[Senate Document 106-1]
[From the U.S. Government Publishing Office]
106th Congress, 1st Session - - - - Senate Document 106-1
____________________________________________________________
SENATE MANUAL
containing the
STANDING RULES, ORDERS, LAWS, AND RESOLUTIONS AFFECTING THE
BUSINESS
of the
UNITED STATES SENATE
declaration of independence
articles of confederation
ordinance of 1787
and the
constitution of the united states
Prepared by
Lory Breneman
Under the Direction of
Tamara S. Somerville
Staff Director
Committee on Rules and Administration
United States Senate
One Hundred Sixth Congress
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 2000
____________________________________________________________
For sale by the Superintendent of Documents, U.S. Government
Printing Office
Washington, D.C. 20402 (Paper Cover)
COMMITTEE ON RULES AND ADMINISTRATION
MITCH McCONNELL, Kentucky, Chairman
JESSE HELMS, North Carolina CHRISTOPHER J. DODD,
Connecticut
TED STEVENS, Alaska ROBERT C. BYRD, West Virginia
JOHN WARNER, Virginia DANIEL K. INOUYE, Hawaii
THAD COCHRAN, Mississippi DANIEL PATRICK MOYNIHAN, New
York
DIANNE FEINSTEIN, California
ROBERT G. TORRICELLI, New
Jersey
CHARLES E. SCHUMER, New York
Tamara S. Somerville, Staff Director
Kennie L. Gill, Democratic Staff Director and Chief Counsel
______
Printed pursuant to 44 U.S.C. Sec. 720.
TABLE OF CONTENTS
Senate Manual Section
Rules, Laws, Procedures:
Standing Rules of the Senate............ 1
(Itemized list on page vii)
Index to Standing Rules of the
Senate...................... 50
Cross-reference Table to
Provisions of the
Congressional Budget and
Impoundment Control Act of
1974, as amended, Relating
to the Operation of the
Senate...................... 55
Nonstatutory Standing Orders and
Resolutions Affecting the Business
of the Senate....................... 60
Rules for Regulation of the Senate Wing
of the Capitol and Senate Office
Buildings........................... 80
Rules for Impeachment Trials............ 100
Cleaves' Manual of Conferences and
Conference Reports.................. 127
Index........................... 188
General and Permanent Laws Relating to
the Senate (Extracts from the United
States Code):
Contents........................ 200
Text............................ 201
Historical Documents:
Declaration of Independence............. 755
Articles of Confederation............... 756
Ordinance of 1787....................... 757
Constitution of the United States....... 760
Ratification...................... 769
Amendments........................ 770
Index........................... 797 .5
Statistical Data:
Presidents Pro Tempore of the Senate
(1st to 106th Cong.)................ 798
Deputy President Pro Tempore of the
Senate.............................. 798 .3
Permanent Acting President Pro Tempore
of the Senate (88th to 95th Cong.).. 798 .5
Senators of the United States (1st to
106th Cong.)........................ 799
Index........................... 900
Electoral Votes for President and Vice
President (1789-1996)............... 901
Supreme Court Justices (1789-2000)...... 950
Cabinet Officers (1789-2000)............ 951
Ratification of the Constitution by the
Thirteen Original States............ 970
States Admitted into the Union Since the
Adoption of the Constitution........ 971
The District of Columbia................ 972
The Commonwealth of Puerto Rico, the
Insular Possessions, and Trust
Territory of the Pacific Islands.... 973
Apportionments of Representatives....... 974
General Index................................... 999
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RULES, LAWS, PROCEDURES
===========================================================_
STANDING RULES OF THE SENATE
Senate
Manual
Section
Rule
I. Appointment of a Senator to the Chair..... 1
II. Presentation of credentials and questions
of privilege.......................... 2
III. Oaths..................................... 3
IV. Commencement of daily sessions............ 4
V. Suspension and amendment of the rules..... 5
VI. Quorum--absent Senators may be sent for... 6
VII. Morning business.......................... 7
VIII. Order of business......................... 8
IX. Messages.................................. 9
X. Special orders............................ 10
XI. Papers--withdrawal, printing, reading of,
and reference......................... 11
XII. Voting procedure.......................... 12
XIII. Reconsideration........................... 13
XIV. Bills, joint resolutions, and preambles
thereto............................... 14
XV. Amendments and motions.................... 15
XVI. Appropriations and amendments to general
appropriations bills.................. 16
XVII. Reference to committees; motions to
discharge; reports of committees; and
hearings available.................... 17
XVIII. Business continued from session to session 18
XIX. Debate.................................... 19
XX. Questions of order........................ 20
XXI. Session with closed doors................. 21
XXII. Precedence of motions..................... 22
XXIII. Privilege of the floor.................... 23
XXIV. Appointment of committees................. 24
XXV. Standing committees....................... 25
XXVI. Committee procedure....................... 26
XXVII. Committee staff........................... 27
XXVIII. Conference committees; reports; open
meetings.............................. 28
XXIX. Executive sessions........................ 29
XXX. Executive session--proceedings on treaties 30
XXXI. Executive session--proceedings on
nominations........................... 31
XXXII. The President furnished with copies of
records of executive sessions......... 32
XXXIII. Senate Chamber--Senate wing of the Capitol 33
XXXIV. Public financial disclosure............... 34
XXXV. Gifts..................................... 35
XXXVI. Outside earned income..................... 36
XXXVII. Conflict of interest...................... 37
XXXVIII. Prohibition of unofficial office accounts. 38
XXXIX. Foreign travel............................ 39
XL. Franking privilege and radio and
television studios.................... 40
XLI. Political fund activity; definitions...... 41
XLII. Employment practices...................... 42
XLIII. Representation by Members................. 43
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STANDING RULES OF THE SENATE
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[The 1979 general revision of the rules was accomplished by
the adoption of S. Res. 274 on Nov. 14, 1979, a
resolution submitted by Mr. Robert C. Byrd for himself
and Mr. Baker; the preparation of the proposed revision
was pursuant to the adoption of S. Res. 156 on May 10,
1976, a resolution by Mr. Robert C. Byrd; the general
revision of the rules set forth in S. Res. 274 was
somewhat altered in form by the adoption of S. Res. 389
on Mar. 25, 1980, to consolidate and renumber certain
standing rules of the Senate.
[Changes to Senate rules since the last general revision in
1979 are indicated by footnotes in each succeeding
edition of the Senate Manual.
[For the origin of various changes in Senate procedure
between 1884 and 1979, as set forth in rules changes,
adopted resolutions, and Legislative Reorganization
Acts, see the table on p. XVI of Riddick's Senate
Procedure, 1992.]
--------
1 RULE I
APPOINTMENT OF A SENATOR TO THE CHAIR
1.1 1. In the absence of the Vice President, the Senate
shall choose a President pro tempore, who shall hold the
office and execute the duties thereof during the pleasure of
the Senate and until another is elected or his term of
office as a Senator expires.
1.2 2. In the absence of the Vice President, and pending the
election of a President pro tempore, the Acting President
pro tempore or the Secretary of the Senate, or in his
absence the Assistant Secretary, shall perform the duties of
the Chair.
1.3 3. The President pro tempore shall have the right to
name in open Senate or, if absent, in writing, a Senator to
perform the duties of the Chair, including the signing of
duly enrolled bills and joint resolutions but such
substitution shall not extend beyond an adjournment, except
by unanimous consent; and the Senator so named shall have
the right to name in open session, or, if absent, in
writing, a Senator to perform the duties of the Chair, but
not to extend beyond an adjournment, except by unanimous
consent.
2 RULE II
PRESENTATION OF CREDENTIALS AND QUESTIONS OF PRIVILEGE
2.1 1. The presentation of the credentials of Senators elect
or of Senators designate and other questions of privilege
shall always be in order, except during the reading and
correction of the Journal, while a question of order or a
motion to adjourn is pending, or while the Senate is voting
or ascertaining the presence of a quorum; and all questions
and motions arising or made upon the presentation of such
credentials shall be proceeded with until disposed of.
2.2 2. The Secretary shall keep a record of the certificates
of election and certificates of appointment of Senators by
entering in a well-bound book kept for that purpose the date
of the election or appointment, the name of the person
elected or appointed, the date of the certificate, the name
of the governor and the secretary of state signing and
counter-signing the same, and the State from which such
Senator is elected or appointed.
2.3 3. The Secretary of the Senate shall send copies of the
following recommended forms to the governor and secretary of
state of each State wherein an election is about to take
place or an appointment is to be made so that they may use
such forms if they see fit.
THE RECOMMENDED FORMS FOR CERTIFICATES OF ELECTION AND
CERTIFICATE OF APPOINTMENT ARE AS FOLLOWS: \1\
``CERTIFICATE OF ELECTION FOR SIX-YEAR TERM
``To the President of the Senate of the United States:
``This is to certify that on the -- day of ----, 20--,
A---- B---- was duly chosen by the qualified electors of the
State of ---- a Senator from said State to represent said
State in the Senate of the United States for the term of six
years, beginning on the 3d day of January, 20--.
---------------------------------------------------------------------------
\1\ All year designations within the following
certificates were changed from 19 to 20 by S. Res. 99, 106-
2, Apr. 27, 2000.
---------------------------------------------------------------------------
``Witness: His excellency our governor ----, and our
seal hereto affixed at ------ this -- day of ----, in the
year of our Lord 20--.
``By the governor:
``C---- D----,
``Governor.
``E---- F----,
``Secretary of State.''
``CERTIFICATE OF ELECTION FOR UNEXPIRED TERM
``To the President of the Senate of the United States:
``This is to certify that on the -- day of ----, 20--,
A---- B---- was duly chosen by the qualified electors of the
State of ---- a Senator for the unexpired term ending at
noon on the 3d day of January, 20--, to fill the vacancy in
the representation from said State in the Senate of the
United States caused by the ---- of C---- D----.
``Witness: His excellency our governor ----, and our
seal hereto affixed at ------ this -- day of ----, in the
year of our Lord 20--.
``By the governor:
``E---- F----,
``Governor.
``G---- H----,
``Secretary of State.''
``CERTIFICATE OF APPOINTMENT
``To the President of the Senate of the United States:
``This is to certify that, pursuant to the power vested
in me by the Constitution of the United States and the laws
of the State of ----, I, A---- B----, the governor of said
State, do hereby appoint C---- D---- a Senator from said
State to represent said State in the Senate of the United
States until the vacancy therein caused by the ---- of E----
F----, is filled by election as provided by law.
``Witness: His excellency our governor ----, and our
seal hereto affixed at ------ this -- day of ----, in the
year of our Lord 20--.
``By the governor:
``G---- H----,
``Governor.
``I---- J----,
``Secretary of State.''
3 RULE III
OATHS
The oaths or affirmations required by the Constitution
and prescribed by law shall be taken and subscribed by each
Senator, in open Senate, before entering upon his duties.
OATH REQUIRED BY THE CONSTITUTION AND BY LAW TO BE TAKEN BY
SENATORS
``I, A---- B---- do solemnly swear (or affirm) that I
will support and defend the Constitution of the United
States against all enemies, foreign and domestic; that I
will bear true faith and allegiance to the same; that I take
this obligation freely, without any mental reservation or
purpose of evasion; and that I will well and faithfully
discharge the duties of the office on which I am about to
enter: So help me God.'' (5 U.S.C. 3331.)
4 RULE IV
COMMENCEMENT OF DAILY SESSIONS
4.1a 1.(a) \2\ The Presiding Officer having taken the chair,
following the prayer by the Chaplain, and after the
Presiding Officer, or a Senator designated by the Presiding
Officer, leads the Senate from the dais in reciting the
Pledge of Allegiance to the Flag of the United States, and a
quorum being present, the Journal of the preceding day shall
be read unless by nondebatable motion the reading shall be
waived, the question being, ``Shall the Journal stand
approved to date?'', and any mistake made in the entries
corrected. Except as provided in subparagraph (b) the
reading of the Journal shall not be suspended unless by
unanimous consent; and when any motion shall be made to
amend or correct the same, it shall be deemed a privileged
question, and proceeded with until disposed of.
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\2\ As amended by S. Res. 28, 99-2, Feb. 27, 1986; S.
Res. 113, 106-1, June 23, 1999.
---------------------------------------------------------------------------
4.1b (b) Whenever the Senate is proceeding under paragraph 2
of rule XXII, the reading of the Journal shall be dispensed
with and shall be considered approved to date.
4.1c (c) The proceedings of the Senate shall be briefly and
accurately stated on the Journal. Messages of the President
in full; titles of bills and resolutions, and such parts as
shall be affected by proposed amendments; every vote, and a
brief statement of the contents of each petition, memorial,
or paper presented to the Senate, shall be entered.
4.1d (d) The legislative, the executive, the confidential
legislative proceedings, and the proceedings when sitting as
a Court of Impeachment, shall each be recorded in a separate
book.
4.2 2. During a session of the Senate when that body is in
continuous session, the Presiding Officer shall temporarily
suspend the business of the Senate at noon each day for the
purpose of having the customary daily prayer by the
Chaplain.
5 RULE V
SUSPENSION AND AMENDMENT OF THE RULES
5.1 1. No motion to suspend, modify, or amend any rule, or
any part thereof, shall be in order, except on one day's
notice in writing, specifying precisely the rule or part
proposed to be suspended, modified, or amended, and the
purpose thereof. Any rule may be suspended without notice by
the unanimous consent of the Senate, except as otherwise
provided by the rules.
5.2 2. The rules of the Senate shall continue from one
Congress to the next Congress unless they are changed as
provided in these rules.
6 RULE VI
QUORUM--ABSENT SENATORS MAY BE SENT FOR
6.1 1. A quorum shall consist of a majority of the Senators
duly chosen and sworn.
6.2 2. No Senator shall absent himself from the service of
the Senate without leave.
6.3 3. If, at any time during the daily sessions of the
Senate, a question shall be raised by any Senator as to the
presence of a quorum, the Presiding Officer shall forthwith
direct the Secretary to call the roll and shall announce the
result, and these proceedings shall be without debate.
6.4 4. Whenever upon such roll call it shall be ascertained
that a quorum is not present, a majority of the Senators
present may direct the Sergeant at Arms to request, and,
when necessary, to compel the attendance of the absent
Senators, which order shall be determined without debate;
and pending its execution, and until a quorum shall be
present, no debate nor motion, except to adjourn, or to
recess pursuant to a previous order entered by unanimous
consent, shall be in order.
7 RULE VII
MORNING BUSINESS
7.1 1. On each legislative day after the Journal is read,
the Presiding Officer on demand of any Senator shall lay
before the Senate messages from the President, reports and
communications from the heads of Departments, and other
communications addressed to the Senate, and such bills,
joint resolutions, and other messages from the House of
Representatives as may remain upon his table from any
previous day's session undisposed of. The Presiding Officer
on demand of any Senator shall then call for, in the
following order:
The presentation of petitions and memorials.
Reports of committees.
The introduction of bills and joint resolutions.
The submission of other resolutions.
All of which shall be received and disposed of in such
order, unless unanimous consent shall be otherwise given,
with newly offered resolutions being called for before
resolutions coming over from a previous legislative day are
laid before the Senate.
7.2 2. Until the morning business shall have been concluded,
and so announced from the Chair, or until one hour after the
Senate convenes at the beginning of a new legislative day,
no motion to proceed to the consideration of any bill,
resolution, report of a committee, or other subject upon the
Calendar shall be entertained by the Presiding Officer,
unless by unanimous consent: Provided, however, That on
Mondays which are the beginning of a legislative day the
Calendar shall be called under rule VIII, and until two
hours after the Senate convenes no motion shall be
entertained to proceed to the consideration of any bill,
resolution, or other subject upon the Calendar except the
motion to continue the consideration of a bill, resolution,
or other subject against objection as provided in rule VIII,
or until the call of the Calendar has been completed.
7.3 3. The Presiding Officer may at any time lay, and it
shall be in order at any time for a Senator to move to lay,
before the Senate, any bill or other matter sent to the
Senate by the President or the House of Representatives for
appropriate action allowed under the rules and any question
pending at that time shall be suspended for this purpose.
Any motion so made shall be determined without debate.
7.4 4. Petitions or memorials shall be referred, without
debate, to the appropriate committee according to subject
matter on the same basis as bills and resolutions, if signed
by the petitioner or memorialist. A question of receiving or
reference may be raised and determined without debate. But
no petition or memorial or other paper signed by citizens or
subjects of a foreign power shall be received, unless the
same be transmitted to the Senate by the President.
7.5 5. Only a brief statement of the contents of petitions
and memorials shall be printed in the Congressional Record;
and no other portion of any petition or memorial shall be
printed in the Record unless specifically so ordered by vote
of the Senate, as provided for in paragraph 4 of rule XI, in
which case the order shall be deemed to apply to the body of
the petition or memorial only; and names attached to the
petition or memorial shall not be printed unless specially
ordered, except that petitions and memorials from the
legislatures or conventions, lawfully called, of the
respective States, Territories, and insular possessions
shall be printed in full in the Record whenever presented.
7.6 6. Senators having petitions, memorials, bills, or
resolutions to present after the morning hour may deliver
them in the absence of objection to the Presiding Officer's
desk, endorsing upon them their names, and with the approval
of the Presiding Officer, they shall be entered on the
Journal with the names of the Senators presenting them and
in the absence of objection shall be considered as having
been read twice and referred to the appropriate committees,
and a transcript of such entries shall be furnished to the
official reporter of debates for publication in the
Congressional Record, under the direction of the Secretary
of the Senate.
8 RULE VIII
ORDER OF BUSINESS
8.1 1. At the conclusion of the morning business at the
beginning of a new legislative day, unless upon motion the
Senate shall at any time otherwise order, the Senate shall
proceed to the consideration of the Calendar of Bills and
Resolutions, and shall continue such consideration until 2
hours after the Senate convenes on such day (the end of the
morning hour); and bills and resolutions that are not
objected to shall be taken up in their order, and each
Senator shall be entitled to speak once and for five minutes
only upon any question; and an objection may be interposed
at any stage of the proceedings, but upon motion the Senate
may continue such consideration; and this order shall
commence immediately after the call for ``other
resolutions'', or after disposition of resolutions coming
``over under the rule'', and shall take precedence of the
unfinished business and other special orders. But if the
Senate shall proceed on motion with the consideration of any
matter notwithstanding an objection, the foregoing
provisions touching debate shall not apply.
8.2 2. All motions made during the first two hours of a new
legislative day to proceed to the consideration of any
matter shall be determined without debate, except motions to
proceed to the consideration of any motion, resolution, or
proposal to change any of the Standing Rules of the Senate
shall be debatable. Motions made after the first two hours
of a new legislative day to proceed to the consideration of
bills and resolutions are debatable.
9 RULE IX
MESSAGES
9.1 1. Messages from the President of the United States or
from the House of Representatives may be received at any
stage of proceedings, except while the Senate is voting or
ascertaining the presence of a quorum, or while the Journal
is being read, or while a question of order or a motion to
adjourn is pending.
9.2 2. Messages shall be sent to the House of
Representatives by the Secretary, who shall previously
certify the determination of the Senate upon all bills,
joint resolutions, and other resolutions which may be
communicated to the House, or in which its concurrence may
be requested; and the Secretary shall also certify and
deliver to the President of the United States all
resolutions and other communications which may be directed
to him by the Senate.
10 RULE X
SPECIAL ORDERS
10.1 1. Any subject may, by a vote of two-thirds of the
Senators present, be made a special order of business for
consideration and when the time so fixed for its
consideration arrives the Presiding Officer shall lay it
before the Senate, unless there be unfinished business in
which case it takes its place on the Calendar of Special
Orders in the order of time at which it was made special, to
be considered in that order when there is no unfinished
business.
10.2 2. All motions to change such order, or to proceed to
the consideration of other business, shall be decided
without debate.
11 RULE XI
PAPERS--WITHDRAWAL, PRINTING, READING OF, AND REFERENCE
11.1 1. No memorial or other paper presented to the Senate,
except original treaties finally acted upon, shall be
withdrawn from its files except by order of the Senate.
11.2 2. The Secretary of the Senate shall obtain at the close
of each Congress all the noncurrent records of the Senate
and of each Senate committee and transfer them to the
General Services Administration for preservation, subject to
the orders of the Senate.
11.3 3. When the reading of a paper is called for, and
objected to, it shall be determined by a vote of the Senate,
without debate.
11.4 4. Every motion or resolution to print documents,
reports, and other matter transmitted by the executive
departments, or to print memorials, petitions, accompanying
documents, or any other paper, except bills of the Senate or
House of Representatives, resolutions submitted by a
Senator, communications from the legislatures or
conventions, lawfully called, of the respective States,
shall, unless the Senate otherwise order, be referred to the
Committee on Rules and Administration. When a motion is made
to commit with instructions, it shall be in order to add
thereto a motion to print.
11.5 5. Motions or resolutions to print additional numbers
shall also be referred to the Committee on Rules and
Administration; and when the committee shall report
favorably, the report shall be accompanied by an estimate of
the probable cost thereof; and when the cost of printing
such additional numbers shall exceed the sum established by
law, the concurrence of the House of Representatives shall
be necessary for an order to print the same.
11.6 6. Every bill and joint resolution introduced or
reported from a committee, and all bills and joint
resolutions received from the House of Representatives, and
all reports of committees, shall be printed, unless, for the
dispatch of the business of the Senate, such printing may be
dispensed with.
12 RULE XII
VOTING PROCEDURE
12.1 1. When the yeas and nays are ordered, the names of
Senators shall be called alphabetically; and each Senator
shall, without debate, declare his assent or dissent to the
question, unless excused by the Senate; and no Senator shall
be permitted to vote after the decision shall have been
announced by the Presiding Officer, but may for sufficient
reasons, with unanimous consent, change or withdraw his
vote. No motion to suspend this rule shall be in order, nor
shall the Presiding Officer entertain any request to suspend
it by unanimous consent.
12.2 2. When a Senator declines to vote on call of his name,
he shall be required to assign his reasons therefor, and
having assigned them, the Presiding Officer shall submit the
question to the Senate: ``Shall the Senator for the reasons
assigned by him, be excused from voting?'' which shall be
decided without debate; and these proceedings shall be had
after the rollcall and before the result is announced; and
any further proceedings in reference thereto shall be after
such announcement.
12.3 3. A Member, notwithstanding any other provisions of
this rule, may decline to vote, in committee or on the
floor, on any matter when he believes that his voting on
such a matter would be a conflict of interest.
12.4 4. No request by a Senator for unanimous consent for the
taking of a final vote on a specified date upon the passage
of a bill or joint resolution shall be submitted to the
Senate for agreement thereto until after a quorum call
ordered for the purpose by the Presiding Officer, it shall
be disclosed that a quorum of the Senate is present; and
when a unanimous consent is thus given the same shall
operate as the order of the Senate, but any unanimous
consent may be revoked by another unanimous consent granted
in the manner prescribed above upon one day's notice.
13 RULE XIII
RECONSIDERATION
13.1 1. When a question has been decided by the Senate, any
Senator voting with the prevailing side or who has not voted
may, on the same day or on either of the next two days of
actual session thereafter, move a reconsideration; and if
the Senate shall refuse to reconsider such a motion entered,
or if such a motion is withdrawn by leave of the Senate, or
if upon reconsideration the Senate shall affirm its first
decision, no further motion to reconsider shall be in order
unless by unanimous consent. Every motion to reconsider
shall be decided by a majority vote, and may be laid on the
table without affecting the question in reference to which
the same is made, which shall be a final disposition of the
motion.
13.2 2. When a bill, resolution, report, amendment, order, or
message, upon which a vote has been taken, shall have gone
out of the possession of the Senate and been communicated to
the House of Representatives, the motion to reconsider shall
be accompanied by a motion to request the House to return
the same; which last motion shall be acted upon immediately,
and without debate, and if determined in the negative shall
be a final disposition of the motion to reconsider.
14 RULE XIV
BILLS, JOINT RESOLUTIONS, RESOLUTIONS, AND PREAMBLES THERETO
14.1 1. Whenever a bill or joint resolution shall be offered,
its introduction shall, if objected to, be postponed for one
day.
14.2 2. Every bill and joint resolution shall receive three
readings previous to its passage which readings on demand of
any Senator shall be on three different legislative days,
and the Presiding Officer shall give notice at each reading
whether it be the first, second, or third: Provided, That
each reading may be by title only, unless the Senate in any
case shall otherwise order.
14.3 3. No bill or joint resolution shall be committed or
amended until it shall have been twice read, after which it
may be referred to a committee; bills and joint resolutions
introduced on leave, and bills and joint resolutions from
the House of Representatives, shall be read once, and may be
read twice, if not objected to, on the same day for
reference, but shall not be considered on that day nor
debated, except for reference, unless by unanimous consent.
14.4 4. Every bill and joint resolution reported from a
committee, not having previously been read, shall be read
once, and twice, if not objected to, on the same day, and
placed on the Calendar in the order in which the same may be
reported; and every bill and joint resolution introduced on
leave, and every bill and joint resolution of the House of
Representatives which shall have received a first and second
reading without being referred to a committee, shall, if
objection be made to further proceeding thereon, be placed
on the Calendar.
14.5 5. All bills, amendments, and joint resolutions shall be
examined under the supervision of the Secretary of the
Senate before they go out of the possession of the Senate,
and all bills and joint resolutions which shall have passed
both Houses shall be examined under the supervision of the
Secretary of the Senate, to see that the same are correctly
enrolled, and, when signed by the Speaker of the House and
the President of the Senate, the Secretary of the Senate
shall forthwith present the same, when they shall have
originated in the Senate, to the President of the United
States and report the fact and date of such presentation to
the Senate.
14.6 6. All other resolutions shall lie over one day for
consideration, if not referred, unless by unanimous consent
the Senate shall otherwise direct. When objection is heard
to the immediate consideration of a resolution or motion
when it is submitted, it shall be placed on the Calendar
under the heading of ``Resolutions and Motions over, under
the Rule,'' to be laid before the Senate on the next
legislative day when there is no further morning business
but before the close of morning business and before the
termination of the morning hour.
14.7 7. When a bill or joint resolution shall have been
ordered to be read a third time, it shall not be in order to
propose amendments, unless by unanimous consent, but it
shall be in order at any time before the passage of any bill
or resolution to move its commitment; and when the bill or
resolution shall again be reported from the committee it
shall be placed on the Calendar.
14.8 8. When a bill or resolution is accompanied by a
preamble, the question shall first be put on the bill or
resolution and then on the preamble, which may be withdrawn
by a mover before an amendment of the same, or ordering of
the yeas and nays; or it may be laid on the table without
prejudice to the bill or resolution, and shall be a final
disposition of such preamble.
14.9 9. Whenever a private bill, except a bill for a pension,
is under consideration, it shall be in order to move the
adoption of a resolution to refer the bill to the Chief
Commissioner of the Court of Claims for a report in
conformity with section 2509 of title 28, United States
Code.
14.10
14.10 10. No private bill or resolution (including so-called
omnibus claims or pension bills), and no amendment to any
bill or resolution, authorizing or directing (1) the payment
of money for property damages, personal injuries, or death,
for which a claim may be filed under chapter 171 of title
28, United States Code, or for a pension (other than to
carry out a provision of law or treaty stipulation); (2) the
construction of a bridge across a navigable stream; or (3)
the correction of a military or naval record, shall be
received or considered.
15 RULE XV
AMENDMENTS AND MOTIONS
15.1 1. All motions and amendments shall be reduced to
writing, if desired by the Presiding Officer or by any
Senator, and shall be read before the same shall be debated.
15.2 2. Any motion, amendment, or resolution may be withdrawn
or modified by the mover at any time before a decision,
amendment, or ordering of the yeas and nays, except a motion
to reconsider, which shall not be withdrawn without leave.
15.3 3. If the question in debate contains several
propositions, any Senator may have the same divided, except
a motion to strike out and insert, which shall not be
divided; but the rejection of a motion to strike out and
insert one proposition shall not prevent a motion to strike
out and insert a different proposition; nor shall it prevent
a motion simply to strike out; nor shall the rejection of a
motion to strike out prevent a motion to strike out and
insert. But pending a motion to strike out and insert, the
part to be stricken out and the part to be inserted shall
each be regarded for the purpose of amendment as a question,
and motions to amend the part to be stricken out shall have
precedence.
15.4 4. When an amendment proposed to any pending measure is
laid on the table, it shall not carry with it, or prejudice,
such measure.
15.5 5. It shall not be in order to consider any proposed
committee amendment (other than a technical, clerical, or
conforming amendment) which contains any significant matter
not within the jurisdiction of the committee proposing such
amendment.
16 RULE XVI
APPROPRIATIONS AND AMENDMENTS TO GENERAL APPROPRIATIONS
BILLS
16.1 1. On a point of order made by any Senator, no
amendments shall be received to any general appropriation
bill the effect of which will be to increase an
appropriation already contained in the bill, or to add a new
item of appropriation, unless it be made to carry out the
provisions of some existing law, or treaty stipulation, or
act or resolution previously passed by the Senate during
that session; or unless the same be moved by direction of
the Committee on Appropriations or of a committee of the
Senate having legislative jurisdiction of the subject
matter, or proposed in pursuance of an estimate submitted in
accordance with law.
16.2 2. The Committee on Appropriations shall not report an
appropriation bill containing amendments to such bill
proposing new or general legislation or any restriction on
the expenditure of the funds appropriated which proposes a
limitation not authorized by law if such restriction is to
take effect or cease to be effective upon the happening of a
contingency, and if an appropriation bill is reported to the
Senate containing amendments to such bill proposing new or
general legislation or any such restriction, a point of
order may be made against the bill, and if the point is
sustained, the bill shall be recommitted to the Committee on
Appropriations.
16.3 3. All amendments to general appropriation bills moved
by direction of a committee having legislative jurisdiction
of the subject matter proposing to increase an appropriation
already contained in the bill, or to add new items of
appropriation, shall, at least one day before they are
considered, be referred to the Committee on Appropriations,
and when actually proposed to the bill no amendment
proposing to increase the amount stated in such amendment
shall be received on a point of order made by any Senator.
16.4 4. On a point of order made by any Senator, no amendment
offered by any other Senator which proposes general
legislation shall be received to any general appropriation
bill, nor shall any amendment not germane or relevant to the
subject matter contained in the bill be received; nor shall
any amendment to any item or clause of such bill be received
which does not directly relate thereto; nor shall any
restriction on the expenditure of the funds appropriated
which proposes a limitation not authorized by law be
received if such restriction is to take effect or cease to
be effective upon the happening of a contingency; and all
questions of relevancy of amendments under this rule, when
raised, shall be submitted to the Senate and be decided
without debate; and any such amendment or restriction to a
general appropriation bill may be laid on the table without
prejudice to the bill.
16.5 5. On a point of order made by any Senator, no
amendment, the object of which is to provide for a private
claim, shall be received to any general appropriation bill,
unless it be to carry out the provisions of an existing law
or a treaty stipulation, which shall be cited on the face of
the amendment.
16.6 6. When a point of order is made against any restriction
on the expenditure of funds appropriated in a general
appropriation bill on the ground that the restriction
violates this rule, the rule shall be construed strictly
and, in case of doubt, in favor of the point of order.
16.7 7. Every report on general appropriation bills filed by
the Committee on Appropriations shall identify with
particularity each recommended amendment which proposes an
item of appropriation which is not made to carry out the
provisions of an existing law, a treaty stipulation, or an
act or resolution previously passed by the Senate during
that session.
16.8 8. On a point of order made by any Senator, no general
appropriation bill or amendment thereto shall be received or
considered if it contains a provision reappropriating
unexpended balances of appropriations; except that this
provision shall not apply to appropriations in continuation
of appropriations for public works on which work has
commenced.
17 RULE XVII
REFERENCE TO COMMITTEES; MOTIONS TO DISCHARGE; REPORTS OF
COMMITTEES; AND HEARINGS AVAILABLE
17.1 1. Except as provided in paragraph 3, in any case in
which a controversy arises as to the jurisdiction of any
committee with respect to any proposed legislation, the
question of jurisdiction shall be decided by the presiding
officer, without debate, in favor of the committee which has
jurisdiction over the subject matter which predominates in
such proposed legislation; but such decision shall be
subject to an appeal.
17.2 2. A motion simply to refer shall not be open to
amendment, except to add instructions.
17.3a 3. (a) Upon motion by both the majority leader or his
designee and the minority leader or his designee, proposed
legislation may be referred to two or more committees
jointly or sequentially. Notice of such motion and the
proposed legislation to which it relates shall be printed in
the Congressional Record. The motion shall be privileged,
but it shall not be in order until the Congressional Record
in which the notice is printed has been available to
Senators for at least twenty-four hours. No amendment to any
such motion shall be in order except amendments to any
instructions contained therein. Debate on any such motion,
and all amendments thereto and debatable motions and appeals
in connection therewith, shall be limited to not more than
two hours, the time to be equally divided between, and
controlled by, the majority leader and the minority leader
or their designees.
17.3b (b) Proposed legislation which is referred to two or
more committees jointly may be reported only by such
committees jointly and only one report may accompany any
proposed legislation so jointly reported.
17.3c (c) A motion to refer any proposed legislation to two or
more committees sequentially shall specify the order of
referral.
17.3d (d) Any motion under this paragraph may specify the
portion or portions of proposed legislation to be considered
by the committees, or any of them, to which such proposed
legislation is referred, and such committees or committee
shall be limited, in the consideration of such proposed
legislation, to the portion or portions so specified.
17.3e (e) Any motion under this subparagraph may contain
instructions with respect to the time allowed for
consideration by the committees, or any of them, to which
proposed legislation is referred and the discharge of such
committees, or any of them, from further consideration of
such proposed legislation.
17.4a 4. (a) All reports of committees and motions to
discharge a committee from the consideration of a subject,
and all subjects from which a committee shall be discharged,
shall lie over one day for consideration, unless by
unanimous consent the Senate shall otherwise direct.
17.4b (b) Whenever any committee (except the Committee on
Appropriations) has reported any measure, by action taken in
conformity with the requirements of paragraph 7 of rule
XXVI, no point of order shall lie with respect to that
measure on the ground that hearings upon that measure by the
committee were not conducted in accordance with the
provisions of paragraph 4 of rule XXVI.
17.5 5.\3\ Any measure or matter reported by any standing
committee shall not be considered in the Senate unless the
report of that committee upon that measure or matter has
been available to Members for at least two calendar days
(excluding Sundays and legal holidays) prior to the
consideration of that measure or matter. If hearings have
been held on any such measure or matter so reported, the
committee reporting the measure or matter shall make every
reasonable effort to have such hearings printed and
available for distribution to the Members of the Senate
prior to the consideration of such measure or matter in the
Senate. This paragraph--
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\3\ As amended by S. Res. 28, 99-2, Feb. 27, 1986.
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(1) may be waived by joint agreement of the
majority leader and the minority leader of the
Senate; and
(2) shall not apply to--
(A) any measure for the declaration of
war, or the declaration of a national
emergency, by the Congress, and
(B) any executive decision,
determination, or action which would become,
or continue to be, effective unless
disapproved or otherwise invalidated by one
or both Houses of Congress.
18 RULE XVIII
BUSINESS CONTINUED FROM SESSION TO SESSION
At the second or any subsequent session of a Congress
the legislative business of the Senate which remained
undetermined at the close of the next preceding session of
that Congress shall be resumed and proceeded with in the
same manner as if no adjournment of the Senate had taken
place.
19 RULE XIX
DEBATE
19.1a 1. (a) When a Senator desires to speak, he shall rise
and address the Presiding Officer, and shall not proceed
until he is recognized, and the Presiding Officer shall
recognize the Senator who shall first address him. No
Senator shall interrupt another Senator in debate without
his consent, and to obtain such consent he shall first
address the Presiding Officer, and no Senator shall speak
more than twice upon any one question in debate on the same
legislative day without leave of the Senate, which shall be
determined without debate.
19.1b (b) At the conclusion of the morning hour at the
beginning of a new legislative day or after the unfinished
business or any pending business has first been laid before
the Senate on any calendar day, and until after the duration
of three hours of actual session after such business is laid
down except as determined to the contrary by unanimous
consent or on motion without debate, all debate shall be
germane and confined to the specific question then pending
before the Senate.
19.2 2. No Senator in debate shall, directly or indirectly,
by any form of words impute to another Senator or to other
Senators any conduct or motive unworthy or unbecoming a
Senator.
19.3 3. No Senator in debate shall refer offensively to any
State of the Union.
19.4 4. If any Senator, in speaking or otherwise, in the
opinion of the Presiding Officer transgress the rules of the
Senate the Presiding Officer shall, either on his own motion
or at the request of any other Senator, call him to order;
and when a Senator shall be called to order he shall take
his seat, and may not proceed without leave of the Senate,
which, if granted, shall be upon motion that he be allowed
to proceed in order, which motion shall be determined
without debate. Any Senator directed by the Presiding
Officer to take his seat, and any Senator requesting the
Presiding Officer to require a Senator to take his seat, may
appeal from the ruling of the Chair, which appeal shall be
open to debate.
19.5 5. If a Senator be called to order for words spoken in
debate, upon the demand of the Senator or of any other
Senator, the exceptionable words shall be taken down in
writing, and read at the table for the information of the
Senate.
19.6 6. Whenever confusion arises in the Chamber or the
galleries, or demonstrations of approval or disapproval are
indulged in by the occupants of the galleries, it shall be
the duty of the Chair to enforce order on his own initiative
and without any point of order being made by a Senator.
19.7 7. No Senator shall introduce to or bring to the
attention of the Senate during its sessions any occupant in
the galleries of the Senate. No motion to suspend this rule
shall be in order, nor may the Presiding Officer entertain
any request to suspend it by unanimous consent.
19.8 8. Former Presidents of the United States shall be
entitled to address the Senate upon appropriate notice to
the Presiding Officer who shall thereupon make the necessary
arrangements.
20 RULE XX
QUESTIONS OF ORDER
20.1 1. A question of order may be raised at any stage of the
proceedings, except when the Senate is voting or
ascertaining the presence of a quorum, and, unless submitted
to the Senate, shall be decided by the Presiding Officer
without debate, subject to an appeal to the Senate. When an
appeal is taken, any subsequent question of order which may
arise before the decision of such appeal shall be decided by
the Presiding Officer without debate; and every appeal
therefrom shall be decided at once, and without debate; and
any appeal may be laid on the table without prejudice to the
pending proposition, and thereupon shall be held as
affirming the decision of the Presiding Officer.
20.2 2. The Presiding Officer may submit any question of
order for the decision of the Senate.
21 RULE XXI
SESSION WITH CLOSED DOORS
21.1 1. On a motion made and seconded to close the doors of
the Senate, on the discussion of any business which may, in
the opinion of a Senator, require secrecy, the Presiding
Officer shall direct the galleries to be cleared; and during
the discussion of such motion the doors shall remain closed.
21.2 2. When the Senate meets in closed session, any
applicable provisions of rules XXIX and XXXI, including the
confidentiality of information shall apply to any
information and to the conduct of any debate transacted.
22 RULE XXII
PRECEDENCE OF MOTIONS
22.1 1. When a question is pending, no motion shall be
received but--
To adjourn.
To adjourn to a day certain, or that when the
Senate adjourn it shall be to a day certain.
To take a recess.
To proceed to the consideration of executive
business.
To lay on the table.
To postpone indefinitely.
To postpone to a day certain.
To commit.
To amend.
Which several motions shall have precedence as they stand
arranged; and the motions relating to adjournment, to take a
recess, to proceed to the consideration of executive
business, to lay on the table, shall be decided without
debate.
22.2 2.\4\ Notwithstanding the provisions of rule II or rule
IV or any other rule of the Senate, at any time a motion
signed by sixteen Senators, to bring to a close the debate
upon any measure, motion, other matter pending before the
Senate, or the unfinished business, is presented to the
Senate, the Presiding Officer, or clerk at the direction of
the Presiding Officer, shall at once state the motion to the
Senate, and one hour after the Senate meets on the following
calendar day but one, he shall lay the motion before the
Senate and direct that the clerk call the roll, and upon the
ascertainment that a quorum is present, the Presiding
Officer shall, without debate, submit to the Senate by a
yea-and-nay vote the question:
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\4\ As amended by S. Res. 28, 99-2, Feb. 27, 1986.
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``Is it the sense of the Senate that the debate shall be
brought to a close?''
And if that question shall be decided in the affirmative
by three-fifths of the Senators duly chosen and sworn--
except on a measure or motion to amend the Senate rules, in
which case the necessary affirmative vote shall be two-
thirds of the Senators present and voting--then said
measure, motion, or other matter pending before the Senate,
or the unfinished business, shall be the unfinished business
to the exclusion of all other business until disposed of.
Thereafter no Senator shall be entitled to speak in all
more than one hour on the measure, motion, or other matter
pending before the Senate, or the unfinished business, the
amendments thereto and motions affecting the same, and it
shall be the duty of the Presiding Officer to keep the time
of each Senator who speaks. Except by unanimous consent, no
amendment shall be proposed after the vote to bring the
debate to a close, unless it had been submitted in writing
to the Journal Clerk by 1 o'clock p.m. on the day following
the filing of the cloture motion if an amendment in the
first degree, and unless it had been so submitted at least
one hour prior to the beginning of the cloture vote if an
amendment in the second degree. No dilatory motion, or
dilatory amendment, or amendment not germane shall be in
order. Points of order, including questions of relevancy,
and appeals from the decision of the Presiding Officer,
shall be decided without debate.
After no more than thirty hours of consideration of the
measure, motion, or other matter on which cloture has been
invoked, the Senate shall proceed, without any further
debate on any question, to vote on the final disposition
thereof to the exclusion of all amendments not then actually
pending before the Senate at that time and to the exclusion
of all motions, except a motion to table, or to reconsider
and one quorum call on demand to establish the presence of a
quorum (and motions required to establish a quorum)
immediately before the final vote begins. The thirty hours
may be increased by the adoption of a motion, decided
without debate, by a three-fifths affirmative vote of the
Senators duly chosen and sworn, and any such time thus
agreed upon shall be equally divided between and controlled
by the Majority and Minority Leaders or their designees.
However, only one motion to extend time, specified above,
may be made in any one calendar day.
If, for any reason, a measure or matter is reprinted
after cloture has been invoked, amendments which were in
order prior to the reprinting of the measure or matter will
continue to be in order and may be conformed and reprinted
at the request of the amendment's sponsor. The conforming
changes must be limited to lineation and pagination.
No Senator shall call up more than two amendments until
every other Senator shall have had the opportunity to do
likewise.
Notwithstanding other provisions of this rule, a Senator
may yield all or part of his one hour to the majority or
minority floor managers of the measure, motion, or matter or
to the Majority or Minority Leader, but each Senator
specified shall not have more than two hours so yielded to
him and may in turn yield such time to other Senators.
Notwithstanding any other provision of this rule, any
Senator who has not used or yielded at least ten minutes,
is, if he seeks recognition, guaranteed up to ten minutes,
inclusive, to speak only.
After cloture is invoked, the reading of any amendment,
including House amendments, shall be dispensed with when the
proposed amendment has been identified and has been
available in printed form at the desk of the Members for not
less than twenty-four hours.
23 RULE XXIII
PRIVILEGE OF THE FLOOR
Other than the Vice President and Senators, no person
shall be admitted to the floor of the Senate while in
session, except as follows:
The President of the United States and his private
secretary.
The President elect and Vice President elect of the
United States.
Ex-Presidents and ex-Vice Presidents of the United
States.
Judges of the Supreme Court.
Ex-Senators and Senators elect.
The officers and employees of the Senate in the
discharge of their official duties.
Ex-Secretaries and ex-Sergeants at Arms of the Senate.
Members of the House of Representatives and Members
elect.
Ex-Speakers of the House of Representatives.
The Sergeant at Arms of the House and his chief deputy
and the Clerk of the House and his deputy.
Heads of the Executive Departments.
Ambassadors and Ministers of the United States.
Governors of States and Territories.
Members of the Joint Chiefs of Staff.
The General Commanding the Army.
The Senior Admiral of the Navy on the active list.
Members of National Legislatures of foreign countries
and Members of the European Parliament.
Judges of the Court of Claims.
The Mayor of the District of Columbia.
The Librarian of Congress and the Assistant Librarian in
charge of the Law Library.
The Architect of the Capitol.
The Chaplain of the House of Representatives.
The Secretary of the Smithsonian Institution.
The Parliamentarian Emeritus of the Senate.
Members of the staffs of committees of the Senate and
joint committees of the Congress when in the discharge of
their official duties and employees in the office of a
Senator when in the discharge of their official duties (but
in each case subject to such rules or regulations as may be
prescribed by the Committee on Rules and Administration).
Senate committee staff members and employees in the office
of a Senator must be on the payroll of the Senate and
members of joint committee staffs must be on the payroll of
the Senate or the House of Representatives.
24 RULE XXIV
APPOINTMENT OF COMMITTEES
24.1 1. In the appointment of the standing committees, or to
fill vacancies thereon, the Senate, unless otherwise
ordered, shall by resolution appoint the chairman of each
such committee and the other members thereof. On demand of
any Senator, a separate vote shall be had on the appointment
of the chairman of any such committee and on the appointment
of the other members thereof. Each such resolution shall be
subject to amendment and to division of the question.
24.2 2. On demand of one-fifth of the Senators present, a
quorum being present, any vote taken pursuant to paragraph 1
shall be by ballot.
24.3 3. Except as otherwise provided or unless otherwise
ordered, all other committees, and the chairmen thereof,
shall be appointed in the same manner as standing
committees.
24.4 4. When a chairman of a committee shall resign or cease
to serve on a committee, action by the Senate to fill the
vacancy in such committee, unless specially otherwise
ordered, shall be only to fill up the number of members of
the committee, and the election of a new chairman.
25 RULE XXV
STANDING COMMITTEES
25.1 1. The following standing committees shall be appointed
at the commencement of each Congress, and shall continue and
have the power to act until their successors are appointed,
with leave to report by bill or otherwise on matters within
their respective jurisdictions:
25.1a (a) (1) Committee on Agriculture, Nutrition, and
Forestry, to which committee shall be referred all proposed
legislation, messages, petitions, memorials, and other
matters relating primarily to the following subjects:
1. Agricultural economics and research.
2. Agricultural extension services and experiment
stations.
3. Agricultural production, marketing, and stabilization
of prices.
4. Agriculture and agricultural commodities.
5. Animal industry and diseases.
6. Crop insurance and soil conservation.
7. Farm credit and farm security.
8. Food from fresh waters.
9. Food stamp programs.
10. Forestry, and forest reserves and wilderness areas
other than those created from the public domain.
11. Home economics.
12. Human nutrition.
13. Inspection of livestock, meat, and agricultural
products.
14. Pests and pesticides.
15. Plant industry, soils, and agricultural engineering.
16. Rural development, rural electrification, and
watersheds.
17. School nutrition programs.
(2) Such committee shall also study and review, on a
comprehensive basis, matters relating to food, nutrition,
and hunger, both in the United States and in foreign
countries, and rural affairs, and report thereon from time
to time.
25.1b (b) Committee on Appropriations, to which committee
shall be referred all proposed legislation, messages,
petitions, memorials, and other matters relating to the
following subjects:
1. Appropriation of the revenue for the support of the
Government, except as provided in subparagraph (e).
2. Rescission of appropriations contained in
appropriation Acts (referred to in section 105 of title 1,
United States Code).
3. The amount of new spending authority described in
section 401(c)(2) (A) and (B) of the Congressional Budget
Act of 1974 which is to be effective for a fiscal year.
4. New spending authority described in section
401(c)(2)(C) of the Congressional Budget Act of 1974
provided in bills and resolutions referred to the committee
under section 401(b)(2) of that Act (but subject to the
provisions of section 401(b)(3) of that Act).
25.1c (c) (1) Committee on Armed Services, to which committee
shall be referred all proposed legislation, messages,
petitions, memorials, and other matters relating to the
following subjects:
1. Aeronautical and space activities peculiar to or
primarily associated with the development of weapons systems
or military operations.
2. Common defense.
3. Department of Defense, the Department of the Army,
the Department of the Navy, and the Department of the Air
Force, generally.
4. Maintenance and operation of the Panama Canal,
including administration, sanitation, and government of the
Canal Zone.
5. Military research and development.
6. National security aspects of nuclear energy.
7. Naval petroleum reserves, except those in Alaska.
8. Pay, promotion, retirement, and other benefits and
privileges of members of the Armed Forces, including
overseas education of civilian and military dependents.
9. Selective service system.
10. Strategic and critical materials necessary for the
common defense.
(2) Such committee shall also study and review, on a
comprehensive basis, matters relating to the common defense
policy of the United States, and report thereon from time to
time.
25.1d (d) (1) Committee on Banking, Housing, and Urban
Affairs, to which committee shall be referred all proposed
legislation, messages, petitions, memorials, and other
matters relating to the following subjects:
1. Banks, banking, and financial institutions.
2. Control of prices of commodities, rents, and
services.
3. Deposit insurance.
4. Economic stabilization and defense production.
5. Export and foreign trade promotion.
6. Export controls.
7. Federal monetary policy, including Federal Reserve
System.
8. Financial aid to commerce and industry.
9. Issuance and redemption of notes.
10. Money and credit, including currency and coinage.
11. Nursing home construction.
12. Public and private housing (including veterans'
housing).
13. Renegotiation of Government contracts.
14. Urban development and urban mass transit.
(2) Such committee shall also study and review, on a
comprehensive basis, matters relating to international
economic policy as it affects United States monetary
affairs, credit, and financial institutions; economic
growth, urban affairs, and credit, and report thereon from
time to time.
25.1e (e) (1) Committee on the Budget, to which committee
shall be referred all concurrent resolutions on the budget
(as defined in section 3(a)(4) of the Congressional Budget
Act of 1974) and all other matters required to be referred
to that committee under titles III and IV of that Act, and
messages, petitions, memorials, and other matters relating
thereto.
(2) Such committee shall have the duty--
(A) to report the matters required to be
reported by it under titles III and IV of the
Congressional Budget Act of 1974;
(B) to make continuing studies of the effect on
budget outlays of relevant existing and proposed
legislation and to report the results of such
studies to the Senate on a recurring basis;
(C) to request and evaluate continuing studies
of tax expenditures, to devise methods of
coordinating tax expenditures, policies, and
programs with direct budget outlays, and to report
the results of such studies to the Senate on a
recurring basis; and
(D) to review, on a continuing basis, the
conduct by the Congressional Budget Office of its
functions and duties.
25.1f (f) (1) Committee on Commerce, Science, and
Transportation, to which committee shall be referred all
proposed legislation, messages, petitions, memorials, and
other matters relating to the following subjects:
1. Coast Guard.
2. Coastal zone management.
3. Communications.
4. Highway safety.
5. Inland waterways, except construction.
6. Interstate commerce.
7. Marine and ocean navigation, safety, and
transportation, including navigational aspects of deepwater
ports.
8. Marine fisheries.
9. Merchant marine and navigation.
10. Nonmilitary aeronautical and space sciences.
11. Oceans, weather, and atmospheric activities.
12. Panama Canal and interoceanic canals generally,
except as provided in subparagraph (c).
13. Regulation of consumer products and services,
including testing related to toxic substances, other than
pesticides, and except for credit, financial services, and
housing.
14. Regulation of interstate common carriers, including
railroads, buses, trucks, vessels, pipelines, and civil
aviation.
15. Science, engineering, and technology research and
development and policy.
16. Sports.
17. Standards and measurement.
18. Transportation.
19. Transportation and commerce aspects of Outer
Continental Shelf lands.
(2) Such committee shall also study and review, on a
comprehensive basis, all matters relating to science and
technology, oceans policy, transportation, communications,
and consumer affairs, and report thereon from time to time.
25.1g (g) (1) Committee on Energy and Natural Resources, to
which committee shall be referred all proposed legislation,
messages, petitions, memorials, and other matters relating
to the following subjects:
1. Coal production, distribution, and utilization.
2. Energy policy.
3. Energy regulation and conservation.
4. Energy related aspects of deepwater ports.
5. Energy research and development.
6. Extraction of minerals from oceans and Outer
Continental Shelf lands.
7. Hydroelectric power, irrigation, and reclamation.
8. Mining education and research.
9. Mining, mineral lands, mining claims, and mineral
conservation.
10. National parks, recreation areas, wilderness areas,
wild and scenic rivers, historical sites, military parks and
battlefields, and on the public domain, preservation of
prehistoric ruins and objects of interest.
11. Naval petroleum reserves in Alaska.
12. Nonmilitary development of nuclear energy.
13. Oil and gas production and distribution.
14. Public lands and forests, including farming and
grazing thereon, and mineral extraction therefrom.
15. Solar energy systems.
16. Territorial possessions of the United States,
including trusteeships.
(2) Such committee shall also study and review, on a
comprehensive basis, matters relating to energy and
resources development, and report thereon from time to time.
25.1h (h) (1) Committee on Environment and Public Works, to
which committee shall be referred all proposed legislation,
messages, petitions, memorials, and other matters relating
to the following subjects:
1. Air pollution.
2. Construction and maintenance of highways.
3. Environmental aspects of Outer Continental Shelf
lands.
4. Environmental effects of toxic substances, other than
pesticides.
5. Environmental policy.
6. Environmental research and development.
7. Fisheries and wildlife.
8. Flood control and improvements of rivers and harbors,
including environmental aspects of deepwater ports.
9. Noise pollution.
10. Nonmilitary environmental regulation and control of
nuclear energy.
11. Ocean dumping.
12. Public buildings and improved grounds of the United
States generally, including Federal buildings in the
District of Columbia.
13. Public works, bridges, and dams.
14. Regional economic development.
15. Solid waste disposal and recycling.
16. Water pollution.
17. Water resources.
(2) Such committee shall also study and review, on a
comprehensive basis, matters relating to environmental
protection and resource utilization and conservation, and
report thereon from time to time.
25.1i (i) Committee on Finance, to which committee shall be
referred all proposed legislation, messages, petitions,
memorials, and other matters relating to the following
subjects:
1. Bonded debt of the United States, except as provided
in the Congressional Budget Act of 1974.
2. Customs, collection districts, and ports of entry and
delivery.
3. Deposit of public moneys.
4. General revenue sharing.
5. Health programs under the Social Security Act and
health programs financed by a specific tax or trust fund.
6. National social security.
7. Reciprocal trade agreements.
8. Revenue measures generally, except as provided in the
Congressional Budget Act of 1974.
9. Revenue measures relating to the insular possessions.
10. Tariffs and import quotas, and matters related
thereto.
11. Transportation of dutiable goods.
25.1j (j) (1) Committee on Foreign Relations, to which
committee shall be referred all proposed legislation,
messages, petitions, memorials, and other matters relating
to the following subjects:
1. Acquisition of land and buildings for embassies and
legations in foreign countries.
2. Boundaries of the United States.
3. Diplomatic service.
4. Foreign economic, military, technical, and
humanitarian assistance.
5. Foreign loans.
6. International activities of the American National Red
Cross and the International Committee of the Red Cross.
7. International aspects of nuclear energy, including
nuclear transfer policy.
8. International conferences and congresses.
9. International law as it relates to foreign policy.
10. International Monetary Fund and other international
organizations established primarily for international
monetary purposes (except that, at the request of the
Committee on Banking, Housing, and Urban Affairs, any
proposed legislation relating to such subjects reported by
the Committee on Foreign Relations shall be referred to the
Committee on Banking, Housing, and Urban Affairs).
11. Intervention abroad and declarations of war.
12. Measures to foster commercial intercourse with
foreign nations and to safeguard American business interests
abroad.
13. National security and international aspects of
trusteeships of the United States.
14. Oceans and international environmental and
scientific affairs as they relate to foreign policy.
15. Protection of United States citizens abroad and
expatriation.
16. Relations of the United States with foreign nations
generally.
17. Treaties and executive agreements, except reciprocal
trade agreements.
18. United Nations and its affiliated organizations.
19. World Bank group, the regional development banks,
and other international organizations established primarily
for development assistance purposes.
(2) Such committee shall also study and review, on a
comprehensive basis, matters relating to the national
security policy, foreign policy, and international economic
policy as it relates to foreign policy of the United States,
and matters relating to food, hunger, and nutrition in
foreign countries, and report thereon from time to time.
25.1k (k) (1) Committee on Governmental Affairs, to which
committee shall be referred all proposed legislation,
messages, petitions, memorials, and other matters relating
to the following subjects:
1. Archives of the United States.
2. Budget and accounting measures, other than
appropriations, except as provided in the Congressional
Budget Act of 1974.
3. Census and collection of statistics, including
economic and social statistics.
4. Congressional organization, except for any part of
the matter that amends the rules or orders of the Senate.
5. Federal Civil Service.
6. Government information.
7. Intergovernmental relations.
8. Municipal affairs of the District of Columbia, except
appropriations therefor.
9. Organization and management of United States nuclear
export policy.
10. Organization and reorganization of the executive
branch of the Government.
11. Postal Service.
12. Status of officers and employees of the United
States, including their classification, compensation, and
benefits.
(2) Such committee shall have the duty of--
(A) receiving and examining reports of the
Comptroller General of the United States and of
submitting such recommendations to the Senate as it
deems necessary or desirable in connection with the
subject matter of such reports;
(B) studying the efficiency, economy, and
effectiveness of all agencies and departments of the
Government;
(C) evaluating the effects of laws enacted to
reorganize the legislative and executive branches of
the Government; and
(D) studying the intergovernmental relationships
between the United States and the States and
municipalities, and between the United States and
international organizations of which the United
States is a member.
25.1l (l) (1) \5\ Committee on Health, Education, Labor, and
Pensions to which committee shall be referred all proposed
legislation, messages, petitions, memorials, and other
matters relating to the following subjects:
---------------------------------------------------------------------------
\5\ Name changed pursuant to S. Res. 28, 106-1, Jan. 21,
1999; redesignated as subparagraph (l) by S. Res. 299, 106-
2, Apr. 27, 2000.
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1. Measures relating to education, labor, health, and
public welfare.
2. Aging.
3. Agricultural colleges.
4. Arts and humanities.
5. Biomedical research and development.
6. Child labor.
7. Convict labor and the entry of goods made by convicts
into interstate commerce.
8. Domestic activities of the American National Red
Cross.
9. Equal employment opportunity.
10. Gallaudet College, Howard University, and Saint
Elizabeths Hospital.
11. \6\ Individuals with disabilities.
---------------------------------------------------------------------------
\6\ As amended, S. Res. 28, 106-1, Jan. 21, 1999.
---------------------------------------------------------------------------
12. Labor standards and labor statistics.
13. Mediation and arbitration of labor disputes.
14. Occupational safety and health, including the
welfare of miners.
15. Private pension plans.
16. Public health.
17. Railway labor and retirement.
18. Regulation of foreign laborers.
19. Student loans.
20. Wages and hours of labor.
(2) Such committee shall also study and review, on a
comprehensive basis, matters relating to health, education
and training, and public welfare, and report thereon from
time to time.
25.1m (m) \7\ Committee on the Judiciary, to which committee
shall be referred all proposed legislation, messages,
petitions, memorials, and other matters relating to the
following subjects:
---------------------------------------------------------------------------
\7\ Redesignated as subparagraph (m) by S. Res. 299,
106-2, Apr. 27, 2000.
---------------------------------------------------------------------------
1. Apportionment of Representatives.
2. Bankruptcy, mutiny, espionage, and counterfeiting.
3. Civil liberties.
4. Constitutional amendments.
5. Federal courts and judges.
6. Government information.
7. Holidays and celebrations.
8. Immigration and naturalization.
9. Interstate compacts generally.
10. Judicial proceedings, civil and criminal, generally.
11. Local courts in the territories and possessions.
12. Measures relating to claims against the United
States.
13. National penitentiaries.
14. Patent Office.
15. Patents, copyrights, and trademarks.
16. Protection of trade and commerce against unlawful
restraints and monopolies.
17. Revision and codification of the statutes of the
United States.
18. State and territorial boundary lines.
25.1n (n) (1) Committee on Rules and Administration, to which
committee shall be referred all proposed legislation,
messages, petitions, memorials, and other matters relating
to the following subjects:
1. Administration of the Senate Office Buildings and the
Senate wing of the Capitol, including the assignment of
office space.
2. Congressional organization relative to rules and
procedures, and Senate rules and regulations, including
floor and gallery rules.
3. Corrupt practices.
4. Credentials and qualifications of Members of the
Senate, contested elections, and acceptance of incompatible
offices.
5. Federal elections generally, including the election
of the President, Vice President, and Members of the
Congress.
6. Government Printing Office, and the printing and
correction of the Congressional Record, as well as those
matters provided for under rule XI.
7. Meetings of the Congress and attendance of Members.
8. Payment of money out of the contingent fund of the
Senate or creating a charge upon the same (except that any
resolution relating to substantive matter within the
jurisdiction of any other standing committee of the Senate
shall be first referred to such committee).
9. Presidential succession.
10. Purchase of books and manuscripts and erection of
monuments to the memory of individuals.
11. Senate Library and statuary, art, and pictures in
the Capitol and Senate Office Buildings.
12. Services to the Senate, including the Senate
restaurant.
13. United States Capitol and congressional office
buildings, the Library of Congress, the Smithsonian
Institution (and the incorporation of similar institutions),
and the Botanic Gardens.
(2) Such committee shall also--
(A) make a continuing study of the organization
and operation of the Congress of the United States
and shall recommend improvements in such
organization and operation with a view toward
strengthening the Congress, simplifying its
operations, improving its relationships with other
branches of the United States Government, and
enabling it better to meet its responsibilities
under the Constitution of the United States;
(B) identify any court proceeding or action
which, in the opinion of the Committee, is of vital
interest to the Congress as a constitutionally
established institution of the Federal Government
and call such proceeding or action to the attention
of the Senate; and
(C)\8\ develop, implement, and update as
necessary a strategy planning process and a
strategic plan for the functional and technical
infrastructure support of the Senate and provide
oversight over plans developed by Senate officers
and others in accordance with the strategic planning
process.
---------------------------------------------------------------------------
\8\As added, S. Res. 151, 105-1, Nov. 9, 1997.
---------------------------------------------------------------------------
25.1o (o)(1)\9\ Committee on Small Business, to which
committee shall be referred all proposed legislation,
messages, petitions, memorials, and other matters relating
to the Small Business Administration.
---------------------------------------------------------------------------
\9\As added, S. Res. 101, 97-1, Mar. 25, 1981.
---------------------------------------------------------------------------
(2) Any proposed legislation reported by such committee
which relates to matters other than the functions of the
Small Business Administration shall, at the request of the
chairman of any standing committee having jurisdiction over
the subject matter extraneous to the functions of the Small
Business Administration, be considered and reported by such
standing committee prior to its consideration by the Senate;
and likewise measures reported by other committees directly
relating to the Small Business Administration shall, at the
request of the chairman of the Committee on Small Business,
be referred to the Committee on Small Business for its
consideration of any portions of the measure dealing with
the Small Business Administration, and be reported by this
committee prior to its consideration by the Senate.
(3) Such committee shall also study and survey by means
of research and investigation all problems of American small
business enterprises, and report thereon from time to time.
25.1p (p)\10\ Committee on Veterans' Affairs, to which
committee shall be referred all proposed legislation,
messages, petitions, memorials, and other matters relating
to the following subjects:
---------------------------------------------------------------------------
\10\Redesignated as subparagraph (p) by S. Res. 101, 97-
1, Mar. 25, 1981.
---------------------------------------------------------------------------
1. Compensation of veterans.
2. Life insurance issued by the Government on account of
service in the Armed Forces.
3. National cemeteries.
4. Pensions of all wars of the United States, general
and special.
5. Readjustment of servicemen to civil life.
6. Soldiers' and sailors' civil relief.
7. Veterans' hospitals, medical care and treatment of
veterans.
8. Veterans' measures generally.
9. Vocational rehabilitation and education of veterans.
25.2 2.\11\ Except as otherwise provided by paragraph 4 of
this rule, each of the following standing committees shall
consist of the number of Senators set forth in the following
table on the line on which the name of that committee
appears:
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\11\As amended, S. Res. 13, 97-1, Jan. 5, 1981; S. Res.
365, 97-2, Apr. 20, 1982; S. Res. 380, 97-2, Apr. 27, 1982;
S. Res. 6, 98-1, Jan. 3, 1983; S. Res. 20, 98-1, Jan. 27,
1983; S. Res. 53, 98-1, Feb. 3, 1983; S. Res. 338, 98-2,
Feb. 9, 1984; S. Res. 74, 99-1, Feb. 21, 1985; S. Res. 14,
100-1, Jan. 6, 1987; S. Res. 211, 100-1, May 12, 1987; S.
Res. 43, 101-1, Feb. 2, 1989; S. Res. 43, 102-1, Feb. 5,
1991; S. Res. 135, 102-1, June 4, 1991; S. Res. 4, 103-1,
Jan. 7, 1993; S. Res. 130, 103-1, July 1, 1993; S. Res. 132,
103-1, July 15, 1993; S. Res. 14, 104-1, Jan. 5, 1995; S.
Res. 92, 104-1, Mar. 24, 1995; S. Res. 9, 105-1, Jan. 9,
1997; HELP/Judiciary reversed pursuant to S. Res. 299, 106-
2, Apr. 27, 2000.
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Committee:
Members
Agriculture, Nutrition, and Forestry.......... 18
Appropriations................................ 28
Armed Services................................ 18
Banking, Housing, and Urban Affairs........... 18
Commerce, Science, and Transportation......... 20
Energy and Natural Resources.................. 20
Environment and Public Works.................. 18
Finance....................................... 20
Foreign Relations............................. 18
Governmental Affairs.......................... 16
Health, Education, Labor, and Pensions........ 18
Judiciary..................................... 18
25.3a 3. (a)\12\ Except as otherwise provided by paragraph 4
of this rule, each of the following standing committees
shall consist of the number of Senators set forth in the
following table on the line on which the name of that
committee appears:
---------------------------------------------------------------------------
\12\As amended, S. Res. 13, 97-1, Jan. 5, 1981; S. Res.
101, 97-1, Mar. 25, 1981; S. Res. 6, 98-1, Jan 3, 1983; S.
Res. 88, 99-1, Mar. 5, 1985; S. Res. 14, 100-1, Jan. 6,
1987; S. Res. 211, 100-1, May 12, 1987; S. Res. 43, 101-1,
Feb. 2, 1989; S. Res. 85, 102-1, Mar. 19, 1991; S. Res. 135,
102-1, June 4, 1991; S. Res. 18, 103-1, Jan. 21, 1993; S.
Res. 130, 103-1, July 1, 1993; S. Res. 34, 104-1, Jan. 6,
1995; S. Res. 9, 105-1, Jan. 9, 1997.
---------------------------------------------------------------------------
Committee:
Members
Budget........................................ 22
Rules and Administration...................... 16
Veterans' Affairs............................. 12
Small Business................................ 18
25.3b (b)\13\ Each of the following committees and joint
committees shall consist of the number of Senators (or
Senate members, in the case of a joint committee) set forth
in the following table on the line on which the name of that
committee appears:
---------------------------------------------------------------------------
\13\As amended, S. Res. 13, 97-1, Jan. 5, 1981; S. Res.
24, 97-1, Jan. 19, 1981; S. Res. 101, 97-1, Mar. 25, 1981;
S. Res. 338, 98-2, Feb. 9, 1984; S. Res. 85, 102-1, Mar. 19,
1991; S. Res. 135, 102-1, June 4, 1991; S. Res. 18, 103-1,
Jan. 21, 1993; S. Res. 34, 104-1, Jan. 6, 1995; S. Res. 9,
105-1, Jan. 9, 1997.
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Committee:
Members
Aging......................................... 18
Intelligence.................................. 19
Joint Economic Committee...................... 10
25.3c (c)\14\ Each of the following committees and joint
committees shall consist of the number of Senators (or
Senate members, in the case of a joint committee) set forth
in the following table on the line on which the name of that
committee appears:
---------------------------------------------------------------------------
\14\As amended, S. Res. 448, 96-2, Dec. 11, 1980; S.
Res. 88, 99-1, Mar. 5, 1985; S. Res. 14, 100-1, Jan. 6,
1987; S. Res. 100, 101-1, Apr. 11, 1989; S. Res. 44, 102-1,
Feb. 5, 1991; S. Res. 18, 103-1, Jan. 21, 1993; S. Res. 34,
104-1, Jan. 6, 1995; S. Res. 92, 104-1, Mar. 24, 1995; S.
Res. 9, 105-1, Jan. 9, 1997.
---------------------------------------------------------------------------
Committee:
Members
Ethics........................................ 6
Indian Affairs................................ 14
Joint Committee on Taxation................... 5
25.4a 4. (a) Except as otherwise provided by this paragraph--
(1) each Senator shall serve on two and no more
committees listed in paragraph 2; and
(2) each Senator may serve on only one committee
listed in paragraph 3 (a) or (b).
25.4b (b) (1) Each Senator may serve on not more than three
subcommittees of each committee (other than the Committee on
Appropriations) listed in paragraph 2 of which he is a
member.
(2) Each Senator may serve on not more than two
subcommittees of a committee listed in paragraph 3 (a) or
(b) of which he is a member.
(3) Notwithstanding subparagraphs (1) and (2), a Senator
serving as chairman or ranking minority member of a
standing, select, or special committee of the Senate or
joint committee of the Congress may serve ex officio,
without vote, as a member of any subcommittee of such
committee or joint committee.
(4) No committee of the Senate may establish any sub-
unit of that committee other than a subcommittee, unless the
Senate by resolution has given permission therefor. For
purposes of this subparagraph, any subunit of a joint
committee shall be treated as a subcommittee.
25.4c (c) By agreement entered into by the majority leader and
the minority leader, the membership of one or more standing
committees may be increased temporarily from time to time by
such number or numbers as may be required to accord to the
majority party a majority of the membership of all standing
committees. When any such temporary increase is necessary to
accord to the majority party a majority of the membership of
all standing committees, members of the majority party in
such number as may be required for that purpose may serve as
members of three standing committees listed in paragraph 2.
No such temporary increase in the membership of any standing
committee under this subparagraph shall be continued in
effect after the need therefor has ended. No standing
committee may be increased in membership under this
subparagraph by more than two members in excess of the
number prescribed for that committee by paragraph 2 or 3(a).
25.4d (d) A Senator may serve as a member of any joint
committee of the Congress the Senate members of which are
required by law to be appointed from a standing committee of
the Senate of which he is a member, and service as a member
of any such joint committee shall not be taken into account
for purposes of subparagraph (a)(2).
25.4e (e) (1) No Senator shall serve at any time as chairman
of more than one standing, select, or special committee of
the Senate or joint committee of the Congress, except that a
Senator may serve as chairman of any joint committee of the
Congress having jurisdiction with respect to a subject
matter which is directly related to the jurisdiction of a
standing committee of which he is chairman.
(2) No Senator shall serve at any time as chairman of
more than one subcommittee of each standing, select, or
special committee of the Senate or joint committee of the
Congress of which he is a member.
(3) A Senator who is serving as the chairman of a
committee listed in paragraph 2 may serve at any time as the
chairman of only one subcommittee of all committees listed
in paragraph 2 of which he is a member and may serve at any
time as the chairman of only one subcommittee of each
committee listed in paragraph 3 (a) or (b) of which he is a
member. A Senator who is serving as the chairman of a
committee listed in paragraph 3 (a) or (b) may not serve as
the chairman of any subcommittee of that committee, and may
serve at any time as the chairman of only one subcommittee
of each committee listed in paragraph 2 of which he is a
member. Any other Senator may serve as the chairman of only
one subcommittee of each committee listed in paragraph 2,
3(a), or 3(b) of which he is a member.
25.4f (f) A Senator serving on the Committee on Rules and
Administration may not serve on any joint committee of the
Congress unless the Senate members thereof are required by
law to be appointed from the Committee on Rules and
Administration, or unless such Senator served on the
Committee on Rules and Administration and the Joint
Committee on Taxation on the last day of the Ninety-eighth
Congress.\15\
---------------------------------------------------------------------------
\15\ As amended, S. Res. 76, 99-1, Feb. 21, 1985.
---------------------------------------------------------------------------
25.4g (g) A Senator who on the day preceding the effective
date of title I of the Committee System Reorganization
Amendments of 1977 was serving as the chairman or ranking
minority member of the Committee on the District of Columbia
or the Committee on Post Office and Civil Service may serve
on the Committee on Governmental Affairs in addition to
serving on two other standing committees listed in paragraph
2. At the request of any such Senator, he shall be appointed
to serve on such committee but, while serving on such
committee and two other standing committees listed in
paragraph 2, he may not serve on any committee listed in
paragraph 3 (a) or (b) other than the Committee on Rules and
Administration. The preceding provisions of this
subparagraph shall apply with respect to any Senator only so
long as his service as a member of the Committee on
Governmental Affairs is continuous after the date on which
the appointment of the majority and minority members of the
Committee on Governmental Affairs is initially completed.
25.4h * * * * * * * \16\
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\16\ As amended, S. Res. 12, 97-1, Jan. 5, 1981;
Subpara. (h), omitted here, pertains to committee service of
Senators during the 103rd Congress. Provisions for the 104th
Congress were established by S. Res. 13 and 17, Jan. 4,
1995, and S. Res. 27 and 29, Jan. 5, 1995. In subsequent
Congresses, committee assignments made notwithstanding Rule
XXV.
26 RULE XXVI
COMMITTEE PROCEDURE
26.1 1.\17\ Each standing committee, including any
subcommittee of any such committee, is authorized to hold
such hearings, to sit and act at such times and places
during the sessions, recesses, and adjourned periods of the
Senate, to require by subpena or otherwise the attendance of
such witnesses and the production of such correspondence,
books, papers, and documents, to take such testimony and to
make such expenditures out of the contingent fund of the
Senate as may be authorized by resolutions of the Senate.
Each such committee may make investigations into any matter
within its jurisdiction, may report such hearings as may be
had by it, and may employ stenographic assistance at a cost
not exceeding the amount prescribed by the Committee on
Rules and Administration.\18\ The expenses of the committee
shall be paid from the contingent fund of the Senate upon
vouchers approved by the chairman.
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\17\As amended, S. Res. 281, 96-2, Mar. 11, 1980,
effective Feb. 28, 1981.
\18\Pursuant to 2 U.S.C. 68c (See Senate Manual
Sec. 273), the Committee on Rules and Administration issues
``Regulations Governing Rates Payable to Commercial
Reporting Firms for Reporting Committee Hearings in the
Senate.'' Copies of the regulations currently in effect may
be obtained from the Committee.
---------------------------------------------------------------------------
26.2 2.\19\ Each committee\20\ shall adopt rules (not
inconsistent with the Rules of the Senate) governing the
procedure of such committee. The rules of each committee
shall be published in the Congressional Record not later
than March 1 of the first year of each Congress, except that
if any such committee is established on or after February 1
of a year, the rules of that committee during the year of
establishment shall be published in the Congressional Record
not later than sixty days after such establishment. Any
amendment to the rules of a committee shall not take effect
until the amendment is published in the Congressional
Record.
---------------------------------------------------------------------------
\19\ As amended, S. Res. 250, 101-2, Mar. 1, 1990.
\20\The term ``each committee'' when used in these rules
includes standing, select, and special committees unless
otherwise specified.
---------------------------------------------------------------------------
26.3 3. Each standing committee (except the Committee on
Appropriations) shall fix regular weekly, biweekly, or
monthly meeting days for the transaction of business before
the committee and additional meetings may be called by the
chairman as he may deem necessary. If at least three members
of any such committee desire that a special meeting of the
committee be called by the chairman, those members may file
in the offices of the committee their written request to the
chairman for that special meeting. Immediately upon the
filing of the request, the clerk of the committee shall
notify the chairman of the filing of the request. If, within
three calendar days after the filing of the request, the
chairman does not call the requested special meeting, to be
held within seven calendar days after the filing of the
request, a majority of the members of the committee may file
in the offices of the committee their written notice that a
special meeting of the committee will be held, specifying
the date and hour of that special meeting. The committee
shall meet on that date and hour. Immediately upon the
filing of the notice, the clerk of the committee shall
notify all members of the committee that such special
meeting will be held and inform them of its date and hour.
If the chairman of any such committee is not present at any
regular, additional, or special meeting of the committee,
the ranking member of the majority party on the committee
who is present shall preside at that meeting.
26.4a 4. (a) Each committee (except the Committee on
Appropriations and the Committee on the Budget) shall make
public announcement of the date, place, and subject matter
of any hearing to be conducted by the committee on any
measure or matter at least one week before the commencement
of that hearing unless the committee determines that there
is good cause to begin such hearing at an earlier date.
26.4b (b) Each committee (except the Committee on
Appropriations) shall require each witness who is to appear
before the committee in any hearing to file with the clerk
of the committee, at least one day before the date of the
appearance of that witness, a written statement of his
proposed testimony unless the committee chairman and the
ranking minority member determine that there is good cause
for noncompliance. If so requested by any committee, the
staff of the committee shall prepare for the use of the
members of the committee before each day of hearing before
the committee a digest of the statements which have been so
filed by witnesses who are to appear before the committee on
that day.
26.4c (c) After the conclusion of each day of hearing, if so
requested by any committee, the staff shall prepare for the
use of the members of the committee a summary of the
testimony given before the committee on that day. After
approval by the chairman and the ranking minority member of
the committee, each such summary may be printed as a part of
the committee hearings if such hearings are ordered by the
committee to be printed.
26.4d (d) Whenever any hearing is conducted by a committee
(except the Committee on Appropriations) upon any measure or
matter, the minority on the committee shall be entitled,
upon request made by a majority of the minority members to
the chairman before the completion of such hearing, to call
witnesses selected by the minority to testify with respect
to the measure or matter during at least one day of hearing
thereon.
26.5a 5. (a) Notwithstanding any other provision of the rules,
when the Senate is in session, no committee of the Senate or
any subcommittee thereof may meet, without special leave,
after the conclusion of the first two hours after the
meeting of the Senate commenced and in no case after two
o'clock postmeridian unless consent therefor has been
obtained from the majority leader and the minority leader
(or in the event of the absence of either of such leaders,
from his designee). The prohibition contained in the
preceding sentence shall not apply to the Committee on
Appropriations or the Committee on the Budget. The majority
leader or his designee shall announce to the Senate whenever
consent has been given under this subparagraph and shall
state the time and place of such meeting. The right to make
such announcement of consent shall have the same priority as
the filing of a cloture motion.
26.5b (b) Each meeting of a committee, or any subcommittee
thereof, including meetings to conduct hearings, shall be
open to the public, except that a meeting or series of
meetings by a committee or a subcommittee thereof on the
same subject for a period of no more than fourteen calendar
days may be closed to the public on a motion made and
seconded to go into closed session to discuss only whether
the matters enumerated in clauses (1) through (6) would
require the meeting to be closed, followed immediately by a
record vote in open session by a majority of the members of
the committee or subcommittee when it is determined that the
matters to be discussed or the testimony to be taken at such
meeting or meetings--
(1) will disclose matters necessary to be kept
secret in the interests of national defense or the
confidential conduct of the foreign relations of the
United States;
(2) will relate solely to matters of committee
staff personnel or internal staff management or
procedure;
(3) will tend to charge an individual with crime
or misconduct, to disgrace or injure the
professional standing of an individual, or otherwise
to expose an individual to public contempt or
obloquy, or will represent a clearly unwarranted
invasion of the privacy of an individual;
(4) will disclose the identity of any informer
or law enforcement agent or will disclose any
information relating to the investigation or
prosecution of a criminal offense that is required
to be kept secret in the interests of effective law
enforcement;
(5) will disclose information relating to the
trade secrets of financial or commercial information
pertaining specifically to a given person if--
(A) an Act of Congress requires the
information to be kept confidential by
Government officers and employees; or
(B) the information has been obtained by
the Government on a confidential basis,
other than through an application by such
person for a specific Government financial
or other benefit, and is required to be kept
secret in order to prevent undue injury to
the competitive position of such person; or
(6) may divulge matters required to be kept
confidential under other provisions of law or
Government regulations.
26.5c (c) Whenever any hearing conducted by any such committee
or subcommittee is open to the public, that hearing may be
broadcast by radio or television, or both, under such rules
as the committee or subcommittee may adopt.
26.5d (d) Whenever disorder arises during a committee meeting
that is open to the public, or any demonstration of approval
or disapproval is indulged in by any person in attendance at
any such meeting, it shall be the duty of the Chair to
enforce order on his own initiative and without any point of
order being made by a Senator. When the Chair finds it
necessary to maintain order, he shall have the power to
clear the room, and the committee may act in closed session
for so long as there is doubt of the assurance of order.
26.5e (e) Each committee shall prepare and keep a complete
transcript or electronic recording adequate to fully record
the proceeding of each meeting or conference whether or not
such meeting or any part thereof is closed under this
paragraph, unless a majority of its members vote to forgo
such a record.
26.6 6. Morning meetings of committees and subcommittees
thereof shall be scheduled for one or both of the periods
prescribed in this paragraph. The first period shall end at
eleven o'clock antemeridian. The second period shall begin
at eleven o'clock antemeridian and end at two o'clock
postmeridian.
26.7a 7. (a) (1) Except as provided in this paragraph, each
committee, and each subcommittee thereof is authorized to
fix the number of its members (but not less than one-third
of its entire membership) who shall constitute a quorum
thereof for the transaction of such business as may be
considered by said committee, except that no measure or
matter or recommendation shall be reported from any
committee unless a majority of the committee were physically
present.
(2) Each such committee, or subcommittee, is authorized
to fix a lesser number than one-third of its entire
membership who shall constitute a quorum thereof for the
purpose of taking sworn testimony.
(3) The vote of any committee to report a measure or
matter shall require the concurrence of a majority of the
members of the committee who are present. No vote of any
member of any committee to report a measure or matter may be
cast by proxy if rules adopted by such committee forbid the
casting of votes for that purpose by proxy; however, proxies
may not be voted when the absent committee member has not
been informed of the matter on which he is being recorded
and has not affirmatively requested that he be so recorded.
Action by any committee in reporting any measure or matter
in accordance with the requirements of this subparagraph
shall constitute the ratification by the committee of all
action theretofore taken by the committee with respect to
that measure or matter, including votes taken upon the
measure or matter or any amendment thereto, and no point of
order shall lie with respect to that measure or matter on
the ground that such previous action with respect thereto by
such committee was not taken in compliance with such
requirements.
26.7b (b) Each committee (except the Committee on
Appropriations) shall keep a complete record of all
committee action. Such record shall include a record of the
votes on any question on which a record vote is demanded.
The results of rollcall votes taken in any meeting of any
committee upon any measure, or any amendment thereto, shall
be announced in the committee report on that measure unless
previously announced by the committee, and such announcement
shall include a tabulation of the votes cast in favor of and
the votes cast in opposition to each such measure and
amendment by each member of the committee who was present at
that meeting.
26.7c (c) Whenever any committee by rollcall vote reports any
measure or matter, the report of the committee upon such
measure or matter shall include a tabulation of the votes
cast by each member of the committee in favor of and in
opposition to such measure or matter. Nothing contained in
this subparagraph shall abrogate the power of any committee
to adopt rules--
(1) providing for proxy voting on all matters
other than the reporting of a measure or matter, or
(2) providing in accordance with subparagraph
(a) for a lesser number as a quorum for any action
other than the reporting of a measure or matter.
26.8a 8. (a) In order to assist the Senate in--
(1) its analysis, appraisal, and evaluation of
the application, administration, and execution of
the laws enacted by the Congress, and
(2) its formulation, consideration, and
enactment of such modifications of or changes in
those laws, and of such additional legislation, as
may be necessary or appropriate,
each standing committee (except the Committees on
Appropriations and the Budget), shall review and study, on a
continuing basis the application, administration, and
execution of those laws, or parts of laws, the subject
matter of which is within the legislative jurisdiction of
that committee. Such committees may carry out the required
analysis, appraisal, and evaluation themselves, or by
contract, or may require a Government agency to do so and
furnish a report thereon to the Senate. Such committees may
rely on such techniques as pilot testing, analysis of costs
in comparison with benefits, or provision for evaluation
after a defined period of time.
26.8b (b) In each odd-numbered year, each such committee shall
submit, not later than March 31, to the Senate, a report on
the activities of that committee under this paragraph during
the Congress ending at noon on January 3 of such year.
26.9a 9.\21\ (a) Except as provided in subparagraph (b), each
committee shall report one authorization resolution each
year authorizing the committee to make expenditures out of
the contingent fund of the Senate to defray its expenses,
including the compensation of members of its staff and
agency contributions related to such compensation, during
the period beginning on March 1 of such year and ending on
the last day of February of the following year. Such annual
authorization resolution shall be reported not later than
January 31 of each year, except that, whenever the
designation of members of standing committees of the Senate
occurs during the first session of a Congress at a date
later than January 20, such resolution may be reported at
any time within thirty days after the date on which the
designation of such members is completed. After the annual
authorization resolution of a committee for a year has been
agreed to, such committee may procure authorization to make
additional expenditures out of the contingent fund of the
Senate during that year only by reporting a supplemental
authorization resolution. Each supplemental authorization
resolution reported by a committee shall amend the annual
authorization resolution of such committee for that year and
shall be accompanied by a report specifying with
particularity the purpose for which such authorization is
sought and the reason why such authorization could not have
been sought at the time of the submission by such committee
of its annual authorization resolution for that year.
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\21\As amended, S. Res. 281, 96-2, Mar. 11, 1980,
effective Jan. 1, 1981; S. Res. 479, 100-2, Sept. 30, 1988.
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26.9b (b) In lieu of the procedure provided in subparagraph
(a), the Committee on Rules and Administration may--
(1) direct each committee to report an
authorization resolution for a two year budget
period beginning on March 1 of the first session of
a Congress; and
(2) report one authorization resolution
containing more than one committee authorization for
a one year or two year budget period.
26.10a 10. (a) All committee hearings, records, data, charts,
and files shall be kept separate and distinct from the
congressional office records of the Member serving as
chairman of the committee; and such records shall be the
property of the Senate and all members of the committee and
the Senate shall have access to such records. Each committee
is authorized to have printed and bound such testimony and
other data presented at hearings held by the committee.
26.10b (b) It shall be the duty of the chairman of each
committee to report or cause to be reported promptly to the
Senate any measure approved by his committee and to take or
cause to be taken necessary steps to bring the matter to a
vote. In any event, the report of any committee upon a
measure which has been approved by the committee shall be
filed within seven calendar days (exclusive of days on which
the Senate is not in session) after the day on which there
has been filed with the clerk of the committee a written and
signed request of a majority of the committee for the
reporting of that measure. Upon the filing of any such
request, the clerk of the committee shall transmit
immediately to the chairman of the committee notice of the
filing of that request. This subparagraph does not apply to
the Committee on Appropriations.
26.10c (c) If at the time of approval of a measure or matter by
any committee (except for the Committee on Appropriations),
any member of the committee gives notice of intention to
file supplemental, minority, or additional views, that
member shall be entitled to not less than three calendar
days in which to file such views, in writing, with the clerk
of the committee. All such views so filed by one or more
members of the committee shall be included within, and shall
be a part of, the report filed by the committee with respect
to that measure or matter. The report of the committee upon
that measure or matter shall be printed in a single volume
which--
(1) shall include all supplemental, minority, or
additional views which have been submitted by the
time of the filing of the report, and
(2) shall bear upon its cover a recital that
supplemental, minority, or additional views are
included as part of the report.
This subparagraph does not preclude--
(A) the immediate filing and printing of a
committee report unless timely request for the
opportunity to file supplemental, minority, or
additional views has been made as provided by this
subparagraph; or
(B) the filing by any such committee of any
supplemental report upon any measure or matter which
may be required for the correction of any technical
error in a previous report made by that committee
upon that measure or matter.
26.11a 11. (a) The report accompanying each bill or joint
resolution of a public character reported by any committee
(except the Committee on Appropriations and the Committee on
the Budget) shall contain--
(1) an estimate, made by such committee, of the
costs which would be incurred in carrying out such
bill or joint resolution in the fiscal year in which
it is reported and in each of the five fiscal years
following such fiscal year (or for the authorized
duration of any program authorized by such bill or
joint resolution, if less than five years), except
that, in the case of measures affecting the
revenues, such reports shall require only an
estimate of the gain or loss in revenues for a one-
year period; and
(2) a comparison of the estimate of costs
described in subparagraph (1) made by such committee
with any estimate of costs made by any Federal
agency; or
(3) in lieu of such estimate or comparison, or
both, a statement of the reasons why compliance by
the committee with the requirements of subparagraph
(1) or (2), or both, is impracticable.
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Note.--Each report accompanying any bill or joint
resolution relating to terms and conditions of employment or
access to public services or accommodations reported by a
committee of the House of Representatives or the Senate
shall describe the manner in which the provisions of the
bill or joint resolution apply to the legislative branch; or
in the case of a provision not applicable to the legislative
branch, include a statement of the reasons the provision
does not apply.
(Pub. L. 104-1, title I, Sec. 102, Jan. 23, 1995, 109 Stat.
5.) See Senate Manual Sec. 399.70-2.
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26.11b (b) Each such report (except those by the Committee on
Appropriations) shall also contain--
(1) an evaluation, made by such committee, of
the regulatory impact which would be incurred in
carrying out the bill or joint resolution. The
evaluation shall include (A) an estimate of the
numbers of individuals and businesses who would be
regulated and a determination of the groups and
classes of such individuals and businesses, (B) a
determination of the economic impact of such
regulation on the individuals, consumers, and
businesses affected, (C) a determination of the
impact on the personal privacy of the individuals
affected, and (D) a determination of the amount of
additional paperwork that will result from the
regulations to be promulgated pursuant to the bill
or joint resolution, which determination may
include, but need not be limited to, estimates of
the amount of time and financial costs required of
affected parties, showing whether the effects of the
bill or joint resolution could be substantial, as
well as reasonable estimates of the recordkeeping
requirements that may be associated with the bill or
joint resolution; or
(2) in lieu of such evaluation, a statement of
the reasons why compliance by the committee with the
requirements of clause (1) is impracticable.
26.11c (c) It shall not be in order for the Senate to consider
any such bill or joint resolution if the report of the
committee on such bill or joint resolution does not comply
with the provisions of subparagraphs (a) and (b) on the
objection of any Senator.
26.12 12. Whenever a committee reports a bill or a joint
resolution repealing or amending any statute or part thereof
it shall make a report thereon and shall include in such
report or in an accompanying document (to be prepared by the
staff of such committee) (a) the text of the statute or part
thereof which is proposed to be repealed; and (b) a
comparative print of that part of the bill or joint
resolution making the amendment and of the statute or part
thereof proposed to be amended, showing by stricken-through
type and italics, parallel columns, or other appropriate
typographical devices the omissions and insertions which
would be made by the bill or joint resolution if enacted in
the form recommended by the committee. This paragraph shall
not apply to any such report in which it is stated that, in
the opinion of the committee, it is necessary to dispense
with the requirements of this subsection to expedite the
business of the Senate.
26.13a 13. (a) Each committee (except the Committee on
Appropriations) which has legislative jurisdiction shall, in
its consideration of all bills and joint resolutions of a
public character within its jurisdiction, endeavor to insure
that--
(1) all continuing programs of the Federal
Government and of the government of the District of
Columbia, within the jurisdiction of such committee
or joint committee, are designed; and
(2) all continuing activities of Federal
agencies, within the jurisdiction of such committee
or joint committee, are carried on;
so that, to the extent consistent with the nature,
requirements, and objectives of those programs and
activities, appropriations therefor will be made annually.
26.13b (b) Each committee (except the Committee on
Appropriations) shall with respect to any continuing program
within its jurisdiction for which appropriations are not
made annually, review such program, from time to time, in
order to ascertain whether such program could be modified so
that appropriations therefor would be made annually.
27 RULE XXVII
COMMITTEE STAFF
27.1 1.\22\ Staff members appointed to assist minority
members of committees pursuant to authority of a resolution
described in paragraph 9 of rule XXVI or other Senate
resolution shall be accorded equitable treatment with
respect to the fixing of salary rates, the assignment of
facilities, and the accessibility of committee records.
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\22\As amended, S. Res. 281, 96-2, Mar. 11, 1980,
effective Feb. 28, 1981.
Note.--Pursuant to S. Res. 281, paragraph 1 of rule
XXVII was repealed. Accordingly, subparagraphs (a), (b),
(c), and (d) of paragraph 2 were renumbered as paragraphs 1,
2, 3, and 4, respectively.
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27.2 2. The minority shall receive fair consideration in the
appointment of staff personnel pursuant to authority of a
resolution described in paragraph 9 of rule XXVI.
27.3 3. The staffs of committees (including personnel
appointed pursuant to authority of a resolution described in
paragraph 9 of rule XXVI or other Senate resolution) should
reflect the relative number of majority and minority members
of committees. A majority of the minority members of any
committee may, by resolution, request that at least one-
third of all funds of the committee for personnel (other
than those funds determined by the chairman and ranking
minority member to be allocated for the administrative and
clerical functions of the committee as a whole) be allocated
to the minority members of such committee for compensation
of minority staff as the minority members may decide. The
committee shall thereafter adjust its budget to comply with
such resolution. Such adjustment shall be equitably made
over a four-year period, commencing July 1, 1977, with not
less than one-half being made in two years. Upon request by
a majority of the minority members of any committee by
resolution, proportionate space, equipment, and facilities
shall be provided for such minority staff.
27.4 4. No committee shall appoint to its staff any experts
or other personnel detailed or assigned from any department
or agency of the Government, except with the written
permission of the Committee on Rules and Administration.
RULE XXVIII
28 CONFERENCE COMMITTEES; REPORTS; OPEN MEETINGS
28.1 1.\23\ The presentation of reports of committees of
conference shall always be in order when available on each
Senator's desk except when the Journal is being read or a
question of order or a motion to adjourn is pending, or
while the Senate is voting or ascertaining the presence of a
quorum; and when received the question of proceeding to the
consideration of the report, if raised, shall be immediately
put, and shall be determined without debate.
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\23\ As amended by S. Res. 28, 99-2, Feb. 27, 1986.
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28.2 2. Conferees shall not insert in their report matter not
committed to them by either House, nor shall they strike
from the bill matter agreed to by both Houses. If new matter
is inserted in the report, or if matter which was agreed to
by both Houses is stricken from the bill, a point of order
may be made against the report, and if the point of order is
sustained, the report is rejected or shall be recommitted to
the committee of conference if the House of Representatives
has not already acted thereon.
28.3 3. (a) In any case in which a disagreement to an
amendment in the nature of a substitute has been referred to
conferees, it shall be in order for the conferees to report
a substitute on the same subject matter; but they may not
include in the report matter not committed to them by either
House. They may, however, include in their report in any
such case matter which is a germane modification of subjects
in disagreement.
(b) In any case in which the conferees violate
subparagraph (a), the conference report shall be subject to
a point of order.
28.4 4. Each report made by a committee of conference to the
Senate shall be printed as a report of the Senate. As so
printed, such report shall be accompanied by an explanatory
statement prepared jointly by the conferees on the part of
the House and the conferees on the part of the Senate. Such
statement shall be sufficiently detailed and explicit to
inform the Senate as to the effect which the amendments or
propositions contained in such report will have upon the
measure to which those amendments or propositions relate.
28.5 5. If time for debate in the consideration of any report
of a committee of conference upon the floor of the Senate is
limited, the time allotted for debate shall be equally
divided between the majority party and the minority party.
28.6 6. Each conference committee between the Senate and the
House of Representatives shall be open to the public except
when managers of either the Senate or the House of
Representatives in open session determine by a rollcall vote
of a majority of those managers persent, that all or part of
the remainder of the meeting on the day of the vote shall be
closed to the public.
29 RULE XXIX
EXECUTIVE SESSIONS
29.1 1. When the President of the United States shall meet
the Senate in the Senate Chamber for the consideration of
Executive business, he shall have a seat on the right of the
Presiding Officer. When the Senate shall be convened by the
President of the United States to any other place, the
Presiding Officer of the Senate and the Senators shall
attend at the place appointed, with the necessary officers
of the Senate.
29.2 2. When acting upon confidential or Executive business,
unless the same shall be considered in open Executive
session, the Senate Chamber shall be cleared of all persons
except the Secretary, the Assistant Secretary, the Principal
Legislative Clerk, the Parliamentarian, the Executive Clerk,
the Minute and Journal Clerk, the Sergeant at Arms, the
Secretaries to the Majority and the Minority, and such other
officers as the Presiding Officer shall think necessary; and
all such officers shall be sworn to secrecy.
29.3 3. All confidential communications made by the President
of the United States to the Senate shall be by the Senators
and the officers of the Senate kept secret; and all treaties
which may be laid before the Senate, and all remarks, votes,
and proceedings thereon shall also be kept secret, until the
Senate shall, by their resolution, take off the injunction
of secrecy.
29.4 4. Whenever the injunction of secrecy shall be removed
from any part of the proceedings of the Senate in closed
Executive or legislative session, the order of the Senate
removing the same shall be entered in the Legislative
Journal as well as in the Executive Journal, and shall be
published in the Congressional Record under the direction of
the Secretary of the Senate.
29.5 5.\24\ Any Senator, officer or employee of the Senate
who shall disclose the secret or confidential business or
proceedings of the Senate, including the business and
proceedings of the committees, subcommittees and offices of
the Senate shall be liable, if a Senator, to suffer
expulsion from the body; and if an officer or employee, to
dismissal from the service of the Senate, and to punishment
for contempt.
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\24\ As amended by S. Res. 363, 102-2, Oct. 8, 1992.
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29.6 6. Whenever, by the request of the Senate or any
committee thereof, any documents or papers shall be
communicated to the Senate by the President or the head of
any department relating to any matter pending in the Senate,
the proceedings in regard to which are secret or
confidential under the rules, said documents and papers
shall be considered as confidential, and shall not be
disclosed without leave of the Senate.
30 RULE XXX
EXECUTIVE SESSION--PROCEEDINGS ON TREATIES
30.1a 1. (a) When a treaty shall be laid before the Senate for
ratification, it shall be read a first time; and no motion
in respect to it shall be in order, except to refer it to a
committee, to print it in confidence for the use of the
Senate, or to remove the injunction of secrecy.
30.1b (b)\25\ When a treaty is reported from a committee with
or without amendment, it shall, unless the Senate
unanimously otherwise directs, lie over one day for
consideration; after which it may be read a second time,
after which amendments may be proposed. At any stage of such
proceedings the Senate may remove the injunction of secrecy
from the treaty.
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\25\ As amended by S. Res. 28, 99-2, Feb. 27, 1986.
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30.1c (c) The decisions thus made shall be reduced to the form
of a resolution of ratification, with or without amendments,
as the case may be, which shall be proposed on a subsequent
day, unless, by unanimous consent, the Senate determine
otherwise, at which stage no amendment to the treaty shall
be received unless by unanimous consent; but the resolution
of ratification when pending shall be open to amendment in
the form of reservations, declarations, statements, or
understandings.
30.1d (d) On the final question to advise and consent to the
ratification in the form agreed to, the concurrence of two-
thirds of the Senators present shall be necessary to
determine it in the affirmative; but all other motions and
questions upon a treaty shall be decided by a majority vote,
except a motion to postpone indefinitely, which shall be
decided by a vote of two-thirds.
30.2 2. Treaties transmitted by the President to the Senate
for ratification shall be resumed at the second or any
subsequent session of the same Congress at the stage in
which they were left at the final adjournment of the session
at which they were transmitted; but all proceedings on
treaties shall terminate with the Congress, and they shall
be resumed at the commencement of the next Congress as if no
proceedings had previously been had thereon.
31 RULE XXXI
EXECUTIVE SESSION--PROCEEDINGS ON NOMINATIONS
31.1 1. When nominations shall be made by the President of
the United States to the Senate, they shall, unless
otherwise ordered, be referred to appropriate committees;
and the final question on every nomination shall be, ``Will
the Senate advise and consent to this nomination?'' which
question shall not be put on the same day on which the
nomination is received, nor on the day on which it may be
reported by a committee, unless by unanimous consent.
31.2 2. All business in the Senate shall be transacted in
open session, unless the Senate as provided in rule XXI by a
majority vote shall determine that a particular nomination,
treaty, or other matter shall be considered in closed
executive session, in which case all subsequent proceedings
with respect to said nomination, treaty, or other matter
shall be kept secret: Provided, That the injunction of
secrecy as to the whole or any part of proceedings in closed
executive session may be removed on motion adopted by a
majority vote of the Senate in closed executive session:
Provided further, That any Senator may make public his vote
in closed executive session.
31.3 3. When a nomination is confirmed or rejected, any
Senator voting in the majority may move for a
reconsideration on the same day on which the vote was taken,
or on either of the next two days of actual executive
session of the Senate; but if a notification of the
confirmation or rejection of a nomination shall have been
sent to the President before the expiration of the time
within which a motion to reconsider may be made, the motion
to reconsider shall be accompanied by a motion to request
the President to return such notification to the Senate. Any
motion to reconsider the vote on a nomination may be laid on
the table without prejudice to the nomination, and shall be
a final disposition of such motion.
31.4 4. Nominations confirmed or rejected by the Senate shall
not be returned by the Secretary to the President until the
expiration of the time limited for making a motion to
reconsider the same, or while a motion to reconsider is
pending unless otherwise ordered by the Senate.
31.5 5. When the Senate shall adjourn or take a recess for
more than thirty days, all motions to reconsider a vote upon
a nomination which has been confirmed or rejected by the
Senate, which shall be pending at the time of taking such
adjournment or recess, shall fall; and the Secretary shall
return all such nominations to the President as confirmed or
rejected by the Senate, as the case may be.
31.6 6. Nominations neither confirmed nor rejected during the
session at which they are made shall not be acted upon at
any succeeding session without being again made to the
Senate by the President; and if the Senate shall adjourn or
take a recess for more than thirty days, all nominations
pending and not finally acted upon at the time of taking
such adjournment or recess shall be returned by the
Secretary to the President, and shall not again be
considered unless they shall again be made to the Senate by
the President.
31.7a 7. (a) The Official Reporters shall be furnished with a
list of nominations to office after the proceedings of the
day on which they are received, and a like list of all
confirmations and rejections.
31.7b (b) All nominations to office shall be prepared for the
printer by the Official Reporter, and printed in the
Congressional Record, after the proceedings of the day in
which they are received, also nominations recalled, and
confirmed.
31.7c (c) The Secretary shall furnish to the press, and to the
public upon request, the names of nominees confirmed or
rejected on the day on which a final vote shall be had,
except when otherwise ordered by the Senate.
32 RULE XXXII
THE PRESIDENT FURNISHED WITH COPIES OF RECORDS OF EXECUTIVE
SESSIONS
The President of the United States shall, from time to
time, be furnished with an authenticated transcript of the
public executive records of the Senate, but no further
extract from the Executive Journal shall be furnished by the
Secretary, except by special order of the Senate; and no
paper, except original treaties transmitted to the Senate by
the President of the United States, and finally acted upon
by the Senate, shall be delivered from the office of the
Secretary without an order of the Senate for that purpose.
33 RULE XXXIII
SENATE CHAMBER--SENATE WING OF THE CAPITOL
33.1 1. The Senate Chamber shall not be granted for any other
purpose than for the use of the Senate; no smoking shall be
permitted at any time on the floor of the Senate, or lighted
cigars, cigarettes, or pipes be brought into the Chamber.
33.2 2. It shall be the duty of the Committee on Rules and
Administration to make all rules and regulations respecting
such parts of the Capitol, its passages and galleries,
including the restaurant and the Senate Office Buildings, as
are or may be set apart for the use of the Senate and its
officers, to be enforced under the direction of the
Presiding Officer. The Committee shall make such regulations
respecting the reporters' galleries of the Senate, together
with the adjoining rooms and facilities, as will confine
their occupancy and use to bona fide reporters of newspapers
and periodicals, and of news or press associations for daily
news dissemination through radio, television, wires, and
cables, and similar media of transmission. These regulations
shall so provide for the use of such space and facilities as
fairly to distribute their use to all such media of news
dissemination.
34 RULE XXXIV
34.1 PUBLIC FINANCIAL DISCLOSURE
1. For purposes of this rule, the provisions of title I
of the Ethics in Government Act of 1978 shall be deemed to
be a rule of the Senate as it pertains to Members, officers,
and employees of the Senate.
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Note.--Financial disclosure requirements contained in
the Ethics in Government Act as amended are codified at 5
U.S.C. App. 6. See Senate Manual Sec. 439.
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34.2 2. (a) \26\ The Select Committee on Ethics shall
transmit a copy of each report filed with it under title I
of the Ethics in Government Act of 1978 (other than a report
filed by a Member of Congress) to the head of the employing
office of the individual filing the report.
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\26\ Paragraph 2 added pursuant to S. Res. 236, 101-2,
Jan. 30, 1990.
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(b) For purposes of this rule, the head of the employing
office shall be--
(1) in the case of an employee of a Member, the
Member by whom that person is employed;
(2) in the case of an employee of a Committee,
the chairman and ranking minority member of such
Committee;
(3) in the case of an employee on the leadership
staff, the Member of the leadership on whose staff
such person serves; and
(4) in the case of any other employee of the
legislative branch, the head of the office in which
such individual serves.
34.3 3.\27\ In addition to the requirements of paragraph 1,
Members, officers, and employees of the Senate shall include
in each report filed under paragraph 1 \28\ the following
additional information:
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\27\ Paragraphs 3 and 4 added pursuant to S. Res. 158,
104-1, July 28, 1995, effective Jan. 1, 1996, as amended by
S. Res. 198, 104-1, Dec. 7, 1995.
\28\ Renumbered pursuant to S. Res. 198, 104-1, Dec. 7,
1995.
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(a) For purposes of section 102(a)(1)(B) of the
Ethics in Government Act of 1978 additional
categories of income as follows:
(1) greater than $1,000,000 but not more
than $5,000,000, or
(2) greater than $5,000,000.
(b) For purposes of section 102(d)(1) of the
Ethics in Government Act of 1978 additional
categories of value \29\ as follows:
---------------------------------------------------------------------------
\29\ The word ``value'' replaced the word ``income''
pursuant to S. Res. 198, 104-1, Dec. 7, 1995.
---------------------------------------------------------------------------
(1) greater than $1,000,000 but not more
than $5,000,000;
(2) greater than $5,000,000 but not more
than $25,000,000;
(3) greater than $25,000,000 but not
more than $50,000,000; and
(4) greater than $50,000,000.
(c) For purposes of this paragraph and section
102 of the Ethics in Government Act of 1978,
additional categories with amounts or values greater
than $1,000,000 set forth in section 102(a)(1)(B)
and 102(d)(1) shall apply to the income, assets, or
liabilities of spouses and dependent children only
if the income, assets, or liabilities are held
jointly with the reporting individual. All other
income, assets, or liabilities of the spouse or
dependent children required to be reported under
section 102 and this paragraph in an amount of value
greater than $1,000,000 shall be categorized only as
an amount or value greater than $1,000,000.
34.4 4.\30\ In addition to the requirements of paragraph 1,
Members, officers, and employees of the Senate shall include
in each report filed under paragraph 1 \31\ an additional
statement under section 102(a) of the Ethics in Government
Act of 1978 listing the category of the total cash value of
any interest of the reporting individual in a qualified
blind trust as provided in section 102(d)(1) of the Ethics
in Government Act of 1978, unless the trust instrument was
executed prior to July 24, 1995 and precludes the
beneficiary from receiving information on the total cash
value of any interest in the qualified blind trust.
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\30\ Effective with respect to reports filed under title
I of the Ethics in Government Act of 1978 for calendar year
1996 and thereafter.
\31\ Renumbered pursuant to S. Res. 198, 104-1, Dec. 7,
1995.
35 RULE XXXV
GIFTS \32\
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\32\ Amended pursuant to S. Res. 158, 104-1, July 28,
1995, effective Jan. 1, 1996. See also 2 U.S.C. 31-2, Senate
Manual Sec. 220.1.
---------------------------------------------------------------------------
35.1a 1. (a)(1) No Member, officer, or employee of the Senate
shall knowingly accept a gift except as provided in this
rule.
(2) A Member, officer, or employee may accept a gift
(other than cash or cash equivalent) which the Member,
officer, or employee reasonably and in good faith believes
to have a value of less than $50, and a cumulative value
from one source during a calendar year of less than $100. No
gift with a value below $10 shall count toward the $100
annual limit. No formal recordkeeping is required by this
paragraph, but a Member, officer, or employee shall make a
good faith effort to comply with this paragraph.
35.1b (b)(1) For the purpose of this rule, the term ``gift''
means any gratuity, favor, discount, entertainment,
hospitality, loan, forbearance, or other item having
monetary value. The term includes gifts of services,
training, transportation, lodging, and meals, whether
provided in kind, by purchase of a ticket, payment in
advance, or reimbursement after the expense has been
incurred.
(2)(A) A gift to a family member of a Member, officer,
or employee, or a gift to any other individual based on that
individual's relationship with the Member, officer, or
employee, shall be considered a gift to the Member, officer,
or employee if it is given with the knowledge and
acquiescence of the Member, officer, or employee and the
Member, officer, or employee has reason to believe the gift
was given because of the official position of the Member,
officer, or employee.
(B) If food or refreshment is provided at the same time
and place to both a Member, officer, or employee and the
spouse or dependent thereof, only the food or refreshment
provided to the Member, officer, or employee shall be
treated as a gift for purposes of this rule.
35.1c (c) The restrictions in subparagraph (a) shall not apply
to the following:
(1) Anything for which the Member, officer, or
employee pays the market value, or does not use and
promptly returns to the donor.
(2) A contribution, as defined in the Federal
Election Campaign Act of 1971 (2 U.S.C. 431 et seq.)
that is lawfully made under that Act, or attendance
at a fundraising event sponsored by a political
organization described in section 527(e) of the
Internal Revenue Code of 1986.
(3) A gift from a relative as described in
section 109(16) of title I of the Ethics Reform Act
of 1989 (5 U.S.C. App. 6).\33\
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\33\ As amended, S. Res. 198, 104-1, Dec. 7, 1995. See
Senate Manual Sec. 439.9 for definitions.
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(4)(A) Anything, including personal
hospitality,\34\ provided by an individual on the
basis of a personal friendship unless the Member,
officer, or employee has reason to believe that,
under the circumstances, the gift was provided
because of the official position of the Member,
officer, or employee and not because of the personal
friendship.
---------------------------------------------------------------------------
\34\ ``including personal hospitality'' inserted
pursuant to S. Res. 198, 104-1, Dec. 7, 1995.
---------------------------------------------------------------------------
(B) In determining whether a gift is provided on
the basis of personal friendship, the Member,
officer, or employee shall consider the
circumstances under which the gift was offered, such
as:
(i) The history of the relationship
between the individual giving the gift and
the recipient of the gift, including any
previous exchange of gifts between such
individuals.
(ii) Whether to the actual knowledge of
the Member, officer, or employee the
individual who gave the gift personally paid
for the gift or sought a tax deduction or
business reimbursement for the gift.
(iii) Whether to the actual knowledge of
the Member, officer, or employee the
individual who gave the gift also at the
same time gave the same or similar gifts to
other Members, officers, or employees.
(5) A contribution or other payment to a legal
expense fund established for the benefit of a
Member, officer, or employee, that is otherwise
lawfully made, subject to the disclosure
requirements of the Select Committee on Ethics,
except as provided in paragraph 3(c).
(6) Any gift from another Member, officer, or
employee of the Senate or the House of
Representatives.
(7) Food, refreshments, lodging, and other
benefits--
(A) resulting from the outside business
or employment activities (or other outside
activities that are not connected to the
duties of the Member, officer, or employee
as an officeholder) of the Member, officer
or employee, or the spouse of the Member,
officer, or employee, if such benefits have
not been offered or enhanced because of the
official position of the Member, officer, or
employee and are customarily provided to
others in similar circumstances;
(B) customarily provided by a
prospective employer in connection with bona
fide employment discussions; or
(C) provided by a political organization
described in section 527(e) of the Internal
Revenue Code of 1986 in connection with a
fundraising or campaign event sponsored by
such an organization.
(8) Pension and other benefits resulting from
continued participation in an employee welfare and
benefits plan maintained by a former employer.
(9) Informational materials that are sent to the
office of the Member, officer, or employee in the
form of books, articles, periodicals, other written
materials, audiotapes, videotapes, or other forms of
communication.
(10) Awards or prizes which are given to
competitors in contests or events open to the
public, including random drawings.
(11) Honorary degrees (and associated travel,
food, refreshments, and entertainment) and other
bona fide, nonmonetary awards presented in
recognition of public service (and associated food,
refreshments, and entertainment provided in the
presentation of such degrees and awards).
(12) Donations of products from the State that
the Member represents that are intended primarily
for promotional purposes, such as display or free
distribution, and are of minimal value to any
individual recipient.
(13) Training (including food and refreshments
furnished to all attendees as an integral part of
the training) provided to a Member, officer, or
employee, if such training is in the interest of the
Senate.
(14) Bequests, inheritances, and other transfers
at death.
(15) Any item, the receipt of which is
authorized by the Foreign Gifts and Decorations Act,
the Mutual Educational and Cultural Exchange Act, or
any other statute.
(16) Anything which is paid for by the Federal
Government, by a State or local government, or
secured by the Government under a Government
contract.
(17) A gift of personal hospitality (as defined
in section 109(14) of the Ethics in Government Act)
\35\ of an individual other than a registered
lobbyist or agent of a foreign principal.
---------------------------------------------------------------------------
\35\ See Senate Manual Sec. 439.9 for definitions.
---------------------------------------------------------------------------
(18) Free attendance at a widely attended event
permitted pursuant to subparagraph (d).
(19) Opportunities and benefits which are--
(A) available to the public or to a
class consisting of all Federal employees,
whether or not restricted on the basis of
geographic consideration;
(B) offered to members of a group or
class in which membership is unrelated to
congressional employment;
(C) offered to members of an
organization, such as an employees'
association or congressional credit union,
in which membership is related to
congressional employment and similar
opportunities are available to large
segments of the public through organizations
of similar size;
(D) offered to any group or class that
is not defined in a manner that specifically
discriminates among Government employees on
the basis of branch of Government or type of
responsibility, or on a basis that favors
those of higher rank or rate of pay;
(E) in the form of loans from banks and
other financial institutions on terms
generally available to the public; or
(F) in the form of reduced membership or
other fees for participation in organization
activities offered to all Government
employees by professional organizations if
the only restrictions on membership relate
to professional qualifications.
(20) A plaque, trophy, or other item that is
substantially commemorative in nature and which is
intended solely for presentation.
(21) Anything for which, in an unusual case, a
waiver is granted by the Select Committee on Ethics.
(22) Food or refreshments of a nominal value
offered other than as a part of a meal.
(23) An item of little intrinsic value such as a
greeting card, baseball cap, or a T-shirt.
35.1d (d)(1) A Member, officer, or employee may accept an
offer of free attendance at a widely attended convention,
conference, symposium, forum, panel discussion, dinner,
viewing, reception, or similar event, provided by the
sponsor of the event, if--
(A) the Member, officer, or employee
participates in the event as a speaker or a panel
participant, by presenting information related to
Congress or matters before Congress, or by
performing a ceremonial function appropriate to the
Member's, officer's, or employee's official
position; or
(B) attendance at the event is appropriate to
the performance of the official duties or
representative function of the Member, officer, or
employee.
(2) A Member, officer, or employee who attends an event
described in clause (1) may accept a sponsor's unsolicited
offer of free attendance at the event for an accompanying
individual if others in attendance will generally be
similarly accompanied or if such attendance is appropriate
to assist in the representation of the Senate.
(3) A Member, officer, or employee, or the spouse or
dependent thereof, may accept a sponsor's unsolicited offer
of free attendance at a charity event, except that
reimbursement for transportation and lodging may not be
accepted in connection with an event that does not meet the
standards provided in paragraph 2.
(4) For purposes of this paragraph, the term ``free
attendance'' may include waiver of all or part of a
conference or other fee, the provision of local
transportation, or the provision of food, refreshments,
entertainment, and instructional materials furnished to all
attendees as an integral part of the event. The term does
not include entertainment collateral to the event, nor does
it include food or refreshments taken other than in a group
setting with all or substantially all other attendees.
35.1e (e) No Member, officer, or employee may accept a gift
the value of which exceeds $250 on the basis of the personal
friendship exception in subparagraph (c)(4) unless the
Select Committee on Ethics issues a written determination
that such exception applies. No determination under this
subparagraph is required for gifts given on the basis of the
family relationship exception.
35.1f (f) When it is not practicable to return a tangible item
because it is perishable, the item may, at the discretion of
the recipient, be given to an appropriate charity or
destroyed.
35.2a 2. (a)(1) A reimbursement (including payment in kind) to
a Member, officer, or employee from an individual other than
a registered lobbyist or agent of a foreign principal for
necessary transportation, lodging and related expenses for
travel to a meeting, speaking engagement, factfinding trip
or similar event in connection with the duties of the
Member, officer, or employee as an officeholder shall be
deemed to be a reimbursement to the Senate and not a gift
prohibited by this rule, if the Member, officer, or
employee--
(A) in the case of an employee, receives advance
authorization, from the Member or officer under
whose direct supervision the employee works, to
accept reimbursement, and
(B) discloses the expenses reimbursed or to be
reimbursed and the authorization to the Secretary of
the Senate within 30 days after the travel is
completed.
(2) For purposes of clause (1), events, the activities
of which are substantially recreational in nature, shall not
be considered to be in connection with duties of a Member,
officer, or employee as an officeholder.
35.2b (b) Each advance authorization to accept reimbursement
shall be signed by the Member or officer under whose direct
supervision the employee works and shall include--
(1) the name of the employee;
(2) the name of the person who will make the
reimbursement;
(3) the time, place, and purpose of the travel;
and
(4) a determination that the travel is in
connection with the duties of the employee as an
officeholder and would not create the appearance
that the employee is using public office for private
gain.
35.2c (c) Each disclosure made under subparagraph (a)(1) of
expenses reimbursed or to be reimbursed shall be signed by
the Member or officer (in the case of travel by that Member
or officer) or by the Member or officer under whose direct
supervision the employee works (in the case of travel by an
employee) and shall include--
(1) a good faith estimate of total
transportation expenses reimbursed or to be
reimbursed;
(2) a good faith estimate of total lodging
expenses reimbursed or to be reimbursed;
(3) a good faith estimate of total meal expenses
reimbursed or to be reimbursed;
(4) a good faith estimate of the total of other
expenses reimbursed or to be reimbursed;
(5) a determination that all such expenses are
necessary transportation, lodging, and related
expenses as defined in this paragraph; and
(6) in the case of a reimbursement to a Member
or officer, a determination that the travel was in
connection with the duties of the Member or officer
as an officeholder and would not create the
appearance that the Member or officer is using
public office for private gain.
35.2d (d) For the purposes of this paragraph, the term
`necessary transportation, lodging, and related expenses'--
(1) includes reasonable expenses that are
necessary for travel for a period not exceeding 3
days exclusive of travel time within the United
States or 7 days exclusive of travel time outside of
the United States unless approved in advance by the
Select Committee on Ethics;
(2) is limited to reasonable expenditures for
transportation, lodging, conference fees and
materials, and food and refreshments, including
reimbursement for necessary transportation, whether
or not such transportation occurs within the periods
described in clause (1);
(3) does not include expenditures for
recreational activities, nor does it include
entertainment other than that provided to all
attendees as an integral part of the event, except
for activities or entertainment otherwise
permissible under this rule; and
(4) may include travel expenses incurred on
behalf of either the spouse or a child of the
Member, officer, or employee, subject to a
determination signed by the Member or officer (or in
the case of an employee, the Member or officer under
whose direct supervision the employee works) that
the attendance of the spouse or child is appropriate
to assist in the representation of the Senate.
35.2e (e) The Secretary of the Senate shall make make
available to the public all advance authorizations and
disclosures of reimbursement filed pursuant to subparagraph
(a) as soon as possible after they are received.
35.3 3. A gift prohibited by paragraph 1(a) incudes the
following:
35.3a
(a) Anything provided by a registered lobbyist
or an agent of a foreign principal to an entity that
is maintained or controlled by a Member, officer, or
employee.
35.3b
(b) A charitable contribution (as defined in
section 170(c) of the Internal Revenue Code of 1986)
made by a registered lobbyist or an agent of a
foreign principal on the basis of a designation,
recommendation, or other specification of a Member,
officer, or employee (not including a mass mailing
or other solicitation directed to a broad category
of persons or entities), other than a charitable
contribution permitted by paragraph 4.
35.3c
(c) A contribution or other payment by a
registered lobbyist or an agent of a foreign
principal to a legal expense fund established for
the benefit of a Member, officer, or employee.
35.3d
(d) A financial contribution or expenditure made
by a registered lobbyist or an agent of a foreign
principal relating to a conference, retreat, or
similar event, sponsored by or affiliated with an
official congressional organization, for or on
behalf of Members, officers, or employees.
35.4a 4. (a) A charitable contribution (as defined in section
170(c) of the Internal Revenue Code of 1986) made by a
registered lobbyist or an agent of a foreign principal in
lieu of an honorarium to a Member, officer, or employee
shall not be considered a gift under this rule if it is
reported as provided in subparagraph (b).
35.4b (b) A Member, officer, or employee who designates or
recommends a contribution to a charitable organization in
lieu of honoraria described in subparagraph (a) shall report
within 30 days after such designation or recommendation to
the Secretary of the Senate--
(1) the name and address of the registered
lobbyist who is making the contribution in lieu of
honoraria;
(2) the date and amount of the contribution; and
(3) the name and address of the charitable
organization designated or recommended by the
Member.
The Secretary of the Senate shall make public information
received pursuant to this subparagraph as soon as possible
after it is received.
35.5 5. For purposes of this rule--
35.5a
(a) the term ``registered lobbyist'' means a
lobbyist registered under the Federal Regulation of
Lobbying Act or any successor statute; and
35.5b
(b) the term ``agent of a foreign principal''
means an agent of a foreign principal registered
under the Foreign Agents Registration Act.
35.6 6. All the provisions of this rule shall be interpreted
and enforced solely by the Select Committee on Ethics. The
Select Committee on Ethics is authorized to issue guidance
on any matter contained in this rule.
36 RULE XXXVI \36\
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\36\ Previous provisions of Rule XXXVI were repealed by
S. Res. 512, 97-2, Dec. 14, 1982, effective Jan. 1, 1983.
New Rule XXXVI language established by S. Res. 192, 102-1,
Oct. 31, 1991, effective Aug. 14, 1991. See Senate Manual
Sec. 440 for provisions of 5 U.S.C. App. 7.
---------------------------------------------------------------------------
outside earned income
36.1 For purposes of this rule, the provisions of section 501
of the Ethics in Government Act of 1978 (5 U.S.C. App. 7
501) shall be deemed to be a rule of the Senate as it
pertains to Members, officers, and employees of the Senate.
37 RULE XXXVII
CONFLICT OF INTEREST
37.1 1. A Member, officer, or employee of the Senate shall
not receive any compensation, nor shall he permit any
compensation to accrue to his beneficial interest from any
source, the receipt or accrual of which would occur by
virtue of influence improperly exerted from his position as
a Member, officer, or employee.
37.2 2. No Member, officer, or employee shall engage in any
outside business or professional activity or employment for
compensation which is inconsistent or in conflict with the
conscientious performance of official duties.
37.3 3. No officer or employee shall engage in any outside
business or professional activity or employment for
compensation unless he has reported in writing when such
activity or employment commences and on May 15 of each year
thereafter so long as such activity or employment continues,
the nature of such activity or employment to his supervisor.
The supervisor shall then, in the discharge of his duties,
take such action as he considers necessary for the avoidance
of conflict of interest or interference with duties to the
Senate.
37.4 4. No Member, officer, or employee shall knowingly use
his official position to introduce or aid the progress or
passage of legislation, a principal purpose of which is to
further only his pecuniary interest, only the pecuniary
interest of his immediate family, or only the pecuniary
interest of a limited class of persons or enterprises, when
he, or his immediate family, or enterprises controlled by
them, are members of the affected class.
37.5a 5. (a) \37\ No Member, officer, or employee of the
Senate compensated at a rate in excess of $25,000 per annum
and employed for more than ninety days in a calendar year
shall (1) affiliate with a firm, partnership, association,
or corporation for the purpose of providing professional
services for compensation; (2) permit that individual's name
to be used by such a firm, partnership, association or
corporation; or (3) practice a profession for compensation
to any extent during regular office hours of the Senate
office in which employed. For the purposes of this
paragraph, ``professional services'' shall include but not
be limited to those which involve a fiduciary relationship.
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\37\ Pursuant to S. Res. 192, 102-1, Oct. 31, 1991,
effective Aug. 14, 1991, paragraph 5 renumbered 5(a) and
subparagraph (b) added.
---------------------------------------------------------------------------
37.5b (b) A Member or an officer or employee whose rate of
basic pay is equal to or greater than 120 percent of the
annual rate of basic pay in effect for grade GS-15 of the
General Schedule shall not----
(1) receive compensation for affiliating with or
being employed by a firm, partnership, association,
corporation, or other entity which provides
professional services involving a fiduciary
relationship;
(2) permit that Member's, officer's, or
employee's name to be used by any such firm,
partnership, association, corporation, or other
entity;
(3) receive compensation for practicing a
profession which involves a fiduciary relationship;
or
(4) receive compensation for teaching, without
the prior notification and approval of the Select
\38\ Committee on Ethics.
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\38\ Added pursuant to S. Res. 299, 106-2, Apr. 27,
2000.
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37.6a 6. (a) \39\ No Member, officer, or employee of the
Senate compensated at a rate in excess of $25,000 per annum
and employed for more than ninety days in a calendar year
shall serve as an officer or member of the board of any
publicly held or publicly regulated corporation, financial
institution, or business entity. The preceding sentence
shall not apply to service of a Member, officer, or employee
as--
---------------------------------------------------------------------------
\39\ Pursuant to S. Res. 192, 102-1, Oct. 31, 1991,
effective Aug. 14, 1991, paragraph 6 renumbered 6(a) and
subparagraph (b) added.
---------------------------------------------------------------------------
(1) an officer or member of the board of an
organization which is exempt from taxation under
section 501(c) of the Internal Revenue Code of 1954,
if such service is performed without compensation;
(2) an officer or member of the board of an
institution or organization which is principally
available to Members, officers, or employees of the
Senate, or their families, if such service is
performed without compensation; or
(3) a member of the board of a corporation,
institution, or other business entity, if (A) the
Member, officer, or employee had served continuously
as a member of the board thereof for at least two
years prior to his election or appointment as a
Member, officer, or employee of the Senate, (B) the
amount of time required to perform such service is
minimal, and (C) the Member, officer, or employee is
not a member of, or a member of the staff of any
Senate committee which has legislative jurisdiction
over any agency of the Government charged with
regulating the activities of the corporation,
institution, or other business entity.
37.6b (b) A Member or an officer or employee whose rate of
basic pay is equal to or greater than 120 percent of the
annual rate of basic pay in effect for grade GS-15 of the
General Schedule shall not serve for compensation as an
officer or member of the board of any association,
corporation, or other entity.
37.7 7. An employee on the staff of a committee who is
compensated at a rate in excess of $25,000 per annum and
employed for more than ninety days in a calendar year shall
divest himself of any substantial holdings which may be
directly affected by the actions of the committee for which
he works, unless the Select Committee, after consultation
with the employee's supervisor, grants permission in writing
to retain such holdings or the employee makes other
arrangements acceptable to the Select Committee and the
employee's supervisor to avoid participation in committee
actions where there is a conflict of interest, or the
appearance thereof.
37.8 8. If a Member, upon leaving office, becomes a
registered lobbyist under the Federal Regulation of Lobbying
Act of 1946 or any successor statute, or is employed or
retained by such a registered lobbyist for the purpose of
influencing legislation, he shall not lobby Members,
officers, or employees of the Senate for a period of one
year after leaving office.
37.9 9. If an employee on the staff of a Member, upon leaving
that position, becomes a registered lobbyist under the
Federal Regulation of Lobbying Act of 1946 or any successor
statute, or is employed or retained by such a registered
lobbyist for the purpose of influencing legislation, such
employee may not lobby the Member for whom he worked or that
Member's staff for a period of one year after leaving that
position. If an employee on the staff of a committee, upon
leaving his position, becomes such a registered lobbyist or
is employed or retained by such a registered lobbyist for
the purpose of influencing legislation, such employee may
not lobby the members of the committee for which he worked,
or the staff of that committee, for a period of one year
after leaving his position.
37.10 10. (a) \40\ Except as provided by subparagraph (b), any
employee of the Senate who is required to file a report
pursuant to rule XXXIV shall refrain from participating
personally and substantially as an employee of the Senate in
any contact with any agency of the executive or judicial
branch of Government with respect to non-legislative matters
affecting any non-governmental person in which the employee
has a significant financial interest.
---------------------------------------------------------------------------
\40\ Pursuant to S. Res. 236, 101-2, Jan. 30, 1990,
paragraphs 10. and 11. were renumbered as 11. and 12.
respectively and paragraph 10. was added.
---------------------------------------------------------------------------
(b) Subparagraph (a) shall not apply if an employee
first advises his supervising authority of his significant
financial interest and obtains from his employing authority
a written waiver stating that the participation of the
employee is necessary. A copy of each such waiver shall be
filed with the Select Committee.
37.11 11. For purposes of this rule--
37.11a
(a) ``employee of the Senate'' includes an
employee or individual described in paragraphs 2, 3,
and 4(c) of rule XLI;
37.11b
(b) an individual who is an employee on the
staff of a subcommittee of a committee shall be
treated as an employee on the staff of such
committee; and
37.11c
(c) the term ``lobbying'' means any oral or
written communication to influence the content or
disposition of any issue before Congress, including
any pending or future bill, resolution, treaty,
nomination, hearing, report, or investigation; but
does not include--
(1) a communication (i) made in the form
of testimony given before a committee or
office of the Congress, or (ii) submitted
for inclusion in the public record, public
docket, or public file of a hearing; or
(2) a communication by an individual,
acting solely on his own behalf, for redress
of personal grievances, or to express his
personal opinion.
37.12 12. For purposes of this rule--
37.12a
(a) a Senator or the Vice President is the
supervisor of his administrative, clerical, or other
assistants;
37.12b
(b) a Senator who is the chairman of a committee
is the supervisor of the professional, clerical, or
other assistants to the committee except that
minority staff members shall be under the
supervision of the ranking minority Senator on the
committee;
37.12c
(c) a Senator who is a chairman of a
subcommittee which has its own staff and financial
authorization is the supervisor of the professional,
clerical, or other assistants to the subcommittee
except that minority staff members shall be under
the supervision of the ranking minority Senator on
the subcommittee;
37.12d
(d) the President pro tempore is the supervisor
of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper, the Chaplain, the Legislative Counsel,
and the employees of the Office of the Legislative
Counsel;
37.12e
(e) the Secretary of the Senate is the
supervisor of the employees of his office;
37.12f
(f) the Sergeant at Arms and Doorkeeper is the
supervisor of the employees of his office;
37.12g
(g) the Majority and Minority Leaders and the
Majority and Minority Whips are the supervisors of
the research, clerical, or other assistants assigned
to their respective offices;
37.12h
(h) the Majority Leader is the supervisor of the
Secretary for the Majority and the Secretary for the
Majority is the supervisor of the employees of his
office; and
37.12i
(i) the Minority Leader is the supervisor of the
Secretary for the Minority and the Secretary for the
Minority is the supervisor of the employees of his
office.
38 RULE XXXVIII
PROHIBITION OF UNOFFICIAL OFFICE ACCOUNTS
38.1a 1. (a) \41\ No Member may maintain or have maintained
for his use an unofficial office account. The term
``unofficial office account'' means an account or repository
into which funds are received for the purpose, at least in
part, of defraying otherwise unreimbursed expenses allowable
in connection with the operation of a Member's office. An
unofficial office account does not include, and expenses
incurred by a Member in connection with his official duties
shall be defrayed only from--
---------------------------------------------------------------------------
\41\ Pursuant to S. Res. 192, 102-1, Oct. 31, 1991,
paragraph 1 was renumbered 1(a) and subparagraph (b) was
added. Effective date revised to May 1, 1992, by a provision
of Pub. L. 102-229, Dec. 12, 1991. Provisions of 2 U.S.C.
431 are contained in the Senate Manual at Sec. 399.8.
---------------------------------------------------------------------------
(1) personal funds of the Member;
(2) official funds specifically appropriated for
that purpose;
(3) funds derived from a political committee (as
defined in section 301(d) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431)); and
(4) funds received as reasonable reimbursements
for expenses incurred by a Member in connection with
personal services provided by the Member to the
organization making the reimbursement.
38.1b (b) Notwithstanding subparagraph (a), official expenses
may be defrayed only as provided by subsections (d) and (i)
of section 311 of the Legislative Appropriations Act, 1991
(Public Law 101-520).
38.2 2. No contribution (as defined in section 301(e) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431)) shall
be converted to the personal use of any Member or any former
Member. For the purposes of this rule ``personal use'' does
not include reimbursement of expenses incurred by a Member
in connection with his official duties.
39 RULE XXXIX
FOREIGN TRAVEL
39.1a 1. (a) Unless authorized by the Senate (or by the
President of the United States after an adjournment sine
die), no funds from the United States Government (including
foreign currencies made available under section 502(b) of
the Mutual Security Act of 1954 (22 U.S.C. 1754(b)) shall be
received for the purpose of travel outside the United States
by any Member of the Senate whose term will expire at the
end of a Congress after--
(1) the date of the general election in which
his successor is elected; or
(2) in the case of a Member who is not a
candidate in such general election, the earlier of
the date of such general election or the adjournment
sine die of the second regular session of that
Congress.
39.1b (b) \42\ The travel restrictions provided by
subparagraph (a) with respect to a Member of the Senate
whose term will expire at the end of a Congress shall apply
to travel by--
---------------------------------------------------------------------------
\42\ Pursuant to S. Res. 80, 100-1, Jan. 28, 1987,
paragraph 1 was renumbered as 1. (a) and subparagraph (b)
was added.
---------------------------------------------------------------------------
(1) any employee of the Member;
(2) any elected officer of the Senate whose
employment will terminate at the end of a Congress;
and
(3) any employee of a committee whose employment
will terminate at the end of a Congress.
39.2 2. No Member, officer, or employee engaged in foreign
travel may claim payment or accept funds from the United
States Government (including foreign currencies made
available under section 502(b) of the Mutual Security Act of
1954 (22 U.S.C. 1754(b)) for any expense for which the
individual has received reimbursement from any other source;
nor may such Member, officer, or employee receive
reimbursement for the same expense more than once from the
United States Government. No Member, officer, or employee
shall use any funds furnished to him to defray ordinary and
necessary expenses of foreign travel for any purpose other
than the purpose or purposes for which such funds were
furnished.
39.3 3. A per diem allowance provided a Member, officer, or
employee in connection with foreign travel shall be used
solely for lodging, food, and related expenses and it is the
responsibility of the Member, officer, or employee receiving
such an allowance to return to the United States Government
that portion of the allowance received which is not actually
used for necessary lodging, food, and related expenses.
40 RULE XL
FRANKING PRIVILEGE AND RADIO AND TELEVISION STUDIOS \43\
---------------------------------------------------------------------------
\43\ Section 3210 of title 39, U.S.C., contains
statutory provisions are parallel to certain provisions of
rule XL relating to the franking privilege. See Senate
Manual Sec. 491.
---------------------------------------------------------------------------
40.1 1. A Senator or an individual who is a candidate for
nomination for election, or election, to the Senate may not
use the frank for any mass mailing (as defined in section
3210(a)(6)(E) \44\ of title 39, United States Code) if such
mass mailing is mailed at or delivered to any postal
facility less than sixty days immediately before the date of
any primary or general election (whether regular, special,
or runoff) in which the Senator is a candidate for public
office or the individual is a candidate for Senator, unless
the candidacy of the Senator in such election is
uncontested.\45\
---------------------------------------------------------------------------
\44\ Citation corrected by S. Res. 187, 101-1, Oct. 2,
1989, pursuant to Pub. L. 97-69, Oct. 26, 1981.
\45\ As amended, S. Res. 224, 103-2, June 21, 1994.
40.2 2. A Senator shall use only official funds of the
Senate, including his official Senate allowances, to
purchase paper, to print, or to prepare any mass mailing
material which is to be sent out under the frank.
40.3a 3. (a) When a Senator disseminates information under the
frank by a mass mailing (as defined in section 3210(a)(6)(E)
of title 39, United States Code), the Senator shall register
quarterly \46\ with the Secretary of the Senate such mass
mailings. Such registration shall be made by filing with the
Secretary a copy of the matter mailed and providing, on a
form supplied by the Secretary, a description of the group
or groups of persons to whom the mass mailing was mailed.
---------------------------------------------------------------------------
\46\ Pursuant to Pub. L. 101-520, Nov. 5, 1990, 2 U.S.C.
59g, See Senate Manual Sec. 248.7.
40.3b (b) The Secretary of the Senate shall promptly make
available for public inspection and copying a copy of the
mail matter registered, and a description of the group or
groups of persons to whom the mass mailing was mailed.
40.4 4. Nothing in this rule shall apply to any mailing under
the frank which is (a) in direct response to inquiries or
requests from persons to whom the matter is mailed; (b)
addressed to colleagues in Congress or to government
officials (whether Federal, State, or local); or (c)
consists entirely of news releases to the communications
media.
40.5 5. The Senate computer facilities shall not be used (a)
to store, maintain, or otherwise process any lists or
categories of lists of names and addresses identifying the
individuals included in such lists as campaign workers or
contributors, as members of a political party, or by any
other partisan political designation, (b) to produce
computer printouts except as authorized by user guides
approved by the Committee on Rules and Administration, or
(c) to produce mailing labels for mass mailings, or computer
tapes and discs, for use other than in service facilities
maintained and operated by the Senate or under contract to
the Senate. The Committee on Rules and Administration shall
prescribe such regulations not inconsistent with the
purposes of this paragraph as it determines necessary to
carry out such purposes.
40.6a 6. (a) The radio and television studios provided by the
Senate or by the House of Representatives may not be used by
a Senator or an individual who is a candidate for nomination
for election, or election, to the Senate less than sixty
days immediately before the date of any primary or general
election (whether regular, special, or runoff) in which that
Senator is a candidate for public office or that individual
is a candidate for Senator, unless the candidacy of the
Senator in such election is uncontested.\47\
---------------------------------------------------------------------------
\47\ As amended, S. Res. 224, 103-2, June 21, 1994.
40.6b (b) This paragraph shall not apply if the facilities are
to be used at the request of, and at the expense of, a
licensed broadcast organization or an organization exempt
from taxation under section 501(c)(3) of the Internal
Revenue Code of 1954.
41 RULE XLI
POLITICAL FUND ACTIVITY; DEFINITIONS
41.1 1. No officer or employee of the Senate may receive,
solicit, be a custodian of, or distribute any funds in
connection with any campaign for the nomination for
election, or the election, of any individual to be a Member
of the Senate or to any other Federal office. This
prohibition does not apply to three \48\ assistants to a
Senator, at least one of whom is in Washington, District of
Columbia, who have been designated by that Senator to
perform any of the functions described in the first sentence
of this paragraph and who are compensated at an annual rate
in excess of $10,000 if such designation has been made in
writing and filed with the Secretary of the Senate and if
each such assistant files a financial statement in the form
provided under rule XXXIV for each year during which he is
designated under this rule. The Majority Leader and the
Minority Leader may each designate an employee of their
respective leadership office staff as one of the 3 designees
referred to in the second sentence.\49\ The Secretary of the
Senate shall make the designation available for public
inspection.
---------------------------------------------------------------------------
\48\ As amended by S. Res. 258, 100-1, Oct. 1, 1987.
\49\ Pursuant to S. Res. 236, 101-2, Jan 30, 1990.
41.2 2. For purposes of the Senate Code of Official Conduct--
41.2a
(a) an employee of the Senate includes any
employee whose salary is disbursed by the Secretary
of the Senate; and
41.2b
(b) the compensation of an officer or employee
of the Senate who is a reemployed annuitant shall
include amounts received by such officer or employee
as an annuity, and such amounts shall be treated as
disbursed by the Secretary of the Senate.
41.3 3. Before approving the utilization by any committee of
the Senate of the services of an officer or employee of the
Government in accordance with paragraph 4 \50\ of rule XXVII
or with an authorization provided by Senate resolution, the
Committee on Rules and Administration shall require such
officer or employee to agree in writing to comply with the
Senate Code of Official Conduct in the same manner and to
the same extent as an employee of the Senate. Any such
officer or employee shall, for purposes of such Code, be
treated as an employee of the Senate receiving compensation
disbursed by the Secretary of the Senate in an amount equal
to the amount of compensation he is receiving as an officer
or employee of the Government.
---------------------------------------------------------------------------
\50\ Reference corrected by S. Res. 192, 102-1, Oct. 31,
1991.
41.4 4. No Member, officer, or employee of the Senate shall
utilize the full-time services of an individual for more
than ninety days in a calendar year in the conduct of
official duties of any committee or office of the Senate
(including a Member's office) unless such individual--
41.4a
(a) is an officer or employee of the Senate,
41.4b
(b) is an officer or employee of the Government
(other than the Senate), or
41.4c
(c) agrees in writing to comply with the Senate
Code of Official Conduct in the same manner and to
the same extent as an employee of the Senate.
Any individual to whom subparagraph (c) applies shall, for
purposes of such Code, be treated as an employee of the
Senate receiving compensation disbursed by the Secretary of
the Senate in an amount equal to the amount of compensation
which such individual is receiving from any source for
performing such services.
41.5 5. In exceptional circumstances for good cause shown,
the Select Committee on Ethics may waive the applicability
of any provision of the Senate Code of Official Conduct to
an employee hired on a per diem basis.
41.6a 6. (a) The supervisor of an individual who performs
services for any Member, committee, or office of the Senate
for a period in excess of four weeks and who receives
compensation therefor from any source other than the United
States Government shall report to the Select Committee on
Ethics with respect to the utilization of the services of
such individual.
41.6b
41.6b (b) A report under subparagraph (a) shall be made with
respect to an individual--
(1) when such individual begins performing
services described in such subparagraph;
(2) at the close of each calendar quarter while
such individual is performing such services; and
(3) when such individual ceases to perform such
services.
Each such report shall include the identity of the source of
the compensation received by such individual and the amount
or rate of compensation paid by such source.
41.6c (c) No report shall be required under subparagraph (a)
with respect to an individual who normally performs services
for a Member, committee, or office for less than eight hours
a week.
41.6d
41.6d (d) For purposes of this paragraph, the supervisor of an
individual shall be determined under paragraph 12 of rule
XXXVII.\51\
---------------------------------------------------------------------------
\51\ Redesignated pursuant to S. Res. 236, 101-2, Jan.
30, 1990 and S. Res. 299, 106-2, Apr. 27, 2000.
42 RULE XLII
EMPLOYMENT PRACTICES
42.1 1. No Member, officer, or employee of the Senate shall,
with respect to employment by the Senate or any office
thereof--
42.1a
(a) fail or refuse to hire an individual;
42.1b
(b) discharge an individual; or
42.1c
(c) otherwise discriminate against an individual
with respect to promotion, compensation, or terms,
conditions, or privileges of employment
on the basis of such individual's race, color, religion,
sex, national origin, age, or state of physical handicap.
42.2 2.\52\ For purposes of this rule, the provisions of
section 509(a) of the Americans With Disabilities Act of
1990 shall be deemed to be a rule of the Senate as it
pertains to Members, officers, and employees of the Senate.
---------------------------------------------------------------------------
\52\ Added by S. Res. 192, 102-1, Oct. 31, 1991,
effective July 26, 1990. ADA was subsequently amended by the
Government Employee Rights Act of 1991 (Title 3, Civil
Rights Act of 1991, Pub. L. 102-166, codified at 2 U.S.C.
1201 et seq.). See Senate Manual Sec. 399.60.
43 RULE XLIII
REPRESENTATION BY MEMBERS \53\
---------------------------------------------------------------------------
\53\ Rule established by S. Res. 273, 102-2, July 2,
1992.
---------------------------------------------------------------------------
43.1 1. In responding to petitions for assistance, a Member
of the Senate, acting directly or through employees, has the
right to assist petitioners before executive and independent
government officials and agencies.
43.2 2. At the request of a petitioner, a Member of the
Senate, or a Senate employee, may communicate with an
executive or independent government official or agency on
any matter to--
43.2a
(a) request information or a status report;
43.2b
(b) urge prompt consideration;
43.2c
(c) arrange for interviews or appointments;
43.2d
(d) express judgments;
43.2e
(e) call for reconsideration of an
administrative response which the Member believes is
not reasonably supported by statutes, regulations or
considerations of equity or public policy; or
43.2f
(f) perform any other service of a similar
nature consistent with the provisions of this rule.
43.3 3. The decision to provide assistance to petitioners may
not be made on the basis of contributions or services, or
promises of contributions or services, to the Member's
political campaigns or to other organizations in which the
Member has a political, personal, or financial interest.
43.4 4. A Member shall make a reasonable effort to assure
that representations made in the Member's name by any Senate
employee are accurate and conform to the Member's
instructions and to this rule.
43.5 5. Nothing in this rule shall be construed to limit the
authority of Members, and Senate employees, to perform
legislative, including committee, responsibilities.
------------------------------------------------------------
INDEX TO STANDING RULES OF THE SENATE
------------------------------------------------------------
Senate
Manual
Section
A
Absence of:
Senators...............................................6
Vice President.........................................1
Additional views in committee reports.................26.10c
Adjourn, motion to..............................6.4, 9, 22.1
Aging, Special Committee on, membership of.............25.3b
Agriculture, Nutrition, and Forestry, Committee
on...................................................25.1a
Amend, motion to........................................22.1
Amendment(s):
Committee, not within jurisdiction..................15.5
Division of a question..............................15.3
Laid on table without prejudice to bill.............15.4
Not in order........................................14.7
Of the rules...........................................5
Of treaties.........................................30.1
Post cloture........................................22.2
To appropriations bills...............................16
Announcement of committee hearings.....................26.4a
Appeal from ruling of Chair.............................19.4
Appointment of:
Committees............................................24
Public officials......................................31
Senator to the Chair.................................1.3
Senators, certificates of.......................2.2, 2.3
Appropriations bills. See Bills and resolutions.
Appropriations, Committee on:
Appropriation bills:
Amendments to.....................................16
Restrictions on..................16.2, 16.4-16.6
Private claims not to be included...............16.5
Procedure on......................................16
Reappropriating unexpended balances.............16.8
Jurisdiction of....................................25.1b
Reports to identify with particularity items
not required to carry out provisions of an
existing law, etc.................................16.7
Armed Services, Committee on...........................25.1c
Assistant Secretary of the Senate, performance
of duties of Chair by..................................1.2
Authorizations, expenditure, for committees.............26.9
B
Banking, Housing, and Urban Affairs, Committee
on...................................................25.1d
Bills and resolutions:
Amendment(s):
Committee, not within jurisdiction of...........15.5
Division of a question..........................15.3
Laid on table without prejudice to bill
15.4
Not in order....................................14.7
Of the rules.......................................5
Of treaties.................................30.1b, c
Post cloture....................................22.2
To appropriation bills............................16
Appropriations bills:
Amendment(s) to...................................16
Restrictions on..................16.2, 16.4-16.6
New spending authority.........................25.1b
Private claims not to be included...............16.5
Procedure on......................................16
Rescission of appropriations...................25.1b
Calendar call...................................7.2, 8.1
Committee reports on, to show:
Cost estimates of proposals in................26.11a
Exception.................................26.11a
Proposed changes in existing law...............26.12
Regulatory impact incurred, evaluation
of..........................................26.11b
Enrollment of.......................................14.5
Signing enrolled bills...........................1.3
Introduction of..................................7, 14.1
Motion to commit..............................14.7, 22.1
Pension bills................................14.9, 14.10
Preambles...........................................14.8
Printing of...................................11.4, 11.6
Private bills................................14.9, 14.10
Procedure on..........................................14
Reading of..........................................14.2
Reference of............................14.3, 17.2, 17.3
Joint referral..................................17.3
Reported from committee........14.4, 17.4, 17.5, 26.10b,
26.10c,
26.11,
26.12
To lie over one day.................................14.6
Blind trusts, reporting of..............................34.4
Broadcasting of committee hearings.....................26.5c
Budget, Committee on the...............................25.1e
Business:
Continued from session to session.....................18
Morning................................................7
Conclusion..............................7.2, 8, 19.1
Order of...............................................8
Special orders...............................8.1, 10
``Byrd rule.'' See Senate Manual Sec. 399.39-15b.
C
Calendar, call of...................................7.2, 8.1
Calendar Monday..........................................7.2
Calendar of bills and resolutions:
Consideration of items on.......................7.2, 8.1
Placing of items on.................................14.4
Calendar of Special Orders..............................10.1
Candidates for United States Senate..............40.1, 40.6a
Capitol, Senate wing of, regulation of..................33.2
Certificates of appointment of Senators.............2.2, 2.3
Certificates of election of Senators:
Forms of.............................................2.3
Record of............................................2.2
Chair (see also Presiding Officer):
Appointment of Senator to perform duties of
1.3
Order in Chamber or galleries, enforcement
of................................................19.6
Performance of duties of, by:
Acting President pro tempore.....................1.2
Assistant Secretary of the Senate................1.2
Secretary of the Senate..........................1.2
Ruling of, appeal from..............................19.4
Chairman, committee:
Appointment of........................................24
Enforcement of order...............................26.5d
Limitations on service as..........................25.4e
Ranking majority member to serve in absence
of................................................26.3
Reporting approved measures promptly..............26.10b
Resignation of......................................24.4
Chaplain, daily prayer by..........................4.1a, 4.2
Charitable contributions.........................35.3b, 35.4
Claims...........................................14.10, 16.5
Closed-door sessions of Senate............................21
Closed sessions of:
Committees.........................................26.5b
Conferences.........................................28.6
Cloture procedure.......................................22.2
Thirty hour limit...................................22.2
Code of Official Conduct. See Rules 34-43, Senate Manual
sections 34-43, 220.1, 399.60, 439-440, 565.
Commencement of daily sessions.............................4
Commerce, Science, and Transportation, Committee
on...................................................25.1f
Commit, motion to.................................14.7, 22.1
Committee(s):
Amendments, not within jurisdiction of..............15.5
Appointment of........................................24
Authorizations, expenditure.........................26.9
Chairman:
Appointment of....................................24
Limitations on service as......................25.4e
Ranking majority member to serve in
absence of....................................26.3
Reporting approved measures promptly..........26.10b
Resignation of..................................24.4
Conference, reports of................................28
Discharge, motion to...............................17.4a
Expenditure authorizations..........................26.9
Hearings:
Announcement of................................26.4a
Authority for...................................26.1
Availability....................................17.5
Broadcasting of................................26.5c
Closed.........................................26.5b
Executive decisions.............................17.5
Open...........................................26.5b
Order in, enforcement of.......................26.5d
Printing of...................................26.10a
Procedure.......................................26.4
Stenographic assistance for reporting of
26.1
Televising of..................................26.5c
Witnesses.................................26.1, 26.4
Selected by minority.......................26.4d
Investigations, authority for.......................26.1
Joint. See Committees, joint.
Jurisdiction, questions of..........................17.1
Legislation jointly referred........................17.3
Portions under consideration to be
specified....................................17.3d
Report.........................................17.3b
Legislative review by..............................26.8a
Report on......................................26.8b
Meetings..............................................26
Broadcasting or televising.....................26.5c
Closed and open sessions.......................26.5b
Order, maintenance of..........................26.5d
Record (transcript or electronic) of...........26.5e
Membership on..................................25.2-25.4
Limitations and exceptions with respect
to............................................25.4
Temporary increase in (leadership
agreement)...................................25.4c
Minority staff........................27.1d, 27.2a-27.2c
Powers, continuance of..............................25.1
Procedure.............................................26
Proxies, use of.....................................26.7
Quorum.............................................26.7a
Records:
Availability to all Members...................26.10a
Proceedings (open or closed)...................26.5e
Separate from chairman's office records
26.10a
Reference of bills and resolutions to...14.3, 17.2, 17.3
Reports.........................................7.1, 7.2
Additional views in...........................26.10c
Appropriations Committee reports to
identify items not required to carry
out existing law..............................16.7
Availability of (``2-day rule'')................17.5
Conference committees.............................28
Contents required in each...............26.11, 26.12
Cost estimate.................................26.11a
Exception.................................26.11a
Filing of.............................26.10b, 26.10c
Legislative review.............................26.8b
Minority views in.............................26.10c
Printing of........................11.4-11.6, 26.10c
Exception...................................11.6
Printed in single volume..................26.10c
Regulatory impact, evaluation of..............26.11b
Submission of....................................7.1
Supplemental views in.........................26.10c
To lie over one day............................17.4a
To show proposed changes in existing law
(Cordon rule)................................26.12
``2-day rule''..................................17.5
Rules of............................................26.2
Printing of, in Congressional Record............26.2
Sessions of:
Broadcasting of................................26.5c
Open or closed.................................26.5b
Scheduling of.............................26.4, 26.6
Sitting while the Senate is in session.............26.5a
Permission by leaders..........................26.5a
Staffs................................................27
Minority............................27.1, 27.2, 27.3
Personnel on detail from other
Government
agencies......................................27.4
Standing. See Committees, standing.
Subcommittees, limitation of membership on
25.4b, 25.4e
Subpena, power of...................................26.1
Voting:
Proxies.........................................26.7
Record of.......................................26.7
Witnesses.....................................26.1, 26.4
Authority to summon.............................26.1
Selected by minority...........................26.4d
Committee of the Whole, proceedings on treaties
in...................................................30.1b
Committees, joint:
Joint Economic.....................................25.3b
Taxation...........................................25.3c
Committees, other:
Indian Affairs.....................................25.3c
Committees, select:
Membership on:
Ethics.........................................25.3c
Intelligence...................................25.3b
Committees, special: Aging, membership on..............25.3b
Committees, standing:
Agriculture, Nutrition, and Forestry...............25.1a
Appropriations:
Appropriation bills:
Amendments to.................................16
Restrictions on..............16.2, 16.4-16.6
Private claims not to be included...........16.5
Procedure on..................................16
Committee procedures, excepted from
certain....................26.3, 26.4, 26.7-26.11.
Jurisdiction of................................25.1b
Legislative review provisions, not
applicable to................................26.8a
Reports to identify with particularity
items not required to carry out
provisions of an existing law, etc............16.6
Armed Services.....................................25.1c
Banking, Housing, and Urban Affairs................25.1d
Budget.............................................25.1e
Committee procedures, excepted from
certain...........................26.4, 26.5, 26.8
Legislative review provisions not
applicable to................................26.8a
Commerce, Science, and Transportation..............25.1f
Energy and Natural Resources.......................25.1g
Environment and Public Works.......................25.1h
Finance............................................25.1i
Foreign Relations..................................25.1j
Governmental Affairs...............................25.1k
Health, Education, Labor, and Pensions............25.1l.
Judiciary..........................................25.1m
Rules and Administration:
Committee personnel on detail from other
Government agencies...........................27.4
Jurisdiction of................................25.1n
Motions to print (documents, reports,
etc.) to be referred to.................11.4, 11.5
Senate wing of the Capitol, regulation
of............................................33.2
Stenographic assistance to committees,
regulation of.................................26.1
Small Business.....................................25.1o
Veterans' Affairs..................................25.1p
Communications from heads of departments.................7.1
Computer facilities, restrictions on use................40.5
Concurrent resolutions. See Bills and resolutions.
Conference committees: Reports of.........................28
Confidential business, disclosure prohibited............29.5
Confidential proceedings to be kept in separate
book..................................................4.1d
Conflict of interest. See Rule 37, Senate Manual
section 37.
Voting..............................................12.3
Congressional Record:
Committee Rules of Procedure........................26.2
Memorials and petitions, summary of, to be
printed in.........................................7.5
Nominations to be printed in.......................31.7b
Consideration of reported measures, availability
of reports and hearings for (2-day rule)..............17.5
Constituent services. See Representation by Members.
Contributions, political, to nominees for United
States Senator. See Senate Manual sections
399.8-399.11.
``Cordon rule''........................................26.12
Credentials, presentation of...............................2
D
Daily sessions, commencement of............................4
Debate:
Close, motion to....................................22.2
Cloture.............................................22.2
Germaneness of.....................................19.1b
Procedure in..........................................19
Discharge a committee, motion to.......................17.4a
Disclosure of confidential business prohibited
29.5
Disclosure of financial interests by Senators,
officers and employees of the Senate....................34
Discrimination, prohibit in Senate employment
practices...............................................42
Division of a question..................................15.3
E
Economic Committee, Joint. See Joint Economic Committee.
Election of Senators, certificates of...............2.2, 2.3
Employees of the Senate:
Authority of officers of the Senate over
those they supervise.............................37.12
Committees. See Committees: staff.
Conflict of interest..................................37
Disclosure of financial interests.....................34
Discrimination, prohibit..............................42
Foreign travel by...............................35.2, 39
Gifts.................................................35
Outside earned income.................................36
Political-fund activity by............................41
Post-employment lobbying restrictions...............37.9
Employment practices......................................42
Energy and Natural Resources, Committee on.............25.1g
Enrollment of bills and joint resolutions...............14.5
Signing of same......................................1.3
Environment and Public Works, Committee on.............25.1h
Ethics. See Rules 34-43, Senate Manual sections 34-43 and
220.1, 399.60, 439-440, 565.
Ethics, Select Committee on:
Financial disclosure by senatorial candidates and
officers and employees of Senate. See Senate Manual
sections 34, 79.1.
Membership on......................................25.3c
Executive:
Business, motion to proceed to......................22.1
Proceedings to be kept in separate book.............4.1d
Sessions of Senate....................................29
Expenditure authorizations..............................26.9
F
Filing of committee reports...........................26.10b
Finance, Committee on..................................25.1i
Financial disclosure......................................34
Floor:
Privilege of..........................................23
Recognition.........................................19.1
Foreign Relations, Committee on........................25.1j
Foreign travel, Senators, officers or employees
of Senate.........................................35.2, 39
Franking privilege.................................40.1-40.5
Mass mailing...................................40.1-40.5
Public inspection, available for...............40.3b
Registration with Secretary of Senate..........40.3a
Restrictions....................................40.1
Exceptions..................................40.4
Use of official funds...............................40.2
G
Galleries:
News media, regulation of...........................33.2
Occupants of, no Senator shall call
attention to any..................................19.7
Order in, enforcement of............................19.6
Germaneness of debate..................................19.1b
Gifts to Senators, officers, and employees................35
Governmental Affairs, Committee on.....................25.1k
H
Health, Education, Labor, and Pensions,
Committee on........................................25.1l.
Hearings, committee. See Committee(s): Hearings.
Honoraria...........................................35.4, 36
House of Representatives:
Bills from...........................................7.3
Concurrence of, required for printing
additional copies with cost exceeding sum
established by law................................11.5
Messages from...................................7.1, 9.1
Messages to..........................................9.2
Motion to request return of item from...............13.2
I
Impeachment proceedings to be kept in a separate
book..................................................4.1d
Indian Affairs, Committee on, membership of............25.3c
Intelligence, Select Committee on, membership of
25.3b
Investigations, committee authority for.................26.1
J
Joint committees, membership...........................25.4e
Joint Economic Committee, membership of................25.3b
Joint referral to committees of proposed
legislation...........................................17.3
Joint resolutions. See Bills and resolutions.
Journal:
Contents of.........................................4.1c
Legislative, executive, confidential, and
impeachment proceedings to be recorded in
separate books....................................4.1d
Reading of................................4.1, 9.1, 28.1
Judiciary, Committee on the............................25.1m
Jurisdiction of standing committees..............25.1a-25.1p
L
Lay on table, motion to.................................22.1
Leaders, Majority and Minority:
Authority over certain employees................37.12g-i
Cloture, control of additional time by,
following thirty hour cap.........................22.2
Committees:
Meeting while Senate is in session,
consent for..................................26.5a
Membership, temporary increases in.............25.4c
Joint referrals of bills and resolutions,
function in......................................17.3a
2-day rule waiver...................................17.5
``Leaks.'' See Disclosure of confidential
business.
Legislation jointly referred to committees..............17.3
Legislative proceedings to be kept in separate
book..................................................4.1d
Legislative review by standing committees...............26.8
Lobbying, restrictions on current and former
Members or employees...............................37.8-12
M
Majority Leader. See Leaders, Majority and Minority.
Mass mailing under frank...........................40.1-40.5
Public inspection, available for...................40.3b
Quarterly reports...................................40.3
Registration with Secretary of Senate..............40.3a
Restrictions........................................40.1
Meetings of committees.............................26.1-26.7
Closed and open sessions...........................26.5b
Membership of committees...........................25.2-25.4
Appointment of........................................24
Limitations and exceptions in respect to............25.4
Temporary increases in.............................25.4c
Memorials. See Petitions and memorials.
Messages from:
House of Representatives........................7.1, 9.1
President of the United States..................7.1, 9.1
Messages to:
House of Representatives.............................9.2
President of the United States.......................9.2
Minority:
Staff of committees...................27.1d, 27.2a-27.2c
Witnesses before committee selected by.............26.4d
Minority Leader. See Leaders, Majority and Minority.
Minority views in committee reports...................26.10c
Morning business...........................................7
Morning hour, conclusion of.......................7.2, 8, 19
Motions:
Precedence of.................................15.3, 22.1
To be in writing....................................15.1
Withdrawal or modification of, by mover.............15.2
Motion to:
Adjourn.....................................6.4, 9, 22.1
Amend...............................................22.1
Amend or correct Journal.............................4.1
Amend the part to be stricken.......................15.3
Change order of special orders......................10.2
Close debate........................................22.2
Commit a bill or resolution...................14.7, 22.1
Compel the presence of absent Senators...............6.4
Continue the consideration of a subject..............7.2
Discharge a committee..............................17.4a
Lay before Senate bills or other matters
from the President or the House....................7.3
Lay on table........................................22.1
Postpone............................................22.1
Print (documents, reports, etc.)..............11.4, 11.5
Proceed to executive business.......................22.1
Proceed to the consideration of:
Any change in Standing Rules.....................8.2
A subject..............................7.2, 8.1, 8.2
Executive business..............................22.1
Other business..................................10.2
Recess..............................................22.1
Reconsider............................................13
Reconsider a nomination........................31.3-31.5
Request return of item from House...................13.2
Strike out..........................................15.3
Strike out and insert...............................15.3
Suspend, modify, or amend any rule...................5.1
N
Nominations:
Injunction of secrecy on............................31.2
Proceedings on........................................31
Noncurrent records......................................11.2
O
Oath, Senatorial...........................................3
Objection to reading a paper............................11.3
Offensive references to another Senator or State
prohibited..........................................19.2-5
Office accounts of Senators, prohibition of
unofficial..............................................38
Office expenses, political contributions used
for...................................................38.2
Officers of the Senate:
Conflict of interest..................................37
Disclosure of financial interests.....................34
Employees supervised by, authority over............37.12
Foreign travel of.....................................39
Gifts.................................................35
Outside earned income.................................36
Political-fund activity...............................41
Official funds, use for mass mailing....................40.2
Open sessions:
Committees.........................................26.5b
Conference..........................................28.6
Order:
In Chamber or Galleries.............................19.6
In committees......................................26.5d
Of business............................................8
Of special orders................................8.1, 10
Questions of..........................................20
Outside business or professional activity or
employment by officers or employees of the
Senate..................................................37
Outside earned income.....................................36
P
Papers:
Objection to reading................................11.3
Printing of...................................11.4, 11.5
Withdrawal of.......................................11.1
``Pastore rule''.......................................19.1b
Pension bills....................................14.9, 14.10
Petitions and memorials:
Presentation of........................................7
Reference of.........................................7.4
Summary of, to be printed in Congressional
Record.............................................7.5
Pledge of Allegiance to the Flag of the United
States...................................................4
Points of order:
Appropriation bill amendment proposing new
or general legislation............................16.2
Conference report, new matter in....................28.2
During cloture proceedings..........................22.2
Measure reported from a committee...................26.7
Restriction on the expenditure of funds
appropriated......................................16.6
Political-fund activity by officers and
employees of Senate.....................................41
Code of Official Conduct............................41.2
Written agreement to comply with................41.3
Compensation, amount of.............................41.3
Identity of source.................................41.6b
90 days in calendar year limitation.................41.4
Exception.......................................41.4
Report, none required for less than 8 hours
service..........................................41.6c
Postpone, motion to.....................................22.1
Powers, committee.................................25.1, 26.1
Prayer, daily, by Chaplain.................................4
Preambles...............................................14.8
Precedence of motions.............................15.3, 22.1
Presentation of credentials................................2
President of the United States:
Bills or other matters from..........................7.3
Communications, confidential, from..................29.3
Former Presidents entitled to address the
Senate............................................19.8
Meeting with Senate on executive business...........29.1
Messages from........................................7.1
Transcript of executive records of Senate,
to be furnished with................................32
Presiding Officer:
Bills or other matters from the President or
the House, may at any time lay before the
Senate.............................................7.1
Calling a Senator to order..........................19.4
Chair:
Appointment of Senator to perform duties
of...............................................1
Order in Chamber or galleries,
enforcement of................................19.6
Performance of duties of, by:
Acting President pro tempore.................1.2
Assistant Secretary of Senate................1.2
Secretary of Senate..........................1.2
Ruling of, appeal from..........................19.4
Cloture debate, to keep time during.................22.2
Directing a Senator to take his seat................19.4
President pro tempore..................................1
Questions of order may be decided by, or
submitted by him for decision by Senate.............20
Recognition of a Senator who desires to
speak.............................................19.1
Rules for regulation of Senate wing,
enforcement of....................................33.2
Vice President, absence of......................1.1, 1.2
President pro tempore (see also Presiding
Officer).................................................1
Printing of:
Bills, resolutions, and committee reports...........11.6
Conference reports..................................28.4
Hearings, committee...............................26.10a
Papers, etc.........................................11.4
Reports, committee.....................11.4-11.6, 26.10c
Private bills....................................14.9, 14.10
Private claims...................................14.10, 16.5
Privilege of the floor....................................23
Procedure, committee......................................26
Professional staffs of committees.........................27
Proxies, use of, in committee...........................26.7
Public inspection and copying, availability of
mass mailing under frank.............................40.3b
Q
Question:
Division of a.......................................15.3
Of order..............................................20
Quorum:
Absence of, question of..............................6.3
For cloture vote....................................22.2
For unanimous consent to take a final vote
on a specific date................................12.4
Of a committee.....................................26.7a
Of the Senate........................................6.1
Sergeant at Arms to obtain attendance of
absent Senators....................................6.4
R
Radio and television:
Broadcasting of committee meetings.................26.5c
Restrictions on use of studios.....................40.6a
Ranking majority member of committee to serve in
absence of chairman...................................26.3
Ratification of treaties..................................30
Reading of:
Bills and joint resolutions.........................14.2
Journal.........................................4.1, 9.1
Paper (a), objection to.............................11.3
Recess, motion to.......................................22.1
Reconsideration...........................................13
Records:
Committee:
Action.........................................26.5e
Votes..........................................26.7b
Financial disclosure................................34.2
Noncurrent..........................................11.2
Reference, to committees..........................14.3, 17.1
Registration with Secretary of Senate when using
frank for mass mailing................................40.3
Regulation of the Senate wing of the Capitol............33.2
Reimbursement of expenses, disclosure...................35.2
Reports, committee..................................7.1, 7.2
Additional views in...............................26.10c
Appropriations Committee reports to identify
items not required to carry out provisions
of existing law...................................16.7
Availability (``2-day rule'').......................17.5
Conference committees.................................28
Contents required in each...................26.11, 26.12
Cost estimate.....................................26.11a
Exception.....................................26.11a
Filing of.........................................26.10b
Legislative review.................................26.8b
Minority views in.................................26.10c
Printing of............................11.4-11.6, 26.10c
Exception.......................................11.6
Printed in single volume......................26.10c
Regulatory impact, evaluation of..................26.11b
Submission of........................................7.1
Supplemental views in.............................26.10c
To lie over one day................................17.4a
To show proposed changes in existing law
(Cordon rule)....................................26.12
``2-day rule''......................................17.5
Reports, conference.......................................28
Reports by Senators, officers and employees on:
Financial interests...................................34
Gifts.................................................35
Representation (of constituents) by Members...............43
Resolutions. See Bills and resolutions.
Restrictions on mass mailing under frank................40.1
Rules, amendment and suspension of.........................5
Rules and Administration, Committee on:
Jurisdiction of....................................25.1n
Motions to print (documents, reports, etc.)
to be referred to...........................11.4, 11.5
Senate wing of the Capitol, regulation of...........33.2
Rules of the Senate, Standing:
Continuance in effect from Congress to
Congress...........................................5.2
Motion to:
Proceed to consideration of any change
in.............................................8.2
Suspend, modify, or amend........................5.1
S
Secretary of the Senate:
Assistant Secretary of the Senate....................1.2
Certificates of election, record of..................2.2
Duties of the Chair, performance of, by..............1.2
Enrollment of bills and joint resolutions
and presentation of same to the President
of United States..................................14.5
Financial disclosure by senatorial
candidates and officers and employees of
Senate. See Senate Manual section 439.
Messages to the President and to the House
to be certified and delivered by...................9.2
Nominations, function in respect to............31.4-31.6
Noncurrent records, function with respect to
11.2
Petitions, memorials, bills or resolutions,
function with respect to...........................7.6
Withdrawal of papers................................11.1
Select and special committees, membership on............25.3
Senate Chamber:
For Senate use only.................................33.1
Galleries...............................19.6, 19.7, 33.2
Order in, enforcement of............................19.6
Smoking not permitted in............................33.1
Senate Code of Official Conduct:
Conflict of interest..................................37
Employment practices..................................42
Financial disclosure, public..........................34
Foreign travel........................................39
Franking privilege.............................40.1-40.5
Gifts.................................................35
Office accounts, prohibition against
unofficial..........................................38
Outside earned income.................................36
Political fund activity...............................41
Post-employment lobbying restrictions.........37.8, 37.9
Radio and television studios........................40.6
Representation by Members.............................43
Senate floor, persons admitted on.........................23
Senate Office Buildings, regulation of..................33.2
Senate wing of the Capitol, regulation of...............33.2
Senators:
Absence of.............................................6
Appointment of.......................................2.2
Directed to take his seat...........................19.4
Disclosure of financial interests.....................34
Disparaging reference by......................19.2, 19.3
Foreign travel by.....................................37
Franking privilege.............................40.1-40.5
Oath of................................................3
Outside earned income.................................36
Post-employment lobbying restrictions...............37.8
Radio and television studios use....................40.6
Sergeant at Arms:
Quorum, function in obtaining........................6.4
Sessions:
Committee: Scheduling of............................26.6
Executive.............................................29
On nominations....................................31
On treaties.......................................30
President of United States furnished
with records of.................................32
With closed doors.....................................21
Simple resolutions. See Bills and resolutions.
Small Business, Committee on...........................25.1o
Smoking not permitted in Senate Chamber.................33.1
Special orders............................................10
Standards and conduct. See Rules 34-43, Senate Manual
sections 34-43.
Standing Rules of the Senate:
Continuance in effect from Congress to
Congress...........................................5.2
Motion to:
Proceed to consideration of any change
in.............................................8.2
Suspend, modify, or amend........................5.1
State, offensive reference by a Senator to a............19.3
Statements of witnesses before committees, staff
to prepare digests of................................26.4b
Stenographic assistance for reporting of
committee hearings....................................26.1
Subcommittees, limitation of membership on......25.4b, 25.4e
Subpena power of committees.............................26.1
Summary of testimony before committees, staff to
prepare..............................................26.4c
Supplemental expenditure authorizations for
committees............................................26.9
Supplemental views in committee reports...............26.10c
Suspension of the rules....................................5
T
Television broadcasting of committee hearings..........26.5c
Television Studios, and Radio...........................40.6
User restrictions...................................40.6
Exemption to restrictions...........................40.6
Travel expenses, foreign............................35.2, 39
Treaties:
Amendments..........................................30.1
Injunction of secrecy on......................29.3, 30.1
Proceedings on........................................30
Trust funds.............................................34.4
Two-day rule............................................17.5
U
Unanimous consent:
For a Senator to change or withdraw his vote
12.1
For reconsideration of a question...................13.1
To proceed to the consideration of a subject
7.2, 8.2
To suspend a rule......................................5
To suspend reading of Journal........................4.1
To take a final vote on a specific date.............12.4
Unfinished business..............................10.1, 19.1b
Unofficial office accounts................................38
V
Veterans' Affairs, Committee on........................25.1p
Vice President (see also Presiding Officer):
Absence of......................................1.1, 1.2
Voting....................................................12
By proxy............................................26.7
Committee...........................................26.7
Conflict of interest................................12.3
Reconsideration.......................................13
Senator declining to vote...........................12.2
Unanimous consent to take a final vote on a
specific date.....................................12.4
Yeas and nays.......................................12.1
W
Withdrawal of papers....................................11.2
Witnesses, committee..............................26.1, 26.4
Authority to summon.................................26.1
Selected by minority................................26.4
To file advance statements.........................26.4b
Y
Yeas and nays...........................................12.1
Conflict of interest................................12.3
------------------------------------------------------------
CROSS-REFERENCE TABLE TO PROVISIONS OF THE CONGRESSIONAL
BUDGET AND IMPOUNDMENT CONTROL ACT OF 1974, AS AMENDED,
RELATING TO THE OPERATION OF THE SENATE
------------------------------------------------------------
Many provisions of the Congressional Budget and
Impoundment Control Act of 1974\1\, including amendments
made by the Balanced Budget and Emergency Deficit Control
Act of 1985,\2\ the Federal Credit Reform Act of 1990,\3\
the Unfunded Mandates Reform Act of 1995,\4\ and the
Balanced Budget Act of 1997,\5\ relate directly to the
organization and internal operation of the United States
Senate, and in effect constitute extensions of or additions
to the Standing Rules themselves. Those provisions are
carried in the Senate Manual in their appropriately codified
form under the heading ``General and Permanent Laws Relating
to the United States Senate'' (Extracts from the United
States Code). The following cross-reference table shows
their respective United States Code citations and indicates
by Senate Manual section numbers their location in this
volume.
---------------------------------------------------------------------------
\1\ Pub. L. 93-344, July 12, 1974, 88 Stat. 297.
\2\ Pub. L. 99-177, Dec. 12, 1985, 99 Stat. 1039.
\3\ Pub. L. 101-508, Nov. 5, 1990, 104 Stat. 1388-602.
\4\ Pub. L. 104-4, Mar. 22, 1995, 109 Stat. 50.
\5\ Pub. L. 105-33, Aug. 5, 1997, 111 Stat. 251.
BUDGET CONTROL ACT OF 1974 (TABLE)
55
Congressional Budget and Impoundment Control Act of 1974, as
amended \1\
[Provisions applicable to Senate]
------------------------------------------------------------
U.S. Code Senate
Section ------------- Manual
No. Subject Section
Title Section No.
------------------------------------------------------------
2 Declaration of purpose....... 2 621 399.39-1
3 Definitions.................. 2 622 399.39-2
Title I--Establishment of
House and Senate Budget
Committees
* * * * *
Title II--Congressional
Budget Office
201 Establishment................ 2 601 399.36
202 Duties and functions......... 2 602 399.37
203 Public access to budget data. 2 603 399.38
Title III--Congressional
Budget Process
subchapter i.--congressional
budget process
300 Timetable.................... 2 631 399.39-4
301 Annual adoption of a
concurrent resolution on
the budget................. 2 632 399.39-5
302 Committee allocations........ 2 633 399.39-6
303 Concurrent resolution on the
budget must be adopted
before budget-related
legislation is considered.. 2 634 399.39-7
304 Permissible revisions of
concurrent resolutions on
the budget................. 2 635 399.39-8
305 Provisions relating to
consideration of concurrent
resolutions on the budget.. 2 636 399.39-9
306 Legislation dealing with
congressional budget must
be handled by budget
committees................. 2 637 399.39-10
307 House committee action on all
appropriation bills to be
completed by June 10....... 2 638 399.39-11
308 Reports, summaries, and
projections of
congressional budget
actions.................... 2 639 399.39-12
309 House approval of regular
appropriation bills........ 2 640 399.39-13
310 Reconciliation............... 2 641 399.39-14
311 Budget-related legislation
must be within appropriate
levels..................... 2 642 399.39-15
312 Determinations and points of
order...................... 2 643 399.39-15a
313 Extraneous matter in
reconciliation legislation. 2 644 399.39-15b
314 Adjustments.................. 2 645 399.39-
15c \1\ Sections excluded are not included in
the Senate Manual.
BUDGET CONTROL ACT OF 1974 (TABLE)
Congressional Budget and Impoundment Control Act of 1974, as
amended--Continued
[Provisions applicable to Senate]
------------------------------------------------------------
U.S. Code Senate
Section ------------- Manual
No. Subject Section
Title Section No.
------------------------------------------------------------
Title IV--Additional
Provisions To Improve
Fiscal Procedures
subchapter ii.--fiscal
procedures part a.--
general provisons
401 Budget-related legislation
not subject to
appropriations............. 2 651 399.39-16
402 Analysis by Congressional
Budget Office.............. 2 653 399.39-18
404 Study by General Accounting
Office of forms of Federal
financial commitment not
reviewed annually by
Congress................... 2 654 399.39-19
405 Off-budget agencies,
programs, and activities... 2 655 399.39-20
part b.--federal mandates
421 Definitions.................. 2 658 399.39-21
422 Exclusions................... 2 658 399.39-21a
423 Duties of congressional
committees................. 2 658 399.39-21b
424 Duties of the Director;
statements on bills and
joint resolutions other
than appropriations bills
and joint resolutions...... 2 658 399.39-21c
425 Legislation subject to point
of order................... 2 658 399.39-21d
427 Requests to the Congressional
Budget Office from Senators 2 658 399.39-21f
428 Clarification of application. 2 658 399.39-21g
Title V--Credit Reform
501 Purposes..................... 2 661 399.39-22
502 Definitions.................. 2 661 399.39-22a
503 OMB and CBO analysis,
coordination and review.... 2 661 399.39-22b
504 Budgetary treatment.......... 2 661 399.39-22c
505 Authorizations............... 2 661 399.39-22d
Title VI--Amendments to
Budget and Accounting Act,
1921
Repealed. Pub. L. 105-33,
Sec. 10118(a), 111 Stat.
695........................
BUDGET CONTROL ACT OF 1974 (TABLE)
Congressional Budget and Impoundment Control Act of 1974, as
amended--Continued
[Provisions applicable to Senate]
------------------------------------------------------------
U.S. Code Senate
Section ------------- Manual
No. Subject Section
Title Section No.
------------------------------------------------------------
Title VII--Program Review
and Evaluation
* 701 Congressional information.... 31 1113 488
703 Continuing study of
additional budget reform
proposals.................. 2 623 399.39-3
Title VIII--Fiscal and
Budgetary Information and
Controls
* 802 Budget and appropriations
authority of the President. 31 1104 483.1
Title IX--Miscellaneous
Provisions; Effective
Dates
904 Exercise of rulemaking powers 399.39-30
Referral of matters dealing
with rescissions and
deferrals.................. 399.39-32
Joint referral of legislation
affecting the budget
process.................... 399.39-33
* * * * *
Title X--Impoundment Control
part a--general provisions
1001 Disclaimer................... 2 681 399.39-24
* * * * *
part b--congressional
consideration of
proposed
rescissions,
reservations, and
deferrals of budget
authority
1011 Definitions.................. 2 682 399.39-24a
1012 Rescission of budget
authority.................. 2 683 399.39-24b
1013 Proposed deferrals of budget
authority.................. 2 684 399.39-25
1014 Transmission of messages;
publication................ 2 685 399.39-26
1015 Reports by Comptroller
General.................... 2 686 399.39-27
1016 Suits by Comptroller General. 2 687 399.39-28
1017 Procedure in House and Senate 2 688 399.39-29
part c--line item veto
1021 Line item veto authority..... 691 399.39-34
1022 Special messages............. 691 399.39-34a
1023 Cancellation effective unless
disapproved................ 691 399.39-34b
* Codified to positive law as part of title
31, United States Code, pursuant to Pub. L. 97-258.
BUDGET CONTROL ACT OF 1974 (TABLE)
Congressional Budget and Impoundment Control Act of 1974, as
amended--Continued
[Provisions applicable to Senate]
------------------------------------------------------------
U.S. Code Senate
Section ------------- Manual
No. Subject Section
Title Section No.
------------------------------------------------------------
1024 Deficit reduction............ 691 399.39-34c
1025 Expedited Congressional
consideration of
disapproval bills.......... 691 399.39-34d
1026 Definitions.................. 691 399.39-34e
1027 Identification of limited tax
benefits................... 691 399.39-34f
Judicial review.............. 692 399.39-35
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NONSTATUTORY STANDING ORDERS NOT EMBRACED IN THE RULES, AND
RESOLUTIONS AFFECTING THE BUSINESS OF THE SENATE
------------------------------------------------------------
60 PUBLIC ACCESS TO SENATE RECORDS AT THE NATIONAL ARCHIVES
60.1 Resolved, That any records of the Senate or any
committee of the Senate which are transferred to the General
Services Administration under rule XI of the Standing Rules
of the Senate and section 2114 of title 44, United States
Code, and which have been made public prior to their
transfer may be made available for public use.
60.2 Sec. 2. (a) Subject to such rules or regulations as the
Secretary of the Senate may prescribe, any other records of
the Senate or any committee of the Senate which are so
transferred may be made available for public use--
(1) in the case of investigative files relating
to individuals and containing personal data,
personnel records, and records of executive
nominations, when such files and records have been
in existence for fifty years; and
(2) in the case of all other such records, when
such records have been in existence for twenty
years.
(b) Notwithstanding the provisions of subsection (a),
any committee of the Senate may, by action of the full
committee, prescribe a different time when any of its
records may be made available for public use, under specific
conditions to be fixed by such committee, by giving notice
thereof to the Secretary of the Senate and the Administrator
of General Services.
60.3 Sec. 3. (a) This resolution shall not be construed to
authorize the public disclosure of any record pursuant to
section 2 if such disclosure is prohibited by law or
Executive order of the President.
(b) Notwithstanding the provisions of section 2, the
Secretary of the Senate may prohibit or restrict the public
disclosure of any record so transferred, other than any
record of a Senate committee, if he determines that public
disclosure of such record would not be in the public
interest and so notifies the Administrator of General
Services.
60.4 Sec. 4. The Secretary of the Senate shall transmit a
copy of this resolution to the Administrator of General
Services.
[S. Res. 474, 96-2, Dec. 1, 1980.]
61 PRINTING IN CONGRESSIONAL RECORD
Resolved, That hereafter no written or printed matter
shall be received for printing in the body of the
Congressional Record as a part of the remarks of any Senator
unless such matter (1) shall have been read orally by such
Senator on the floor of the Senate, or (2) shall have been
offered and received for printing in such manner as to
indicate clearly that the contents thereof were not read
orally by such Senator on the floor of the Senate. All such
matter shall be printed in the Record in accordance with the
rules prescribed by the Joint Committee on Printing. No
request shall be entertained by the Presiding Officer to
suspend by unanimous consent the requirements of this
resolution.
[S. Jour. 510, 80-1, July 23, 1947.]
62 SPECIAL DEPUTIES
Resolved, That the Sergeant at Arms of the Senate is
authorized and empowered from time to time to appoint such
special deputies as he may think necessary to serve process
or perform other duties devolved upon the Sergeant at Arms
by law or the rules or orders of the Senate, or which may
hereafter be devolved upon him, and in such case they shall
be officers of the Senate; and any act done or return made
by the deputies so appointed shall have like effect and be
of the same validity as if performed or made by the Sergeant
at Arms in person.
[S. Jour. 47, 51-1, Dec. 17, 1889.]
63 PERSONS NOT FULL-TIME EMPLOYEES OF SENATE \1\
Resolved, That hereafter, standing or select committees
employing the services of persons who are not full-time
employees of the Senate or any committee thereof shall
submit monthly reports to the Senate (or to the Secretary
during a recess or adjournment) showing (1) the name and
address of any such person; (2) the name and address of the
department or organization by whom his salary is paid; and
(3) the annual rate of compensation in each case.
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\1\See also paragraphs 4 and 6 of rule XLI of the
Standing Rules of the Senate, Senate Manual sections 41.4,
41.6.
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[S. Jour. 407, 78-2, Aug. 23, 1944.]
64 FLOWERS IN THE SENATE CHAMBER
Resolved, That until further orders the Sergeant at Arms
is instructed not to permit flowers to be brought into the
Senate Chamber.
[S. Jour. 261, 58-3, Feb. 24, 1905.]
Resolved, That notwithstanding the resolution of the
Senate of February 24, 1905, upon the death of a sitting
Senator, the majority leader and the minority leader may
permit a display of flowers to be placed upon the desk of
the deceased Senator on the day set aside for eulogies.
[S. Res. 221, 98-1, Sept. 15, 1983.]
65 SENATE PAGES
65.1 Resolved, That it shall be the duty of the Sergeant at
Arms to classify the pages of the Senate, so that at the
close of the present and each succeeding Congress, one-half
the number shall be removed * * *.
[S. Jour. 514, 33-1, July 17, 1854.]
65.2 Resolved, That until otherwise hereafter provided for by
law, there shall be paid out of the contingent fund of the
Senate such amounts as may be necessary to enable the
Secretary of the Senate to furnish educational services and
related items for Senate Pages in accordance with this
resolution.
Sec. 2. The Senate Page program shall be administered by
the Sergeant at Arms and Doorkeeper of the Senate and the
Secretaries for the majority and minority of the Senate. All
policy decisions regarding the operation of the Senate Page
program shall be made by the Senate management board, with
the concurrence of the majority and minority leaders of the
Senate.
Sec. 3. In order to provide educational services and
related items for Senate Pages, the Secretary of the Senate
is authorized to enter into a contract, agreement, or other
arrangement with the Board of Education of the District of
Columbia, or to provide such educational services and items
in such other manner as he may deem appropriate.
Sec. 4. The educational services under the Senate Page
program shall consist of an academic year comprising two
terms, and a Page serving in such program shall be in the
eleventh grade.
Sec. 5. The resolution shall take effect as of the date
of its approval.
[S. Res. 184, 98-1, July 29, 1983.]
65.3 Resolved, That the Secretary of the Senate is authorized
to withhold from the salary of each Senate page who resides
in the page residence hall an amount equal to the charge
imposed for lodging, meals, and related services, furnished
to such page in such hall. The amounts so withheld shall be
transferred by the Secretary of the Senate to the Clerk of
the House of Representatives for deposit by such Clerk in
the revolving fund, within the contingent fund of the House
of Representatives, for the page residence hall and page
meal plan, as established by H. Res. 64, 98th Congress.
[S. Res. 78, 98-1, Mar. 2, 1983.]
SEAL OF THE SENATE
66 Resolved, That the Secretary shall have the custody of
the seal, and shall use the same for the authentication of
process transcripts, copies, and certificates whenever
directed by the Senate; and may use the same to authenticate
copies of such papers and documents in his office as he may
lawfully give copies of.
[S. Jour. 194, 49-1, Jan. 20, 1886.]
66.1 SEAL OF PRESIDENT PRO TEMPORE
Resolved, That the President pro tempore of the Senate
is authorized to adopt and use an official seal of his
office.
Sec. 2. Expenses incident to the designing and
procurement of such seal shall be paid from the contingent
fund of the Senate upon vouchers signed by the President pro
tempore of the Senate.
Sec. 3. A description and illustration of the seal
adopted pursuant to this resolution shall be transmitted to
the General Services Administration for publication in the
Federal Register.
[S. Jour. 686, 83-2, Aug. 14, 1954.]
67 MARBLE BUSTS OF VICE PRESIDENTS
Resolved, That marble busts of those who have been Vice
Presidents of the United States shall be placed in the
Senate wing of the Capitol from time to time, that the
Architect of the Capitol is authorized, subject to the
advice and approval of the Senate committee on Rules and
Administration, to carry into the execution the object of
this resolution, and the expenses incurred in doing so shall
be paid out of the contingent fund of the Senate.
[S. Jour. 40, 55-2, Jan. 6, 1898; S. Jour. 173, 80-1, Mar.
28, 1947.]
68 READING OF WASHINGTON'S FAREWELL ADDRESS
Ordered, That, unless otherwise directed, on the twenty-
second day of February in each year, or if that day shall be
on Sunday, then on the day following, immediately after the
reading of the Journal, Washington's Farewell Address shall
be read to the Senate by a Senator to be designated for the
purpose by the Presiding Officer; and that thereafter the
Senate will proceed with its ordinary business.
[S. Jour. 103, 56-2, Jan. 24, 1901.]
69 REIMBURSEMENT OF WITNESS EXPENSES\1\
Resolved, That witnesses appearing before the Senate or
any of its committees may be authorized reimbursement for
per diem expenses incurred for each day while traveling to
and from the place of examination and for each day in
attendance. Such reimbursement shall be made on an actual
expense basis which shall not exceed the daily rate
prescribed by the Committee on Rules and Administration,
unless such limitation is specifically waived by such
committee. A witness may also be authorized reimbursement of
the actual and necessary transportation expenses incurred by
the witness in traveling to and from the place of
examination.
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\1\The Legislative Branch Appropriation Act, 1961 (July
12, 1960, Public Law 86-628, 74 Stat. 449), contained the
following restriction on advances of witness fees:
``No part of any appropriation disbursed by the
Secretary of the Senate shall be available hereafter for the
payment to any person, at the time of the service upon him
of a subpena requiring his attendance at any inquiry or
hearing conducted by any committee of the Congress or of the
Senate or any subcommittee of any such committee, of any
witness fee or any sum of money as an advance payment of any
travel or subsistence expense which may be incurred by such
person in responding to that subpena.''
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Sec. 2. (a) The provisions of this resolution shall be
effective with respect to all witness expenses incurred on
or after October 1, 1987.
(b) Senate Resolution 538, agreed to December 8, 1980,
is repealed effective on October 1, 1987.
[S. Res. 259, 100-1, Aug. 5, 1987.]
70 COMMITTEE ON APPROPRIATIONS AUTHORITY
Resolved, That for the purpose of obtaining and laying
factual data and information before the Senate Committee on
Appropriations, or any subcommittee thereof, for its
consideration in the discharge of its functions, the
chairman or acting chairman of said committee is hereby
authorized and directed, within the limit of funds made
available by resolutions of the Senate, to appoint and
employ such experts as he may deem necessary to obtain such
data and information, and such experts, upon the written
authority of the chairman or acting chairman, shall have the
right to examine the books, documents, papers, reports, or
other records of any department, agency, or establishment of
the Federal Government in the District of Columbia and
elsewhere; be it further
Resolved, That the said committee through its chairman
is hereby authorized, within the limit of funds made
available by resolutions of the Senate, to appoint
additional clerical help and assistants.
[S. Res. 193, 78-1, Oct. 14, 1943; S. Res. 281, 96-2, Mar.
11, 1980.]
72 CLOSING THE OFFICE OF A SENATOR OR SENATE LEADER WHO DIES OR
RESIGNS
Resolved, That (a)(1) In the case of the death or
resignation of a Senator during his term of office, the
employees in the office of such Senator who are on the
Senate payroll on the date of such death or resignation
shall be continued on such payroll at their respective
salaries for a period not to exceed sixty days, or such
greater number of days as may, in any particular case, be
established by the Senate Committee on Rules and
Administration as being required to complete the closing of
the office of such Senator. Such employees so continued on
the payroll of the Senate shall, while so continued, perform
their duties under the direction of the Secretary of the
Senate, and such Secretary shall remove from such payroll
any such employees who are not attending to the duties for
which their services are continued.
(2) If an employee of a Senator continued on the Senate
payroll pursuant to paragraph (1) resigns or is terminated
during the period required to complete the closing of the
office of such Senator, the Secretary of the Senate may
replace such employee by appointing another individual. Any
individual appointed as a replacement under the authority of
the preceding sentence shall be subject to the same terms of
employment, except for salary, as the employee such
individual replaces.
(b) In the case of the death or resignation of a Senator
while holding the office of President pro tempore, Deputy
President pro tempore, Majority Leader, Minority Leader,
Majority Whip, Minority Whip, Secretary of the Conference of
the Majority, or Secretary of the Conference of the
Minority, of the Senate, the employees of such office who
are on the payroll of the Senate on the date of such death
or resignation shall be continued on the Senate payroll in
like manner and under the same conditions as are employees
in the office of such Senator under subsection (a) of this
section.
(c) No employee of the Senate who is continued on the
payroll of the Senate under the preceding provisions of this
section on account of the death or resignation of a Senator
shall be continued on such payroll after the date of the
expiration of the term of office of such Senator as a
Senator, or, such later date as may, in any particular case,
be established by the Senate Committee on Rules and
Administration as being required to complete the closing of
the office of such Senator.
(d) Payment of salaries of employees who are continued
on the Senate payroll under authority of this section, and
payment of agency contributions with respect to such
salaries, shall be made from the account for Miscellaneous
Items within the contingent fund of the Senate.
(e) During any period for which the employees of the
office of a Senator, who has died or resigned, are continued
on the Senate payroll under the first section of this
resolution, official office expenses which are necessary in
closing such Senator's office (or offices in case of a
Senator who dies or resigns while holding an office referred
to in subsection (b) of this section) shall be made from the
account for Miscellaneous Items within the contingent fund
of the Senate upon vouchers approved by the Secretary of the
Senate; except that the aggregate of such expenses shall not
exceed an amount equal to one-tenth of such Senator's
official office expense account for the year in which he
died or resigned.
(f) Duties to be performed by the Secretary of the
Senate under this section and under section 2 of this
resolution shall be performed under the direction of the
Senate Committee on Rules and Administration.
Sec. 2. In the case of the death of any Senator, the
Secretary of the Senate may, with respect to any item of
expense for which payment had been authorized to be made
from such Senator's official office expense account, certify
for such deceased Senator for any sum already obligated but
not certified to at the time of such Senator's death for
payment to the person or persons designated as entitled to
such payment by such Secretary.
Sec. 3. (a) The Sergeant at Arms and Doorkeeper of the
Senate shall make such arrangements as may be necessary, in
accordance with such regulations as the Senate Committee on
Rules and Administration may prescribe, for:
(1) the funeral of a deceased Senator; and
(2) any committee appointed to attend the
funeral of a deceased Senator.
(b) Expenses incurred in carrying out the provisions of
subsection (a) of this section shall be paid from the
account for Miscellaneous Items within the contingent fund
of the Senate, on vouchers approved by the Sergeant at Arms
and Doorkeeper of the Senate.
Sec. 4. The following Senate resolutions are repealed:
S. Res. 5, 82d Congress (agreed to April 11, 1951), and S.
Res. 354, 95th Congress (agreed to January 20, 1978).
Sec. 5. (a) Except as provided in subsection (b) of this
section, the provisions of this resolution shall take effect
upon the date it is agreed to by the Senate.
(b) The first section of this resolution shall take
effect on the date that there is hereafter enacted a
provision of law which (1) makes inapplicable to any
employee of the Senate the provisions of the third paragraph
under the heading ``Clerical assistance to Senators'' of the
first section of the Legislative Appropriation Act for the
fiscal year ending June 30, 1928 (2 U.S.C. 92a), and (2)
repeals (A) the last paragraph under the heading ``Clerical
assistance to Senators'' of the first section of the
Legislative Branch Appropriation Act, 1944 (2 U.S.C. 92e),
(B) the last paragraph under the heading ``Clerical
assistance to Senators'' of the first section of the
Legislative Branch Appropriation Act, 1945 (2 U.S.C. 92e),
(C) the next-to-last paragraph under the heading ``Clerical
assistance to Senators'' of the first section of the
Legislative Branch Appropriation Act, 1946 (2 U.S.C. 92e),
and (D) the next-to-last paragraph under the heading
``Clerical assistance to Senators'' of the first section of
the Legislative Branch Appropriation Act, 1947 (2 U.S.C.
92e).
(c) After the date this resolution is agreed to, the
Chairman of the Senate Committee on Rules and Administration
shall make no further certifications under authority of
section 506(g) of the Supplemental Appropriations Act, 1973
(2 U.S.C. 58(g)).
[S. Res. 458, 98-2, Oct. 4, 1984; S. Res. 173, 100-1, Mar.
4, 1987.]
72.6 PAY OF COMMITTEE STAFF DISPLACED BY CHANGE OF CHAIRMAN OR
RANKING MINORITY MEMBER \1\
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\1\ S. Res. 9 established these provisions by amendment
to S. Res. 458 (Sec. 72 above).
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Sec. 6. (a) For purposes of this section:
(1) The term ``committee'' means a standing,
select or special committee, or commission of the
Senate, or a joint committee of the Congress whose
funds are disbursed by the Secretary of the Senate.
(2) The terms ``Chairman'' and ``Ranking
Minority Member'' means the Chairman, Vice Chairman,
Cochairman and Ranking Minority Member of a
committee.
(3) The term ``eligible staff member'' means an
individual who was an employee of a committee, or
subcommittee thereof, for at least one hundred and
eighty-three days (whether or not service was
continuous) prior to the termination of employment
as described in paragraph (4), and whose pay is
disbursed by the Secretary of the Senate.
(4) The term ``displaced staff member'' means an
eligible staff member whose service as an employee
of the Senate is terminated solely and directly as a
result of a change of the individual occupying the
position of Chairman or Ranking Minority Member of a
committee and who is certified as a displaced staff
member by the Chairman and Ranking Minority Member
of the committee to the Secretary of the Senate.
Such certification shall be made no later than 60
days from the date of such change.
(b) The Secretary of the Senate shall notify the
Committee on Rules and Administration of the name of each
displaced staff member.
(c)(1) Under regulations prescribed by the Committee on
Rules and Administration each displaced staff member shall,
upon application to the Secretary of the Senate and approval
by the Committee on Rules and Administration, continue to be
paid at their respective salaries for a period not to exceed
60 days following the staff member's date of termination or
until the staff member becomes otherwise gainfully employed,
whichever is earlier.
(2) A statement in writing by any such employee that he
was not gainfully employed during such period or the portion
thereof for which payment is claimed shall be accepted as
prima facie evidence that he was not so employed.
(d) Funds necessary to carry out the provisions of this
section shall be available as set forth in section 1(d).
[S. Res. 9, 103-1, Jan. 7, 1993.]
73 PAY OF CLERICAL AND OTHER ASSISTANTS AS AFFECTED BY
TERMINATION OF SERVICE OF APPOINTED SENATORS
Resolved, That in any case in which (1) a Senator is
appointed to fill any portion of an unexpired term, (2) an
election is thereafter held to fill the remainder of such
unexpired term, and (3) the Senator so appointed is not a
candidate or if a candidate is not elected at such election,
his clerical and other assistants on the payroll of the
Senate on the date of termination of his service shall be
continued on such roll at their respective salaries until
the expiration of thirty days following such date or until
they become otherwise gainfully employed, whichever is
earlier, such sums to be paid from the contingent fund of
the Senate. A statement in writing by any such employee that
he was not gainfully employed during such period or the
portion thereof for which payment is claimed shall be
accepted as prima facie evidence that he was not so
employed. The provisions of this resolution shall not apply
to an employee of any such Senator if on or before the date
of termination of his service he notifies the Disbursing
Office of the Senate in writing that he does not wish the
provisions of this resolution to apply to such employee.
[S. Jour. 421, 86-2, June 28, 1960.]
75 PRINTING OF THE EXECUTIVE JOURNAL
Resolved, That, beginning with the first session,
Ninetieth Congress, the Secretary of the Senate is
authorized to have printed not more than one hundred and
fifty copies of the Executive Journal for a session of the
Congress.
[S. Jour. 167, 90-1, Feb. 17, 1967.]
76 LOYALTY CHECKS ON SENATE EMPLOYEES \1\
Resolved, That hereafter when any person is appointed as
an employee of any committee of the Senate, of any Senator,
or of any office of the Senate the committee, Senator, or
officer having authority to make such appointment shall
transmit the name of such person to the Federal Bureau of
Investigation, together with a request that such committee,
Senator, or officer be informed as to any derogatory and
rebutting information in the possession of such agency
concerning the loyalty and reliability for security purposes
of such person, and in any case in which such derogatory
information is revealed such committee, Senator, or officer
shall make or cause to be made such further investigation as
shall have been considered necessary to determine the
loyalty and reliability for security purposes of such
person.
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\1\ This resolution has not been generally implemented
since the Federal Bureau of Investigation took the position
that it was not authorized to divulge the information
referred to in the resolution. However, the Bureau and the
Department of Defense cooperate with Senate committees and
offices which request security checks of specific employees
when it is considered necessary by a committee chairman or
officer of the Senate.
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Every such committee, Senator, and officer shall
promptly transmit to the Federal Bureau of Investigation a
list of the names of the incumbent employees of such
committee, Senator, or officer together with a request that
such committee, Senator, or officer be informed of any
derogatory and rebutting information contained in the files
of such agency concerning the loyalty and reliability for
security purposes of such employee.
[S. Jour. 144, 83-1, Mar. 6, 1953.]
77 AUTHORIZING SUIT BY SENATE COMMITTEES
Resolved, That hereafter any committee of the Senate is
hereby authorized to bring suit on behalf of and in the name
of the United States in any court of competent jurisdiction
if the committee is of the opinion that the suit is
necessary to the adequate performance of the powers vested
in it or the duties imposed upon it by the Constitution,
resolution of the Senate, or other law. Such suit may be
brought and prosecuted to final determination irrespective
of whether or not the Senate is in session at the time the
suit is brought or thereafter. The committee may be
represented in the suit either by such attorneys as it may
designate or by such officers of the Department of Justice
as the Attorney General may designate upon the request of
the committee. No expenditures shall be made in connection
with any such suit in excess of the amount of funds
available to the said committee. As used in this resolution,
the term ``committee'' means any standing or special
committee of the Senate, or any duly authorized subcommittee
thereof, or the Senate members of any joint committee.
[S. Jour. 572, 70-1, May 28, 1928.]
78 SENATE YOUTH PROGRAM
Whereas the continued vitality of our Republic depends, in
part, on the intelligent understanding of our political
processes and the functioning of our National Government
by the citizens of the United States; and
Whereas the durability of a constitutional democracy is
dependent upon alert, talented, vigorous competition for
political leadership; and
Whereas individual Senators have cooperated with various
private and university undergraduate and graduate
fellowship and internship programs relating to the work
of Congress; and
Whereas, in the high schools of the United States, there
exists among students who have been elected to student-
body offices in their sophomore, junior, or senior year
a potential reservoir of young citizens who are
experiencing their first responsibilities of service to
a constituency and who should be encouraged to deepen
their interest in and understanding of their country's
political processes: Now, therefore, be it
Resolved, That the Senate hereby expresses its
willingness to cooperate in a nationwide competitive high
school Senate youth program which would give several
representative high school students from each State a short
indoctrination into the operation of the United States
Senate and the Federal Government generally, if such a
program can be satisfactorily arranged and completely
supported by private funds with no expense to the Federal
Government.
Sec. 2. The Senate Committee on Rules and Administration
shall investigate the possibility of establishing such a
program and, if the committee determines such a program is
possible and advisable, it shall make the necessary
arrangements to establish the program.
Sec. 3. For the purpose of this resolution, the term
``State'' includes the Department of Defense education
system for dependents in overseas areas.
[S. Res. 324, 87-2, May 17, 1962; S. Res. 146, 97-1, July
30, 1981.]
78.1 Whereas by S. Res. 324 of the Eighty-seventh Congress,
agreed to May 17, 1962, the Senate expressed its
willingness to cooperate in a nationwide competitive
Senate youth program supported by private funds, which
would give representative high school students from each
State a short indoctrination into the operation of the
United States Senate and the Federal Government
generally, and authorized the Senate Committee on Rules
and Administration, if it should find such a program
possible and advisable, to make the necessary
arrangements therefor; and
Whereas the Committee on Rules and Administration, after
appropriate investigation, having determined such a
program to be not only possible but highly desirable,
authorized its establishment and with the support of the
leaders and other Members of the Senate and the
cooperation of certain private institutions made the
necessary arrangements therefor; and
Whereas, pursuant to such arrangements, and with the
cooperation of and participation by the offices of every
Member of the Senate and the Vice President, one hundred
and two student leaders representing all States of the
Union and the District of Columbia were privileged to
spend the period from January 28, 1963, through February
2, 1963, in the Nation's Capitol, thereby broadening
their knowledge and understanding of Congress and the
legislative process and stimulating their appreciation
of the importance of a freely elected legislature in the
perpetuation of our democratic system of government; and
Whereas by S. Res. 147 of the Eighty-eighth Congress, agreed
to May 27, 1963, another group of student leaders from
throughout the United States spent approximately one
week in the Nation's Capitol, during January 1964; and
Whereas it is the consensus of all who participated that the
above two programs were unqualifiedly successful, and in
all respects worthy and deserving of continuance; and
Whereas the private foundation which financed the initial
programs has graciously offered to support a similar
program during the year ahead: Now, therefore, be it
Resolved, That, until otherwise directed by the Senate
the Senate youth program authorized by S. Res. 324 of the
Eighty-seventh Congress, agreed to May 17, 1962, and
extended by S. Res. 147, agreed to May 27, 1963, may be
continued at the discretion of and under such conditions as
may be determined by the Committee on Rules and
Administration.
[S. Jour. 196, 88-2, Apr. 16, 1964.]
79 SELECT COMMITTEE ON ETHICS
Resolved, That (a) there is hereby established a
permanent select committee of the Senate to be known as the
Select Committee on Ethics (referred to hereinafter as the
``Select Committee'') consisting of six Members of the
Senate, of whom three shall be selected from members of the
majority party and three shall be selected from members of
the minority party. Members thereof shall be appointed by
the Senate in accordance with the provisions of paragraph 1
of rule XXIV of the Standing Rules of the Senate at the
beginning of each Congress. The Select Committee shall
select a chairman or a vice chairman from among its members.
For purposes of paragraph 4\1\ of rule XXV of the Standing
Rules of the Senate, service of a Senator as a member or
chairman of the Select Committee shall not be taken into
account.
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\1\ Changed from ``paragraph 6'' as a result of the
adoption of S. Res. 274, 96-1, Nov. 14, 1979.
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(b) Vacancies in the membership of the Select Committee
shall not affect the authority of the remaining members to
execute the functions of the committee, and shall be filled
in the same manner as original appointments thereto are
made.
(c)(1) A majority of the members of the Select Committee
shall constitute a quorum for the transaction of business
involving complaints and allegations of misconduct,
including the consideration of matters involving sworn
complaints, unsworn allegations or information, resultant
preliminary inquiries, initial reviews, investigations,
hearings, recommendations or reports, and matters relating
to S. Res. 400, agreed to May 19, 1976.
(2) Three members shall constitute a quorum for the
transaction of the routine business of the Select Committee
not covered by the first paragraph of this subparagraph,
including requests for opinions and interpretations
concerning the Code of Official Conduct or any other statute
or regulation under the jurisdiction of the Select
Committee, if one member of the quorum is a member of the
majority party and one member of the quorum is a member of
the minority party. During the transaction of routine
business any member of the Select Committee constituting the
quorum shall have the right to postpone further discussion
of a pending matter until such time as a majority of the
members of the Select Committee are present.
(3) The Select Committee may fix a lesser number as a
quorum for the purpose of taking sworn testimony.
(d) (Repealed by S. Res. 271, 96-1, Oct. 31, 1979.)
(e)(1) A member of the Select Committee shall be
ineligible to participate in any initial review or
investigation relating to his own conduct, the conduct of
any officer or employee he supervises, or the conduct of any
employee of any officer he supervises, or relating to any
complaint filed by him, and the determinations and
recommendations of the Select Committee with respect
thereto. For purposes of this subparagraph, a Member of the
Select Committee and an officer of the Senate shall be
deemed to supervise any officer or employee consistent with
the provision of paragraph 11 of rule XXXVII\1\ of the
Standing Rules of the Senate.
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\1\ Changed from ``paragraph 12 of rule XLV'' as a
result of the adoption of S. Res. 274, 96-1, Nov. 14, 1979;
further changed from ``paragraph 11 of rule XLV'' as a
result of the adoption of S. Res. 389, 96-2, Mar. 25, 1980.
---------------------------------------------------------------------------
(2) A member of the Select Committee may, at his
discretion, disqualify himself from participating in any
initial review or investigation pending before the Select
Committee and the determinations and recommendations of the
Select Committee with respect thereto. Notice of such
disqualification shall be given in writing to the President
of the Senate.
(3) Whenever any member of the Select Committee is
ineligible under paragraph (1) to participate in any initial
review or investigation or disqualifies himself under
paragraph (2) from participating in any initial review or
investigation, another Member of the Senate shall, subject
to the provisions of subsection (d), be appointed to serve
as a member of the Select Committee solely for purposes of
such initial review or investigation and the determinations
and recommendations of the Select Committee with respect
thereto. Any Member of the Senate appointed for such
purposes shall be of the same party as the Member who is
ineligible or disqualifies himself.
Sec. 2. (a) It shall be the duty of the Select Committee
to--
(1) receive complaints and investigate
allegations of improper conduct which may reflect
upon the Senate, violations of law, violations of
the Senate Code of Official Conduct, and violations
of rules and regulations of the Senate, relating to
the conduct of individuals in the performance of
their duties as Members of the Senate, or as
officers or employees of the Senate, and to make
appropriate findings of fact and conclusions with
respect thereto;
(2) recommend to the Senate by report or
resolution by a majority vote of the full committee
disciplinary action (including, but not limited to,
in the case of a Member: censure, expulsion, or
recommendation to the appropriate party conference
regarding such Member's seniority or positions of
responsibility; and, in the case of an officer or
employee: suspension or dismissal) to be taken with
respect to such violations which the Select
Committee shall determine, after according to the
individuals concerned due notice and opportunity for
hearing, to have occurred;
(3) recommend to the Senate, by report or
resolution, such additional rules or regulations as
the Select Committee shall determine to be necessary
or desirable to insure proper standards of conduct
by Members of the Senate, and by officers or
employees of the Senate, in the performance of their
duties and the discharge of their responsibilities;
and
(4) report violations by a majority vote of the
full committee of any law to the proper Federal and
State authorities.
(b)(1) Each sworn complaint filed with the Select
Committee shall be in writing, shall be in such form as the
Select Committee may prescribe by regulation, and shall be
under oath.
(2) For purposes of this section, ``sworn complaint''
means a statement of facts within the personal knowledge of
the complainant alleging a violation of law, the Senate Code
of Official Conduct, or any other rule or regulation of the
Senate relating to the conduct of individuals in the
performance of their duties as Members, officers, or
employees of the Senate.
(3) Any person who knowingly and willfully swears
falsely to a sworn complaint does so under penalty of
perjury, and the Select Committee may refer any such case to
the Attorney General for prosecution.
(4) For the purposes of this section, ``investigation''
is a proceeding undertaken by the Select Committee after a
finding, on the basis of an initial review, that there is
substantial credible evidence which provides substantial
cause for the Select Committee to conclude that a violation
within the jurisdiction of the Select Committee has
occurred.
(c)(1) No investigation of conduct of a Member or
officer of the Senate, and no report, resolution, or
recommendation relating thereto, may be made unless approved
by the affirmative recorded vote of not less than four
members of the Select Committee.
(2) No other resolution, report, recommendation,
interpretative ruling, or advisory opinion may be made
without an affirmative vote of a majority of the members of
the Select Committee voting.
(d)(1) When the Select Committee receives a sworn
complaint against a Member or officer of the Senate, it
shall promptly conduct an initial review of that complaint.
The initial review shall be of duration and scope necessary
to determine whether there is substantial credible evidence
which provides substantial cause for the Select Committee to
conclude that a violaton within the jurisdiction of the
Select Committee has occurred.
(2) If as a result of an initial review under paragraph
(1), the Select Committee determines by a recorded vote that
there is not such substantial credible evidence, the Select
Committee shall report such determination to the complainant
and to the party charged, together with an explanation of
the basis of such determination.
(3) If as a result of an initial review under paragraph
(1), the Select Committee determines that a violation is
inadvertent, technical, or otherwise of a de minimis nature,
the Select Committee may attempt to correct or prevent such
a violation by informal methods.
(4) If as the result of an initial review under
paragraph (1), the Select Committee determines that there is
such substantial credible evidence but that the violation,
if proven, is neither of a de minimis nature nor
sufficiently serious to justify any of the penalties
expressly referred to in subsection (a)(2), the Select
Committee may propose a remedy it deems appropriate. If the
matter is thereby resolved, a summary of the Select
Committee's conclusions and the remedy proposed shall be
filed as a public record with the Secretary of the Senate
and a notice of such filing shall be printed in the
Congressional Record.
(5) If as the result of an initial review under
paragraph (1), the Select Committee determines that there is
such substantial credible evidence, the Select Committee
shall promptly conduct an investigation if (A) the
violation, if proven, would be sufficiently serious, in the
judgment of the Select Committee, to warrant imposition of
one or more of the penalties expressly referred to in
subsection (a)(2), or (B) the violation, if proven, is less
serious, but was not resolved pursuant to paragraph (4)
above. Upon the conclusion of such investigation, the Select
Committee shall report to the Senate, as soon as
practicable, the results of such investigation together with
its recommendations (if any) pursuant to subsection (a)(2).
(6) Upon the conclusion of any other investigation
respecting the conduct of a Member or officer undertaken by
the Select Committee, the Select Committee shall report to
the Senate, as soon as practicable, the results of such
investigation together with its recommendations (if any)
pursuant to subsection (a)(2).
(e) When the Select Committee receives a sworn complaint
against an employee of the Senate, it shall consider the
complaint according to procedures it deems appropriate. If
the Select Committee determines that the complaint is
without substantial merit, it shall notify the complainant
and the accused of its determination, together with an
explanation of the basis of such determination.
(f) The Select Committee may, in its discretion, employ
hearing examiners to hear testimony and make findings of
fact and/or recommendations to the Select Committee
concerning the disposition of complaints.
(g) Notwithstanding any other provision of this section,
no initial review or investigation shall be made of any
alleged violation of any law, the Senate Code of Official
Conduct, rule, or regulation which was not in effect at the
time the alleged violation occurred. No provision of the
Senate Code of Official Conduct shall apply to or require
disclosure of any act, relationship, or transaction which
occurred prior to the effective date of the applicable
provision of the Code. The Select Committee may conduct an
initial review or investigation of any alleged violation of
a rule or law which was in effect prior to the enactment of
the Senate Code of Official Conduct if the alleged violation
occurred while such rule or law was in effect and the
violation was not a matter resolved on the merits by the
predecessor Select Committee.
(h) The Select Committee shall adopt written rules
setting forth procedures to be used in conducting
investigations of complaints.
(i) The Select Committee from time to time shall
transmit to the Senate its recommendation as to any
legislative measures which it may consider to be necessary
for the effective discharge of its duties.
Sec. 3. (a) The Select Committee is authorized to (1)
make such expenditures; (2) hold such hearings; (3) sit and
act at such times and places during the sessions, recesses,
and adjournment periods of the Senate; (4) require by
subpena or otherwise the attendance of such witnesses and
the production of such correpondence, books, papers, and
documents; (5) administer such oaths; (6) take such
testimony orally or by deposition; (7) employ and fix the
compensation of a staff director, a counsel, an assistant
counsel, one or more investigators, one or more hearing
examiners, and such technical, clerical, and other
assistants and consultants as it deems advisable; and (8) to
procure the temporary services (not in excess of one year)
or intermittent services of individual consultants, or
organizations thereof, by contract as independent
contractors or, in the case of individuals, by employment at
daily rates of compensation not in excess of the per diem
equivalent of the highest rate of compensation which may be
paid to a regular employee of the Select Committee.
(b)(1) The Select Committee is authorized to retain and
compensate counsel not employed by the Senate (or by any
department or agency of the executive branch of the
Government) whenever the Select Committee determines that
the retention of outside counsel is necessary or appropriate
for any action regarding any complaint or allegation, which,
in the determination of the Select Committee is more
appropriately conducted by counsel not employed by the
Government of the United States as a regular employee.
(2) Any investigation conducted under section 2 shall be
conducted by outside counsel as authorized in paragraph (1),
unless the Select Committee determines not to use outside
counsel.
(c) With the prior consent of the department or agency
concerned, the Select Committee may (1) utilize the
services, information, and facilities of any such department
or agency of the Government, and (2) employ on a
reimbursable basis or otherwise the services of such
personnel of any such department or agency as it deems
advisable. With the consent of any other committee of the
Senate, or any subcommittee thereof, the Select Committee
may utilize the facilities and the services of the staff of
such other committee or subcommittee whenever the chairman
of the Select Committee determines that such action is
necessary and appropriate.
(d) Subpenas may be issued (1) by the Select Committee
or (2) by the chairman and vice chairman, acting jointly.
Any such subpena shall be signed by the chairman or the vice
chairman and may be served by any person designated by such
chairman or vice chairman. The chairman of the Select
Committee or any member thereof may administer oaths to
witnesses.
(e)(1) The Select Committee shall prescribe and publish
such regulations as it feels are necessary to implement the
Senate Code of Official Conduct.
(2) The Select Committee is authorized to issue
interpretative rulings explaining and clarifying the
application of any law, the Code of Official Conduct, or any
rule or regulation of the Senate within its jurisdiction.
(3) The Select Committee shall render an advisory
opinion, in writing within a reasonable time, in response to
a written request by a Member or officer of the Senate or a
candidate for nomination for election, or election to the
Senate, concerning the application of any law, the Senate
Code of Official Conduct, or any rule or regulation of the
Senate within its jurisdiction to a specific factual
situation pertinent to the conduct or proposed conduct of
the person seeking the advisory opinion.
(4) The Select Committee may in its discretion render an
advisory opinion in writing within a reasonable time in
response to a written request by any employee of the Senate
concerning the application of any law, the Senate Code of
Official Conduct, or any rule or regulation of the Senate
within its jurisdiction to a specific factual situation
pertinent to the conduct or proposed conduct of the person
seeking the advisory opinion.
(5) Notwithstanding any provision of the Senate Code of
Official Conduct or any rule or regulation of the Senate,
any person who relies upon any provision or finding of an
advisory opinion in accordance with the provisions of
paragraphs (3) and (4) and who acts in good faith in
accordance with the provisions and findings of such advisory
opinion shall not, as a result of any such act, be subject
to any sanction by the Senate.
(6) Any advisory opinion rendered by the Select
Committee under paragraphs (3) and (4) may be relied upon by
(A) any person involved in the specific transaction or
activity with respect to which such advisory opinion is
rendered: Provided, however, That the request for such
advisory opinion included a complete and accurate statement
of the specific factual situation; and (B) any person
involved in any specific transaction or activity which is
indistinguishable in all its material aspects from the
transaction or activity with respect to which such advisory
opinion is rendered.
(7) Any advisory opinion issued in response to a request
under paragraph (3) or (4) shall be printed in the
Congressional Record with appropriate deletions to assure
the privacy of the individual concerned. The Select
Committee shall to the extent practicable, before rendering
an advisory opinion, provide any interested party with an
opportunity to transmit written comments to the Select
Committee with respect to the request for such advisory
opinion. The advisory opinions issued by the Select
Committee shall be compiled, indexed, reproduced, and made
available on a periodic basis.
(8) A brief description of a waiver granted under
section 102(a)(2)(B) of title I of Ethics in Government Act
of 1978\1\ or paragraph 1 of rule XXXV\2\ of the Standing
Rules of the Senate shall be made available upon request in
the Select Committee office with appropriate deletions to
assure the privacy of the individual concerned.
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\1\Changed from ``paragraph 2(c), of rule XLII'' as a
result of the adoption of S. Res. 220, 96-1, Aug. 3, 1979.
\2\Changed from ``paragraph 1 of rule XLIII'' as a
result of the adoption of S. Res. 389, 96-2, Mar. 25, 1980.
---------------------------------------------------------------------------
Sec. 4. The expenses of the Select Committee under this
resolution shall be paid from the contingent fund of the
Senate upon vouchers approved by the chairman of the Select
Committee.
Sec. 5. As used in this resolution, the term ``officer
or employee of the Senate'' means--
(1) an elected officer of the Senate who is not
a Member of the Senate;
(2) an employee of the Senate, any committee or
subcommittee of the Senate, or any Member of the
Senate;
(3) the Legislative Counsel of the Senate or any
employee of his office;
(4) an Official Reporter of Debates of the
Senate and any person employed by the Official
Reporters of Debates of the Senate in connection
with the performance of their official duties;
(5) a member of the Capitol Police force whose
compensation is disbursed by the Secretary of the
Senate;
(6) an employee of the Vice President if such
employee's compensation is disbursed by the
Secretary of the Senate;
(7) an employee of a joint committee of the
Congress whose compensation is disbursed by the
Secretary of the Senate.
[S. Res. 338, 88-2, July 24, 1964; S. Res. 368, 93-2, July
25, 1974; S. Res. 4, 95-1, Feb. 4, 1977; S. Res. 110, 95-1,
Apr. 1, 1977; S. Res. 230, 95-1, July 25, 1977; S. Res. 312,
95-1, Nov. 1, 1977; S. Res. 271, 96-1, Oct. 31, 1979; S.
Res. 78, 97-1, Feb. 24, 1981.]
79.1 SELECT COMMITTEE ON ETHICS--ADDITIONAL RESPONSIBILITY
Resolved, That the Senate assigns responsibility for
administering the reporting requirements of Title I of the
Ethics in Government Act of 1978 to the Select Committee on
Ethics.
[S. Res. 223, 96-1, Aug. 2, 1979.]
79.1-1 SELECT COMMITTEE ON ETHICS--CHAIRMAN AND VICE CHAIRMAN
LEGISLATIVE ASSISTANTS CLERK-HIRE ALLOWANCE
Resolved, That effective October 31, 1979, service of a
Senator as the chairman or ranking minority member of the
Select Committee on Ethics shall not be taken into account
for purposes of applying section 111(b) of the Legislative
Branch Appropriation Act, 1978.
[S. Res. 290, 96-1, Nov. 27, 1979.]
79.1-2 AUTHORIZING THE SELECT COMMITTEE ON ETHICS TO PROVIDE
TRAINING ASSISTANCE TO ITS PROFESSIONAL STAFF
Resolved, That the Select Committee on Ethics
(hereinafter referred to as the ``Select Committee'') is
authorized, with the approval of the Committee on Rules and
Administration, to provide assistance for members of its
professional staff in obtaining specialized training,
whenever the Select Committee determines that such training
will aid it in the discharge of its responsibilities.
Sec. 2. (a) Assistance provided under authority of this
resolution may be in the form of continuance of pay during
periods of training or grants of funds to pay tuition, fees,
or such other expenses of training, or both, as may be
approved by the Committee on Rules and Administration.
(b) The Select Committee shall obtain from any employee
receiving such assistance such agreement with respect to
continued employment with the Select Committee as it may
deem necessary to assure that it will receive the benefits
of such employee's services upon completion of his training.
Sec. 3. The expenses of the Select Committee in
providing assistance under authority of this resolution
shall be paid from the contingent fund of the Senate upon
vouchers approved by the chairman of the Select Committee.
[S. Res. 425, 97-2, Aug. 12, 1982.]
79.2 AWARD OF SERVICE PINS OR EMBLEMS
Resolved, That the Committee on Rules and Administration
is hereby authorized to provide for the awarding of service
pins or emblems to Members, officers, and employees of the
Senate, and to promulgate regulations governing the awarding
of such pins or emblems. Such pins or emblems shall be of a
type appropriate to be attached to the lapel of the wearer,
shall be of such appropriate material and design, and shall
contain such characters, symbols, or other matter, as the
committee shall select.
Sec. 2. The Secretary of the Senate, under direction of
the committee and in accordance with regulations promulgated
by the committee, shall procure such pins or emblems and
award them to Members, officers, and employees of the Senate
who are entitled thereto.
Sec. 3. The expenses incurred in procuring such pins or
emblems shall be paid from the contingent fund of the Senate
on vouchers signed by the chairman of the committee.
[S. Jour. 45, 89-1, Sept. 10, 1965.]
79.3 DESIGNATION OF THE ``DANIEL WEBSTER DESK''
Resolved, That during the Ninety-fourth Congress and
each Congress thereafter, the desk located within the Senate
Chamber and commonly referred to as the ``Daniel Webster
Desk'' shall, at the request of the senior Senator from the
State of New Hampshire, be assigned to such Senator for use
in carrying out his or her Senatorial duties during that
Senator's term of office.
[S. Res. 469, 93-2, Dec. 19, 1974.]
79.4 COMMISSION ON ART AND ANTIQUITIES OF THE UNITED STATES
SENATE \1\
79.6 STANDARDS OF CONDUCT FOR MEMBERS OF THE SENATE AND OFFICERS
AND EMPLOYEES OF THE SENATE
Resolved, It is declared to be the policy of the Senate
that--
---------------------------------------------------------------------------
\1\ Became Senate Commission on Art, and enacted into
permanent law by Pub.L. 100-696, Nov. 18, 1988. See 40
U.S.C. 188(a), (b); Senate Manual sections 522 a, b.
---------------------------------------------------------------------------
(a) The ideal concept of public office, expressed by the
words, ``A public office is a public trust'', signifies that
the officer has been entrusted with public power by the
people; that the officer holds this power in trust to be
used only for their benefit and never for the benefit of
himself or of a few; and that the officer must never conduct
his own affairs so as to infringe on the public interest.
All official conduct of Members of the Senate should be
guided by this paramount concept of public office.
(b) These rules, as the written expression of certain
standards of conduct, complement the body of unwritten but
generally accepted standards that continue to apply to the
Senate.
* * * * * *
[S. Jour. 247, 90-2, Mar. 22, 1968.]
79.7 OFFICE OF DEPUTY PRESIDENT PRO TEMPORE
Resolved, That, effective January 5, 1977, there is
hereby established in the United States Senate the Office of
Deputy President Pro Tempore.
Sec. 2. Any Member of the Senate who has held the Office
of President of the United States or Vice President of the
United States shall be a Deputy President pro tempore.
Sec. 3. [Superseded.]
Sec. 4. The Sergeant at Arms and Doorkeeper is
authorized (a) to provide, by lease or purchase, and
maintain an automobile for each Deputy President pro
tempore, and (b) to employ and fix the compensation of a
driver-messenger for each Deputy President pro tempore at
not to exceed $18,584\1\ per annum.
---------------------------------------------------------------------------
\1\ Superseded by 2 U.S.C. 61f-7, Pub. L. 97-51, Oct. 1,
1981, Sec. 116, 95 Stat. 963. See Senate Manual section
258.5.
---------------------------------------------------------------------------
Sec. 5. [Superseded.]
Sec. 6. [Superseded.]
Sec. 7. Until otherwise provided by law, the Secretary
of the Senate is authorized to pay from the contingent fund
of the Senate such amounts as may be necessary, for salaries
and expenses, to carry out the provisions of this
resolution. Expenses incurred under section 4(a) of this
resolution shall be paid upon vouchers approved by the
Sergeant at Arms and Doorkeeper. Vouchers shall not be
required for the disbursement of salaries of employees paid
under authority of this resolution.
[S. Res. 17, 95-1, Jan. 10, 1977.]
Resolved, That (a) In addition to Senators who hold the
office of Deputy President pro tempore under authority of S.
Res. 17 of the 95th Congress (agreed to January 10, 1977),
any other Member of the Senate who is designated as such by
the Senate in a Senate resolution shall be the Deputy
President pro tempore of the Senate, and shall hold office
at the pleasure of the Senate during the 100th Congress.
(b) The Deputy President pro tempore who is designated
as such pursuant to the authority contained in this
resolution is authorized to appoint and fix the compensation
of such employees as he deems appropriate: Provided, That
the gross compensation paid to such employees shall not
exceed $90,000 for any fiscal year.
(c) The following provisions shall not be applicable to
the Deputy President pro tempore who is designated as such
pursuant to the authority contained in this resolution:
(1) the provisions of S. Res. 17 of the 95th Congress
(agreed to January 10, 1977);
(2) the provisions relating to compensation of a Deputy
President pro tempore which appear in chapter VIII of title
I of the Supplemental Appropriations Act, 1977, and which
are carried in section 32a of title 2, United States Code;
and
(3) the provisions relating to staff of a Deputy
President pro tempore which appear in chapter VIII of title
I of the Supplemental Appropriations Act, 1977, and which
are carried in section 611 of title 2, United States Code.
(d) Salaries under authority of this section shall be
paid from any funds available in the Senate appropriation
account for Salaries, Officers and Employees.
Sec. 2. (a) The Sergeant at Arms and Doorkeeper is
authorized to provide, by lease or purchase, and maintain an
automobile for the former President pro tempore.
(b) The Secretary of the Senate is authorized to pay
from the contingent fund of the Senate such amounts as may
be necessary for expenses to carry out the provisions of
this section. Such expenses shall be paid upon vouchers
approved by the Sergeant at Arms and Doorkeeper.
[S. Res. 90, 100-1, Jan. 28, 1987.]
79.8
designating the old senate office building and the new
senate office building as the ``richard brevard russell
senate office building'' and the ``everett mckinley
dirksen senate office building'', respectively
Resolved, That insofar as concerns the Senate--
(1) the Senate Office building referred to as
the Old Senate Office Building and constructed under
authority of the Act of April 28, 1904 (33 Stat.
452, 481), is designated, and shall be known as, the
``Richard Brevard Russell Senate Office Building'';
and
(2) the additional office building for the
Senate referred to as the New Senate Office Building
and constructed under the provisions of the Second
Deficiency Appropriation Act of 1948 (62 Stat.
1928), is designated, and shall be known as, the
``Everett McKinley Dirksen Senate Office Building''.
Sec. 2. Any rule, regulation, document, or record of the
Senate, in which reference is made to either building
referred to in the first section of this resolution, shall
be held and considered to be a reference to such building by
the name designated for such building by the first section
of this resolution.
Sec. 3. The Committee on Rules and Administration shall
place appropriate markers or inscriptions at suitable
locations within the buildings referred to in the first
section of this resolution to commemorate and designate such
buildings as provided in this resolution. Expenses incurred
under this resolution shall be paid from the contingent fund
of the Senate upon vouchers approved by the chairman of the
committee.
[S. Jour. 1197, 92-2, Oct. 11, 1972; S. Res. 295, 96-1, Dec.
3, 1979.]
79.9
designating the extension to the dirksen senate office
building as the ``philip a. hart senate office
building''
Resolved, That insofar as concerns the Senate, the
extension of the Senate Office Building presently under
construction pursuant to the Supplemental Appropriations
Act, 1973 (86 Stat. 1510), is designated and shall be known
as the ``Philip A. Hart Senate Office Building'', when
completed.
Sec. 2. Any rule, regulation, document, or record of the
Senate, in which reference is made to the building referred
to in the first section of this resolution, shall be held
and considered to be a reference to such building by the
name designated for such building by the first section of
this resolution.
Sec. 3. The Committee on Rules and Administration shall
place appropriate markers or inscriptions at suitable
locations within the building referred to in the first
section of this resolution to commemorate and designate such
building as provided in this resolution. Expenses incurred
under this resolution shall be paid from the contingent fund
of the Senate upon vouchers approved by the chairman of the
committee.
[S. Res. 525, 94-2, Aug. 30, 1976; S. Res. 295, 96-1, Dec.
3, 1979.]
79.10 PRINTING OF MEMORIAL TRIBUTES TO DECEASED FORMER MEMBERS OF
THE SENATE
Resolved, That when the Senate orders the printing as a
Senate document of the legislative proceedings in the United
States Congress relating to the death of a former United
States Senator, such document shall be prepared, printed,
bound, and distributed, except to the extent otherwise
provided by the Joint Committee on Printing under chapter 1
of title 44, United States Code, in the same manner and
under the same conditions as memorial addresses on behalf of
Members of Congress dying in office are printed under
sections 723 and 724 of such title.
[S. Jour. 293, 93-1, Apr. 6, 1973.]
79.11 SENATE PARLIAMENTARIAN EMERITUS
Whereas the Senate has been advised of the retirement of its
Parliamentarian, Floyd M. Riddick, at the end of this
session: Therefore be it
Resolved, That, effective at the sine die adjournment of
this session, as a token of the appreciation of the Senate
for his long and faithful service, Floyd M. Riddick is
hereby designated as Parliamentarian Emeritus of the United
States Senate.
[S. Jour. 1519, 93-2, Dec. 5, 1974.]
Resolved, That Murray Zweben be, and he is hereby,
designated as a Parliamentarian Emeritus of the United
States Senate.
[S. Res. 297, 98-1, Nov. 18, 1983.]
Resolved, That Robert B. Dove be, and he is hereby,
designated as a Parliamentarian Emeritus of the United
States Senate.
[S. Res. 32, 100-1, Jan. 6, 1987.]
Resolved, That Alan Scott Frumin be, and he is hereby
designated as a Parliamentarian Emeritus of the United
States Senate.
[S. Res. 23, 105-1, Jan. 23, 1997.]
79.12 CONSULTANTS FOR THE COMMITTEE ON APPROPRIATIONS
Resolved, That within the limit of funds appropriated
for expenses of inquiries and investigations for the
Committee on Appropriations, the committee may expend such
sums as it deems appropriate and necessary for the
procurement of the services of individual consultants or
organizations. Such services in the case of individuals or
organizations may be procured by contract as independent
contractors, or in the case of individuals by employment at
daily rates of compensation not in excess of the per diem
equivalent of the highest gross rate of compensation which
may be paid to a regular employee of the committee. Such
contracts may be made in the same manner and subject to the
same conditions with respect to advertising as required of
other standing committees of the Senate under section
202(i)(2) of the Legislative Reorganization Act of 1946, as
amended.
[S. Res. 140, 94-1, May 14, 1975.]
79.13 SELECT COMMITTEE ON INTELLIGENCE
Resolved, That it is the purpose of this resolution to
establish a new select committee of the Senate, to be known
as the Select Committee on Intelligence, to oversee and make
continuing studies of the intelligence activities and
programs of the United States Government, and to submit to
the Senate appropriate proposals for legislation and report
to the Senate concerning such intelligence activities and
programs. In carrying out this purpose, the Select Committee
on Intelligence shall make every effort to assure that the
appropriate departments and agencies of the United States
provide informed and timely intelligence necessary for the
executive and legislative branches to make sound decisions
affecting the security and vital interests of the Nation. It
is further the purpose of this resolution to provide
vigilant legislative oversight over the intelligence
activities of the United States to assure that such
activities are in conformity with the Constitution and laws
of the United States.
Sec. 2. (a) (1) There is hereby established a select
committee to be known as the Select Committee on
Intelligence (hereinafter in this resolution referred to as
the ``select committee''). The select committee shall be
composed of fifteen\1\ members appointed as follows:
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\1\ See paragraph 3(b) of rule XXV of the Standing
Rules, Senate Manual section 25.3b.
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(A) two members from the Committee on
Appropriations;
(B) two members from the Committee on Armed
Services;
(C) two members from the Committee on Foreign
Relations;
(D) two members from the Committee on the
Judiciary; and
(E) seven members to be appointed from the
Senate at large.
(2) Members appointed from each committee named in
clauses (A) through (D) of paragraph (1) shall be evenly
divided between the two major political parties and shall be
appointed by the President pro tempore of the Senate upon
the recommendations of the majority and minority leaders of
the Senate. Four of the members appointed under clause (E)
of paragraph (1) shall be appointed by the President pro
tempore of the Senate upon the recommendation of the
majority leader of the Senate and three shall be appointed
by the President pro tempore of the Senate upon the
recommendation of the minority leader of the Senate.
(3) The majority leader of the Senate and the minority
leader of the Senate shall be ex officio members of the
select committee but shall have no vote in the committee and
shall not be counted for purposes of determining a quorum.
(b) No Senator may serve on the select committee for
more than eight years of continuous service, exclusive of
service by any Senator on such committee during the Ninety-
fourth Congress. To the greatest extent practicable, one-
third of the Members of the Senate appointed to the select
committee at the beginning of the Ninety-seventh Congress
and each Congress thereafter shall be Members of the Senate
who did not serve on such committee during the preceding
Congress.
(c) At the beginning of each Congress, the Members of
the Senate who are members of the majority party of the
Senate shall elect a chairman for the select committee, and
the Members of the Senate who are from the minority party of
the Senate shall elect a vice chairman for such committee.
The vice chairman shall act in the place and stead of the
chairman in the absence of the chairman. Neither the
chairman nor the vice chairman of the select committee shall
at the same time serve as chairman or ranking minority
member of any other committee referred to in paragraph
4(e)(1)\1\ of rule XXV of the Standing Rules of the Senate.
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\1\Changed from ``paragraph 6(e)(1)'' as a result of the
adoption of S. Res. 274, 96-1, Nov. 14, 1979.
---------------------------------------------------------------------------
Sec. 3. (a) There shall be referred to the select
committee all proposed legislation, messages, petitions,
memorials, and other matters relating to the following:
(1) The Central Intelligence Agency and the
Director of Central Intelligence.
(2) Intelligence activities of all other
departments and agencies of the Government,
including, but not limited to, the intelligence
activities of the Defense Intelligence Agency, the
National Security Agency, and other agencies of the
Department of Defense; the Department of State; the
Department of Justice; and the Department of the
Treasury.
(3) The organization or reorganization of any
department or agency of the Government to the extent
that the organization or reorganization relates to a
function or activity involving intelligence
activities.
(4) Authorizations for appropriations, both
direct and indirect, for the following:
(A) The Central Intelligence Agency and
Director of Central Intelligence.
(B) The Defense Intelligence Agency.
(C) The National Security Agency.
(D) The intelligence activities of other
agencies and subdivisions of the Department
of Defense.
(E) The intelligence activities of the
Department of State.
(F) The intelligence activities of the
Federal Bureau of Investigation, including
all activities of the Intelligence Division.
(G) Any department, agency, or
subdivision which is the successor to any
agency named in clause (A), (B), or (C); and
the activities of any department, agency, or
subdivision which is the successor to any
department, agency, bureau, or subdivision
named in clause (D), (E), or (F) to the
extent that the activities of such successor
department, agency, or subdivision are
activities described in clause (D), (E), or
(F).
(b) Any proposed legislation reported by the select
committee, except any legislation involving matters
specified in clause (1) or (4)(A) of subsection (a),
containing any matter otherwise within the jurisdiction of
any standing committee shall, at the request of the chairman
of such standing committee, be referred to such standing
committee for its consideration of such matter and be
reported to the Senate by such standing committee within
thirty days after the day on which such proposed legislation
is referred to such standing committee; and any proposed
legislation reported by any committee, other than the select
committee, which contains any matter within the jurisdiction
of the select committee shall, at the request of the
chairman of the select committee, be referred to the select
committee for its consideration of such matter and be
reported to the Senate by the select committee within thirty
days after the day on which such proposed legislation is
referred to such committee. In any case in which a committee
fails to report any proposed legislation referred to it
within the time limit prescribed herein, such committee
shall be automatically discharged from further consideration
of such proposed legislation on the thirtieth day following
the day on which such proposed legislation is referred to
such committee unless the Senate provides otherwise. In
computing any thirty-day period under this paragraph there
shall be excluded from such computation any days on which
the Senate is not in session.
(c) Nothing in this resolution shall be construed as
prohibiting or otherwise restricting the authority of any
other committee to study and review any intelligence
activity to the extent that such activity directly affects a
matter otherwise within the jurisdiction of such committee.
(d) Nothing in this resolution shall be construed as
amending, limiting, or otherwise changing the authority of
any standing committee of the Senate to obtain full and
prompt access to the product of the intelligence activities
of any department or agency of the Government relevant to a
matter otherwise within the jurisidiction of such committee.
Sec. 4. (a) The select committee, for the purposes of
accountability to the Senate, shall make regular and
periodic reports to the Senate on the nature and extent of
the intelligence activities of the various departments and
agencies of the United States. Such committee shall promptly
call to the attention of the Senate or to any other
appropriate committee or committees of the Senate any
matters requiring the attention of the Senate or such other
committee or committees. In making such report, the select
committee shall proceed in a manner consistent with section
8(c)(2) to protect national security.
(b) The select committee shall obtain an annual report
from the Director of the Central Intelligence Agency, the
Secretary of Defense, the Secretary of State, and the
Director of the Federal Bureau of Investigation. Such
reports shall review the intelligence activities of the
agency or department concerned and the intelligence
activities of foreign countries directed at the United
States or its interest. An unclassified version of each
report may be made available to the public at the discretion
of the select committee. Nothing herein shall be construed
as requiring the public disclosure in such reports of the
names of individuals engaged in intelligence activities for
the United States or the divulging of intelligence methods
employed or the sources of information on which such reports
are based or the amount of funds authorized to be
appropriated for intelligence activities.
(c) On or before March 15 of each year, the select
committee shall submit to the Committee on the Budget of the
Senate the views and estimates described in section 301(c)
of the Congressional Budget Act of 1974 regarding matters
within the jurisdiction of the select committee.
Sec. 5. (a) For the purposes of this resolution, the
select committee is authorized in its discretion (1) to make
investigations into any matter within its jurisdiction, (2)
to make expenditures from the contingent fund of the Senate,
(3) to employ personnel, (4) to hold hearings, (5) to sit
and act at any time or place during the sessions, recesses,
and adjourned periods of the Senate, (6) to require, by
subpena or otherwise, the attendance of witnesses and the
production of correspondence, books, papers, and documents,
(7) to take depositions and other testimony, (8) to procure
the service of individual consultants or organizations
thereof, in accordance with the provisions of section 202(i)
of the Legislative Reorganization Act of 1946, and (9) with
the prior consent of the Government department or agency
concerned and the Committee on Rules and Administration, to
use on a reimbursable basis the services of personnel of any
such department or agency.
(b) The chairman of the select committee or any member
thereof may administer oaths to witnesses.
(c) Subpenas authorized by the select committee may be
issued over the signature of the chairman, the vice chairman
or any member of the select committee designated by the
chairman, and may be served by any person designated by the
chairman or any member signing the subpenas.
Sec. 6. No employee of the select committee or any
person engaged by contract or otherwise to perform services
for or at the request of such committee shall be given
access to any classified information by such committee
unless such employee or person has (1) agreed in writing and
under oath to be bound by the rules of the Senate (including
the jurisdiction of the Select Committee on Standards and
Conduct\1\ and of such committee as to the security of such
information during and after the period of his employment or
contractual agreement with such committee; and (2) received
an appropriate security clearance as determined by such
committee in consultation with the Director of Central
Intelligence. The type of security clearance to be required
in the case of any such employee or person shall, within the
determination of such committee in consultation with the
Director of Central Intelligence, be commensurate with the
sensitivity of the classified information to which such
employee or person will be given access by such committee.
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\1\Name changed to the Select Committee on Ethics by S.
Res. 4, 95-1, Feb. 4, 1977.
---------------------------------------------------------------------------
Sec. 7. The select committee shall formulate and carry
out such rules and procedures as it deems necessary to
prevent the disclosure, without the consent of the person or
persons concerned, of information in the possession of such
committee which unduly infringes upon the privacy or which
violates the constitutional rights of such person or
persons. Nothing herein shall be construed to prevent such
committee from publicly disclosing any such information in
any case in which such committee determines the national
interest in the disclosure of such information clearly
outweighs any infringement on the privacy of any person or
persons.
Sec. 8. (a) The select committee may, subject to the
provisions of this section, disclose publicly any
information in the possession of such committee after a
determination by such committee that the public interest
would be served by such disclosure. Whenever committee
action is required to disclose any information under this
section, the committee shall meet to vote on the matter
within five days after any member of the committee requests
such a vote. No member of the select committee shall
disclose any information, the disclosure of which requires a
committee vote, prior to a vote by the committee on the
question of the disclosure of such information or after such
vote except in accordance with this section.
(b)(1) In any case in which the select committee votes
to disclose publicly any information which has been
classified under established security procedures, which has
been submitted to it by the executive branch, and which the
executive branch requests be kept secret, such committee
shall notify the President of such vote.
(2) The select committee may disclose publicly such
information after the expiration of a five-day period
following the day on which notice of such vote is
transmitted to the President, unless, prior to the
expiration of such five-day period, the President,
personally in writing, notifies the committee that he
objects to the disclosure of such information, provides his
reasons therefor, and certifies that the threat to the
national interest of the United States posed by such
disclosure is of such gravity that it outweighs any public
interest in the disclosure.
(3) If the President, personally in writing, notifies
the select committee of his objections to the disclosure of
such information as provided in paragraph (2), such
committee may, by majority vote, refer the question of the
disclosure of such information to the Senate for
consideration. The committee shall not publicly disclose
such information without leave of the Senate.
(4) Whenever the select committee votes to refer the
question of disclosure of any information to the Senate
under paragraph (3), the chairman shall not later than the
first day on which the Senate is in session following the
day on which the vote occurs, report the matter to the
Senate for its consideration.
(5) One hour after the Senate convenes on the fourth day
on which the Senate is in session following the day on which
any such matter is reported to the Senate, or at such
earlier time as the majority leader and the minority leader
of the Senate jointly agree upon in accordance with
paragraph 5 of rule XVII of the Standing Rules of the
Senate,\1\ the Senate shall go into closed session and the
matter shall be the pending business. In considering the
matter in closed session the Senate may--
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\1\Changed from ``section 133(f) of the Legislative
Reorganization Act of 1946'' as a result of the adoption of
S. Res. 274, 96-1, Nov. 14, 1979; further changed from
``paragraph 5 of rule XXVII'' as a result of the adoption of
S. Res. 389, 96-2, Mar. 25, 1980.
---------------------------------------------------------------------------
(A) approve the public disclosure of all or any
portion of the information in question, in which
case the committee shall publicly disclose the
information ordered to be disclosed,
(B) disapprove the public disclosure of all or
any portion of the information in question, in which
case the committee shall not publicly disclose the
information ordered not to be disclosed, or
(C) refer all or any portion of the matter back
to the committee, in which case the committee shall
make the final determination with respect to the
public disclosure of the information in question.
Upon conclusion of the consideration of such matter in
closed session, which may not extend beyond the close of the
ninth day on which the Senate is in session following the
day on which such matter was reported to the Senate, or the
close of the fifth day following the day agreed upon jointly
by the majority and minority leaders in accordance with
paragraph 5 of rule XVII of the Standing Rules of the
Senate\1\ (whichever the case may be), the Senate shall
immediately vote on the disposition of such matter in open
session, without debate, and without divulging the
information with respect to which the vote is being taken.
The Senate shall vote to dispose of such matter by one or
more of the means specified in clauses (A), (B), and (C) of
the second sentence of this paragraph. Any vote of the
Senate to disclose any information pursuant to this
paragraph shall be subject to the right of a Member of the
Senate to move for reconsideration of the vote within the
time and pursuant to the procedures specified in rule XIII
of the Standing Rules of the Senate, and the disclosure of
such information shall be made consistent with that right.
---------------------------------------------------------------------------
\1\Ibid.
---------------------------------------------------------------------------
(c)(1) No information in the possession of the select
committee relating to the lawful intelligence activities of
any department or agency of the United States which has been
classified under established security procedures and which
the select committee, pursuant to subsection (a) or (b) of
this section, has determined should not be disclosed shall
be made available to any person by a Member, officer, or
employee of the Senate except in a closed session of the
Senate or as provided in paragraph (2).
(2) The select committee may, under such regulations as
the committee shall prescribe to protect the confidentiality
of such information, make any information described in
paragraph (1) available to any other committee or any other
Member of the Senate. Whenever the select committee makes
such information available, the committee shall keep a
written record showing, in the case of any particular
information, which committee or which Members of the Senate
received such information. No Member of the Senate who, and
no committee which, receives any information under this
subsection, shall disclose such information except in a
closed session of the Senate.
(d) It shall be the duty of the Select Committee on
Standards and Conduct\2\ to investigate any unauthorized
disclosure of intelligence information by a Member, officer
or employee of the Senate in violation of subsection (c) and
to report to the Senate concerning any allegation which it
finds to be substantiated.
---------------------------------------------------------------------------
\2\Name changed to the Select Committee on Ethics by S.
Res. 4, 95-1, Feb. 4, 1977.
---------------------------------------------------------------------------
(e) Upon the request of any person who is subject to any
such investigation, the Select Committee on Standards and
Conduct\1\ shall release to such individual at the
conclusion of its investigation a summary of its
investigation together with its findings. If, at the
conclusion of its investigation, the Select Committee on
Standards and Conduct\1\ determines that there has been a
significant breach of confidentiality or unauthorized
disclosure by a Member, officer, or employee of the Senate,
it shall report its findings to the Senate and recommend
appropriate action such as censure, removal from committee
membership, or expulsion from the Senate, in the case of a
Member, or removal from office or employment or punishment
for contempt, in the case of an officer or employee.
Sec. 9. The select committee is authorized to permit any
personal representative of the President, designated by the
President to serve as a liaison to such committee, to attend
any closed meeting of such committee.
Sec. 10. Upon expiration of the Select Committee on
Governmental Operations With Respect to Intelligence
Activities, established by Senate Resolution 21, Ninety-
fourth Congress, all records, files, documents, and other
materials in the possession, custody, or control of such
committee, under appropriate conditions established by it,
shall be transferred to the select committee.
Sec. 11. (a) It is the sense of the Senate that the head
of each department and agency of the United States should
keep the select committee fully and currently informed with
respect to intelligence activities, including any
significant anticipated activities, which are the
responsibility of or engaged in by such department or
agency: Provided, That this does not constitute a condition
precedent to the implementation of any such anticipated
intelligence activity.
(b) It is the sense of the Senate that the head of any
department or agency of the United States involved in any
intelligence activities should furnish any information or
document in the possession, custody, or control of the
department or agency, or person paid by such department or
agency, whenever requested by the select committee with
respect to any matter within such committee's jurisdiction.
(c) It is the sense of the Senate that each department
and agency of the United States should report immediately
upon discovery to the select committee any and all
intelligence activities which constitute violations of the
constitutional rights of any person, violations of law, or
violations of Executive orders, presidential directives, or
departmental or agency rules or regulations; each department
and agency should further report to such committee what
actions have been taken or are expected to be taken by the
departments or agencies with respect to such violations.
Sec. 12. Subject to the Standing Rules of the Senate, no
funds shall be appropriated for any fiscal year beginning
after September 30, 1976, with the exception of a continuing
bill or resolution, or amendment thereto, or conference
report thereon, to, or for use of, any department or agency
of the United States to carry out any of the following
activities, unless such funds shall have been previously
authorized by a bill or joint resolution passed by the
Senate during the same or preceding fiscal year to carry out
such activity for such fiscal year:
(1) The activities of the Central Intelligence
Agency and the Director of Central Intelligence.
(2) The activities of the Defense Intelligence
Agency.
(3) The activities of the National Security
Agency.
(4) The intelligence activities of other
agencies and subdivisions of the Department of
Defense.
(5) The intelligence activities of the
Department of State.
(6) The intelligence activities of the Federal
Bureau of Investigation, including all activities of
the Intelligence Division.
Sec. 13. (a) The select committee shall make a study
with respect to the following matters, taking into
consideration with respect to each such matter, all relevant
aspects of the effectiveness of planning, gathering, use,
security, and dissemination of intelligence:
(1) the quality of the analytical capabilities
of United States foreign intelligence agencies and
means for integrating more closely analytical
intelligence and policy formulation;
(2) the extent and nature of the authority of
the departments and agencies of the executive branch
to engage in intelligence activities and the
desirability of developing charters for each
intelligence agency or department;
(3) the organization of intelligence activities
in the executive branch to maximize the
effectiveness of the conduct, oversight, and
accountability of intelligence activities; to reduce
duplication or overlap; and to improve the morale of
the personnel of the foreign intelligence agencies;
(4) the conduct of covert and clandestine
activities and the procedures by which Congress is
informed of such activities;
(5) the desirability of changing any law, Senate
rule or procedure, or any Executive order, rule, or
regulation to improve the protection of intelligence
secrets and provide from disclosure of information
for which there is no compelling reason for secrecy;
(6) the desirability of establishing a standing
committee of the Senate on intelligence activities;
(7) the desirability of establishing a joint
committee of the Senate and the House of
Representatives on intelligence activities in lieu
of having separate committees in each House of
Congress, or of establishing procedures under which
separate committees on intelligence activities of
the two Houses of Congress would receive joint
briefings from the intelligence agencies and
coordinate their policies with respect to the
safeguarding of sensitive intelligence information;
(8) the authorization of funds for the
intelligence activities of the Government and
whether disclosure of any of the amounts of such
funds is in the public interest; and
(9) the development of a uniform set of
definitions for terms to be used in policies or
guidelines which may be adopted by the executive or
legislative branches to govern, clarify, and
strengthen the operation of intelligence activities.
(b) The select committee may, in its discretion, omit
from the special study required by this section any matter
it determines has been adequately studied by the Select
Committee To Study Governmental Operations With Respect to
Intelligence Activities, established by Senate Resolution
21, Ninety-fourth Congress.
(c) The select committee shall report the results of the
study provided for by this section to the Senate, together
with any recommendations for legislative or other actions it
deems appropriate, no later than July 1, 1977, and from time
to time thereafter as it deems appropriate.
Sec. 14. (a) As used in this resolution, the term
``intelligence activities'' includes (1) the collection,
analysis, production, dissemination, or use of information
which relates to any foreign country, or any government,
political group, party, military force, movement, or other
association in such foreign country, and which relates to
the defense, foreign policy, national security, or related
policies of the United States, and other activity which is
in support of such activities; (2) activities taken to
counter similar activities directed against the United
States; (3) covert or clandestine activities affecting the
relations of the United States with any foreign government,
political group, party, military force, movement or other
association; (4) the collection, analysis, production,
dissemination, or use of information about activities of
persons within the United States, its territories and
possessions, or nationals of the United States abroad whose
political and related activities pose, or may be considered
by any department, agency, bureau, office, division,
instrumentality, or employee of the United States to pose, a
threat to the internal security of the United States, and
covert or clandestine activities directed against such
persons. Such term does not include tactical foreign
military intelligence serving no national policymaking
function.
(b) As used in this resolution, the term ``department or
agency'' includes any organization, committee, council,
establishment, or office within the Federal Government.
(c) For purposes of this resolution, reference to any
department, agency, bureau, or subdivision shall include a
reference to any successor department, agency, bureau, or
subdivision to the extent that such successor engages in
intelligence activities now conducted by the department,
agency, bureau, or subdivision referred to in this
resolution.
Sec. 15. (This section authorized funds for the select
committee for the period May 19, 1976, through Feb. 28,
1977.)
Sec. 16. Nothing in this resolution shall be construed
as constituting acquiescence by the Senate in any practice,
or in the conduct of any activity, not otherwise authorized
by law.
[S. Res. 400, 94-2, May 19, 1976; S. Res. 4, 95-1, Feb. 4,
1977.]
79.14 EQUAL EMPLOYMENT OPPORTUNITIES\1\
Whereas the Senate supports the principle that each
individual is entitled to the equal protection of the
laws guaranteed by the Fourteenth Article of Amendment
to the Constitution of the United States; and
---------------------------------------------------------------------------
\1\ See also rule XLII of the Standing Rules of the
Senate.
---------------------------------------------------------------------------
Whereas the Senate as an employer is not compelled by law to
provide to its employees the protections against
discrimination established in the Equal Pay Act of 1963
or title VII of the Civil Rights Act of 1964: Now,
therefore, be it
Resolved, That (a) no Member, officer, or employee of
the Senate shall, with respect to employment by the Senate
or any office thereof--
(1) fail or refuse to hire an individual,
(2) discharge an individual, or
(3) otherwise discriminate against an individual
with respect to promotion, compensation, or terms,
conditions, or privileges of employment,
on the basis of such individual's race, color, religion,
sex, national origin or state of handicap.
(b) Each Member, officer, and employee of the Senate
shall encourage the hiring of women and members of minority
groups at all levels of employment on the staffs of Members,
officers, and committees of the Senate.
[S. Res. 534, 94-2, Sept. 8, 1976.]
79.15 REORGANIZATION OF SENATE COMMITTEE SYSTEM\2\
Resolved, That this resolution may be cited as the
``Committee System Reorganization Amendments of 1977''.
TITLE 1--SENATE COMMITTEES; JURISDICTIONS AND SIZES
* * * * * * *
79.16 SPECIAL COMMITTEE ON AGING
Sec. 104. (a)(1) There is established a Special
Committee on Aging (hereafter in this section referred to as
the ``special committee'') which shall consist of
nineteen\3\ members. The members and chairman of the special
committee shall be appointed in the same manner and at the
same time as the members and chairman of a standing
committee of the Senate. After the date on which the
majority and minority members of the special committee are
initially appointed on or after the effective date of title
I of the Committee System Reorganization Amendments of 1977,
each time a vacancy occurs in the membership of the special
committee, the number of members of the special committee
shall be reduced by one until the number of members of the
special committee consists of nine Senators.
---------------------------------------------------------------------------
\2\Omitted portions amended the Standing Rules of the
Senate and various Senate resolutions, were temporary in
nature, or have been executed.
\3\See paragraph 3(b) of rule XXV of the Standing Rules,
Senate Manual section 25.3b for current membership.
---------------------------------------------------------------------------
(2)\1\ For purposes of paragraph 1 of rule XXV;
paragraphs 1, 7(a)(1)-(2), 9, and 10(a) of rule XXVI; and
paragraphs 1(a)-(d), and 2 (a) and (d) of rule XXVII of the
Standing Rules of the Senate; and for purposes of section
202 (i) and (j) of the Legislative Reorganization Act of
1946, the special committee shall be treated as a standing
committee of the Senate.\2\
---------------------------------------------------------------------------
\1\The references in this paragraph were changed as a
result of the adoption of S. Res. 274, 96-1, Nov. 14, 1979;
and further changed as a result of the adoption of S. Res.
389, 96-2, Mar. 25, 1980.
\2\As amended, S. Res. 78, 95-1, Feb. 11, 1977; S. Res.
376, 95-2, Mar. 6, 1978.
---------------------------------------------------------------------------
(b)(1) It shall be the duty of the special committee to
conduct a continuing study of any and all matters pertaining
to problems and opportunities of older people, including,
but not limited to, problems and opportunities of
maintaining health, of assuring adequate income, of finding
employment, of engaging in productive and rewarding
activity, of securing proper housing, and, when necessary,
of obtaining care or assistance. No proposed legislation
shall be referred to such committee, and such committee
shall not have power to report by bill, or otherwise have
legislative jurisdiction.
(2) The special committee shall, from time to time (but
not less often than once each year), report to the Senate
the results of the study conducted pursuant to paragraph
(1), together with such recommendation as it considers
appropriate.
(c)(1) For the purposes of this section, the special
committee is authorized, in its discretion, (A) to make
investigations into any matter within its jurisdiction, (B)
to make expenditures from the contingent fund of the Senate,
(C) to employ personnel, (D) to hold hearings, (E) to sit
and act at any time or place during the sessions, recesses,
and adjourned periods of the Senate, (F) to require, by
subpena or otherwise, the attendance of witnesses and the
production of correspondence, books, papers, and documents,
(G) to take depositions and other testimony, (H) to procure
the services of individual consultations or organizations
thereof, in accordance with the provisions of section 202(i)
of the Legislative Reorganization Act of 1946, and (I) with
the prior consent of the Government department or agency
concerned and the Committee on Rules and Administration, to
use on a reimbursable basis the services of personnel of any
such department or agency.
(2) The chairman of the special committee or any member
thereof may administer oaths to witnesses.
(3) Subpenas authorized by the special committee may be
issued over the signature of the chairman, or any member of
the special committee designated by the chairman, and may be
served by any person designated by the chairman or the
member signing the subpena.
(d) All records and papers of the temporary Special
Committee on Aging established by Senate Resolution 33,
Eighty-seventh Congress, are transferred to the special
committee.
(e) (Executed.)
79.17 COMMITTEE ON INDIAN AFFAIRS \1\
Sec. 105. (a)(1) There is established a temporary Select
Committee on Indian Affairs (hereafter in this section
referred to as the ``select committee'') which shall consist
of seven \2\ members, four to be appointed by the President
of the Senate, upon the recommendation of the majority
leader, from among members of the majority party and three
to be appointed by the President of the Senate, upon the
recommendation of the minority leader, from among the
members of the minority party. The select committee shall
select a chairman from among its members.
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\1\ Name changed from ``Select Committee on Indian
Affairs'' by provision of S. Res. 71, 103-1, Feb. 24, 1993.
\2\ See paragraph 3(c) of rule XXV of the Standing
Rules, Senate Manual section 25.3c, for current membership.
---------------------------------------------------------------------------
(2) A majority of the members of the committee shall
constitute a quorum thereof for the transaction of business,
except that the select committee may fix a lesser number as
a quorum for the purpose of taking testimony. The select
committee shall adopt rules of procedure not inconsistent
with this section and the rules of the Senate governing
standing committees of the Senate.
(3) Vacancies in the membership of the select committee
shall not affect the authority of the remaining members to
execute the functions of the select committee.
(4) For purposes of paragraph 4 \1\ of rule XXV of the
Standing Rules of the Senate, service of a Senator as a
member or chairman of the select committee shall not be
taken into account.
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\1\ Changed from ``paragraph 6'' as a result of the
adoption of S. Res. 274, 96-1, Nov. 14, 1979.
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(b)(1) All proposed legislation, messages, petitions,
memorials, and other matters relating to Indian affairs
shall be referred to the select committee.
(2) It shall be the duty of the select committee to
conduct a study of any and all matters pertaining to
problems and opportunities of Indians, including but not
limited to, Indian land management and trust
responsibilities, Indian education, health, special
services, and loan programs, and Indian claims against the
United States.
(3) The select committee shall from time to time report
to the Senate, by bill or otherwise, its recommendations
with respect to matters referred to the select committee or
otherwise within its jurisdiction.
(c)(1) For the purposes of this section, the select
committee is authorized, in its discretion, (A) to make
investigations into any matter within its jurisdiction, (B)
to make expenditures from the contingent fund of the Senate,
(C) to employ personnel, (D) to hold hearings, (E) to sit
and act at any time or place during the sessions, recesses,
and adjourned periods of the Senate, (F) to require, by
subpena or otherwise, the attendance of witnesses and the
production of correspondence, books, papers, and documents,
(G) to take depositions and other testimony, (H) to procure
the services of individual consultants or organizations
thereof, in accordance with the provisions of section 202(i)
of the Legislative Reorganization Act of 1946, and (I) with
the prior consent of the Government department or agency
concerned and the Committee on Rules and Administration, to
use on a reimbursable basis the services of personnel of any
such department or agency.
(2) The chairman of the select committee or any member
thereof may administer oaths to witnesses.
(3) Subpenas authorized by the select committee may be
issued over the signature of the chairman, or any member of
the select committee designated by the chairman, and may be
served by any person designated by the chairman or the
member signing the subpena.
(d) The select committee shall cease to exist on January
2, 1984,\1\ and effective on January 3, 1984, jurisdiction
over the matters specified in subsection (b)(1) and the duty
specified in subsection (b)(2) are transferred to the
Committee on Health, Education, Labor, and Pensions.\2\
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\1\ The Senate, by unanimous consent, Nov. 18, 1983,
provided for the continuation of the select committee with
all of its jurisdictional responsibilities until July 1,
1984. S. Res. 127, agreed to June 6, 1984, established the
Select Committee on Indian Affairs as a permanent committee
of the Senate.
\2\ Name changed from Committee on Human Resources to
Committee on Labor and Human Resources by S. Res. 30, 96-1,
Mar. 7, 1979. Name changed to Committee on Health,
Education, Labor, and Pensions by S. Res. 28, 106-1, Jan.
21, 1999.
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* * * * * * *
[Sec. 105 of S. Res. 4, 95-1, Feb. 4, 1977; S. Res. 405, 95-
2, Oct. 15, 1978; S. Res. 448, 96-2, Dec. 11, 1980; Cong.
Rec., Nov. 18, 1983; S. Res. 127, 98-2, June 6, 1984.]
79.18 TITLE II--COMMITTEE ASSIGNMENTS; CHAIRMANSHIPS
Sec. 201. * * *
(f) It is the sense of the Senate that, in adopting
rules, each committee of the Senate should include a
provision to insure that assignment of Senators to
subcommittees will occur in an equitable fashion; namely,
that no member of a committee will receive assignment to a
second subcommittee until, in order of seniority, all
members of the committee have chosen assignments to one
subcommittee, and no member shall receive assignment to a
third subcommittee until, in order of seniority, all members
have chosen assignments to two subcommittees.
* * * * * * *
79.19 TITLE IV--SCHEDULING OF COMMITTEE MEETINGS
Sec. 401. (a) In consultation with the Majority Leader
and the Minority Leader, the Committee on Rules and
Administration shall establish and maintain a computerized
schedule of all meetings of committees of the Senate and
subcommittees thereof, and of all meetings of joint
committees of the Congress and subcommittees thereof. Such
schedule shall be maintained online to terminals in the
offices of all Senators, committees of the Senate, and
permanent joint committees of the Congress, and shall be
updated immediately upon receipt of notices of meetings or
cancellations thereof under this section.
(b) Each committee of the Senate, and each subcommittee
thereof, shall notify the office designated by the Committee
on Rules and Administration of each meeting of such
committee or subcommittee, including the time period or
periods (as prescribed in paragraph 6 of rule XXVI \1\ of
the Standing Rules of the Senate), the place, and the
purpose of such meeting. The Senate members of any joint
committee of the Congress or of a subcommittee thereof shall
cause notice to be given to the office designated by the
Committee on Rules and Administration of each meeting of
such joint committee or subcommittee, including the time,
place, and purposes of such meeting. Notice under this
subsection shall be given immediately upon scheduling a
meeting.
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\1\ Changed from ``paragraph 9 of rule XXV'' as a result
of the adoption of S. Res. 274, 96-1, Nov. 14, 1979.
---------------------------------------------------------------------------
(c) Each committee of the Senate, and each subcommittee
thereof, shall notify the office designated by the Committee
on Rules and Administration immediately upon the
cancellation of a meeting of such committee or subcommittee.
The Senate members of any joint committee of the Congress or
any subcommittee thereof shall cause notice to be given to
the office designated by the Committee on Rules and
Administration immediately upon the cancellation of a
meeting of such joint committee or subcommittee.
(d) For purposes of this section, the term ``joint
committee of the Congress'' includes a committee of
conference.
* * * * * * *
79.20 TITLE V--CONTINUING REVIEW OF THE COMMITTEE SYSTEM
Sec. 501. (a) The Committee on Rules and Administration,
in consultation with the Majority Leader and the Minority
Leader, shall review, on a continuing basis, the committee
system of the Senate and the Standing Rules and other rules
of the Senate related thereto.
(b) During the second regular session of each Congress,
the Committee on Rules and Administration shall submit to
the Senate a report of the results of its review under
subsection (a) during that Congress. Such report shall
include its recommendations (if any) for changes in the
committee system of the Senate and the Standing Rules and
other rules of the Senate related thereto. The Committee on
Rules and Administration may submit, from time to time, such
other reports and recommendations with respect to such
committee system and rules as it deems appropriate.
(c) The Committee on Rules and Administration, the
Majority Leader, and the Minority Leader may request the
Secretary for the Majority and the Secretary for the
Minority to provide assistance in carrying out their duties
and responsibilities under this section.
* * * * * * *
[S. Res. 4, 95-1, Feb. 4, 1977.]
79.21 SENIOR CITIZEN INTERNSHIP PROGRAM
Resolved, That (a) each Senator is authorized to employ
for not more than fourteen consecutive days each year during
the month of May a senior citizen intern or interns to serve
in his office in Washington, District of Columbia.
(b) To be eligible to serve as a senior citizen intern
an individual shall certify to the Secretary of the Senate
that he has attained the age of sixty years, is a bona fide
resident of the State of his employing Senator, and is a
citizen of the United States.
(c)(1) Except as provided in paragraph (2), for purposes
of payment of compensation and travel expenses, senior
citizen interns employed pursuant to this resolution shall
be subject to the same limitations and restrictions
applicable to Senators and Senate employees.
(2) An outside vendor may provide for the travel and per
diem expenses only of senior citizen interns in the Senior
Citizen Intern Program subject to approval by the Committee
on Rules and Administration. Documentation provided by such
vendor may be accepted as official travel expense
documentation for the purpose of reimbursing interns in the
program for travel expenses.
Sec. 2. Compensation and payment under this resolution
shall be paid from and charged against the clerk-hire and
travel allowances of the Senator employing such senior
citizen intern.
Sec. 3. The Committee on Rules and Administration is
authorized to prescribe such rules and regulations as it
determines necessary to carry out this resolution.
[S. Res. 219, 95-2, May 5, 1978, S. Res. 96, 102-1, Apr. 24,
1991.]
79.22
transportation costs and travel expenses incurred by members
and employees of the senate when engaged in authorized
foreign travel
Resolved, That until otherwise provided by law or
resolution of the Senate, the contingent fund of the Senate
is made available, as provided in this resolution, to defray
the costs of transportation and the ordinary and necessary
travel expenses of Members and employees of the Senate when
engaged in authorized foreign travel. The Secretary of the
Senate is authorized to advance funds, under authority of
this resolution, in the same manner provided for committees
of the Senate under the authority of Public Law 118, Eighty-
first Congress, approved June 22, 1949.
Sec. 2. (a) Transportation costs and ordinary and
necessary travel expenses incurred by a Member or employee
engaged in authorized foreign travel shall be paid upon
certification of such Member or employee, and upon vouchers
approved by the Senator who authorized such foreign travel.
(b) Transportation costs and ordinary and necessary
travel expenses which are incurred for a group of Members or
employees engaged in authorized foreign travel shall be paid
upon certification of the Member who is chairman of such
group (or, if no chairman has been designated, upon
certification of the ranking Member of such group) or, if
the group does not include a Member, upon certification of
the senior employee in such group, and upon vouchers
approved by the Senator who authorized such foreign travel.
(c) The reports of the Secretary of the Senate setting
forth amounts paid from the contingent fund under authority
of this resolution shall, at the request of the chairman of
the Select Committee on Intelligence, omit any matter which
would identify the foreign countries in which Members and
employees of the Select Committee traveled on behalf of the
Select Committee.
Sec. 3. Payment of transportation costs and ordinary and
necessary travel expenses may not be paid under this
resolution to the extent that appropriated funds or foreign
currencies under section 502(b) of the Mutual Security Act
of 1954 are utilized to defray such costs and expenses. Such
funds and currencies shall be used to the maximum extent
possible.
Sec. 4. For purposes of this resolution--
(1) The term ``foreign travel'' means travel
outside the United States and includes travel within
the United States which is the beginning or end of
travel outside the United States.
(2) The term ``authorized foreign travel'' means
foreign travel on official business on behalf of the
Senate or a committee of the Senate which is
authorized--
(A) in the case of foreign travel on
behalf of the Senate, by the President pro
tempore, Majority Leader, or Minority Leader
of the Senate; and
(B) in the case of foreign travel on
behalf of a committee of the Senate, by the
chairman of that committee.
(3) The term ``committee of the Senate''
includes all standing, select, and special
committees of the Senate and all joint committees of
the Congress whose funds are disbursed by the
Secretary of the Senate.
(4) The term ``employee of the Senate'' includes
an individual (other than a Member) whose salary is
disbursed by the Secretary of the Senate or who is
treated as an employee of the Senate for purposes of
the Senate Code of Official Conduct.
(5) The term ``ordinary and necessary travel
expenses'' includes, in the case of a group of
Members engaged in authorized foreign travel, such
special expenses as the chairman (or, if there is no
chairman, the ranking Member) deems appropriate,
including, to the extent not otherwise provided,
reimbursements to any agency of the Government for
(A) expenses incurred on behalf of the group, (B)
compensation (including overtime) of employees of
such agency officially detailed to the group, and
(C) expenses incurred in connection with providing
appropriate hospitality.
[S. Res. 179, 95-1, May 25, 1977.]
79.23 DOCUMENTATION REQUIRED FOR REIMBURSEMENTS OUT OF SENATORS'
OFFICIAL OFFICE EXPENSE ACCOUNTS
Resolved, That (a) no payments or reimbursements for
expenses shall be made from the contingent fund of the
Senate, unless the vouchers presented for such expenses are
accompanied by supporting documentation.
(b) The Committee on Rules and Administration is
authorized to promulgate regulations to carry out the
purpose of this resolution and to except specific vouchers
from the requirements of subsection (a) of this resolution.
(c) This resolution shall apply with respect to vouchers
submitted for payment or reimbursement on and after October
1, 1987, or upon the adoption of this resolution if such
adoption occurs at a later date.
(d) Senate Resolution 170, 96th Congress (agreed to
August 2, 1979), is repealed as of October 1, 1987, or upon
adoption of this resolution if such adoption occurs at a
later date. Any regulations adopted by the Committee on
Rules and Administration to implement Senate Resolution 170
shall remain in effect, after the repeal of Senate
Resolution 170, until modified or repealed by such
committee, and shall be held and considered to be
regulations adopted to implement this resolution.
[S. Res. 258, 100-1, Oct. 1, 1987.]
79.24 INTERPARLIAMENTARY ACTIVITIES AND RECEPTION OF CERTAIN
FOREIGN OFFICIALS
Resolved, That the Committee on Foreign Relations is
authorized from March 1, 1981, until otherwise provided by
law, to expend not to exceed $25,000 each fiscal year to
assist the Senate properly to discharge and coordinate its
activities and responsibilities in connection with
participation in various interparliamentary institutions and
to facilitate the interchange and reception in the United
States of members of foreign legislative bodies and
prominent officials of foreign governments and
intergovernmental organizations.
Sec. 2. The Secretary of the Senate is authorized and
directed to pay from the contingent fund of the Senate the
actual and necessary expenses incurred in connection with
activities authorized by this resolution and approved in
advance by the chairman of the Committee on Foreign
Relations upon vouchers certified by the Senator incurring
such expenses and approved by the chairman.
[S. Res. 247, 87-2, Feb. 7, 1962; S. Res. 91, 94-1, Mar. 18,
1975; S. Res. 281, 96-2, Mar. 11, 1980.]
79.25
relative to contributions for costs of civil, criminal, or
other legal investigations of members, officers, or
employees of the senate
Resolved, That nothing in the provisions of the Standing
Rules of the Senate shall be construed to limit
contributions to defray investigative, civil, criminal, or
other legal expenses of Members, officers, or employees of
the Senate relating to their service in the United States
Senate, subject to limitations, regulations, procedures, and
reporting requirements which shall be promulgated by the
Select Committee on Ethics. Nothing in the provisions of the
Standing Rules of the Senate shall be construed to limit
contributions to defray the legal expenses of the spouses or
dependents of Members, officers, or employees of the Senate.
[S. Res. 508, 96-2, Sept. 4, 1980.]
79.27
restrictions on certain expenses payable or reimbursable
from a senator's official office expense account
Resolved, That except for section 3, this resolution
applies only to payments and reimbursements from the
contingent fund of the Senate under paragraphs (5) and (9)
of section 506(a) of the Supplemental Appropriations Act,
1973 (2 U.S.C. 58(a)). For purposes of such paragraphs, the
terms ``official office expenses'' and ``other official
expenses'' mean ordinary and necessary business expenses
incurred by a Senator and his staff in the discharge of
their official duties.
Sec. 2. Reimbursements and payments from the contingent
fund of the Senate under paragraphs (5) and (9) of section
506(a) of the Supplemental Appropriations Act, 1973 (2
U.S.C. 58(a)) shall not be made for:
(1) commuting expenses, including parking fees
incurred in commuting;
(2) expenses incurred for the purchase of
holiday greeting cards, flowers, trophies, awards,
and certificates;
(3) donations or gifts of any type, except gifts
of flags which have been flown over the United
States Capitol, copies of the book ``We, the
People'', and copies of the calendar ``We The
People'' published by the United States Capitol
Historical Society.
(4) dues or assessments;
(5) expenses incurred for the purchases of radio
or television time, or for space in newspaper or
other print media (except classified advertising for
personnel to be employed in a Senator's office);
(6) expenses incurred by an individual who is
not an employee (except as specifically authorized
by subsections (e) and (h) of such section 506);
(7) travel expenses incurred by an employee
which are not reimbursable under subsection (e) of
such section 506;
(8) relocation expenses incurred by an employee
in connection with the commencement or termination
of employment or a change of duty station; and
(9) compensation paid to an individual for
personal services performed in a normal employer-
employee relationship.
Sec. 3. Payment of or reimbursement for the following
expenses is specifically prohibited by law and
reimbursements and payments from the contingent fund of the
Senate shall not be made therefor:
(1) expenses incurred for entertainment or meals
(2 U.S.C. 58(a));
(2) payment of additional salary or compensation
to an employee (2 U.S.C. 68); and
(3) expenses incurred for maintenance or care of
private vehicles (Legislative Branch Appropriation
Acts).
Sec. 4. This resolution shall apply with respect to
expenses incurred on or after the date on which this
resolution is agreed to.
[S. Res. 294, 96-2, Apr. 29, 1980; S. Res. 176, 104-1, Sept.
28, 1995.]
79.28 TELEVISION AND RADIO BROADCAST OF SENATE CHAMBER PROCEEDINGS
\1\
Resolved, That (a) the Senate hereby authorizes and
directs that there be both television and radio broadcast
coverage (together with videotape and audio recordings) of
proceedings in the Senate Chamber.
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\1\ Omitted sections amended Standing Rules of the
Senate, and are reflected in Senate Manual sections 1-43.
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(b) Such broadcast coverage shall be--
(1) provided in accordance with provisions of
this resolution;
(2) provided continuously, except for any time
when the Senate is conducting a quorum call, or when
a meeting with closed doors is ordered; and
(3) provided subject to the provisions
pertaining to the Senate gallery contained in the
following Standing Rules of the Senate: rule XIX,
paragraphs 6 and 7; rule XXV, paragraph 1(n); and
rule XXXIII, paragraph 2.
Sec. 2. The radio and television broadcast of Senate
proceedings shall be supervised and operated by the Senate.
Sec. 3. The television broadcast of Senate proceedings
shall follow the Presiding Officer and Senators who are
speaking, clerks, and the chaplain except during rollcall
votes when the television cameras shall show the entire
Chamber.
Sec. 4. (a) The broadcast coverage by radio and
television of the proceedings of the Senate shall be
implemented as provided in this section.
(b) The Architect of the Capitol, in consultation with
the Sergeant at Arms and Doorkeeper of the Senate, shall--
(1) construct necessary broadcasting facilities
for both radio and television (including a control
room and the modification of Senate sound and
lighting fixtures);
(2) employ necessary expert consultants; and
(3) acquire and install all necessary equipment
and facilities to (A) produce a broadcast-quality
``live'' audio and color video signal of such
proceedings, and (B) provide an archive-quality
audio and color video tape recording of such
proceedings:
Provided, That the Architect of the Capitol, in carrying out
the duties specified in clauses (1) through (3) of this
subsection, shall not enter into any contract for the
purchase or installation of equipment, for employment of any
consultant, or for the provision of training to any person,
unless the same shall first have been approved by the
Committee on Rules and Administration.
(c)(1) \1\ The Sergeant at Arms and Doorkeeper of the
Senate shall--
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\1\ As amended, S. Res. 459, 100-2, Sept. 14, 1988.
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(A) employ such staff as may be necessary,
working in conjunction with the Senate Recording and
Photographic Studios, to operate and maintain all
broadcast audio and color video equipment installed
pursuant to this resolution;
(B) make audio and video tape recordings, and
copies thereof as requested by the Secretary under
paragraph (2) of Senate proceedings; and
(C) retain for 30 session-days after the day any
Senate proceedings took place, such recordings
thereof, and as soon thereafter as possible,
transmit to the Secretary of the Senate copies of
such recordings.
The Sergeant at Arms and Doorkeeper of the Senate, in
carrying out the duties specified in subgragraphs (A) and
(B), shall comply with appropriate Senate procurement and
other regulations.
(2) The Secretary of the Senate is authorized to obtain
from the Sergeant at Arms archival quality video recordings
of Senate proceedings and, as soon thereafter as possible,
transmit such recordings to the Librarian of Congress and to
the Archivist of the United States.
Sec. 5. (a) Radio coverage of Senate proceedings shall--
(1) begin as soon as the necessary equipment has
been installed; and
(2) be provided continuously at all times when
the Senate is in session (or is meeting in Committee
of the Whole), except for any time when a meeting
with closed doors is ordered.
(b) As soon as practicable but no later than May 1,
there shall begin a test period during which tests of radio
and television coverage of Senate proceedings shall be
conducted by the staffs of the Committee on Rules and
Administration and of the Office of the Sergeant at Arms and
Doorkeeper of the Senate. Television coverage of Senate
proceedings shall go live June 1, 1986. The test period
aforementioned shall end on July 15, 1986.
(c) During such test period--
(1) final procedures for camera direction
control shall be established;
(2) television coverage of Senate proceedings
shall not be transmittted between May 1st and June
1st, except that, at the direction of the chairman
of the Committee on Rules and Administration, such
coverage may be transmitted over the coaxial cable
system of the Architect of the Capitol; and
(3) recording of Senate proceedings shall be
retained by the Secretary of the Senate.
Sec. 6.\1\ (a) The use of any tape duplication of radio
or television coverage of the proceedings of the Senate for
political campaign purposes is strictly prohibited.
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\1\ As amended, S. Res. 431, 100-2, June 7, 1988.
---------------------------------------------------------------------------
(b)(1) Except as provided in paragraph (2), any tape
duplication of radio or television coverage of the
proceedings of the Senate furnished to any person or
organization shall be made on the condition, agreed to in
writing, that the tape duplication shall not be used for
political campaign purposes.
(2) Any public or commercial news organization furnished
a tape duplication described in paragraph (1) shall be
subject to the provisions of paragraph (1) but shall not be
required to enter into a written agreement.
Sec. 7. Any changes in the regulations made by this
resolution shall be made only by Senate resolution. However,
the Committee on Rules and Administration may adopt such
procedures and such regulations, which do not contravene the
regulations made by this resolution, as it deems necessary
to assure the proper implementation of the purposes of this
resolution.
Sec. 8. Such funds as may be necessary (but not in
excess of $3,500,000) to carry out this resolution shall be
expended from the contingent fund of the Senate.
* * * * * * *
Sec. 14. Provided, that if the Senate authorizes the
permanent televising of the Senate pursuant to section 15,
that radio and television coverage of the Senate shall be
made available on a ``live'' basis and free of charge to (1)
any accredited member of the Senate Radio and Television
Correspondents Gallery, (2) the coaxial cable system of the
Architect of the Capitol, and (3) such other news gathering,
educational, or information distributing entity as may be
authorized by the Committee on Rules and Administration to
receive such broadcasts.
Sec. 15. Television coverage of the Senate shall cease
at the close of business July 15, 1986, and television
coverage of the Senate and the rules changes contained
herein shall continue, if the Senate agrees to the question,
which shall be put one hour after the Senate convenes on
July 29, 1986, ``Shall radio and television coverage
continue after this date, and shall the rules changes
contained herein continue?''.\1\ There shall be twelve hours
of debate on this question, to be equally divided and
controlled in the usual form, at the end of which any
Senator may propose as an alternative the question, ``Shall
the test period continue for thirty days?''. On this
question there shall be one hour of debate, equally divided
and controlled in the usual form. If this question is
decided in the affirmative, then thirty days hence, one hour
after the Senate convenes, the Senate shall proceed to vote
without intervening action on the question, ``Shall radio
and television coverage continue after this date and shall
the rules changes contained herein continue?''.
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\1\ Pursuant to this provision, the question was
considered and decided in the affirmative by a vote of 78-
21. See Daily Cong. Rec., 99th Cong., 2d sess., July 29,
1986, pp. 9750-9775.
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Sec. 16. Provided, that official noting of a Senator's
absence from committees while the Senate is on television is
prohibited.
[S. Res. 28, 99-2, Feb. 27, 1986.]
Sec. 17. The Secretary of the Senate shall, subject to
the approval of the Senate Committee on Rules and
Administration, contract with the Secretary of Education to
provide closed captioning of the Senate floor proceedings.
The Senate authorizes the Secretary of Education to have
access to the audio and video broadcast of the Senate floor
proceedings for the purpose of captioning. Such funds as may
be necessary to carry out the purposes of this section are
authorized to be paid from the contingent fund of the
Senate.
[S. Res. 13, 101-1, June 21, 1989.]
Resolved, That, notwithstanding any other provision of
S. Res. 28, agreed to February 27, 1986, television coverage
of the Senate shall resume July 21, 1986 under the same
basis as provided during the live test period under section
5 of S. Res. 28 unless the Senate votes pursuant to section
15 of S. Res. 28 to end coverage.
[S. Res. 444, 99-2, July 15, 1986.]
79.29 OFFICIAL SENATE FLAG
Resolved, That the Secretary of the Senate is authorized
and directed to design an official Senate flag utilizing the
seal of the Senate as the principal symbol on such flag.
Expenses incident to the designing and procurement of such
flag shall be paid from the contingent fund of the Senate
upon vouchers signed by the Secretary of the Senate.
Sec. 2. The Senate flag shall be available for purchase
and use by Senators, or former Senators, only subject to the
following conditions--
(1) purchase of the flag shall be limited to--
(A) two flags for each Senator, or
former Senator, subject to replacement for
loss, destruction, or wear and tear;
(B) two flags for each Senate committee,
as determined by the chairman and ranking
member, subject to replacement for loss,
destruction, or wear and tear; and
(C) two flags for each officer of the
Senate, subject to replacement for loss,
destruction, or wear and tear; and
(2) the flag shall not be utilized or displayed
for commercial purposes.
Senators who leave the Senate may retain their flags subject
to the preceding restrictions.
[S. Res. 369, 98-2, Sept. 7, 1984; S. Res. 135, 101-1, June
2, 1989.]
79.30 VOTES SHALL BE CAST FROM ASSIGNED DESK
Resolved, That it is a standing order of the Senate that
during yea and nay votes in the Senate, each Senator shall
vote from the assigned desk of the Senator.
[S. Res. 480, 98-2, Oct. 11, 1984.]
79.31 OFFICE OF SENATE SECURITY
Resolved, That (a) there is established, within the
Office of the Secretary of the Senate (hereinafter referred
to as the ``Secretary''), the Office of Senate Security
(hereinafter referred to as the ``Office''), which shall be
headed by a Director of Senate Security (hereinafter
referred to as the ``Director''). The Office shall be under
the policy direction of the Majority and Minority Leaders of
the Senate, and shall be under the administrative direction
and supervision of the Secretary.
(b)(1) The Director shall be appointed by the Secretary
after consultation with the Majority and Minority Leaders.
The Secretary shall fix the compensation of the Director.
Any appointment under this subsection shall be made solely
on the basis of fitness to perform the duties of the
position and without regard to political affiliation.
(2) The Director, with the approval of the Secretary,
and after consultation with the Chairman and Ranking Member
of the Committee on Rules and Administration of the Senate,
may establish such policies and procedures as may be
necessary to carry out the provisions of this resolution.
Commencing one year from the effective date of this
resolution, the Director shall submit an annual report to
the Majority and Minority Leaders and the Chairman and
Ranking Member of the Committee on Rules and Administration
on the status of security matters and the handling of
classified information in the Senate, and the progress of
the Office in achieving the mandates of this resolution.
Sec. 2. (a) The Secretary shall appoint and fix the
compensation of such personnel as may be necessary to carry
out the provisions of this resolution. The Director, with
the approval of the Secretary, shall prescribe the duties
and responsibilities of such personnel. If a Director is not
appointed, the Office shall be headed by an Acting Director.
The Secretary shall appoint and fix the compensation of the
Acting Director.
(b) The Majority and Minority Leaders of the Senate may
each designate a Majority staff assistant and a Minority
staff assistant to serve as their liaisons to the Office.
Upon such designation, the Secretary shall appoint and fix
the compensation of the Majority and Minority liaison
assistants.
Sec. 3. (a) The Office is authorized, and shall have the
responsibility, to develop, establish, and carry out
policies and procedures with respect to such matters as:
(1) the receipt, control, transmission, storage,
destruction or other handling of classified
information addressed to the United States Senate,
the President of the Senate, or Members and
employees of the Senate;
(2) the processing of security clearance
requests and renewals for officers and employees of
the Senate;
(3) establishing and maintaining a current and
centralized record of security clearances held by
officers and employees of the Senate, and developing
recommendations for reducing the number of
clearances held by such employees;
(4) consulting and presenting briefings on
security matters and the handling of classified
information for the benefit of Members and employees
of the Senate;
(5) maintaining an active liaison on behalf of
the Senate, or any committee thereof, with all
departments and agencies of the United States on
security matters; and
(6) conducting periodic review of the practices
and procedures employed by all offices of the Senate
for the handling of classified information.
(b) Within 180 days after the Director takes office, he
shall develop, after consultation with the Secretary, a
Senate Security Manual, to be printed and distributed to all
Senate offices. The Senate Security Manual will prescribe
the policies and procedures of the Office, and set forth
regulations for all other Senate offices for the handling of
classified information. [Executed.]
(c) Within 90 days after taking office, the Director
shall conduct a survey to determine the number of officers
and employees of the Senate that have security clearances
and report the findings of the survey to the Majority and
Minority Leaders and Secretary of the Senate together with
recommendations regarding the feasibility of reducing the
number of employees with such clearances.
(d) The Office shall have authority--
(1) to provide appropriate facilities in the
United States Capitol for hearings of committees of
the Senate at which restricted data or other
classified information is to be presented or
discussed;
(2) to establish and operate a central
repository in the United States Capitol for the
safeguarding of classified information for which the
Office is responsible; which shall include the
classified records, transcripts, and materials of
all closed sessions of the Senate; and
(3) to administer and maintain oaths of secrecy
under paragraph (2) of rule XXIX of the Standing
Rules of the Senate and to establish such procedures
as may be necessary to implement the provisions of
such paragraph.
Sec. 4. Funds appropriated for the fiscal year 1987
which would be available to carry out the purposes of the
Interim Office of Senate Security\1\ but for the termination
of such Office shall be available for the Office of Senate
Security.
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\1\ S. Res. 229, 100-1, June 5, 1987, established an
Interim Office of Senate Security to which all documents,
facilities and functions of the Office of Classified
National Security Information were transferred for the
period June 6 to July 10, 1987. See Senate Manual section
276.
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Sec. 5. (a) All records, documents, data, materials,
rooms, and facilities in the custody of the Interim Office
of Senate Security at the time of its termination on July
10, 1987, are transferred to the Office established by
subsection (a) of the first section of this resolution.
(b) This resolution shall take effect on July 11, 1987.
[S. Res. 243, 100-1, July 1, 1987.]
79.32 DEBT COLLECTION
Resolved, That, for purposes of subchapters I and II of
chapter 37 of title 31, United States Code (relating to
claims of or against the United States Government), the
United States Senate shall be considered to be a legislative
agency (as defined in section 3701(a)(4) of such title), and
the Secretary of the Senate shall be deemed to be the head
of such legislative agency.
Sec. 2. Regulations prescribed by the Secretary pursuant
to section 3716 of title 31, United States Code, shall not
become effective until they are approved by the Senate
Committee on Rules and Administration.
[S. Res. 147, 101-1, June 20, 1989.]
TORT CLAIMS PROCEDURES
79.33 Resolved, That the Sergeant at Arms of the Senate, in
accordance with regulations prescribed by the Attorney
General and such regulations as the Committee on Rules and
Administration may prescribe, may consider and ascertain
and, with the approval of the Committee on Rules and
Administration, determine, compromise, adjust, and settle,
in accordance with the provisions of chapter 171 of title
28, United States Code, any claim for money damages against
the United States for injury of loss of property or personal
injury or death caused by the negligent or wrongful act or
omission of any Member, officer, or employee of the Senate
while acting within the scope of his office or employment,
under circumstances where the United States, if a private
person, would be liable to the claimant in accordance with
the law of the place where the act or omission occurred. The
Committee on Rules and Administration may, from time to
time, delegate any or all of its authority under this
resolution to the chairman. Any compromise, adjustment, or
settlement of any such claim not exceeding $2,500 shall be
paid from the contingent fund of the Senate on a voucher
approved by the chairman of the Committee on Rules and
Administration.
Sec. 2. The Committee on Rules and Administration is
authorized to issue such regulations as it may determine
necessary to carry out the provisions of this resolution.
[S. Res. 492, 97-2, Dec. 10, 1982.]
ACCEPTANCE OF GIFTS BY THE COMMITTEE ON RULES AND
ADMINISTRATION
79.34 Sec. 4. The Senate Committee on Rules and
Administration, on behalf of the Senate, may accept a gift
if the gift does not involve any duty, burden, or condition,
or is not made dependent upon some future performance by the
United States Senate. The Committee on Rules and
Administration is authorized to promulgate regulations to
carry out this section.
[S. Res. 158, 104-1, July 28, 1995, effective Jan. 1, 1996.]
DESIGNATION OF THE JEFFERSON DAVIS DESK
79.35 Resolved, That during the One Hundred Fourth Congress
and each Congress thereafter, the desk located within the
Senate Chamber and used by Senator Jefferson Davis shall, at
the request of the senior Senator from the State of
Mississippi, be assigned to such Senator, for use in
carrying out his or her senatorial duties during that
Senator's term of office.
[S. Res. 161, 104-1, Aug. 8, 1995.]
79.36 ACCEPTANCE OF PRO BONO LEGAL SERVICES BY A MEMBER OF THE
SENATE
Resolved, That (a) notwithstanding the provisions of the
Standing Rules of the Senate or Senate Resolution 508,
adopted by the Senate on September 4, 1980, pro bono legal
services provided to a Member of the Senate with respect to
a civil action challenging the validity of a Federal statute
that expressly authorizes a Member to file an action--
(1) shall not be deemed a gift to the Member;
(2) shall not be deemed to be a contribution to
the office account of the Member; and
(3) shall not require the establishment of a
legal expense trust fund.
(b) The Select Committee on Ethics shall establish
regulations providing for the public disclosure of
information relating to pro bono legal services performed as
authorized by this resolution.
[S. Res. 321, 104-2, Oct. 3, 1996.]
79.37 TO PERMIT AN INDIVIDUAL WITH A DISABILITY WITH ACCESS TO THE
SENATE FLOOR TO BRING NECESSARY SUPPORTING AIDS AND SERVICES
Resolved, That an individual with a disability who has
or is granted the privilege of the Senate floor under rule
XXIII of the Standing Rules of the Senate may bring
necessary supporting aids and services (including service
dogs, wheelchairs, and interpreters) on the Senate floor,
unless the Senate Sergeant at Arms determines that the use
of such supporting aids and services would place a
significant difficulty or expense on the operations of the
Senate in accordance with paragraph 2 of rule 4 of the Rules
for Regulation of the Senate Wing of the United States
Capitol.
[S. Res. 110, 105-1, July 31, 1997.]
79.38 SPECIAL COMMITTEE ON THE YEAR 2000 TECHNOLOGY PROBLEM
Sec. 1. ESTABLISHMENT OF THE SPECIAL COMMITTEE
(a) Establishment.--There is established a special
committee of the Senate to be known as the Special Committee
on the Year 2000 Technology Problem (hereafter in this
resolution referred to as the ``special committee'').
(b) Purpose.--The purpose of the special committee is--
(1) to study the impact of the year 2000 technology
problem on the Executive and Judicial Branches of the
Federal Government, State governments, and private sector
operations in the United States and abroad;
(2) to make such findings of fact as are warranted and
appropriate; and
(3) to make such recommendations, including
recommendations for new legislation and amendments to
existing laws and any administrative or other actions, as
the special committee may determine to be necessary or
desirable.
No proposed legislation shall be referred to the special
committee, and the committee shall not have power to report
by bill, or otherwise have legislative jurisdiction.
(c) Treatment as Standing Committee.--For purposes of
paragraphs 1, 2, 7(a)(1)-(2), and 10(a) of rule XXVI and
rule XXVII of the Standing Rules of the Senate, and section
202 (i) and (j) of the Legislative Reorganization Act of
1946, the special committee shall be treated as a standing
committee of the Senate.
Sec. 2. MEMBERSHIP AND ORGANIZATION OF THE SPECIAL COMMITTEE
(a) Membership.--
(1) In general.--The special committee shall consist of
7 members of the Senate--
(A) 4 of whom shall be appointed by the President pro
tempore of the Senate from the majority party of the Senate
upon the recommendation of the Majority Leader of the
Senate; and
(B) 3 of whom shall be appointed by the President pro
tempore of the Senate from the minority party of the Senate
upon the recommendation of the Minority Leader of the
Senate.
The Chairman and Ranking Minority Member of the
Appropriations Committee shall be appointed ex-offico
members.
(2) Vacancies.--Vacancies in the membership of the
special committee shall not affect the authority of the
remaining members to execute the functions of the special
committee and shall be filled in the same manner as original
appointments to it are made.
(3) Service.--For the purpose of paragraph 4 of rule XXV
of the Standing Rules of the Senate, service of a Senator as
a member, chairman, or vice chairman of the special
committee shall not be taken into account.
(b) Chairman.--The chairman of the special committee shall
be selected by the Majority Leader of the Senate and the
vice chairman of the special committee shall be selected by
the Minority Leader of the Senate. The vice chairman shall
discharge such responsibilities as the special committee or
the chairman may assign.
Sec. 3. AUTHORITY OF SPECIAL COMMITTEE
(a) In General.--For the purposes of this resolution,
the special committee is authorized, in its discretion--
(1) to make expenditures from the contingent fund of the
Senate;
(2) to employ personnel;
(3) to hold hearings;
(4) to sit and act at any time or place during the
sessions, recesses, and adjourned periods of the Senate;
(5) to require, by subpoena or otherwise, the attendance
of witnesses and the production of correspondence, books,
papers, and documents;
(6) to take depositions and other testimony;
(7) to procure the services of individual consultations
or organizations thereof, in accordance with the provisions
of section 202(i) of the Legislative Reorganization Act of
1946; and
(8) with the prior consent of the Government department
or agency concerned and the Committee on Rules and
Administration, to use on a nonreimbursable basis the
services of personnel of any such department or agency.
(b) Oaths for Witnesses.--The chairman of the special
committee or any member thereof may administer oaths to
witnesses.
(c) Subpoenas.--Subpoenas authorized by the special
committee may be issued over the signature of the chairman
after consultation with the vice chairman, or any member of
the special committee designated by the chairman after
consultation with the vice chairman, and may be served by
any person designated by the chairman or the member signing
the subpoena.
(d) Other Committee Staff.--The special committee may use,
with the prior consent of the chairman of any other Senate
committee or the chairman of any subcommittee of any
committee of the Senate and on a nonreimbuseable basis, the
facilities or services of any members of the staff of such
other Senate committee whenever the special committee or its
chairman, following consultation with the vice chairman,
considers that such action is necessary or appropriate to
enable the special committee to make the investigation and
study provided for in this resolution.
(e) Use of Office Space.--The staff of the special
committee may be located in the personal office of a Member
of the special committee.
Sec. 4. REPORT AND TERMINATION
The special committee shall report its findings, together
with such recommendations as it deems advisable, to the
Senate at the earliest practicable date.
Sec. 5. FUNDING
(a) In General.--From the date this resolution is agreed
to through February 29, 2000, the expenses of the special
committee incurred under this resolution shall not exceed
$575,000 for the period beginning on the date of adoption of
this resolution through February 28, 1999, and $575,000 for
the period of March 1, 1999 through February 29, 2000, of
which amount not to exceed $200,000 shall be available for
each period for the procurement of the services of
individual consultants, or organizations thereof, as
authorized by section 202(i) of the Legislative
Reorganization Act of 1946.
(b) Payment of Benefits.--The retirement and health
benefits of employees of the special committee shall be paid
out of the contingent fund of the Senate.
[S. Res. 208, 105-2, Apr. 2, 1998.]
79.39 DESIGNATION OF THE HENRY CLAY DESK
Resolved, That during the One Hundred Sixth Congress and
each Congress thereafter, the desk located within the Senate
Chamber and used by Senator Henry Clay shall, at the request
of the senior Senator from the State of Kentucky, be
assigned to that Senator for use in carrying out his or her
senatorial duties during that Senator's term of office.
[S. Res. 89, 106-1, Apr. 28, 1999.]
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RULES FOR REGULATION OF THE SENATE WING OF THE UNITED STATES
CAPITOL AND SENATE OFFICE BUILDINGS \1\
------------------------------------------------------------
[Adopted by the Committee on Rules and Administration
pursuant to rule XXXIII of the Standing Rules of the Senate]
80 RULE I
SERGEANT AT ARMS
The Sergeant at Arms of the Senate, under the direction
of the Presiding Officer, shall be the Executive Officer of
the body for the enforcement of all rules made by the
Committee on Rules and Administration for the regulation of
the Senate wing of the Capitol and the Senate Office
Buildings. The Senate floor shall be at all times under his
immediate supervision, and he shall see that the various
subordinate officers of his department perform the duties to
which they are especially assigned.
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\1\ Title changed effective June 22, 1998.
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The Sergeant at Arms shall see that the messengers
assigned to the doors upon the Senate floor are at their
posts and that the floor, cloakrooms, and lobby are cleared
at least five minutes before the opening of daily sessions
of all persons not entitled to remain there. In the absence
of the Sergeant at Arms the duties of his office, so far as
they pertain to the enforcement of the rules, shall devolve
upon the Deputy Sergeant at Arms.
81 RULE II
MAJORITY AND MINORITY SECRETARIES
The secretary for the majority and the secretary for the
minority shall be assigned, during the daily sessions of the
Senate, to duty upon the Senate floor.
82 RULE III
USE OF THE SENATE CHAMBER
In order to secure and protect the Senate Chamber and
its furniture and furnishings, the language contained in
paragraph numbered one of rule XXXIII of the Standing Rules
of the Senate, which reads ``The Senate Chamber shall not be
granted for any other purpose than for the use of the
Senate,'' shall be interpreted to mean that when the Senate
is not sitting in session or otherwise using the Chamber for
some function of the Senate, no Senator shall seat any
person or persons in chairs of Senators others than the
chair assigned to him (other persons shall not seat anyone
in a chair of a Senator); and lectures, talks, or speeches
shall not be given at such times to groups on the floor by
Senators or others except for the purpose of explaining the
Chamber.
83 RULE IV
TAKING OF PICTURES PROHIBITED; \1\ USE OF MECHANICAL
EQUIPMENT IN CHAMBER
83.1 1. The taking of pictures of any kind is prohibited in
the Senate Chamber, the Senate Reading Rooms (Marble Room
and Lobby), the Senate Cloakrooms, and the Private Dining
Room of the Senate.
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\1\ Paragraph 1 of rule IV has been temporarily
suspended on numerous occasions for the taking of official
photographs of the Senate in session, and on Dec. 19, 1974,
for telecasting the inauguration of Vice President Nelson A.
Rockefeller. Senate authorization for the telecasting of the
New Hampshire contested senatorial election debate was not
utilized.
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83.2 2. The Sergeant at Arms shall be authorized to admit
into the Senate Chamber such mechanical equipment and/or
devices which, in the judgment of the Sergeant at Arms, are
necessary and proper in the conduct of official Senate
business and which by their presence shall not in any way
distract, interrupt, or inconvenience the business or
Members of the Senate.
84 RULE V
MESSENGERS ACTING AS ASSISTANT DOORKEEPERS
The messengers acting as Assistant Doorkeepers shall be
assigned to their duties by the Sergeant at Arms.
85 RULE VI
GALLERIES
The Sergeant at Arms shall keep the aisles of the
galleries clear, and shall not allow admittance into the
galleries of more than their seating capacity, nor shall he
allow admittance of children under the age of six into the
galleries. He shall not permit any person to enter a gallery
with or carrying any firearms or dangerous weapons except
for law enforcement and other personnel performing duties
under the direction of the Senate, or any package, bundle,
suitcase, briefcase, or camera; he shall not permit any
person in any gallery to smoke, applaud, or commit any other
type of demonstration either by sound or sign; except in the
press, radio, television, and correspondents' galleries he
shall not permit any person to read (except the Senate
seating diagram) or to write or take notes (except bona fide
employees of the Senate when sitting in the Staff Gallery
and making notes in the course of their employment); he
shall not permit any person to take any picture or
photograph or to sketch or draw; he shall not permit any
person to place any object whatsoever--including hats,
coats, or other personal apparel--or portion of a person on
any railing, or any male to wear a hat, except that where a
man's religious beliefs require that he wear a head-cover in
such public places as the Senate Gallery, then such head-
cover shall be permitted; \1\ and he shall not allow any
person to lean forward over the railings or to place his or
her hands thereon.
---------------------------------------------------------------------------
\1\ Adopted Apr. 1, 1987.
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The galleries of the Senate shall be set apart and
occupied as follows:
85.1 press gallery
The gallery in the rear of the Vice President's chair
shall be set apart for reporters of daily newspapers.
The administration of the Press Gallery shall be vested
in a Standing Committee of Correspondents elected by
accredited members of the gallery. The committee shall
consist of five persons elected to serve for terms of two
years: Provided, however, That at the election in January
1951, the three candidates receiving the highest number of
votes shall serve for two years and the remaining two for
one year. Thereafter, three members shall be elected in odd-
numbered years and two in even-numbered years. Elections
shall be held in January. The committee shall elect its own
chairman and secretary. Vacancies on the committee shall be
filled by special election to be called by the Standing
Committee.
Persons desiring admission to the Press Gallery in the
Senate wing shall make application in accordance with rule
XXXIII for the regulation of the Senate wing of the Capitol,
which rule shall be interpreted and administered by the
Standing Committee of Correspondents, subject to the review
and approval by the Senate Committee on Rules and
Administration.
The Standing Committee of Correspondents shall limit
membership in the Press Gallery to bona fide correspondents
of repute in their profession, under such rules as the
Standing Committee of Correspondents shall prescribe:
Provided, however, That the Standing Committee of
Correspondents shall admit to the Press Gallery no person
who does not establish to the satisfaction of the Standing
Committee all of the following:
a. That his or her principal income is obtained from
news correspondence intended for publication in newspapers
entitled to second-class mailing privileges.
b. That he or she is not engaged in paid publicity or
promotion work or in prosecuting any claim before Congress
or before any department of the Government, and will not
become so engaged while a member of the Press Gallery.
c. That he or she is not engaged in any lobbying
activity and will not become so engaged while a member of
the Press Gallery.
Members of the families of correspondents are not
entitled to the privileges of the Press Gallery.
The Standing Committee of Correspondents shall propose
no change or changes in these rules except upon petition in
writing signed by not less than 100 accredited members of
the Press Gallery.
85.2 radio and television correspondents gallery
The front row in the northeast public gallery shall be
set apart for the use of the radio-television
correspondents.
Persons desiring admission to the Radio and Television
Correspondents Gallery of the Senate shall make application
to the Committee on Rules and Administration of the Senate,
as required by rule XXXIII for the regulation of the Senate
wing of the Capitol; and shall also state, in writing, the
names of all radio stations, television stations, systems,
or news-gathering organizations by which they are employed;
and what other occupation or employment they may have, if
any; and shall further declare that they are not engaged in
the prosecution of claims or promotion of legislation
pending before Congress, the departments, or the independent
agencies, and that they will not become so employed without
resigning from the gallery. They shall further declare that
they are not employed in any legislative or executive
department or independent agency of the Government, or by
any foreign government or representative thereof; that they
are not engaged in any lobbying activities; that they do not
and will not, directly or indirectly, furnish special
information to any organization, individual, or group of
individuals, for the influencing of prices on any commodity
or stock exchange; that they will not do so during the time
they retain membership in the gallery. Holders of visitors'
cards who may be allowed temporary admission to the gallery
must conform to all the restrictions of this paragraph.
It shall be prerequisite to membership that the radio
station, television station, system, or news-gathering
agencies which the applicants represent shall certify, in
writing, to the Radio and Television Correspondents Gallery
that the applicants conform to the foregoing regulations.
The applications required by the above rule shall be
authenticated in a manner that shall be satisfactory to the
Executive Committee of the Radio and Television
Correspondents Gallery, which shall see that the occupation
of the gallery is confined to bona fide news gatherers and/
or reporters of reputable standing in their business who
represent radio stations, television stations, systems, or
news-gathering agencies engaged primarily in serving radio
stations, television stations, or systems. It shall be the
duty of the Executive Committee of the Radio and Television
Correspondents Gallery to report, at its discretion,
violation of privileges of the gallery to the Senate
Committee on Rules and Administration, and, pending action
thereon, the offending individual may be suspended.
Persons engaged in other occupations, whose chief
attention is not given to--or more than one-half of their
earned income is not derived from--the gathering or
reporting of news for radio stations, television stations,
systems, or news-gathering agencies primarily serving radio
stations, television stations, or systems, shall not be
entitled to admission to the Radio and Television
Correspondents Gallery. The Radio and Television
Correspondents list in the Congressional Directory shall be
a list only of persons whose chief attention is given to the
gathering and reporting of news for radio stations,
television stations, and systems engaged in the daily
dissemination of news, and of representatives of news-
gathering agencies engaged in the daily service of news to
such radio stations, television stations, or systems.
Members of the families of correspondents are not
entitled to the privileges of the gallery.
The Radio and Television Correspondents Gallery shall be
under the control of the Executive Committee of the Radio
and Television Correspondents Gallery, subject to the
approval and supervision of the Senate Committee on Rules
and Administration.
85.3 periodical press gallery
The front row in the northwest public gallery shall be
set aside for the use of the periodical press.
1. Persons eligible for admission to the Periodical
Press Gallery of the Senate must be bona fide resident
correspondents of reputable standing, giving their chief
attention to the gathering and reporting of news. They shall
state in writing the names of their employers and their
additional sources of earned income; and they shall declare
that, while a member of the Gallery, they will not act as an
agent in the prosecution of claims, and will not become
engaged or assist, directly or indirectly, in any lobbying,
promotion, advertising, or publicity activity intended to
influence legislation or any other action of the Congress,
nor any matter before any independent agency, or any
department or other instrumentality of the Executive Branch;
and that they will not act as an agent for, or be employed
by the federal, or any state, local or foreign government or
representatives thereof; and that they will not, directly or
indirectly, furnish special or ``insider'' information
intended to influence prices or for the purpose of trading
on any commodity or stock exchange; and that they will not
become employed, directly or indirectly, by any stock
exchange, board of trade or other organization or member
thereof, or brokerage house or broker engaged in the buying
and selling of any security or commodity. Applications shall
be submitted to the Executive Committee of the Periodical
Correspondents' Association and shall be authenticated in a
manner satisfactory to the Executive Committee.
2. Applicants must be employed by periodicals that
regularly publish a substantial volume of news material of
either general, economic, industrial, technical, cultural or
trade character. The periodical must require such Washington
coverage on a continuing basis and must be owned and
operated independently of any government, industry,
institution, association, or lobbying organization.
Applicants must also be employed by a periodical that is
published for profit and is supported chiefly by advertising
or by subscription, or by a periodical meeting the
conditions in this paragraph but published by a non-profit
organization that, first, operates independently of any
government, industry, or institution and, second, does not
engage, directly or indirectly, in any lobbying or other
activity intended to influence any matter before Congress or
before any independent agency or any department or other
instrumentality of the Executive Branch. House organs are
not eligible.
3. Members of the families of correspondents are not
entitled to the privileges of the gallery.
4. The Executive Committee may issue temporary
credentials permitting the privileges of the Gallery to
individuals who meet the rules of eligibility but who may be
on short term assignment or temporarily resident in
Washington.
5. Under the authority of Rule XXXIII of the Senate, the
Periodical Press Gallery of the Senate shall be under the
control of the Executive Committee, subject to the approval
and supervision of the Senate Committee on Rules and
Administration. It shall be the duty of the Executive
Committee, at its discretion, to report violations of the
privileges of the Gallery to the Senate Committee on Rules
and Administration, and pending action thereon, the
offending correspondent may be suspended. The Committee
shall be elected at the start of each Congress by members of
the Periodical Correspondents' Association, and shall
consist of seven members with no more than one member from
any one publishing organization. The Committee shall elect
its own officers, and a majority of the Committee may fill
vacancies on the Committee. The list in the Congressional
Directory shall be a list only of members of the Periodical
Correspondents' Association.
85.4 press photographers' gallery
1. (a) Administration of the Press Photographers'
Gallery is vested in a Standing Committee of Press
Photographers consisting of six persons elected by
accredited members of the gallery. The Committee shall be
composed of one member each from Associated Press Photos,
United Press International Newspictures, magazine media, and
local newspapers and two ``at large'' members. ``At large''
members may be, but need not be, selected from a media
otherwise represented on the Committee.
(b) The term of office of a member of the Committee
elected as the Associated Press Photos member, the local
newspapers member, or one of the ``at large'' members shall
expire on the day of the election held in the first odd-
numbered year following the year in which he was elected,
and the term of office of a member of the Committee elected
as the United Press International Newspictures member, the
magazine media member, or the remaining ``at large'' member
shall expire on the day of the election held in the first
even-numbered year following the year in which he was
elected, except that a member elected to fill a vacancy
occurring prior to the expiration of a term shall serve only
for the unexpired portion of such term.
(c) Elections shall be held as early as practicable in
each year, and in no case later than March 31. A vacancy in
the membership of the Committee occurring prior to the
expiration of a term shall be filled by special election
called for that purpose by the Committee.
(d) The Standing Committee of the Press Photographers'
Gallery shall propose no change or changes in these rules
except upon petition in writing signed by not less than 25
accredited members of the gallery.
2. Persons desiring admission to the Press
Photographers' Gallery of the Senate shall make application
in accordance with Rule XXXIII of the Senate, which rule
shall be interpreted and administered by the Standing
Committee of Press Photographers subject to the review and
approval of the Senate Committee on Rules and
Administration.
3. The Standing Committee of Press Photographers shall
limit membership in the photographers' gallery to bona fide
news photographers of repute in their profession and to
heads of Photographic Bureaus under such rules as the
Standing Committee of Press Photographers shall prescribe.
4. Provided, however, That the Standing Committee of
Press Photographers shall admit to the gallery no person who
does not establish to the satisfaction of the Committee all
of the following:
(a) That any member is not engaged in paid
publicity or promotion work or in prosecuting any
claim before Congress or before any department of
the Government, and will not become so engaged while
a member of the gallery.
(b) That he or she is not engaged in any
lobbying activity and will not become so engaged
while a member of the gallery.
85.5 presidential and diplomatic gallery
The southern gallery over the main entrance to the
Senate Chamber, except the first three rows on the eastern
side of the aisle, shall be set apart for the use of the
Diplomatic Corps, and no person shall be admitted to it
excepting the Secretary of State, foreign ministers, their
families and suites, and Senators.
The cards of admission to said gallery shall be issued
by the Secretary of State, or the chairman of the Committee
on Rules and Administration, to such persons as are entitled
to its privileges.
The first row on the eastern side of this gallery shall
be set apart for the use of the President; the second row on
the eastern side of this gallery shall be set apart for the
use of the Vice President; and the third row on the eastern
side of this gallery shall be set apart for the use of the
President pro tempore of the Senate.
85.6 senate gallery
The first two rows of the gallery over the east entrance
to the Senate shall be set apart for the exclusive use of
the wives and other members of the immediate families of
Senators.
The remainder of the gallery shall be set apart for the
exclusive use of the families of Senators and guests
visiting their families who shall be designated by some
member of the Senator's family, and for the families of ex-
Presidents of the United States, as well as families of
incumbent Secretary and Sergeant at Arms of the Senate.
Employees of the Senate, except those on duty at the
gallery door, shall be excluded.
85.7 visitors' galleries
The visitors' galleries shall be governed by the
following rule:
The galleries over the western entrance to the Senate
Chamber and over the southeastern, northwestern, and
northeastern corners of said Chamber shall be set apart for
the use of persons holding a card issued by a Senator. The
period to which such card of admission shall be limited
rests entirely in the discretion of the Senator issuing it,
except that such cards shall expire at the end of each
session and cards of a different color shall be furnished by
the Sergeant at Arms for the following session. The Sergeant
at Arms shall in his discretion limit occupancy of the
visitors' galleries to such periods as may be required to
accommodate with reasonable expediency all card bearers who
are seeking admission.
85.8 special gallery
The gallery adjoining and west of the Diplomatic Gallery
shall be reserved for guided tours and other special
parties.
86 RULE VII
MARBLE ROOM
The anteroom known as the Marble Room is a part of the
floor of the Senate.
87 RULE VIII
CLOAKROOMS
No persons shall be admitted to the cloakrooms adjoining
the Senate Chamber excepting those entitled to the
privileges of the Senate floor under Standing Rule XXIII.
88 RULE IX
HEATING AND VENTILATING DEPARTMENT
No person shall be admitted to the heating and
ventilating department of the Senate wing of the Capitol,
except upon a pass from the Sergeant at Arms, or unless
accompanied by an officer of the Senate.
89 RULE X
SMOKING POLICY \1\
Smoking is prohibited in all public places and
unassigned space within the Senate Wing of the Capitol and
the Senate Office Buildings, with the exception of one
ventilated smoking area in the Senate Wing of the Capitol
and each of the Senate Office Buildings, as designated by
the Architect of the Capitol with the approval of the
Chairman of the Committee on Rules and Administration.
Senators, Chairmen of Committees in consultation with the
Ranking Member, the Secretary of the Senate, the Sergeant at
Arms, the Architect of the Capitol, the Chaplain, and heads
of support organizations assigned space in the Senate Wing
of the Capitol or the Senate Office Buildings may each
establish smoking policies for all office space assigned to
them.
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\1\ Adopted June 22, 1998.
90 RULE XI
SENATE RESTAURANTS
The management of the Senate Restaurants and all matters
connected therewith are under the jurisdiction, control, and
direction of the Committee on Rules and Administration.\2\
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\2\Rule XXV (n)(1) 12 of the Standing Rules of the
Senate.
Note.--Pursuant to Public Law 87-82 (75 Stat. 199, July
6, 1961) the management of the Senate Restaurants was
transferred to the Architect of the Capitol, subject to
approval by the Committee on Rules and Administration as to
matters of general policy. See Senate Manual Section 518.
91 RULE XII
CORRIDORS, ETC.
The corridors and passageways of the Senate wing of the
Capitol shall be kept open and free from obstructions and
free from any person or persons loitering or loafing in or
around such places without any visible or lawful business
and not giving a good account of themselves; and no stands,
booths, or counters for the exhibition or sale of any
article shall be placed therein.
92 RULE XIII
PEDDLING, BEGGING, ETC.
Peddling, begging, and the solicitation of book or other
subscriptions are strictly forbidden in the Senate wing of
the Capitol, and no portion of said wing shall be occupied
by signs or other devices for advertising any article
whatsoever excepting timetables in the Post Office and such
signs as may be necessary to designate the entrances to the
Senate Restaurant.
95 RULE XIV
SWEEPING, CLEANING
All sweeping, cleaning, and dusting of the Senate wing
of the Capitol shall be done, as far as practicable,
immediately after the adjournment of each day's session of
the Senate, and must, in any event, be completed before 8
o'clock a.m.
96 RULE XV
LEGISLATIVE BUZZERS AND SIGNAL LIGHTS
Effective May 15, 1981, the system of legislative
buzzers and signal lights shall be as follows:
Pre-session signals: One long ring at hour of convening.
One red light to remain lighted at
all times while Senate is in
actual session.
Session signals: One ring--Yeas and nays.
Two rings--quorum call.
Three rings--Call of absentees.
Four rings--Adjournment or recess.
(End of daily session.)
Five rings--Seven and a half minutes
remaining on yea and nay vote.
Six rings--Morning business
concluded. (Six rings with
corresponding lights. Lights cut
off immediately.)
Recess during daily session. (Six
rings with corresponding lights.
Lights stay on during period of
recess.)
Effective July 13, 1967, the legislative call system
shall be used for alerting Members of Congress,
Congressional employees, and visitors of enemy attack or
other major disaster conditions. There will be two signals:
1. Attack warning.--Notification to all
occupants that the United States is under attack and
that there is real danger of loss of life. This
warning would be given by a sequence of two-second
sounds of the legislative bells separated by two-
second silent intervals. This signal would be
repeated for 3 to 5 minutes.
2. Attention signal.--Notification of peacetime
disasters, such as accidental presence of
radioactive materials or severe weather or natural
disaster conditions. This signal would be given by a
series of 16-second bell sounds separately by 16-
second silent intervals, repeated for 3 to 5
minutes.
(Where lights exist they will correspond
with rings.)
97 RULE XVI
SENATE OFFICE BUILDING\1\ AND OTHER SENATE BUILDINGS
All provisions of the foregoing rules so far as
practicable are made applicable to the Senate Office
Buildings,\1\ the buildings used for the storage of Senate
documents, and the Senate garage.
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\1\See Senate Manual sections 79.8, 79.9.
98 RULE XVII
USE OF DISPLAY MATERIALS IN THE SENATE CHAMBER \2\
Graphic displays in the Senate Chamber are limited to
the following:
\2\ Effective July 25, 1986; amended Nov. 4, 1993.
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Charts, photographs, or renderings:
Size--No larger than 36 inches by 48 inches.
Where--On an easel stand next to the Senator's desk or
at the rear of the Chamber.
When--Only at the time the Senator is engaged in debate.
Number--No more than two may be displayed at a time.
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RULES OF PROCEDURE AND PRACTICE IN THE SENATE WHEN SITTING
ON IMPEACHMENT TRIALS
------------------------------------------------------------
[Revised pursuant to S. Res. 479, 99-2, Aug. 16, 1986]
100 I. Whensoever the Senate shall receive notice from the
House of Representatives that managers are appointed on
their part to conduct an impeachment against any person and
are directed to carry articles of impeachment to the Senate,
the Secretary of the Senate shall immediately inform the
House of Representatives that the Senate is ready to receive
the managers for the purpose of exhibiting such articles of
impeachment, agreeably to such notice.
101 II. When the managers of an impeachment shall be
introduced at the bar of the Senate and shall signify that
they are ready to exhibit articles of impeachment against
any person, the Presiding Officer of the Senate shall direct
the Sergeant at Arms to make proclamation, who shall, after
making proclamation, repeat the following words, viz: ``All
persons are commanded to keep silence, on pain of
imprisonment, while the House of Representatives is
exhibiting to the Senate of the United States articles of
impeachment against ------ ------''; after which the
articles shall be exhibited, and then the Presiding Officer
of the Senate shall inform the managers that the Senate will
take proper order on the subject of the impeachment, of
which due notice shall be given to the House of
Representatives.
102 III. Upon such articles being presented to the Senate,
the Senate shall, at 1 o'clock afternoon of the day (Sunday
excepted) following such presentation, or sooner if ordered
by the Senate, proceed to the consideration of such articles
and shall continue in session from day to day (Sundays
excepted) after the trial shall commence (unless otherwise
ordered by the Senate) until final judgment shall be
rendered, and so much longer as may, in its judgment, be
needful. Before proceeding to the consideration of the
articles of impeachment, the Presiding Officer shall
administer the oath hereinafter provided to the members of
the Senate then present and to the other members of the
Senate as they shall appear, whose duty it shall be to take
the same.
103 IV. When the President of the United States or the Vice
President of the United States, upon whom the powers and
duties of the Office of President shall have devolved, shall
be impeached, the Chief Justice of the United States shall
preside; and in a case requiring the said Chief Justice to
preside notice shall be given to him by the Presiding
Officer of the Senate of the time and place fixed for the
consideration of the articles of impeachment, as aforesaid,
with a request to attend; and the said Chief Justice shall
be administered the oath by the Presiding Officer of the
Senate and shall preside over the Senate during the
consideration of said articles and upon the trial of the
person impeached therein.
104 V. The Presiding Officer shall have power to make and
issue, by himself or by the Secretary of the Senate, all
orders, mandates, writs, and precepts authorized by these
rules or by the Senate, and to make and enforce such other
regulations and orders in the premises as the Senate may
authorize or provide.
105 VI. The Senate shall have power to compel the attendance
of witnesses, to enforce obedience to its orders, mandates,
writs, precepts, and judgments, to preserve order, and to
punish in a summary way contempts of, and disobedience to,
its authority, orders, mandates, writs, precepts, or
judgments, and to make all lawful orders, rules, and
regulations which it may deem essential or conducive to the
ends of justice. And the Sergeant at Arms, under the
direction of the Senate, may employ such aid and assistance
as may be necessary to enforce, execute, and carry into
effect the lawful orders, mandates, writs, and precepts of
the Senate.
106 VII. The Presiding Officer of the Senate shall direct
all necessary preparations in the Senate Chamber, and the
Presiding Officer on the trial shall direct all the forms of
proceedings while the Senate is sitting for the purpose of
trying an impeachment, and all forms during the trial not
otherwise specially provided for. And the Presiding Officer
on the trial may rule on all questions of evidence
including, but not limited to, questions of relevancy,
materiality, and redundancy of evidence and incidental
questions, which ruling shall stand as the judgment of the
Senate, unless some Member of the Senate shall ask that a
formal vote be taken thereon, in which case it shall be
submitted to the Senate for decision without debate; or he
may at his option, in the first instance, submit any such
question to a vote of the Members of the Senate. Upon all
such questions the vote shall be taken in accordance with
the Standing Rules of the Senate.
107 VIII. Upon the presentation of articles of impeachment
and the organization of the Senate as hereinbefore provided,
a writ of summons shall issue to the person impeached,
reciting said articles, and notifying him to appear before
the Senate upon a day and at a place to be fixed by the
Senate and named in such writ, and file his answer to said
articles of impeachment, and to stand to and abide the
orders and judgments of the Senate thereon; which writ shall
be served by such officer or person as shall be named in the
precept thereof, such number of days prior to the day fixed
for such appearance as shall be named in such precept,
either by the delivery of an attested copy thereof to the
person impeached, or if that can not conveniently be done,
by leaving such copy at the last known place of abode of
such person, or at his usual place of business in some
conspicuous place therein; or if such service shall be, in
the judgment of the Senate, impracticable, notice to the
person impeached to appear shall be given in such other
manner, by publication or otherwise, as shall be deemed
just; and if the writ aforesaid shall fail of service in the
manner aforesaid, the proceedings shall not thereby abate,
but further service may be made in such manner as the Senate
shall direct. If the person impeached, after service, shall
fail to appear, either in person or by attorney, on the day
so fixed therefor as aforesaid, or, appearing, shall fail to
file his answer to such articles of impeachment, the trial
shall proceed, nevertheless, as upon a plea of not guilty.
If a plea of guilty shall be entered, judgment may be
entered thereon without further proceedings.
108 IX. At 12:30 o'clock afternoon of the day appointed for
the return of the summons against the person impeached, the
legislative and executive business of the Senate shall be
suspended, and the Secretary of the Senate shall administer
an oath to the returning officer in the form following, viz:
``I, ------ ------, do solemnly swear that the return made
by me upon the process issued on the ---- day of ------, by
the Senate of the United States, against ------ ------, is
truly made, and that I have performed such service as
therein described: So help me God.'' Which oath shall be
entered at large on the records.
109 X. The person impeached shall then be called to appear
and answer the articles of impeachment against him. If he
appears, or any person for him, the appearance shall be
recorded, stating particularly if by himself, or by agent or
attorney, naming the person appearing and the capacity in
which he appears. If he does not appear, either personally
or by agent or attorney, the same shall be recorded.
110 XI. That in the trial of any impeachment the Presiding
Officer of the Senate, if the Senate so orders, shall
appoint a committee of Senators to receive evidence and take
testimony at such times and places as the committee may
determine, and for such purpose the committee so appointed
and the chairman thereof, to be elected by the committee,
shall (unless otherwise ordered by the Senate) exercise all
the powers and functions conferred upon the Senate and the
Presiding Officer of the Senate, respectively, under the
rules of procedure and practice in the Senate when sitting
on impeachment trials.
Unless otherwise ordered by the Senate, the rules of
procedure and practice in the Senate when sitting on
impeachment trials shall govern the procedure and practice
of the committee so appointed. The committee so appointed
shall report to the Senate in writing a certified copy of
the transcript of the proceedings and testimony had and
given before such committee, and such report shall be
received by the Senate and the evidence so received and the
testimony so taken shall be considered to all intents and
purposes, subject to the right of the Senate to determine
competency, relevancy, and materiality, as having been
received and taken before the Senate, but nothing herein
shall prevent the Senate from sending for any witness and
hearing his testimony in open Senate, or by order of the
Senate having the entire trial in open Senate.
111 XII. At 12:30 o'clock afternoon, or at such other hour
as the Senate may order, of the day appointed for the trial
of an impeachment, the legislative and executive business of
the Senate shall be suspended, and the Secretary shall give
notice to the House of Representatives that the Senate is
ready to proceed upon the impeachment of ------ ------, in
the Senate Chamber.
112 XIII. The hour of the day at which the Senate shall sit
upon the trial of an impeachment shall be (unless otherwise
ordered) 12 o'clock m.; and when the hour shall arrive, the
Presiding Officer upon such trial shall cause proclamation
to be made, and the business of the trial shall proceed. The
adjournment of the Senate sitting in said trial shall not
operate as an adjournment of the Senate; but on such
adjournment the Senate shall resume the consideration of its
legislative and executive business.
113 XIV. The Secretary of the Senate shall record the
proceedings in cases of impeachment as in the case of
legislative proceedings, and the same shall be reported in
the same manner as the legislative proceedings of the
Senate.
114 XV. Counsel for the parties shall be admitted to appear
and be heard upon an impeachment.
115 XVI. All motions, objections, requests, or applications
whether relating to the procedure of the Senate or relating
immediately to the trial (including questions with respect
to admission of evidence or other questions arising during
the trial) made by the parties or their counsel shall be
addressed to the Presiding Officer only, and if he, or any
Senator, shall require it, they shall be committed to
writing, and read at the Secretary's table.
116 XVII. Witnesses shall be examined by one person on
behalf of the party producing them, and then cross-examined
by one person on the other side.
117 XVIII. If a Senator is called as a witness, he shall be
sworn, and give his testimony standing in his place.
118 XIX. If a Senator wishes a question to be put to a
witness, or to a manager, or to counsel of the person
impeached, or to offer a motion or order (except a motion to
adjourn), it shall be reduced to writing, and put by the
Presiding Officer. The parties or their counsel may
interpose objections to witnesses answering questions
propounded at the request of any Senator and the merits of
any such objection may be argued by the parties or their
counsel. Ruling on any such objection shall be made as
provided in Rule VII. It shall not be in order for any
Senator to engage in colloquy.
119 XX. At all times while the Senate is sitting upon the
trial of an impeachment the doors of the Senate shall be
kept open, unless the Senate shall direct the doors to be
closed while deliberating upon its decisions. A motion to
close the doors may be acted upon without objection, or, if
objection is heard, the motion shall be voted on without
debate by the yeas and nays, which shall be entered on the
record.
120 XXI. All preliminary or interlocutory questions, and all
motions, shall be argued for not exceeding one hour (unless
the Senate otherwise orders) on each side.
121 XXII. The case, on each side, shall be opened by one
person. The final argument on the merits may be made by two
persons on each side (unless otherwise ordered by the Senate
upon application for that purpose), and the argument shall
be opened and closed on the part of the House of
Representatives.
122 XXIII. An article of impeachment shall not be divisible
for the purpose of voting thereon at any time during the
trial. Once voting has commenced on an article of
impeachment, voting shall be continued until voting has been
completed on all articles of impeachment unless the Senate
adjourns for a period not to exceed one day or adjourns sine
die. On the final question whether the impeachment is
sustained, the yeas and nays shall be taken on each article
of impeachment separately; and if the impeachment shall not,
upon any of the articles presented, be sustained by the
votes of two-thirds of the Members present, a judgment of
acquittal shall be entered; but if the person impeached
shall be convicted upon any such article by the votes of
two-thirds of the Members present, the Senate shall proceed
to the consideration of such other matters as may be
determined to be appropriate prior to pronouncing judgment.
Upon pronouncing judgement, a certified copy of such
judgment shall be deposited in the office of the Secretary
of State. A motion to reconsider the vote by which any
article of impeachment is sustained or rejected shall not be
in order.
122.1 Form of putting the question on each article of impeachment.
The Presiding Officer shall first state the question;
thereafter each Senator, as his name is called, shall rise
in his place and answer: guilty or not guilty.
123 XXIV. All the orders and decisions may be acted upon
without objection, or, if objection is heard, the orders and
decisions shall be voted on without debate by yeas and nays,
which shall be entered on the record, subject, however, to
the operation of Rule VII, except when the doors shall be
closed for deliberation, and in that case no member shall
speak more than once on one question, and for not more than
ten minutes on an interlocutory question, and for not more
than fifteen minutes on the final question, unless by
consent of the Senate, to be had without debate; but a
motion to adjourn may be decided without the yeas and nays,
unless they be demanded by one-fifth of the members present.
The fifteen minutes herein allowed shall be for the whole
deliberation on the final question, and not on the final
question on each article of impeachment.
124 XXV. Witnesses shall be sworn in the following form,
viz: ``You, ------ ------, do swear (or affirm, as the case
may be) that the evidence you shall give in the case now
pending between the United States and ------ ------, shall
be the truth, the whole truth, and nothing but the truth: So
help you God.'' Which oath shall be administered by the
Secretary, or any other duly authorized person.
125 Form of a subpena be issued on the application of the
managers of the impeachment, or of the party impeached,
or of his counsel.
To ------ ------, greeting:
You and each of you are hereby commanded to appear
before the Senate of the United States, on the ---- day of
------, at the Senate Chamber in the city of Washington,
then and there to testify your knowledge in the cause which
is before the Senate in which the House of Representatives
have impeached ------ ------.
Fail not.
Witness ------ ------, and Presiding Officer of the
Senate, at the city of Washington, this ---- day of ------,
in the year of our Lord --------, and of the Independence of
the United States the ------.
------ ------,
Presiding Officer of the Senate.
125.1 FORM OF DIRECTION FOR THE SERVICE OF SAID SUBPENA
The Senate of the United States to ------ ------, greeting:
You are hereby commanded to serve and return the within
subpena according to law.
Dated at Washington, this ---- day of ------, in the
year of our Lord ----, and of the Independence of the United
States the ------.
------ ------,
Secretary of the Senate.
125.2 FORM OF OATH TO BE ADMINISTERED TO THE MEMBERS OF THE SENATE
AND THE PRESIDING OFFICER SITTING IN THE TRIAL OF
IMPEACHMENTS
``I solemnly swear (or affirm, as the case may be) that
in all things appertaining to the trial of the impeachment
of ------ ------, now pending, I will do impartial justice
according to the Constitution and laws: So help me God.''
125.3 FORM OF SUMMONS TO BE ISSUED AND SERVED UPON THE PERSON
IMPEACHED
The United States of America, ss:
The Senate of the United States to ------ ------, greeting:
Whereas the House of Representatives of the United
States of America did, on the ---- day of ------, exhibit to
the Senate articles of impeachment against you, the said --
---- ------, in the words following:
[Here insert the articles]
And demand that you, the said ------ ------, should be put
to answer the accusations as set forth in said articles, and
that such proceedings, examinations, trials, and judgments
might be thereupon had as are agreeable to law and justice.
You, the said ------ ------, are therefore hereby
summoned to be and appear before the Senate of the United
States of America, at their Chamber in the city of
Washington, on the ---- day of ------, at ---- o'clock ----,
then and there to answer to the said articles of
impeachment, and then and there to abide by, obey, and
perform such orders, directions, and judgments as the Senate
of the United States shall make in the premises according to
the Constitution and laws of the United States.
Hereof you are not to fail.
Witness ------ ------, and Presiding Officer of the said
Senate, at the city of Washington, this ---- day of ------,
in the year of our Lord ------, and of the Independence of
the United States the ------.
------ ------,
Presiding Officer of the Senate.
125.4 FORM OF PRECEPT TO BE INDORSED ON SAID WRIT OF SUMMONS
The United States of America, ss:
The Senate of the United States to ------ ------, greeting:
You are hereby commanded to deliver to and leave with --
---- ------, if conveniently to be found, or if not, to
leave at his usual place of abode, or at his usual place of
business in some conspicuous place, a true and attested copy
of the within writ of summons, together with a like copy of
this precept; and in whichsoever way you perform the
service, let it be done at least ------ days before the
appearance day mentioned in the said writ of summons.
Fail not, and make return of this writ of summons and
precept, with your proceedings thereon indorsed, on or
before the appearance day mentioned in the said writ of
summons.
Witness ------ ------, and Presiding Officer of the
Senate, at the city of Washington, this ---- day of ------,
in the year of our Lord ------, and of the Independence of
the United States the ------.
------ ------,
Presiding Officer of the Senate.
All process shall be served by the Sergeant at Arms of
the Senate, unless otherwise ordered by the Senate.
126 XXVI. If the Senate shall at any time fail to sit for
the consideration of articles of impeachment on the day or
hour fixed therefor, the Senate may, by an order to be
adopted without debate, fix a day and hour for resuming such
consideration.
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CLEAVES' MANUAL OF THE LAW AND PRACTICE IN REGARD TO
CONFERENCES AND CONFERENCE REPORTS\1\
------------------------------------------------------------
[Note.--The figures in parentheses at the end of rules
refer to sections of Hinds' Parliamentary Precedents (H.R.
Doc. 576, 55-2), where decisions and proceedings may be
found. The notes and references inserted are additional to
those in the work, and not found therein.]
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\1\Collated and prepared by Thomas P. Cleaves, Clerk to
the Committee on Appropriations, United States Senate, and
reported to the Senate by Mr. Allison, First Session, Fifty-
seventh Congress, under the following resolution of June 6,
1900:
``Resolved, That the Committee on Appropriations cause
to be prepared for the use of the Senate a manual of the law
and practice in regard to conferences and conference
reports.''
---------------------------------------------------------------------------
CONFERENCES
127 1. Parliamentary law relating to conferences as stated
in Jefferson's Manual, Section XLVI:
127.1 It is on the occasion of amendments between the Houses
that conferences are usually asked; but they may be asked in
all cases of difference of opinion between the two Houses on
matters depending between them. The request of a conference,
however, must always be by the House which is possessed of
the papers. (3 Hats., 31; 1 Grey, 425.)
127.2 Conferences may either be simple or free. At a
conference simply,\2\ written reasons are prepared by the
House asking it, and they are read and delivered without
debate, to the managers of the other House at the
conference, but are not then to be answered. (4 Grey, 144.)
The other House then, if satisfied, vote the reasons
satisfactory, or say nothing; if not satisfied, they resolve
them not satisfactory and ask a conference on the subject of
the last conference, where they read and deliver, in like
manner, written answers to those reasons. (3 Grey, 183.)
They are meant chiefly to record the justification of each
House to the nation at large and to posterity, and in proof
that the miscarriage of a necessary measure is not imputable
to them. (3 Grey, 225.) At free conferences the managers
discuss, vivi voce and freely, and interchange propositions
for such modifications as may be made in a parliamentary
way, and may bring the sense of the two Houses together. And
each party reports in writing to their respective Houses the
substance of what is said on both sides, and it is entered
in their journals. (9 Grey, 220; 3 Hats., 280.) This report
can not be amended or altered, as that of a committee may
be. (Journal Senate, May 24, 1796.)
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\2\So in original.
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127.3 A conference may be asked before the House asking if it
has come to a resolution of disagreement, insisting or
adhering. (3 Hats., 269, 341.) In which case the papers are
not left with the other conferees, but are brought back to
be the foundation of the vote to be given. And this is the
most reasonable and respectful proceeding; for, as was urged
by the Lords on a particular occasion, ``it is held vain,
and below the wisdom of Parliament, to reason or argue
against fixed resolutions and upon terms of impossibility to
persuade.'' (3 Hats., 226.) So the Commons say, ``an
adherence is never delivered at a free conference, which
implies debate.'' (10 Grey, 137.) And on another occasion
the Lords made it an objection that the Commons had asked a
free conference after they had made resolutions of adhering.
It was then affirmed, however, on the part of the Commons,
that nothing was more parliamentary than to proceed with
free conferences after adhering (3 Hats., 369), and we do in
fact see instances of conference, or of free conference,
asked after the resolution of disagreeing (3 Hats., 251,
253, 260, 286, 291, 316, 349); of insisting (ib., 280, 296,
299, 319, 322, 355); of adhering (269, 270, 283, 300), and
even of a second or final adherence. (3 Hats., 270.) And in
all cases of conference asked after a vote of disagreement,
etc., the conferees of the House asking it are to leave the
papers with the conferees of the other; and in one case
where they refused to receive them they were left on the
table in the conference chamber. (Ib., 271, 317, 323, 354;
10 Grey, 146.)
127.4 After a free conference the usage is to proceed with
free conferences, and not to return again to a conference.
(3 Hats., 270; 9 Grey, 229.)
127.5 After a conference denied a free conference may be asked
(1 Grey, 45.)
127.6 When a conference is asked the subject of it must be
expressed or the conference not agreed to. (Ord. H. Com.,
89; 1 Grey, 425; 7 Grey, 31.) They are sometimes asked to
inquire concerning an offense or default of a member of the
other House. (6 Grey, 181; 1 Chand., 204.) Or the failure of
the other House to present to the King a bill passed by both
Houses. (8 Grey, 302.) Or on information received and
relating to the safety of the nation. (10 Grey, 171.) Or
when the methods of Parliament are thought by the one House
to have been departed from by the other a conference is
asked to come to a right understanding thereon. (10 Grey,
148.) So when an unparliamentary message has been sent,
instead of answering it, they ask a conference. (3 Grey,
155.) Formerly an address or articles of impeachment, or a
bill with amendments, or a vote of the House, or concurrence
in a vote, or a message from the King, were sometimes
communicated by way of conference. But this is not the
modern practice. (1366.)
[Senate Manual, 1902, p. 137; House Manual, 56th Cong., 2d
sess., p. 207.]
CHARACTER OF CONFERENCES
128 2. Conferences may either be simple or free.
[Jefferson's Manual, Sec. XLVI.]
Note.--This rule and the definition and description of
the two kinds of conferences are found in the foregoing
section. Vice President Hamlin, in ruling upon a question of
order in the Senate in the Thirty-eighth Congress, stated
the rule and the distinction between free and simple
conferences as follows:
``Conferences are of two characters, free and simple. A
free conference is that which leaves the committee of
conference entirely free to pass upon any subject where the
two branches have disagreed in their vote, not, however,
including any action upon any subject where there has been a
concurrent vote of both branches. A simple conference--
perhaps it should more properly be termed a strict or a
specific conference, though the parliamentary term is
simple--is that which confines the committee of conference
to the specific instructions of the body appointing it.''
(38th Cong., 1st sess., Congressional Globe, pt. I, p. 900.)
Speaker Reed, in his Manual of General Parliamentary
Law, chapter XV, section 242, states that ``A free
conference is one where the conferees meet and present not
only the reasons of each House, but such arguments and
reasons and persuasions as seem suitable to each member of
the committee. Instead of being confined to reasons adopted
by either House, each member may present his own. A
conference may therefore be a free conference though each
House may have instructed its members and limited them to
the terms of the agreement. This method of conference is the
only one known to our parliamentary law; at least, it is the
only one now in practice. When two legislative bodies in
this country have a conference, it is a free conference * *
*''
REQUEST FOR CONFERENCE
129 3. The request for a conference must always be made by
the House in possession of the papers. (1366.)
[Jefferson's Manual, Sec. XLVI.]
130 4. The motion to ask for a conference comes properly
after the motion to disagree, insist, or adhere. (1367.)
131 5. A conference may be asked before there has been a
disagreement. (1366.)
[48th Cong., 1st sess., S. Jour., pp. 628, 642-643;
Jefferson's Manual, Sec. XLVI.]
132 6. After one House has adhered the other may recede or
ask a conference, which may be granted by the other House.
(1358-1361.)
[23d Cong., 1st sess., S. Jour., p. 112; S. Jour., vol. 2,
pp. 70, 71; S. Jour., vol. 5, pp. 657, 661; Jefferson's
Manual, Sec. XLVI.]
133 7. The House may agree to a conference without
reconsidering its vote to adhere. (1362.)
134 8. Instances have occurred where one House has adhered
at once and has even refused a conference. (1363.)
Note.--In section XLV, Jefferson's Manual, it is stated
that ``Either House is free to pass over the term of
insisting, and to adhere in the first instance, but it is
not respectful to the other. In the ordinary parliamentary
course there are two free conferences, at least, before an
adherence.''
135 9. Where one House has voted at once to adhere, the
other may insist and ask a conference; but the motion to
recede has precedence. (1364.)
136 10. One House may disagree to the amendment of the
other, leaving it for the latter House to ask for the
conference as soon as the vote of disagreement is passed.
(1368.)
137 11. The amending House may insist at once upon its
amendments, and ask for a conference. (1370-1371.)
[48th Cong., 1st sess., S. Jour., pp. 628, 642, 643;
Congressional Record, pp. 3974-4098.]
138 12. The request of the other House for a conference may
be referred to a committee.
[19th Cong., 1st sess., S. Jour., p. 302, 49th Cong. 1st
sess., H. Jour., pp. 2292, 2293; Congressional Record, p.
7332.]
139 13. Where a conference committee is unable to agree, or
where a report is disgreed to, another conference is usually
asked for and agreed to. (1384-1388.)
140 14. Before the stage of disagreement has been reached,
the request of the other House for a conference gives the
bill no privilege over the other business of the House.
(1374, 1375.)
141 15. The conference on a disagreement as to Senate
amendments to a House bill having failed, the Senate
reconsidered its action in amending and passing the bill,
passed it with a new amendment, and asked a new conference.
[55th Cong., 3d sess., Congressional Record, pp. 317, 439,
628, 631, 2303, 2360, 2362, 2770.]
142 16. The motion to insist and ask a conference has
precedence of the motion to instruct conferees. (1376-
1379.)
CONFEREES
APPOINTMENT OF CONFEREES
143 17. Statement of principles governing the selection of
conferees on the part of the House (1383), namely:
Note.--These principles and provisions are also
applicable to the Senate and in harmony with its practice.
143.1 The House members of conference committees, called the
managers on the part of the House, are appointed by the
Speaker.
Note.--The Senate members of conference committees,
called the managers on the part of the Senate, are appointed
by the Presiding Officer, by unanimous consent, under the
custom of the Senate. Rule XXIV provides that chairman and
other members of committees of the Senate shall be appointed
by resolution unless otherwise ordered.
143.2 They are usually three in number, but on important
measures the number is sometimes increased. In the selection
of the managers the two large political parties are usually
represented, and, also, care is taken that there shall be a
representation of the two opinions which almost always exist
on subjects of importance. Of course the majority party and
the prevailing opinion have the majority of the managers. *
* *
143.3 It is also almost the invariable practice to select
managers from the members of the committee which considered
the bill. * * * But sometimes in order to give
representation to a strong or prevailing sentiment in the
House the Speaker goes outside the ranks of the committee. *
* *
143.4 The managers of the two Houses while in conference vote
separately, the majority determining the attitude to be
taken toward the propositions of the other House. When the
report is made the signatures of a majority of each board of
managers are sufficient. The minority managers frequently
refrain from signing the report, and it is not unprecedented
for a minority manager to indorse his protest on the report.
144 18. When conferees have disagreed or a conference report
has been rejected, the usual practice is to reappoint the
managers, although it seems to have been otherwise in former
years. (1383.)
145 19. Conferees having been appointed, it is too late to
reconsider the vote whereby the House has disagreed to a
Senate amendment. (1205.)
DISCHARGE OF CONFEREES
146 20. While a conference asked by the House was in
progress on the House's disagreement to Senate amendments,
by a special order the House discharged its conferees,
receded from its disagreement, and agreed to the amendments.
(1373.)
Note.--Similar action was taken by the Senate under like
circumstances in the Forty-second Congress (42d Cong. 2d
sess., S. Jour., p. 1028).
INSTRUCTIONS TO CONFEREES
147 21. It is in order to instruct conferees, and the
resolution of instruction should be offered after the House
has voted to insist and ask a conference and before the
conferees have been appointed. (1376-1379.)
[38th Cong., 2d sess., S. Jour., p. 268; 39th Cong., 1st
sess., S. Jour., p. 782, 784; 40th Cong., 2d sess., S.
Jour., p. 119.]
148 22. It is not the practice to instruct conferees before
they have met and disagreed. (1380.)
149 23. It is not in order to give such instructions to
conferees as would require changes in the text to which both
Houses have agreed. (1380.)
150 24. The House having asked for a free conference, it is
not in order to instruct the conferees. (1381.)
151 25. The motion to instruct conferees is amendable.
(1390.)
[40th Cong., 2d sess., S. Jour., p. 119.]
152 26. A conference report may be received although it may
be in violation of instructions given to the conferees.
(1382.)
CONFERENCE COMMITTEES AND REPORTS
AUTHORITY OF CONFERENCE COMMITTEES
153 27. A conference committee is practically two distinct
committees, each of which acts by a majority. (1401.)
154 28. Conference reports must be signed by a majority of
the managers on the part of each House. They are made in
duplicate for the managers to present to their respective
Houses, the signatures of the managers of each House
appearing first on the report that is to be presented to the
House they represent.
Note.--See form of conference report appended.
155 29. Conferees may not include in their report matters
not committed to them by either House. (1414-1417.)
[50th Cong., 1st sess., S. Jour., pp. 1064, 1065; 54th
Cong., 2d sess., S. Jour., pp. 90, 91, 96.]
155.1 In the House, in case such matter is included, the
conference report may be ruled out on a point of order.
(See Rule 50, below.)
155.2 In the Senate, in case such matter is included, the
custom is to submit the question of order to the Senate.
Note.--In the Fifty-fifth Congress, first session, Vice-
President Hobart, in overruling a point of order made on
this ground against a conference report during its reading
in the Senate, stated that the report having been adopted by
one House and being now submitted for discussion and
decision in the form of concurrence or disagreement, it is
not in the province of the Chair during the progress of its
presentation to decide that matter has been inserted which
is new or not relevant, but that such questions should go
before the Senate when it comes to vote on the adoption or
rejection of the report. (55th Cong., 1st sess., S. Jour.,
pp. 171, 172; Congressional Record, pp. 2780-2787.) See also
Congressional Record, p. 2827, 56th Cong., 2d sess., when
the Presiding Officer (Mr. Lodge in the Chair) referred with
approval to the foregoing decision of Vice-President Hobart,
and stated that when a point of order is made on a
conference report on the ground that new matter has been
inserted, the Chair should submit the question to the Senate
instead of deciding it himself, as has been the custom in
the House. No formal ruling was made in this case, however,
as the conference report, after debate, was, by unanimous
consent, rejected. (56th Cong., 2d sess., Congressional
Record, pp. 2826-2883.)
156 30. Conferees may not strike out in conference anything
in a bill agreed to and passed by both Houses. (1321.)
[Jefferson's Manual, Sec. XLV.]
157 31. Conferees may include in their report matters which
are germane modifications of subjects in disagreement
between the Houses and committed to the conference. (1418-
1419.)
158 32. A disagreement to an amendment in the nature of a
substitute having been referred to conferees, it was held to
be in order for them to report a new bill on the same
subject. (1420.)
159 33. A conference committee may report agreement as to
some of the matters of difference, but inability to agree as
to others. (1392.)
[29th Cong., 1st sess., S. Jour., pp. 523-524.]
160 34. In drafting a conference report care should be taken
in stating the action of the conferees on amendments to
observe the parliamentary rule that neither House can recede
from or insist on its own amendment with an amendment; and
in case pages and lines of the bill or amendments are
referred to in the report, the engrossed bill and amendments
only should be used.
PRESENTATION AND PRIVILEGE OF CONFERENCE REPORTS
161 35. A conference report is made first to the House
agreeing to the conference.
Note.--This rule seems to follow from the principle laid
down by Jefferson (Manual, Sec. XLVI), that ``in all cases
of conference asked after a vote of disagreement, etc., the
conferees of the House asking it are to leave the papers
with the conferees of the other,'' thus putting the agreeing
House in possession of the papers, and has been the usual
practice in Congress.
162 36. Conference reports are in order in the Senate under
Rule XXVIII, as follows:
The presentation of reports of committees of conference
shall always be in order, except when the Journal is being
read or a question of order or motion to adjourn is pending,
or while the Senate is dividing; and when received, the
question of proceeding to the consideration of the report,
if raised, shall be immediately put, and shall be determined
without debate.
Note.--It has been held in the Senate that the
presentation of a conference report includes its reading,
unless by unanimous consent the reading is dispensed with
(54th Cong., 1st sess., S. Jour., p. 334; Congressional
Record, p. 5511).
163 37. Conference reports are in order in the House under
Rule XXVIII, as follows:
The presentation of reports of committees of conference
shall always be in order except when the journal is being
read, while the roll is being called, or the House is
dividing on any proposition. And there shall accompany any
such report a detailed statement sufficiently explicit to
inform the House what effect such amendments or propositions
shall have upon the measures to which they relate.
Note.--Paragraph 4 of rule XXVIII of the Standing Rules
of the Senate requires a conference report to be accompanied
by an explanatory statement prepared jointly by the
conferees on the part of the House and the Senate. (See
Senate Manual section No. 28.4.)
164 38. A conference report may not be received by the House
if no statement accompanies it. (1404-1405.)
165 39. Whether or not the detailed statement accompanying a
conference report is sufficient to comply with the rule
(XXVIII) is a question for the House, and not for the
Speaker, to determine. (1402-1403.)
166 40. A conference report may be presented after a motion
to adjourn has been made or when a Member is occupying the
floor for debate, but the report need not be disposed of
before the motion to adjourn is put. (1393-1395.)
167 41. A conference report is in order pending a demand for
the previous question.
[55th Cong., 3d sess., Congressional Record, p. 867.]
Note.--In the Senate the previous question is not in
use.
168 42. A conference report has been given precedence over a
question of privilege. (1397.)
169 43. A conference report may be presented during the time
set apart for a special order for the consideration of
another measure. (1400.)
170 44. A conference report may be presented after a vote by
tellers and pending the question on ordering the yeas and
nays. (1399.)
171 45. A conference report has precedence of the question
on the reference of a bill, even though the yeas and nays
have been ordered. (1398.)
172 46. The consideration of a conference report may be
interrupted by the arrival of the hour previously fixed for
a recess. (1396.)
173 47. The question on the adoption of a final conference
report has precedence of a motion to recede and concur in
amendments of the other House.
[55th Cong., 3d sess., Congressional Record, p. 2927.]
REJECTION OF CONFERENCE REPORTS, EFFECTS OF, ETC.
174 48. A bill and amendments having been once sent to
conference, do not, upon the rejection of the conference
report, return to their former state so that the amendments
may be sent to the Committee of the Whole. (1389.)
175 49. The rejection of a conference report leaves the
matter in the position it occupied before the conference was
asked. (1390.)
176 50. When a conference report is ruled out on a point of
order in the House it is equivalent to a negative vote on
the report, and the Senate is informed by message that the
House has ``disagreed'' to the report. (1417.)
AMENDMENT OF CONFERENCE REPORTS
177 51. It is not in order to amend a conference report, and
it must be accepted or rejected as an entirety. (1366.)
[Jefferson's Manual, Sec. XLVI; 4th Cong., 1st sess., S.
Jour., p. 270.]
Note.--Various instances are found where conference
reports agreed to by both Houses were amended and corrected
by concurrent resolution or order. (43d Cong., 2d sess., S.
Jour., pp. 372, 373, H. Jour., p. 610; Congressional Record,
p. 1990; 44th Cong., 1st sess., S. Jour., pp. 581, 708, H.
Jour., pp. 1087, 1252; 48th Cong., 1st sess., S. Jour., p.
859.)
REFERENCE AND RECOMMITMENT OF CONFERENCE REPORTS
178 52. A conference report may not be referred to a
standing committee. (1413.)
179 53. A conference report may not be referred to the
Committee of the Whole, although in the earlier history of
the House this was sometimes done. (1410, 1411.)
180 54. It is not in order in the House to recommit a
conference report to the committee of conference. (1412.)
Note.--This rule is founded upon the decision of Speaker
Carlisle (49th Cong., 2d sess., Congressional Record, p.
880), which has been affirmed by subsequent Speakers, but
prior to that time many instances had occurred of
recommitting conference reports to the committee of
conference.
181 55. It is in order in the Senate to recommit a
conference report to the committee of conference, but not
with instructions, according to the later decisions.
[42d Cong., 3d sess., S. Jour., pp. 313, 554-557; 43d Cong.,
1st sess., S. Jour., p. 865; 44th Cong., 1st sess., S.
Jour., p. 211; 49th Cong., 2d sess., S. Jour., p. 151; 55th
Cong., 3d sess., Congressional Record, pp. 2823, 2842-3.]
Note.--Inasmuch as concurrent action is necessary for
the recommittal of a conference report, the foregoing rule
of the House has necessitated a change in the practice, and
no effort has been made by the Senate in late years to
recommit a conference report. The purpose of a recommittal
can be attained, however, by a rejection of the report, when
another conference would be ordered, and in accordance with
usage the same conferees would be appointed.
TABLING OF CONFERENCE REPORTS
182 56. The House has formally discarded the old practice of
allowing conference reports to be laid on the table. (1407-
1409.)
Note.--The effect of the motion to lay on the table in
the House defeats the proposition. It is never taken up
again. Hence a conference report can not be laid on the
table; otherwise a conference report might be put beyond the
reach of either House. (Reed's Parliamentary Rules, Chap.
VIII, sec. 115.)
183 57. The Senate practice allows conference reports to be
laid on the table.
[43d Cong., 2d sess., S. Jour., p. 433; Congressional
Record, pp. 2205-2206.]
Note.--The effect of the motion to lay on the table in
the Senate, unlike that in the House, is simply to suspend
the consideration of a question during the pleasure of the
Senate, which can be again taken up on motion.
184 58. A motion to reconsider the vote on agreeing to a
conference report may be laid on the table in the Senate
without carrying the report.
[44th Cong., 1st sess., S. Jour., p. 234; Congressional
Record, p. 1253, 1254; Senate Manual (1901), Rule XIII,
clause 1, p. 13.]
WITHDRAWAL OF CONFERENCE REPORTS
185 59. A conference report may be withdrawn in the Senate
on leave, and in the House by unanimous consent.
Note.--In the 32d Congress, a conference report having
been agreed to in the Senate, the vote was reconsidered, the
bill returned from the House on request of the Senate, and
the committee of conference had leave to withdraw its
report. (32d Cong., 2d sess., S. Jour., p. 420.)
FORM OF CONFERENCE REPORT
------ Congress, ------ Session. H.R. [or S., as may be]
No. ------
CONFERENCE REPORT
The committee of conference on the disagreeing votes of
the two Houses on the amendments of the Senate [or House, as
may be] to the Bill [or Resolution, as may be] (H.R. [or S.,
as may be] ------), [title here] having met, after full and
free conference have agreed to recommend and do recommend to
their respective Houses as follows:
That the Senate [or House, as may be] recede from its
amendments numbered * * *.
That the House [or Senate, as may be] recede from its
disagreements to the amendments of the Senate [or House, as
may be] numbered * * * and agree to the same.
Amendment numbered ------:
That the House [or Senate, as may be] recede from its
disagreement to the amendment of the Senate [or House, as
may be] numbered ------, and agree to the same with an
amendment, as follows: * * *; and the Senate [or House, as
may be] agree to the same.
Amendment numbered ------:
That the Senate [or House, as may be] recede from its
disagreement to the amendment of the House [or Senate, as
may be] to the amendment of the Senate [or House, as may be]
numbered ------, and agree to the same.
Amendment numbered ------:
That the Senate [or House, as may be] recede from its
disagreement to the amendment of the House [or Senate, as
may be] to the amendment of the Senate [or House, as may be]
numbered ------, and agree to the same, with an amendment,
as follows: * * *; and the House [or Senate, as may be]
agree to the same.
Amendments numbered ------:
On the amendments of the Senate [or House, as may be]
numbered ------, the committee of conference have been
unable to agree.
(Signatures here) (Signatures here)
-------- --------, -------- --------,
-------- --------, -------- --------,
-------- --------, -------- --------,
Managers on the Managers on the
part of the ------. part of the ------.
187 JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
\1\
The managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment/amendments of the House/Senate to the bill/
joint resolution ( ) submit the following joint
statement to the House and the Senate in explanation of the
effect of the action agreed upon by the managers and
recommended in the accompanying conference report:
---------------------------------------------------------------------------
\1\This statement form replaces that formerly carried in
Cleaves' Manual. Rule XXVIII of the Standing Rules of the
Senate and Rule XXVIII of the Rules of the House of
Representatives provide that ``an explanatory statement
prepared jointly by the conferees on the part of the House
and the conferees on the part of the Senate'' shall
accompany each conference report.
---------------------------------------------------------------------------
* * * * * * *
(Signatures here) (Signatures here)
-------- --------, -------- --------,
-------- --------, -------- --------,
-------- --------, -------- --------,
Managers on the Managers on the
part of the ------. part of the ------.
[188]_______________________________________________________
------------------------------------------------------------
INDEX TO CLEAVES' MANUAL OF THE LAW AND PRACTICE IN REGARD
TO CONFERENCES AND CONFERENCE REPORTS
------------------------------------------------------------
Senate
Manual
Section
After a conference denied....................... 127.5
Amendment of conference reports................. 177
Appointment of conferees........................ 143
Asked, when a conference is..................... 127.6
Authority of conference committees.............. 153
Character of conferences........................ 128
Committees and reports, conference.............. 153
Conferees:
Appointment of.............................. 143
Discharge of................................ 146
Instructions to............................. 147
Conference after, after a free.............. 127.4
Conference:
Free....................................... 127.2, 128
Simple..................................... 127.2, 128
Requests for................................ 129
Conference committees, authority of............. 153
Conference committees and reports............... 153
Conference reports:
Amendment of................................ 177
Effects of, rejection of.................... 174
Form of..................................... 186
Joint explanatory statement of conferees,
form of......................................... 187
Reference and recommitment of............... 178
Tabling of.................................. 182
Withdrawal of............................... 185
Presentation and privilege of............... 161
Conferences, character of....................... 128
Conferences, either simple or free.............. 128
Conferences and conference reports, the law and
practice in regard to........................... 127
Conferences as stated in Jefferson's Manual,
parliamentary law relating to................... 127
Conferences may be asked........................ 127.3
Denied, after a conference...................... 127.5
Discharge of conferees.......................... 146
Form of conference report....................... 186
Form of statement to accompany a conference
report required by House rule XXVIII and Senate
rule XXVIII..................................... 187
Free conference................................. 128
House, conferences must always be asked for by
House having the papers......................... 129
House rule XXVIII, form of statement to
accompany a conference report required by....... 187
Instructions to conferees....................... 147
Law and practice in regard to conferences and
conference reports, the......................... 127
Parliamentary law relating to conferences....... 127
Presentation and privilege of conference reports 161
Privilege of conference reports, presentation
and............................................. 161
Practice in regard to conferees and conference
reports, the law and............................ 127
Recommitment of conference reports, reference
and............................................. 178
Reference and recommitment of conference reports 178
Rejection of conference reports, effect of, etc. 174
Report can not be amended, conference........... 177
Report, form of conference...................... 186
Reports:
Amendment of conference..................... 177
Conference committees and................... 153
Effects of, etc., rejection of conference... 174
Presentation and privilege of conference.... 161
Reference and recommitment of conference.... 178
Tabling of conference....................... 182
The law and practice in regard to conference
and conference reports.......................... 127
Withdrawal of conference.................... 185
Requests for conferences........................ 129
Senate rule XXVIII, form of statement to
accompany a conference report required by....... 187
Simple conference............................... 128
Statement to accompany a conference report
required by House rule XXVIII, and Senate rule
XXVIII, form of................................. 187
Tabling of conference reports................... 182
The request for a conference must always be
asked by the House having the papers............ 129
When a conference is asked...................... 127.6
Withdrawal of conference reports................ 185
[200]
____________________________________________________________
GENERAL AND PERMANENT LAWS RELATING TO THE UNITED STATES
SENATE
[Data collected through 106th Congress, 1st Session]
Extracts from the United States Code
____________________________________________________________
SECTIONS INCLUDED
TITLE 1.--GENERAL PROVISIONS
Chapter 2.--Acts and Resolutions; Formalities of Enactment;
Repeals; Sealing of Instruments
Senate
U.S. Code Manual
Section Section
112. Statutes at large; contents;
admissibility in evidence......... 201
112b. United States International
agreements, transmission to
Congress.......................... 201.5
Chapter 3.--Code of Laws of United States and Supplements;
District of Columbia Code and Supplements
211. Copies [of Code of Laws] to Members of
Congress.......................... 202
212. Additional distribution at each new
Congress.......................... 203
TITLE 2.--THE CONGRESS
Chapter 1.--Election of Senators and Representatives
1. Time for election of Senators......... 205
1a. Election to be certified by governor.. 206
1b. Same; countersignature by secretary of
state............................. 207
Chapter 2.--Organization of Congress
21. Oath of Senators...................... 210
22. Oath of President of Senate........... 211
23. Presiding officer of Senate may
administer oaths.................. 212
24. Secretary of Senate or Assistant
Secretary of Senate may administer
oaths............................. 213
27. Change of place of meeting............ 214
30. Term of service of Members of Congress
as trustees or directors of
corporations or institutions
appropriated for.................. 215
30a. Jury duty exemption of elected
officials of the legislative
branch............................ 215a
Chapter 3.--Compensation and Allowances of Members
31. Compensation of Members of Congress... 220
31-1. [Repealed.]
31-2. Gifts and travel...................... 220.1
31a-1. Expense allowance of Majority and
Minority Leaders of the Senate;
expense allowance of Majority and
Minority Whips; methods of
payment; taxability............... 220.5
31a-2. Representation Allowance Account for
the Majority and Minority Leaders. 220.6
31a-2a. Transfer of funds from representation
allowance of Majority and Minority
Leaders of the Senate to expense
allowance; availability;
definitions....................... 220.7
31a-2b. Transfer of funds from appropriations
account of Majority and Minority
Leaders of the Senate to
appropriations account for
``Miscellaneous Items'' within
Senate contingent fund............ 220.7a
31a-3. Expense allowance for Chairmen of
Majority and Minority Conference
Committees; method of payment;
taxability........................ 220.8
32. Compensation of President pro tempore
of Senate......................... 222
32a. Compensation of Deputy President pro
tempore of Senate................. 222.5
32b. Expense allowance of President pro
tempore of Senate; methods of
payment; taxability............... 222.6
33. Senators' salaries.................... 223
36. Salaries of appointed Senators........ 224
36a. Payment of sums due deceased Senators
and Senate personnel.............. 226
39. Deductions for absence................ 227
40. Deductions for withdrawal............. 228
40a. Deductions for delinquent indebtedness 229
42a. Special delivery postage allowance for
President of the Senate........... 231
43d. Organizational expenses of Senator-
elect............................. 234
46a. Stationery allowance for President of
the Senate........................ 236
46a-1. Revolving fund for stationery
allowances; availability of
unexpended balances; withdrawals.. 237
46d-1. Long-distance telephone calls for Vice
President......................... 240
47. Mode of payment....................... 243
48. Certification of salary and mileage
accounts.......................... 244
55. United States Code Annotated and
United States Code Service;
procurement for Senators.......... 245
58. Mail, telegraph, telephone,
stationery, office supplies, and
home State office and travel
expenses for Senators............. 246
(a) Authorization for payment from Senate
contingent fund......................246.1
(b) Limits for authorized expenses; recalculation
formula..............................246.2
(e) Transportation, essential travel-related
expenses, and per diem expenses;
coverage; limitations; amounts.......246.3
(g) Closing of deceased Senator's State offic246.4
(h) Individuals serving on panels or other bodies
recommending nominees for Federal
judgeships or service academies, United
States Attorneys or United States
Marshalls............................246.5
(i) Authorization of Secretary of Senate to pay
reimbursable expenses................246.6
(j) Advances from contingent fund of the Senate
for travel expenses for official business
trips; vouchers; settlement..........246.7
58a. Telecommunications services for
Senators; payment of costs out of
contingent fund................... 246.8
58a-1. Payment for telecommunications
equipment and services;
definitions....................... 246.8
58a-2. Certification of telecommunications
equipment and services as official 246.8
58a-3. Report on telecommunications to
Committee on Rules and
Administration.................... 246.8
58a-4. Metered charges on copiers;
certification of services as
official; deposit of payments..... 246.9
58c. Senators' Official Personnel and
Office Expense Account............ 246.10
59. Home State office space for Senators.. 247
(a) Procurement by Sergeant at Arms of Senate in
places designated by Senator; places
subject to use, lease of office space247.1
(b) Maximum amount of aggregate square feet for
each Senator.........................247.2
(c) Maximum annual rental rate...............247.3
(d) Senators subject to maximum amount of
aggregate square feet and maximum annual
rental rate..........................247.4
(e) Omitted.................................247.5
(f) Mobile office...........................247.6
(g) Effective date..........................247.7
59.1 Additional home State office space for
Senators; declaration of disaster
or emergency...................... 247.8
59b. Purchase of office equipment or
furnishings by Senators........... 248
(a) Authorization; conditions................248.1
(b) Request by Senator and arrangement for
purchase by Sergeant at Arms of Senate;
regulations governing purchase; price248.2
(c) Remittance of amounts received to General
Services Administration; disposition.248.3
59e. Official mail of persons entitled to
use the congressional frank....... 248.6
59f. Mass mailings by Senate offices;
quarterly statements; publication
of summary tabulations............ 248.7
59g. Mass mailing of information under
frank; quarterly registration of
Senators with Secretary of Senate. 248.8
Chapter 4.--Officers and Employees of Senate and House of
Representatives
60-1. Authority of officers of the Congress
over Congressional employees...... 249
60-2. Amendment to Senate conflict of
interest rule..................... 249.1
60a-1. Senate pay adjustments; action by
President pro tempore of Senate... 249.5
60a-1a. Rates of compensation disbursed by
Secretary of Senate; applicability
of Senate pay adjustments by
President pro tempore of Senate... 249.6
60a-1b. Senate pay adjustments; action by
President pro tempore of Senate... 249.7
60c-1. Vice President, Senators, officers and
employees paid by Secretary of the
Senate; payment of salary; advance
payment........................... 250
60c-2. [Repealed.]
60c-2a. Banking and financial transactions of
Secretary of Senate............... 250.7
60c-3. Withholding and remittance of State
income tax by Secretary of Senate. 251
60c-4. Withholding of charitable
contributions from salaries
disbursed by the Secretary of the
Senate and from employees of the
Architect of the Capitol.......... 251.1
60j. Longevity compensation................ 251.1-1
60j-1. Capitol Police longevity compensation. 251.2
60j-2. Longevity compensation for telephone
operators on United States
telephone exchange and members of
Capitol Police paid by Chief
Administrative Officer of House... 251.3
60j-4. Longevity compensation not applicable
to individuals paid by Secretary
of Senate; savings provisions..... 251.5
61. Limit on rate of compensation of
officers and employees of Senate.. 252
61-1. Gross rate of compensation of
employees paid by Secretary of
Senate............................ 252.1
61-1a. Availability of appropriated funds for
payment to an individual of pay
from more than one position;
conditions........................ 252.9
61-1b. Availability of appropriations during
first three months of any fiscal
year for aggregate of payments of
gross compensation made to
employees from Senate
appropriation account for
``Salaries, Officers and
Employees''....................... 252.10
61-1c. Aggregate gross compensation of
employee of Senator of State with
population under 5,000,000........ 252.11
61a. Compensation of Secretary of the
Senate............................ 253
61a-9. Advancement by Secretary of the Senate
of travel funds to employees under
his jurisdiction for Federal
Election Campaign Act travel
expenses.......................... 254.8
61a-9a. Travel expenses of Secretary of
Senate; advancement of travel
funds to designated employees..... 254.9
61a-11. Abolition of statutory positions in
the Office of the Secretary of the
Senate; authority to establish and
fix compensation.................. 255
61b. Compensation of Parliamentarian of
Senate............................ 255.1
61c-1. Adjustment of rate of compensation by
Secretary of the Senate........... 255.3
61d. Compensation of the Chaplain of the
Senate............................ 256
61d-1. Compensation of employees of the
Chaplain of the Senate............ 256.1
61d-2. Postage allowance for Chaplain of the
Senate............................ 256.5
61d-3. Office of the Chaplain Expense
Revolving Fund.................... 256.5
61e. Compensation of Sergeant at Arms and
Doorkeeper of the Senate.......... 257
61e-3. Death, resignation, disability, or
absence of Sergeant at Arms and
Doorkeeper of the Senate.......... 257.5
61e-4. Designation by Sergeant at Arms and
Door-keeper of Senate of persons
to approve vouchers for payment of
moneys............................ 257.6
61f-1a. Travel expenses of Sergeant at Arms
and Doorkeeper of the Senate...... 258
61f-7. Abolition of statutory positions in
the Office of the Sergeant at Arms
and Doorkeeper of the Senate...... 258.5
61f-8. Use by Sergeant at Arms and Doorkeeper
of the Senate of individual
consultants or organizations and
department and agency personnel... 259
61g-6. Payment of expenses of Conferences of
the Majority and Minority from
contingent fund of Senate......... 260
61g-6a. Salaries and expenses for the Majority
and Minority Policy Committees and
Conference Committees............. 260a
61g-7. Services of consultants to Majority or
Minority Conference Committee of
the Senate........................ 260.1
61g-8. Utilization of funds for specialized
training of professional staff for
Majority and Minority Conference
Committee of the Senate........... 260.1a
61h-4. Appointment of employees by Majority
and Minority Leaders of Senate.... 260.2
61h-5. Assistants to Majority and Minority
Leaders for Floor Operations...... 260.3
61h-6. Appointment of consultants by Majority
Leader, Minority Leader, Secretary
of the Senate, and Legislative
Counsel of the Senate............. 260.4
61h-7. Chief of Staff of the Majority and
Minority Leaders.................. 260.4a
61j-2. Compensation and appointment of
employees by Majority and Minority
Whips of Senate................... 260.5
61k. Compensation and appointment of
employees by President pro tempore
of Senate......................... 260.6
61l. Administrative Assistant, Legislative
Assistant, and Executive Secretary
for Deputy President pro tempore
of Senate......................... 260.7
62. Limitation on compensation of Sergeant
at Arms and Doorkeeper of Senate.. 261
63. [Repealed.]........................... 262
64. Omitted............................... 263
64-1. Employees of Senate Disbursing Office,
designation by Secretary of Senate
to administer oaths and
affirmations...................... 263.1
64-2. Transfer of funds by Secretary of
Senate; approval of Committee on
Appropriations.................... 263.2
64-3. Reimbursement for United States
Capitol Police salaries paid by
Senate for service at Federal Law
Enforcement Training Center....... 263.3
64a. Death, resignation, or disability of
Secretary and Assistant Secretary
of Senate; Financial Clerk deemed
successor as disbursing officer... 264
64b. Same; Assistant Secretary of Senate to
act as Secretary.................. 265
65a. Insurance of office funds of Secretary
of the Senate and Sergeant at
Arms; payment of premiums......... 266
65b. Advances to Sergeant at Arms of the
Senate for extraordinary expenses. 267
65c. Expense allowance for the Secretary of
the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and
Secretaries for the Majority and
the Minority of the Senate........ 267.1
65d. Office Expenses of the Sergeant at
Arms and Doorkeeper of the Senate:
advancement of funds.............. 267.2
65f. Funds for Secretary of the Senate to
assist in proper discharge within
United States of responsibilities
to foreign parlimentary groups or
other foreign officials........... 267.3
66a. Restriction on payment of dual
compensation by Secretary of the
Senate............................ 268
67. Clerks to Senators-elect.............. 269
68. Payments from contingent fund of
Senate............................ 270
68-1. Designation of Rules Committee
employees to approve vouchers on
behalf of Committee............... 270.1
68-2. Appropriations for contingent expenses
of Senate, restrictions........... 270.2
68-3. Establishment of separate accounts for
the Secretary of the Senate and
the Sergeant at Arms and
Doorkeeper of the Senate.......... 270.3
68-5. Purchase, lease, exchange,
maintenance, and operation of
vehicles out of account for
Sergeant at Arms and Doorkeeper of
the Senate within the contingent
fund of the Senate; authorization
of appropriations................. 270.4
68-6. Transfers from appropriations accounts
for expenses of the Secretary of
the Senate and Office of the
Sergeant at Arms and Doorkeeper of
the Senate........................ 270.5
68-6a. Transfer of funds by Sergeant at Arms
and Doorkeeper of Senate
appropriations account within
contingent fund of Senate for
official expenses and other
purposes available under
appropriations account............ 270.6
68-7. Senate Office of Public Records
Revolving Fund.................... 270.7
68a. Materials, supplies, and fuel payments
from Senate contingent fund....... 271
68b. Per diem and subsistence expenses..... 272
68c. Computation of compensation for
stenographic assistance of
committees........................ 273
68e. Advance payments by Secretary of
Senate............................ 273.2
69. Expenses of committees................ 274
69-1. Availability of funds for franked mail
expenses.......................... 274.4
69a. Orientation seminars.................. 274.5
69b. Senate Leader's Lecture Series........ 274.6
72a. Committee staffs...................... 275
(i) Consultants for Senate and House standing
committees...........................275.9
(j) Specialized training for professional staffs
of Senate and House standing committees,
Majority and Minority Policy Committees,
and joint committees.................275.10
72a-1e. Assistance to Senators with committee
memberships by employees in office
of Senator........................ 277
72a-1g. Referral of ethics violations by the
Senate Ethics Committee to the
General Accounting Office for
investigation..................... 278
72d. Committee on Appropriations;
discretionary powers.............. 278.1
72d-1. Transfer of funds from the
appropriation accounts for
salaries or expenses for the
Appropriations Committee of the
Senate............................ 278.2
74b. Employment of additional
administrative assistants......... 280
88a. [Repealed]............................ 281
88b. Education of other minors who are
congressional employees........... 282
88b-1. Congressional pages................... 283
88b-7. Daniel Webster Senate Page Residence
revolving fund.................... 284
101. Subletting duties of employees of
Senate or House of Representatives 285
102a. Withdrawal of unexpended balances of
appropriations.................... 287
104a. Semiannual statements of expenditures
of Secretary of Senate and Chief
Administrative Officer of House of
Representatives................... 288
105. Preparation and contents of statement
of appropriations................. 290
106. Stationery for Senate; advertisements
for............................... 291
107. Opening bids for Senate and House
stationery; awarding contracts.... 292
108. Contracts for separate parts of
stationery........................ 293
109. American goods to be preferred in
purchases for Senate and House of
Representatives................... 294
110. Purchase of paper, envelopes, etc.,
for stationery rooms of Senate and
House of Representatives.......... 295
111. Purchase of supplies for Senate and
House of Representatives.......... 296
111a. Receipts from sales of items by
Sergeant at Arms and Doorkeeper of
the Senate, to Senators, etc. to
be credited to appropriation from
which purchased................... 296.1
112. Purchases of stationery and materials
for folding....................... 297
113. Detailed reports of receipts and
expenditures by Secretary of
Senate and Chief Administrative
Officer of House of
Representatives................... 298
114. Fees for copies from Senate journals.. 299
117. Sale of waste paper and condemned
furniture......................... 300
117b. Disposal of used or surplus furniture
and equipment..................... 300
117b-1. Receipts from sale of used or surplus
furniture and furnishings of
Senate............................ 300
117b-2. Transfer of excess or surplus
educationally useful equipment to
public schools.................... 300.1
118. Actions against officers for official
acts.............................. 301
118a. Officers of Senate.................... 301.5
119. Stationery rooms of House and Senate;
specifications of classes of
articles purchasable.............. 302
121. Senate restaurant for deficit fund;
deposits of proceeds from
surcharge on orders............... 304
121b-1. Senate Hair Care Services; personnel;
revolving fund.................... 304.5
121c. Office of Senate Health Promotion..... 304.7
121d. Senate Gift Shop...................... 304.8
121e. Payment of fees for services of
Attending Physician and for use of
Senate health and fitness
facilities........................ 304.9
123b. House Recording Studio; Senate
Recording Studio and Senate
Photographic Studio............... 305
123b-1. Senate Recording Studio and Senate
Photographic Studio as successors
to Senate Recording and
Photographic Studios; rules,
regulations, and fees for
photographs and photographic
services.......................... 305.17
123c. Data processing equipment, software,
and services...................... 305.20
123c-1. Computer programing services, advance
payments.......................... 305.20-1
123d. Senate Computer Center................ 305.21
123e. Senate legislative information system. 305.22
125a. Death gratuity payments as gifts...... 306
126-2. Official reporters; designation....... 307.1
126b. Substitute and temporary reporters and
transcribers; payment from
contingent fund................... 307.2
130a. Nonpay status for Congressional
employees studying under
Congressional staff fellowships... 310
130b. Jury and witness service by employees
of the Senate and the House....... 311
130c. Waiver by Secretary of the Senate of
claims of the United States
arising out of erroneous payments
to Vice President, Senator, or
Senate employee whose pay is
disbursed by the Secretary of the
Senate............................ 312
130e. Special Services Office............... 313
Chapter 5.--Library of Congress
131. Collections composing Library;
location.......................... 315
132. Departments of Library................ 316
132a. Appropriations for increase of general
library........................... 317
132b. Joint Committee on the Library........ 318
133. Joint Committee during recess of
Congress.......................... 319
136. Librarian of Congress; appointment;
rules and regulations............. 320
136a-2. Librarian of Congress and Deputy
Librarian of Congress;
compensation...................... 320.1
138. Law library open, when................ 322
139. Report of Librarian of Congress....... 323
142j. John C. Stennis Center for Public
Service Training and Development.. 323.5
145. Copies of Journals and Documents...... 324
145a. Periodical binding of printed hearings
of committee testimony............ 325
146. Deposit of Journals of Senate and
House............................. 326
154. Library of Congress Trust Fund Board;
members; quorum; seal; rules and
regulations....................... 327
156. Same; gifts, etc., to................. 328
157. Same; trust funds; management of...... 329
158. Same; deposits with Treasurer of
United States..................... 330
158a. Temporary possession of gifts of money
or securities to Library of
Congress; investment.............. 330.1
159. Same; perpetual succession; suits by
or against........................ 331
160. Same; gifts, etc., to Library not
affected.......................... 332
161. Same; gifts, etc., exempt from Federal
taxes............................. 333
166. Congressional Research Service........ 334
Chapter 6.--Congressional and Committee Procedure:
Investigations
191. Oaths to witnesses.................... 348
192. Refusal of witness to testify......... 349
193. Privilege of witnesses................ 350
194. Witnesses failing to testify or
produce records................... 351
194a. Request by Congressional committees to
Presidential appointees to Federal
departments, agencies, etc.,
concerned with foreign countries
or multilateral organizations for
expression of views and opinions.. 351.5
194b. Omitted............................... 351.6
195a. Restriction on payment of witness fees
or travel and subsistence expenses
to persons subpenaed by
Congressional committees.......... 352
195b. Fees for witnesses requested to appear
before Majority Policy Committee
or Minority Policy Committee...... 352.5
196. Senate resolutions for investigations;
limit of cost..................... 353
198. Adjournment........................... 354
[Provisions of Chapter 8A, Regulation of Lobbying,
Transferred to Chapter 26.]
Chapter 9.--Office of Legislative Counsel
271. Establishment......................... 390
272. Appointment of Legislative Counsel;
qualifications.................... 391
273. Compensation of Legislative Counsel... 392
274. Staff; office equipment and supplies.. 393
275. Functions............................. 394
276. Disbursement of appropriations........ 395
276a. Expenditures.......................... 395.1
276b. Travel and related expenses........... 395.2
Chapter 9D.--Office of Senate Legal Counsel
288. Office of Senate Legal Counsel........ 396
(a) Establishment; appointment of Counsel and
Deputy Counsel; Senate approval;
reappointment; compensation..........396.1
(b) Assistant counsels and other personnel;
compensation; appointment; removal...396.2
(c) Consultants..............................396.3
(d) Policies and procedures..................396.4
(e) Delegation of duties.....................396.5
(f) Attorney-client relationship.............396.6
288a. Senate Joint Leadership Group......... 396.7
(a) Accountability of office.................396.7-1
(b) Membership...............................396.7-2
(c) Assistance of Secretary of Senate........396.7-3
288b. Requirements for authorizing
representation activity........... 396.8
(a) Direction of Joint Leadership Group or Senate
resolution...........................396.8-1
(b) Civil action to enforce subpena..........396.8-2
(c) Intervention or appearance...............396.8-3
(d) Immunity proceedings.....................396.8-4
(e) Resolution recommendations...............396.8-5
288c. Defending the Senate, committee,
subcommittee, member, officer, or
employee of the Senate............ 396.9
288d. Enforcement of Senate subpena or order 396.10
(a) Institution of civil actions.............396.10-1
(b) Actions in name of committees and
subcommittees........................396.10-2
(c) Consideration of resolutions authorizing
actions..............................396.10-3
(d) Rules of Senate..........................396.10-4
(e) Committee reports........................396.10-5
(f) Omitted..................................396.10-6
(g) Certification of failure to testify; cont396.10-7
288e. Intervention or appearance............ 396.11
(a) Actions or proceedings...................396.11-1
(b) Notification; publication................396.11-2
(c) Powers and responsibilities of Congress..396.11-3
288f. Immunity proceedings.................. 396.12
288g. Advisory and other functions.......... 396.13
(a) Cooperation with persons, committees,
subcommittees, and offices...........396.13-1
(b) Legal research files.....................396.13-2
(c) Miscellaneous duties.....................396.13-3
288h. Defense of certain constitutional
powers............................ 396.14
288i. Representation conflict or
inconsistency..................... 396.15
(a) Notification.............................396.15-1
(b) Solution; publication in Congressional
Record; review.......................396.15-2
(c) Computation of period following publicati396.15-3
(d) Reimbursement............................396.15-4
288j. Consideration of resolutions to direct
counsel........................... 396.16
(a) Procedure; rules.........................396.16-1
(b) Definition...............................396.16-2
(c) Rules of the Senate......................396.16-3
288k. Attorney General relieved of
responsibility.................... 396.17
288l. Procedural provisions................. 396.18
(a) Intervention or appearance...............396.18-1
(b) Compliance with admission requirements...396.18-2
(c) Standing to sue; jurisdiction............396.18-3
288m. Contingent fund....................... 396.19
Chapter 11.--Citizens' Commission on Public Service and
Compensation
351. Citizens' Commission on Public Service
and Compensation.................. 398
352. Membership............................ 398.1
353. Executive Director; additional
personnel; detail of personnel of
other agencies.................... 398.2
354. Use of United States mails by
Commission........................ 398.3
355. Administrative support services....... 398.4
356. Functions of Commission............... 398.5
357. Report by Commission to the President
with respect to pay............... 398.6
358. Recommendations of the President with
respect to pay.................... 398.7
359. Effective date of recommendations of
the President..................... 398.8
360. Effect of Presidential recommendations
on existing law and prior
recommendations................... 398.9
361. Publication of recommendations........ 398.10
362. Requirements applicable to
recommendations................... 398.11
363. Additional function................... 398.12
364. Provision relating to certain other
pay adjustments................... 398.13
Chapter 13.--Joint Committee on Congressional Operations
[Repealed]
Chapter 14.--Federal Election Campaigns
subchapter i.--disclosure of federal campaign funds
431. Definitions........................... 399.8
432. Organization of political committees.. 399.9
433. Registration of political committees.. 399.10
434. Reporting requirements................ 399.11
437. Reports on convention financing....... 399.14
437c. Federal Election Commission........... 399.14-3
437d. Powers of Commission.................. 399.14-4
437f. Advisory opinions..................... 399.14-6
437g. Enforcement........................... 399.14-7
437h. Judicial review....................... 399.14-8
438. Administrative provisions............. 399.15
439. Statements filed with State officers;
``appropriate State'' defined;
duties of State offices........... 399.16
439a. Use of contributed amounts for certain
purposes.......................... 399.16-1
439c. Authorization of appropriations....... 399.16-3
441a. Limitation on contributions and
expenditures...................... 399.17
441b. Contributions or expenditures by
national banks, corporations, or
labor organizations............... 399.17-1
441c. Contributions by government
contractors....................... 399.17-2
441d. Publication and distribution of
statements and solicitations;
charge for newspaper or magazine
space............................. 399.17-3
441e. Contributions by foreign nationals.... 399.17-4
441f. Contributions in name of another
prohibited........................ 399.17-5
441g. Limitation on contribution of currency 399.17-6
441h. Fraudulent misrepresentation of
campaign authority................ 399.17-7
442. Authority to procure technical support
and other services and incur
travel expenses; payment of such
expenses.......................... 399.19
subchapter ii.--general provisions
451. Extension of credit by regulated
industries; regulations........... 399.20
452. Prohibition against use of certain
Federal funds for election
activities; definitions........... 399.21
453. State laws affected................... 399.22
454. Partial invalidity.................... 399.23
455. Period of limitations................. 399.23-1
Chapter 15.--Office of Technology Assessment
471. Congressional findings and declaration
of purpose........................ 399.24
472. Office of Technology Assessment....... 399.25
473. Technology Assessment Board........... 399.26
474. Director of Office of Technology
Assessment........................ 399.27
475. Powers of Office of Technology
Assessment........................ 399.28
476. Technology Assessment Advisory Council 399.29
477. Utilization of services of Library of
Congress.......................... 399.30
478. Utilization of services of General
Accounting Office................. 399.31
479. Coordination of activities with
National Science Foundation....... 399.32
480. Annual report to Congress............. 399.33
481. Authorization of appropriations;
availability of appropriations.... 399.34
Chapter 16.--Congressional Standards and Conduct
502. Select Committee on Standards and
Conduct of the Senate............. 399.35
Chapter 17.--Congressional Budget Office
601. Establishment......................... 399.36
602. Duties and functions.................. 399.37
603. Public access to budget data.......... 399.38
604. Omitted............................... 399.38a
605. Sale or lease of property, supplies,
or services....................... 399.38b
606. Disposition of surplus or obsolete
personal property................. 399.38c
607. Lump-sum payments to separated
employees for unused annual leave. 399.38d
Chapter 17A.--Congressional Budget and Fiscal Operations
621. Congressional declaration of purpose.. 399.39-1
622. Definitions........................... 399.39-2
623. Continuing study of additional budget
reform proposals.................. 399.39-3
subchapter i.--congressional budget process
631. Timetable............................. 399.39-4
632. Annual adoption of concurrent
resolution on the budget.......... 399.39-5
633. Committee allocations................. 399.39-6
634. Adoption of first concurrent
resolution on budget prior to
consideration of legislation
providing new budget authority.... 399.39-7
635. Permissible revisions of concurrent
resolutions on the budget......... 399.39-8
636. Consideration of concurrent
resolutions on budget............. 399.39-9
637. Legislation dealing with Congressional
budget must be handled by Budget
Committees........................ 399.39-10
638. House committee action on all
appropriation bills to be
completed by June 10.............. 399.39-11
639. Reports, summaries, and projections of
Congressional budget actions...... 399.39-12
640. House approval of regular
appropriation bills............... 399.39-13
641. Reconciliation........................ 399.39-14
642. Budget-related legislation must be
within appropriate levels......... 399.39-15
643. Determinations and points of order.... 399.39-15a
644. Extraneous matter in reconciliation
legislation....................... 399.39-15b
645. Adjustments........................... 399.39-15c
645a. Effect of adoption of a special order
of business in the House of
Representatives................... 399.39-15d
subchapter ii.--fiscal procedures
Part A.--General Provisions
651. Budget-related legislation not subject
to appropriations................. 399.39-16
652. [Repealed]............................ 399.39-17
653. Analysis by Congressional Budget
Office............................ 399.39-18
654. Study by General Accounting Office of
forms of Federal financial
commitment not reviewed annually
by Congress....................... 399.39-19
655. Off-budget agencies, programs, and
activities........................ 399.39-20
656. Member User Group..................... 399.39-20a
Part B.--Federal Mandates
658. Definitions........................... 399.39-21
658a. Exclusions............................ 399.39-21a
658b. Duties of congressional committees.... 399.39-21b
658c. Duties of the Director; statements on
bills and joint resolutions other
than appropriations bills and
joint resolutions................. 399.39-21c
658d. Legislation subject to point of order. 399.39-21d
658e. Provisions relating to the House of
Representatives................... 399.39-21e
658f. Requests to the Congressional Budget
Office from Senators.............. 399.39-21f
658g. Clarification of application.......... 399.39-21g
subchapter iii.--credit reform
661. Purposes.............................. 399.39-22
661a. Definitions........................... 399.39-22a
661b. OMB and CBO analysis, coordination,
and review........................ 399.39-22b
661c. Budgetary treatment................... 399.39-22c
661d. Authorizations........................ 399.39-22d
661e. Treatment of deposit insurance and
agencies and other insurance
programs.......................... 399.39-22e
661f. Effect on other laws.................. 399.39-22f
subchapter iv.--budget agreement enforcement provisions
665. [Repealed]............................ 399.39-23
665a. [Repealed]............................ 399.39-23a
665b. [Repealed]............................ 399.39-23b
665c. [Repealed]............................ 399.39-23c
665d. [Repealed]............................ 399.39-23d
665e. [Repealed]............................ 399.39-23e
Chapter 17B.--Impoundment Control and Line Item Veto
681. Disclaimer............................ 399.39-24
682. Definitions........................... 399.39-24a
683. Rescission of budget authority........ 399.39-24b
684. Proposed deferrals of budget authority 399.39-25
685. Transmission of messages; publication. 399.39-26
686. Reports by Comptroller General........ 399.39-27
687. Suits by Comptroller General.......... 399.39-28
688. Procedure in House of Representatives
and Senate........................ 399.39-29
691. Line item veto authority.............. 399.39-34
691a. Special messages...................... 399.39-34a
691b. Cancellation effective unless
disapproved....................... 399.39-34b
691c. Deficit reduction..................... 399.39-34c
691d. Expedited congressional consideration
of disapproval bills.............. 399.39-34d
691e. Definitions........................... 399.39-34e
691f. Identification of limited tax benefits 399.39-34f
692. Judicial review....................... 399.39-35
Chapter 20.--Emergency Powers to Eliminate Budget Deficits
subchapter i.--elimination of deficits in excess of maximum
deficit amount
900. Statement of budget enforcement
through sequestration............. 399.40
901 Enforcing discretionary spending
limits............................ 399.41
902. Enforcing pay-as-you-go............... 399.42
903. Enforcing deficit targets............. 399.43
904. Reports and orders.................... 399.44
905. Exempt programs and activities........ 399.45
906. General and special sequestration
rules............................. 399.46
907. The baseline.......................... 399.47
907a. Suspension in the event of war or low
growth............................ 399.47a
907b. Modification of Presidential order.... 399.47b
907c. Flexibility among defense programs,
projects, and activities.......... 399.47c
907d. Special reconciliation process........ 399.47d
908. [Repealed]............................ 399.48
909. [Repealed]............................ 399.48a
subchapter ii.--operational review
921. Transferred........................... 399.49
922. Judicial review....................... 399.49a
Chapter 22.--John C. Stennis Center for Public Service
Training and Development
1101. Congressional findings................ 399.50
1102. Definitions........................... 399.51
1103. Establishment of the John C. Stennis
Center for Public Service Training
and Development................... 399.52
1104. Purposes and authority of the Center.. 399.53
1105. John C. Stennis Center for Public
Service Development Trust Fund.... 399.54
1106. Expenditures and audit of Trust Fund.. 399.55
1107. Executive Director of Center.......... 399.56
1108. Administrative provisions............. 399.57
1109. Authorization for appropriations...... 399.58
1110. Appropriations........................ 399.59
Chapter 23.--Government Employee Rights
1201. Purpose and definitions............... 399.60
1202. Discriminatory practices prohibited... 399.61
1219. [Repealed]............................ 399.62
1220. Coverage of previously exempt State
employees......................... 399.63
Chapter 24.--Congressional Accountability
subchapter i.--general
1301.1 Definitions........................... 399.70-1
1302. Application of laws................... 399.70-2
subchapter ii.--extension of rights and protections
Part A.--Employment Discrimination, Family and Medical
Leave, Fair Labor Standards, Employee Polygraph Protection,
Worker Adjustment and Retraining, Employment and
Reemployment of Veterans, and Intimidation
1311. Rights and protections under title VII
of the Civil Rights Act of 1964,
the Age Discrimination in
Employment Act of 1967, the
Rehabilitation Act of 1973, and
title I of the Americans with
Disabilities Act of 1990.......... 399.71-1
1312. Rights and protections under the
Family and Medical Leave Act of
1993.............................. 399.71-2
1313. Rights and protections under the Fair
Labor Standards Act of 1938....... 399.71-3
1314. Rights and protections under the
Employee Polygraph Protection Act
of 1988........................... 399.71-4
1315. Rights and protections under the
Worker Adjustment and Retraining
Notification Act.................. 399.71-5
1316. Rights and protections relating to
veterans' employment and
reemployment...................... 399.71-6
1316a. Legislative branch appointments....... 399.71-6a
1317. Prohibition of intimidation or
reprisal.......................... 399.71-7
Part B.--Public Services and Accommodations Under the
Americans With Disabilities Act of 1990
1331. Rights and protections under the
Americans with Disabilities Act of
1990 relating to public services
and accommodations; procedures for
remedy of violations.............. 399.72
Part C.--Occupational Safety and Health Act of 1970
1341. Rights and protections under the
Occupational Safety and Health Act
of 1970; procedures for remedy of
violations........................ 399.73-1
Part D.--Labor-Management Relations
1351. Application of chapter 71 of title 5,
United States Code, relating to
Federal service labor-management
relations; procedures for remedy
of violations..................... 399.74-1
Part E.--General
1361. Generally applicable remedies and
limitations....................... 399.75-1
Part F.--Study
1371. Study and recommendations regarding
General Accounting Office,
Government Printing Office, and
Library of Congress............... 399.76-1
subchapter iii.--office of compliance
1381. Establishment of Office of Compliance. 399.77-1
1382. Officers, staff, and other personnel.. 399.77-2
1383. Procedural rules...................... 399.77-3
1384. Substantive regulations............... 399.77-4
1385. Expenses.............................. 399.77-5
subchapter iv.--administrative and judicial dispute-
resolution procedures
1401. Procedure for consideration of alleged
violations........................ 399.78-1
1402. Counseling............................ 399.78-2
1403. Mediation............................. 399.78-3
1404. Election of proceeding................ 399.78-4
1405. Complaint and hearing................. 399.78-5
1406. Appeal to the Board................... 399.78-6
1407. Judicial review of Board decisions and
enforcement....................... 399.78-7
1408. Civil action.......................... 399.78-8
1409. Judicial review of regulations........ 399.78-9
1410. Other judicial review prohibited...... 399.78-10
1411. Effect of failure to issue regulations 399.78-11
1412. Expedited review of certain appeals... 399.78-12
1413. Privileges and immunities............. 399.78-13
1414. Settlement of complaints.............. 399.78-14
1415. Payments.............................. 399.78-15
1416. Confidentiality....................... 399.78-16
subchapter v.--miscellaneous provisions
1431. Exercise of rulemaking powers......... 399.79-1
1432. Political affiliation and place of
residence......................... 399.79-2
1433. Nondiscrimination rules of the House
and Senate........................ 399.79-3
1434. Judicial branch coverage study........ 399.79-4
1435. Savings provisions.................... 399.79-5
1436. Use of frequent flyer miles........... 399.79-6
1437. Sense of Senate regarding adoption of
simplified and streamlined
acquisition procedures for Senate
acquisitions...................... 399.79-7
1438. Severability.......................... 399.79-8
Chapter 25.--Unfunded Mandates Reform
1501. Purposes.............................. 399.80-1
1502. Definitions........................... 399.80-2
1503. Exclusions............................ 399.80-3
1504. Agency assistance..................... 399.80-4
subchapter i.--legislative accountability and reform
1511. Cost of regulations................... 399.81-1
1512. Consideration for Federal funding..... 399.81-2
1513. Impact on local governments........... 399.81-3
1514. Enforcement in the House of
Representatives................... 399.81-4
1515. Exercise of rulemaking powers......... 399.81-5
1516. Authorization of appropriations....... 399.81-6
subchapter ii.--regulatory accountability and reform
1531. Regulatory process.................... 399.83-1
1532. Statements to accompany significant
regulatory actions................ 399.83-2
1533. Small government agency plan.......... 399.83-3
1534. State, local, and tribal government
input............................. 399.83-4
1535. Least burdensome option or explanation
required.......................... 399.83-5
1536. Assistance to the Congressional Budget
Office............................ 399.83-6
1537. Pilot program on small government
flexibility....................... 399.83-7
1538. Annual statements to Congress on
agency compliance................. 399.83-8
subchapter iii.--review of federal mandates
1551. Baseline study of costs and benefits.. 399.85-1
1552. Report on Federal mandates by Advisory
Commission on Intergovernmental
Relations......................... 399.85-2
1553. Special authorities of Advisory
Commission........................ 399.85-3
1554. Annual report to Congress regarding
Federal court rulings............. 399.85-4
1555. Definition............................ 399.85-5
1556. Authorization of appropriations....... 399.85-6
subchapter iv.--judicial review
1571. Judicial review....................... 399.87-1
Chapter 26.--Disclosure of Lobbying Activities
1601. Findings.............................. 399.90-1
1602. Definitions........................... 399.90-2
1603. Registration of lobbyists............. 399.90-3
1604. Reports by registered lobbyists....... 399.90-4
1605. Disclosure and enforcement............ 399.90-5
1606. Penalties............................. 399.90-6
1607. Rules of construction................. 399.90-7
1608. Severability.......................... 399.90-8
1609. Identification of clients and covered
officials......................... 399.90-9
1610. Estimates based on tax reporting
system............................ 399.90-10
1611. Exempt organizations.................. 399.90-11
1612. Sense of the Senate that lobbying
expenses should remain
nondeductible..................... 399.90-12
TITLE 3.--THE PRESIDENT
Chapter 1.--Presidential Elections and Vacancies
1. Time of appointing electors........... 400
2. Failure to make choice on prescribed
day............................... 401
3. Number of electors.................... 402
4. Vacancies in electoral college........ 403
5. Determination of controversy as to
appointment of electors........... 404
6. Credentials of electors; transmission
to Archivist of the United States
and to Congress; public inspection 405
7. Meeting and vote of electors.......... 406
8. Manner of voting...................... 407
9. Certificates of votes for President
and Vice President................ 408
10. Sealing and endorsing certificates.... 409
11. Disposition of certificates........... 410
12. Failure of certificates of electors to
reach President of Senate or
Archivist of the United States;
demand on State for certificate... 411
13. Same; demand on district judge for
certificate....................... 412
14. Forfeiture for messenger's neglect of
duty.............................. 413
15. Counting electoral votes in Congress.. 414
16. Same; seats for officers and Members
of two Houses in joint meeting.... 415
17. Same; limit of debate in each House... 416
18. Same; parliamentary procedure at joint
meeting........................... 417
19. Vacancy in offices of both President
and Vice President; officers
eligible to act................... 418
20. Resignation or refusal of office...... 419
21. Definitions........................... 419.1
Chapter 2.--Office and Compensation of President
101. Commencement of term of office........ 420
104. Salary of the Vice President.......... 421
111. Expense allowance of Vice President... 422
TITLE 4.--FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
Chapter 4.--The States
113. Residence of Members of Congress for
State income tax laws............. 425
TITLE 5.--GOVERNMENT ORGANIZATION AND EMPLOYEES
Chapter 8.--Congressional Review of Agency Rulemaking
801. Congressional review.................. 429.1
802. Congressional disapproval procedure... 429.2
803. Special rule on statutory, regulatory,
and judicial deadlines............ 429.3
804. Definitions........................... 429.4
805. Judicial review....................... 429.5
806. Applicability; severability........... 429.6
807. Exemption for monetary policy......... 429.7
808. Effective date of certain rules....... 429.8
Chapter 29.--Commissions, Oaths, Records, and Reports
subchapter i.--commissions, oaths, and records
2905. Oath; renewal......................... 430
subchapter ii.--reports
2954. Information to committees of Congress
on request........................ 431
Chapter 31.--Authority For Employment
3110. Employment of relatives; restrictions. 431.1
Chapter 33.--Examination, Selection, and Placement
subchapter ii.--oath of office
3333. Employee affidavit; loyalty and
striking against the Government... 432
Chapter 55.--Pay Administration
subchapter i.--general provisions
5503. Recess appointments................... 433
subchapter iv.--dual pay and dual employment
5531. Definitions........................... 433.1
5532. [Repealed]............................ 433.2
5533. Dual pay from more than one position;
limitations; exceptions........... 433.3
Chapter 57.--Travel, Transportation, and Subsistence
5702. Per diem; employees traveling on
official business................. 433.4
5704. Mileage and related allowances........ 433.5
5706. Allowable travel expenses............. 433.6
5708. Effect on other statutes.............. 433.7
5742. Transportation of remains, dependents,
and effects; death occurring away
from official station or abroad... 433.8
Chapter 73.--Suitability, Security, and Conduct
subchapter ii.--employment limitations
7311. Loyalty and striking.................. 434
subchapter iv.--foreign gifts and decorations
7342. Receipt and disposition of foreign
gifts and decorations............. 434.5
Chapter 81.--Compensation For Work
Injuries.......................... 434.6
(Not included. See 5 U.S.C. 8101-8152.)
Chapters 83 and 84.--Retirement....... 435
(Not included. See 5 U.S.C. 8331-8351; 8401-8479.)
Chapter 87.--Life Insurance........... 436
(Not included. See 5 U.S.C. 8701-8716.)
Chapter 89.--Health Insurance......... 437
(Not included. See 5 U.S.C. 8901-8914.)
Appendix 2
Federal Advisory Committee Act........ 438
(Appears in title 5, United States Code, as appendix 2.)
Appendix 4
Financial Disclosure Requirements of Federal Personnel
101. Persons required to file.............. 439.1
102. Contents of reports................... 439.2
103. Filing of reports..................... 439.3
104. Failure to file or filing false
reports........................... 439.4
105. Custody of and public access to
reports........................... 439.5
106. Review of reports..................... 439.6
107. Confidential reports and other
additional requirements........... 439.7
108. Authority of Comptroller General...... 439.8
109. Definitions........................... 439.9
110. Notice of actions taken to comply with
ethics agreements................. 439.10
111. Administration of provisions.......... 439.11
Governmentwide Limitations on Outside Earned Income and
Employment
501. Outside earned income limitation...... 440.1
502. Limitations on outside employment..... 440.2
503. Administration........................ 440.3
504. Civil penalties....................... 440.4
505. Definitions........................... 440.5
TITLE 10.--ARMED FORCES
Chapter 2.--Department of Defense
114. Annual authorization of appropriations 441
115. Personnel strengths: requirement for
annual authorization.............. 441.1
115a. Annual manpower requirements report... 441.1a
116. Annual operations and maintenance
report............................ 441.2
119. Special access programs: congressional
oversight......................... 441.2a
Chapter 9.--Defense Budget Matters
221. Future-years defense program:
submission to Congress;
consistency in budgeting.......... 441.2b
222. Future-years mission budget........... 441.2c
226. Scoring of outlays.................... 441.2d
Chapter 403.--United States Military Academy
4342. Cadets: appointment; numbers,
territorial distribution.......... 441.5
4355. Board of Visitors..................... 442
Chapter 603.--United States Naval Academy
6954. Midshipmen: number.................... 442.5
6956. Midshipmen: nomination and selection
to fill vacancies................. 442.6
6968. Board of Visitors.................... 443
Chapter 903.--United States Air Force Academy
9342. Cadets: appointment; numbers,
territorial distribution.......... 443.5
9355. Board of Visitors..................... 444
Chapter 1013.--Budget Information and Annual Reports to
Congress
10541. National Guard and reserve component
equipment; annual report to
Congress.......................... 445
TITLE 12.--BANKS AND BANKING
Chapter 3.--Federal Reserve System
303. Qualifications and disabilities [of
members of Board of Governors of
Federal Reserve System]........... 445
TITLE 14.--COAST GUARD
Chapter 9.--Coast Guard Academy
194. Annual Board of Visitors.............. 446
TITLE 15.--COMMERCE AND TRADE
Chapter 21.--National Policy on Employment
1022. Economic Report of the President;
coverage; supplementary reports;
reference to congressional joint
committee; percentage rate of
employment; definitions........... 446.5
1024. Joint Economic Committee.............. 447
1025. Same; printing of monthly publication
entitled ``Economic Indicators'';
distribution...................... 448
TITLE 18.--CRIMES AND CRIMINAL PROCEDURE
Chapter 11.--Bribery, Graft, and Conflicts of Interest
201. Bribery of public officials and
witnesses......................... 450
202. Definitions........................... 451
203. Compensation to Members of Congress,
officers, and others in matters
affecting the Government.......... 452
204. Practice in U.S. Claims Court or U.S.
Court of Appeals for the Federal
Circuit........................... 453
205. Activities of officers and employees
in claims against and other
matters affecting the Government.. 454
210. Offer to procure appointive public
office............................ 455
211. Acceptance or solicitation to obtain
appointive public office.......... 456
Chapter 18.--Congressional, Cabinet, and Supreme Court
Assassination, Kidnapping, and Assault
351. Congressional, cabinet, and supreme
court assassination, kidnapping,
and assault; penalties............ 458
Chapter 23.--Contracts
431. Contracts by Members of Congress...... 460
432. Officer or employee contracting with
Member of Congress................ 461
433. Exemptions with respect to certain
contracts......................... 462
Chapter 29.--Elections and Political Activities
594. Intimidation of voters................ 462.1-1
595. Interference by administrative
employees of Federal, State, or
Territorial Governments........... 462.1-2
597. Expenditures to influence voting...... 462.2
598. Coercion by means of relief
appropriations.................... 462.3
599. Promise of appointment by candidate... 462.4
600. Promise of employment or other benefit
for political activity............ 462.5
601. Deprivation of employment or other
benefit for political contribution 462.6
602. Solicitation of political
contributions..................... 462.7
603. Making political contributions........ 462.8
604. Solicitation from persons on relief... 462.9
605. Disclosure of names of persons on
relief............................ 462.10
606. Intimidation to secure political
contributions..................... 462.11
607. Place of solicitation................. 462.12
Chapter 35.--Emblems, Insignia and Names
713. Uses of likenesses of the great seal
of the United States, the seals of
the President and Vice President,
and the seals of the United States
Senate, House of Representatives,
and Congress...................... 462.17
Chapter 37.--Espionage and Censorship
798. Disclosure of classified information.. 462.19
Chapter 73.--Obstruction of Justice
1505. Obstruction of proceedings before
departments, agencies, and
committees........................ 462.20
Chapter 83.--Postal Service
1719. Franking privilege.................... 463
Chapter 93.--Public Officers and Employees
1906. Disclosure of information from a bank
examination report................ 463.5
1913. Lobbying with appropriated moneys..... 464
1918. Disloyalty and asserting the right to
strike against the Government..... 464.1
Part V.--Immunity of Witnesses
6001. Definitions........................... 465.1
6002. Immunity generally.................... 465.2
6005. Congressional proceedings............. 465.3
TITLE 19.--CUSTOMS DUTIES
Chapter 12.--Trade Act of 1974
subchapter i.--negotiating and other authority
Part 5.--Congressional Procedures With Respect to
Presidential Actions
2191. Bills implementing trade agreements on
nontariff barriers and resolutions
approving commercial agreements
with Communist countries.......... 465.4
2192. Resolutions disapproving certain
actions........................... 465.5
2193. Resolutions relating to extension of
waiver authority under section 402
of the Trade Act of 1974.......... 465.6
2194. Special rules relating to
Congressional procedures.......... 465.7
Part 6.--Congressional Liaison and Reports
2211. Congressional advisers for trade
policy and negotiations........... 465.8
2212. Transmission of agreements to Congress 465.9
2213. Reports............................... 465.10
Part 8.--Identification of Market Barriers and Certain
Unfair Trade Actions
2241. Estimates of barriers to market access 465.11
Chapter 17.--Negotiation and Implementation of Trade
Agreements
2903. Implementation of trade agreements.... 465.12
Chapter 22.--Uruguay Round Trade Agreements
3534. Annual report on the WTO.............. 465.13
3535. Review of participation in the WTO.... 465.14
TITLE 20.--EDUCATION
Chapter 3.--Smithsonian Institution
42. Board of Regents; Members............. 470
43. Appointment of regents; terms of
office; vacancies................. 471
TITLE 22.--FOREIGN RELATIONS AND INTERCOURSE
Chapter 7.--International Bureaus, Congresses, Etc.
276. Bureau of Interparliamentary Union;
American group; authorization of
appropriations; disbursements..... 471.5
276a-2. Conference of the Interparliamentary
Union and all other parliamentary
conferences; appointment of
delegates from Senate; Chairman;
Vice Chairman..................... 471.6
276a-3. Executive secretary of American group
of Interparliamentary Union....... 471.7
276a-4. Auditing of accounts of House and
Senate delegations to
Interparliamentary Union; finality
and conclusiveness of certificate
of Chairman....................... 471.8
276c-1. Reports of expenditures by members of
American groups or delegations and
employees; consolidated reports by
Congressional Committees; public
inspection........................ 471.9
276d. Canada-United States
Interparliamentary Group.......... 471.10
276e. Authorizations of appropriations;
disbursements..................... 471.10a
276h. Mexico-United States
Interparliamentary Group.......... 471.11
276i Authorization of appropriations;
disbursements..................... 471.11a
276l. British-American Interparliamentary
Group............................. 471.12
276m. United States Delegation to the
Parliamentary Assembly of the
Conference on Security and
Cooperation in Europe (CSCE)...... 471.13
Chapter 24.--Mutual Security Program
1754. Foreign currencies; availability to
Members and employees of Congress;
authorization requirements;
reports........................... 472
1928a. North Atlantic Treaty Parliamentary
Conference; participation;
appointment of United States Group 472.5
1928b. Authorization of appropriations....... 472.6
TITLE 26.--INTERNAL REVENUE CODE
Subtitle A.--Income Taxes
Chapter 1.--Normal Taxes and Surtaxes
subchapter b.--computation of taxable income
Part II.--Items Specifically Included in Gross Income
84. Transfer of appreciated property to
political organization............ 473
Part VI.--Itemized Deductions for Individuals and
Corporations
162. Trade or business expenses............ 474
subchapter f.--exempt organizations
Part VI.--Political Organizations
527. Political organizations............... 474.5
subchapter n.--tax based on income from sources within or
without the united states
Part II.--Nonresident Aliens and Foreign Corporations
subpart d.--miscellaneous provisions
896. Adjustment of tax on nationals,
residents, and corporations of
certain foreign countries......... 474.13
subchapter p.--capital gains and losses
Part III.--General Rules for Determining Capital Gains and
Losses
1221. Capital asset defined................. 474.15
Subtitle F.--Procedure and Administration
Chapter 61.--Information and Returns
subchapter b.--miscellaneous provisions
6103. Confidentiality and disclosure of
returns and return information.... 475
6104. Publicity of information required from
certain exempt organizations and
certain trusts.................... 475.5
Chapter 78.--Discovery of Liability and Enforcement of Title
subchapter a.--examination and inspection
7608. Authority of internal revenue
enforcement officers.............. 475.6-1
Chapter 79.--Definitions
7701. Definitions........................... 475.7
7701j. Tax treatment of Federal Thrift
Savings Fund...................... 475.8
7701k. Treatment of certain amounts paid to
charity........................... 475.9
Chapter 80.--General Rules
subchapter a.--application of internal revenue laws
7802. Internal Revenue Service Oversight
Board............................. 475.10
7803. Commissioner of Internal Revenue;
other officials................... 475.13
7805. Rules and regulations................. 475.15
Subtitle G.--The Joint Committee on Taxation
Chapter 91.--Organization and Membership of the Joint
Committee
8001. Authorization......................... 476
8002. Membership............................ 476.1
8003. Election of chairman and vice chairman 476.6
8004. Appointment and compensation of staff. 476.7
8005. Payment of expenses................... 476.8
Chapter 92.--Powers and Duties of the Joint Committee
8021. Powers................................ 477
8022. Duties................................ 477.5
8023. Additional powers to obtain data...... 478
Subtitle H.--Financing of Presidential Election Campaigns
Chapter 95.--Presidential Election Campaign Fund
9009. Reports to Congress; regulations...... 478.5
Chapter 96.--Presidential Primary Matching Payment Account
9039. Reports to Congress; regulations...... 478.10
Subtitle I.--Trust Fund Code
Chapter 98.--Trust Fund Code
subchapter b.--general provisions
9602. Management of trust funds............. 478.14
TITLE 28.--JUDICIARY AND JUDICIAL PROCEDURE
Chapter 39.--Independent Counsel
(Note: Chapter expired June 30, 1999)
596. Removal of an independent counsel;
termination of office............. 479.1
Chapter 85.--District Courts; Jurisdiction
1365. Senate actions........................ 479.2
Chapter 91.--United States Court of Federal Claims
1492. Congressional reference cases......... 479.3
Chapter 115.--Evidence; Documentary
1736. Congressional Journals................ 480
Chapter 131.--Rules of Courts
2076. Rules of evidence (repealed).......... 480.3
Chapter 165.--United States Court of Federal Claims
Procedure
2509. Congressional reference cases......... 480.5
TITLE 31.--MONEY AND FINANCE
Chapter 7.--General Accounting Office
701. Definitions........................... 481
712. Investigating the use of public money. 481.1
717. Evaluating programs and activities of
the United States Government...... 481.2
718. Availability of draft reports......... 481.3
719. Comptroller General reports........... 481.4
720. Agency reports........................ 481.5
734. Assignments and details to Congress... 481.6
Chapter 11.--The Budget and Fiscal, Budget, and Program
Information
1101. Definitions........................... 482
1102. Fiscal year........................... 482.1
1103. Budget ceiling........................ 483
1104. Budget and appropriations authority of
the President..................... 483.1
1105. Budget contents and submission to
Congress.......................... 484
1106. Supplemental budget estimates and
changes........................... 484.1
1107. Deficiency and supplemental
appropriations.................... 485
1108. Preparation and submission of
appropriations requests to the
President......................... 485.1
1109. Current programs and activities
estimates......................... 486
1110. Year-ahead requests for authorizing
legislation....................... 486.1
1111. Improving economy and efficiency...... 487
1112. Fiscal, budget, and program
information....................... 487.1
1113. Congressional information............. 488
1114. Repealed.............................. 489
Chapter 33.--Depositing, Keeping, and Paying Money
subchapter 2.--payments
3332. Required direct deposit............... 489.1
TITLE 39.--POSTAL SERVICE
Part IV.--Mail Matter
Chapter 32.--Penalty and Franked Mail
3201. Definitions........................... 490
3210. Franked mail transmitted by the Vice
President, Members of Congress,
and congressional officials....... 491
3211. Public documents...................... 492
3212. Congressional Record under frank of
Members of Congress............... 493
3213. Seeds and reports from Department of
Agriculture....................... 494
3215. Lending or permitting use of frank
unlawful.......................... 495
3216. Reimbursement for franked mailings.... 496
3218. Franked mail for survivors of Members
of Congress....................... 496.1
3219. Mailgrams............................. 496.2
3220. Use of official mail in the location
and recovery of missing children.. 496.3
...... Domestic Mail Manual Provisions
Relating to the Congressional
franking privilege................ 497
TITLE 40.--PUBLIC BUILDINGS, PROPERTY, AND WORKS
Chapter 2.--Capitol Building and Grounds
161. Title of Superintendent of Capitol
Building and Grounds changed to
Architect of the Capitol.......... 500
162. Architect of the Capitol; powers and
duties............................ 501
162-1. Appointment of Architect of the
Capitol........................... 501.1
162a. Same; compensation.................... 501.2
162b. Same; semiannual report of
expenditures...................... 501.3
163. Same; care and superintendence of
Capitol........................... 502
163a. Same; exterior of Capitol............. 503
163b. Same; delegation of authority......... 504
164a. Same; Assistant Architect of the
Capitol to act in case of absence,
disability, or vacancy............ 505
166. Same; repairs of Capitol.............. 506
...... Extension, reconstruction, and
replacement of central portion of
the Capitol....................... 506.1
Note: Overall plan for satisfying
telecommunications requirements of
legislative branch................ 506.1
Note: Energy management requirements for
Congressional buildings........... 506.1
166a. Omitted...............................
166b-1a. Compensation of employees under
Architect of Capitol; single per
annum gross rates................. 508.1
166b-1b. Same; conversion...................... 508.2
166b-1c. Same; obsolete references in existing
law............................... 508.3
166b-1d. Same; savings provisions.............. 508.4
166b-1e. Same; effect on existing law.......... 508.5
166b-1f. Same; exemptions...................... 508.6
166b-2. Registered nurses compensated under
appropriations for Capitol
Buildings, Senate Office Buildings
and House Office Buildings;
allocation to General Schedule
salary grade...................... 509
166b-3a. Compensation of certain positions in
Office of Architect of Capitol.... 509.1
166b-6. Assignment and reassignment of
personnel by Architect of Capitol
for personal services............. 509.2
168. Heating and ventilating Senate wing... 510
170. Purchase of furniture or carpets for
House or Senate................... 511
174b. Senate Office Buildings; approval of
structural changes by Architect of
Capitol........................... 512
174b-1. Same; additional Senate office
building.......................... 513
...... Extension of additional Senate Office
Building site..................... 513.1
...... Construction of an extension to the
New Senate Office Building........ 513.2
...... Acquisition of property as site for
parking facilities for the United
States Senate..................... 513.3
...... Plans for garage and related
facilities for the United States
Senate............................ 513.4
...... City Post Office Building; leased
property as part of Senate Office
Buildings......................... 513.5
...... Acquisition of property for use as
residential facility for United
States Senate pages............... 513.6
174c. Same; control, care, and supervision.. 514
174d. Same; assignment of space............. 515
174d-1. Same; assignment of space for meetings
of joint committees, conference
committees, etc................... 516
174e. Certification of vouchers by Architect
of Capitol........................ 517
174j-1. Senate Restaurants; management by
Architect of the Capitol; approval
of matters of general policy;
termination....................... 518
174j-2. [Omitted.]............................ 518.1
174j-3. Same; authorization and direction to
effectuate purposes of sections
174j-1 to 174j-7 of this title.... 518.2
174j-4. Special deposit account;
establishment; appropriations;
approval of payments.............. 518.3
174j-5. Same; deposits and disbursements under
special deposit account........... 518.4
174j-6. Same; bond of Architect, Assistant
Architect, and other employees.... 518.5
174j-7. Same; supersedure of prior provisions
for maintenance and operation of
Senate Restaurants................ 518.6
174j-8. Management personnel and miscellaneous
expenses; availability of
appropriations; annual and sick
leave............................. 518.6-1
174j-9. Loans for Senate Restaurants.......... 518.6-2
184a. John W. McCormack Residential Page
School............................ 518.7
...... Acquisition of property as an addition
to the Capitol Grounds............ 518.8
185a. Senate garage; control, supervision,
servicing of official motor
vehicles.......................... 519
186. Transfer of material and equipment to
Architect......................... 520
187. National Statuary Hall................ 521
188. Works of fine arts.................... 522
188a. United States Capitol Preservation
Commission........................ 522a
188a-1. Authority of Commission to accept
gifts and conduct other
transactions relating to works of
fine art and other property....... 522a-1
188a-2. Capitol Preservation Fund............. 522a-2
188a-3. Audits by the Comptroller General..... 522a-3
188a-4. Advisory Boards....................... 522a-4
188a-5. Definition............................ 522a-5
188b. Senate Commission on Art.............. 522b
188b-1. Duties of Commission.................. 522b-1
188b-2. Supervision and maintenance of Old
Senate chamber.................... 522b-2
188b-3. Publication of list of works of art,
historical objects, and exhibits.. 522b-3
188b-4. Authorization of appropriations....... 522b-4
188b-5. Additional authority for Senate
Commission on Art to acquire works
of art, historical objects,
documents, or exhibits............ 522b-5
188b-6. Conservation, restoration,
replication, or replacement of
items in United States Senate
Collection........................ 522b-6
189. Art exhibits.......................... 523
190. Private studio and works of art....... 524
193. Protection of buildings and property.. 525
193a. United States Capitol Grounds; area
comprising; jurisdiction.......... 526
193b. Same; public use...................... 527
193c. Same; obstruction of roads; conveyance
of goods or merchandise........... 528
193d. Same; sale of articles; signs;
solicitation...................... 529
193e. Same; injuries to property............ 530
193f. Same; firearms, dangerous weapons,
explosives, or incendiary devices;
violent entry and disorderly
conduct in the Capitol Grounds and
Buildings; exemption of Government
officials......................... 531
193g. Same; parades or assemblages; display
of flags.......................... 532
193h. Same; prosecution and punishment of
offenses.......................... 533
193i. Same; assistance to authorities by
Capitol employees................. 534
193j. Same; suspension of prohibitions
against use of grounds............ 535
193k. Same; power of Capitol Police Board to
suspend prohibitions.............. 536
193l. Same; concerts on grounds............. 537
193m. Same; definitions..................... 538
193m-1. Audit for private organizations
conducting activities or
performing services in or on U.S.
Capitol Building or grounds....... 538.1
206. Capitol Police; appointment, Chief of
Capitol Police.................... 539
206c. Same; emergency duty overtime pay from
funds disbursed by Secretary of
the Senate; compensatory time off
in place of additional pay;
election, accrual and transfer of
time off; rules and regulations... 539.1
207. Same; payment......................... 540
207a. Unified payroll administration for
Capitol Police.................... 540a
208. Same; suspension of members........... 541
209. Same; pay of members under suspension. 542
210. Same; uniform, belts and arms......... 543
211. Same; uniforms; at whose expense...... 544
212. Same; wearing uniform on duty......... 545
212a. Policing of Capitol buildings and
grounds; powers of Capitol Police;
arrests by Capitol Police for
crimes of violence; arrests by
District of Columbia Police....... 546
212a-1. Capitol grounds and Library of
Congress grounds; detail of Police 546.1
212a-2. Protection of Members of Congress,
officers of Congress, and members
of their families................. 546.2
212a-3. Law enforcement authority of Capitol
Police oversight.................. 547
212b. Regulation of traffic by Capitol
Police Board...................... 547.1
213a. [Omitted.]............................ 548
214. Protection of grounds................. 549
214a. [Omitted.]............................ 549a
214b. Designation of Capitol grounds as play
area for children of Members and
employees of Senate or House of
Representatives................... 549b
214c. Senate Employee Child Care Center..... 549c
214d. Child care center employee benefits... 549d
215. Supervision of Botanical Garden....... 550
216. Superintendent, etc., of Botanical
Garden and greenhouses............ 551
216a. Restriction on use of appropriation
for Botanical Garden.............. 552
223. Capital grounds shuttle service;
purchase, etc., of vehicles....... 553
Chapter 18.--National Visitor Center Facilities
Part A.--National Visitor Center
801. National Visitor Center; designation;
parking facility; authorization of
agreements and leases for use of
Union Station..................... 554
subchapter iii.--capitol visitor center
831. Capitol educational and information
center and information and
distribution stations; operation
agreements........................ 556
subchapter iv.--capitol guide service
851. Capitol Guide Service................. 558
Chapter 21.--National Capital Memorials and Commemorative
Works
1001. Purposes.............................. 559.1
1002. Definitions........................... 559.2
1003. Congressional authorization of
commemorative works............... 559.3
1004. National Capital Memorial Commission.. 559.4
1005. Availability of map depicting Area I
and Area II....................... 559.5
1006. Specific conditions applicable to
Areas I and II.................... 559.6
1007. Site and design approval.............. 559.7
1008. Criteria for issuance of construction
permit............................ 559.8
1009. Temporary site design................. 559.9
1010. Miscellaneous provisions.............. 559.10
Chapter 23.--Judiciary Office Building Development
1201. Findings and purposes................. 559.11
1202. Construction of building.............. 559.12
1203. Lease of building by Architect of the
Capitol........................... 559.13
1204. Structural and mechanical care and
security.......................... 559.14
1205. Allocation of space................... 559.15
1206. Commission for judiciary office
building.......................... 559.16
1207. Funding............................... 559.17
1208. Definitions........................... 559.18
TITLE 41.--PUBLIC CONTRACTS
Chapter 1.--General Provisions
6a-1. Architect of the Capitol, exception
from advertisement requirement.... 560
6a-2. Architect of the Capitol, authority
for personal services contracts
with legal entities............... 560.1
22. Interest of Member of Congress........ 561
TITLE 42.--THE PUBLIC HEALTH AND WELFARE
Chapter 126.--Equal Opportunity for Individuals with
Disabilities
12209. Instrumentalities of the Congress..... 565
TITLE 44.--PUBLIC PRINTING AND DOCUMENTS
Chapter 1.--Joint Committee on Printing
101. Joint Committee on Printing:
membership........................ 600
102. Joint Committee on Printing:
succession; powers during recess.. 601
103. Joint Committee on Printing: remedial
powers............................ 602
Chapter 3.--Government Printing Office
301. Public Printer: appointment........... 603
302. Deputy Public Printer: appointment;
duties............................ 604
303. Public Printer and Deputy Public
Printer: pay...................... 605
304. Public Printer: vacancy in office..... 606
305. Public Printer: employees; pay........ 607
Chapter 5.--Production and Procurement of Printing and
Binding
501. Government printing, binding, and
blank-book work to be done at
Government Printing Office........ 608
502. Procurement of printing, binding, and
blank-book work by Public Printer. 609
506. Time for printing documents or reports
which include illustrations or
maps.............................. 610
507. Orders for printing to be acted upon
within one year................... 611
508. Annual estimates of quantity of paper
required for public printing and
binding........................... 612
Chapter 7.--Congressional Printing and Binding
701. ``Usual number'' of documents and
reports; distribution of House and
Senate documents and reports;
binding; reports on private bills;
number of copies printed;
distribution...................... 613
702. Extra copies of documents and reports. 614
703. Printing extra copies................. 615
704. Reprinting bills, laws, and reports
from committees not exceeding
fifty pages....................... 616
705. Duplicate orders to print............. 617
706. Bills and resolutions: number and
distribution...................... 618
707. Bills and resolutions: style and form. 619
708. Bills and resolutions: binding sets
for Congress...................... 620
709. Public and private laws, postal
conventions, and treaties......... 621
711. Printing Acts, joint resolutions, and
treaties.......................... 622
713. Journals of Houses of Congress........ 623
714. Printing documents for Congress in two
or more editions: printing of full
number and allotment of full quota 624
715. Senate and House documents and reports
for Department of State........... 625
716. Printing of documents not provided for
by law............................ 626
717. Appropriation chargeable for printing
of document or report by order of
Congress.......................... 627
718. Lapse of authority to print........... 628
719. Classification and numbering of
publications ordered printed by
Congress; designation of
publications of departments;
printing of committee hearings.... 629
720. Senate and House Manuals.............. 630
721. Congressional Directory............... 631
722. Congressional Directory: sale......... 632
723. Memorial addresses: preparation;
distribution...................... 633
724. Memorial addresses: illustrations..... 634
725. Statement of appropriations; ``usual
number''.......................... 635
726. Printing for committees of Congress... 636
727. Committee reports: indexing and
binding........................... 637
728. United States Statutes at Large:
distribution...................... 638
730. Distribution of documents to Members
of Congress....................... 639
731. Allotments of public documents printed
after expiration of terms of
Members of Congress; rights of
retiring Members to documents..... 640
732. Time for distribution of documents by
Members of Congress extended...... 641
733. Documents and reports ordered by
Members of Congress; franks and
envelopes for Members of Congress. 642
734. Stationery and blank books for
Congress.......................... 643
735. Binding for Senators.................. 644
736. Binding at expense of Members of
Congress.......................... 645
737. Binding for Senate library............ 646
738. Binding of publications for
distribution to libraries......... 647
739. Senate and House document rooms;
superintendents................... 648
740. Senate Service Department and House
Publications Distribution Service;
superintendents................... 649
741. Disposition of documents stored at
Capitol........................... 650
Chapter 9.--Congressional Record
901. Congressional Record: arrangement,
style, contents, and indexes...... 651
902. Congressional Record: indexes......... 652
903. Congressional Record: daily and
permanent forms................... 653
904. Congressional Record: maps; diagrams;
illustrations..................... 654
905. Congressional Record: additional
insertions........................ 655
906. Congressional Record: gratuitous
copies; delivery.................. 656
907. Congressional Record: extracts for
Members of Congress; mailing
envelopes......................... 657
908. Congressional Record: payment for
printing extracts or other
documents......................... 658
910. Congressional Record: subscriptions;
sale of current, individual
numbers, and bound sets; postage
rate.............................. 659
Chapter 11.--Executive and Judiciary Printing and Binding
1104. Restrictions on use of illustrations.. 660
Chapter 13.--Particular Reports and Documents
1301. Agriculture, Department of: report of
Secretary......................... 661
1326. Librarian of Congress: reports........ 661.1
1339. Printing of the President's Message... 662
Chapter 17.--Distribution and Sale of Public Documents
1705. Printing additional copies for sale to
public; regulations............... 663
1706. Printing and sale of extra copies of
documents......................... 664
1710. Index of documents: number and
distribution...................... 665
1715. Publications for department or officer
or for congressional committees... 666
1718. Distribution of Government
publications to the Library of
Congress.......................... 667
1719. International exchange of Government
publications...................... 668
Chapter 19.--Depository Library Program
1901. Definition of Government publication.. 669
1902. Availability of Government
publications through
Superintendent of Documents; lists
of publications not ordered from
Government Printing Office........ 670
1903. Distribution of publications to
depositories; notice to Government
components; cost of printing and
binding........................... 671
1904. Classified list of Government
publications for selection by
depositories...................... 672
1905. Distribution to depositories;
designation of additional
libraries; justification;
authorization for certain
designations...................... 673
1906. Land-grant colleges constituted
depositories...................... 674
1909. Requirements of depository libraries;
reports on conditions;
investigations; termination;
replacement....................... 675
1910. Designations of replacement
depositories; limitations on
numbers; conditions............... 676
1912. Regional depositories; designation;
functions; disposal of
publications...................... 677
1914. Implementation of depository library
program by Public Printer......... 678
1915. Highest State appellate court
libraries as depository libraries. 678.1
1916. Designation of libraries of accredited
law schools as depository
libraries......................... 678.2
Chapter 21.--National Archives and Records Administration
2112. Presidential archival records......... 679
2118. Records of Congress................... 679.1
Chapter 33.--Disposal of Records
3303a. Examination by Archivist of lists and
schedules of records lacking
preservation value; disposal of
records........................... 680
Chapter 35.--Coordination of Federal Information Policy
3501. Purposes.............................. 681
3503. Office of Information and Regulatory
Affairs........................... 682
3505. Assignment of tasks and deadlines..... 683
3514. Responsiveness to Congress............ 684
1 u.s.c.--general provisions
general and permanent laws relating to the senate
[201]
____________________________________________________________
GENERAL AND PERMANENT LAWS RELATING TO THE UNITED STATES
SENATE
Extracts from the United States Code \1\
\1\ Since some provisions of the most recently enacted
statutes may receive slightly different editorial treatment
in the codification process, and since a few stylistic
changes have been made in this Manual to achieve more
convenient adaptation to Senate needs, some pro forma
deviations from the exact format of the United States Code
may be noted.
[Data collected through 106th Congress, 1st Session]
____________________________________________________________
TITLE I.--GENERAL PROVISIONS
Chapter 2.--ACTS AND RESOLUTIONS; FORMALITIES OF ENACTMENT;
REPEALS; SEALING OF INSTRUMENTS
201 Sec. 112. Statutes at large; contents; admissibility in
evidence.
The Archivist of the United States shall cause to be
compiled, edited, indexed, and published, the United States
Statutes at Large, which shall contain all the laws and
concurrent resolutions enacted during each regular session
of Congress; all proclamations by the President in the
numbered series issued since the date of the adjournment of
the regular session of Congress next preceding; and also any
amendments to the Constitution of the United States proposed
or ratified pursuant to article V thereof since that date,
together with the certificate of the Archivist of the United
States issued in compliance with the provision contained in
section 106b of this title. In the event of an extra session
of Congress, the Archivist of the United States shall cause
all the laws and concurrent resolutions enacted during said
extra session to be consolidated with, and published as part
of, the contents of the volume for the next regular session.
The United States Statutes at Large shall be legal evidence
of laws, concurrent resolutions, treaties, international
agreements other than treaties, proclamations by the
President, and proposed or ratified amendments to the
Constitution of the United States therein contained, in all
the courts of the United States, the several States, and the
Territories and insular possessions of the United States.
(July 30, 1947, ch. 388, 61 Stat. 636; Sept. 23, 1950, ch.
1001, Sec. 1, 64 Stat. 979; Oct. 31, 1951, ch. 655, Sec. 3,
65 Stat. 710; Oct. 19, 1984, Pub. L. 98-497, Title I,
Sec. 107(d), 98 Stat. 2291.)
201.5 Sec. 112b. United States international agreements;
transmission to Congress.
(a) The Secretary of State shall transmit to the
Congress the text of any international agreement (including
the text of any oral international agreement, which
agreement shall be reduced to writing), other than a treaty,
to which the United States is a party as soon as practicable
after such agreement has entered into force with respect to
the United States but in no event later than sixty days
thereafter. However, any such agreement the immediate public
disclosure of which would, in the opinion of the President,
be prejudicial to the national security of the United States
shall not be so transmitted to the Congress but shall be
transmitted to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives under an appropriate injunction of secrecy
to be removed only upon due notice from the President. Any
department or agency of the United States Government which
enters into any international agreement on behalf of the
United States shall transmit to the Department of State the
text of such agreement not later than twenty days after such
agreement has been signed.
(b) Not later than March 1, 1979, and at yearly
intervals thereafter, the President shall, under his own
signature, transmit to the Speaker of the House of
Representatives and the chairman of the Committee on Foreign
Relations of the Senate a report with respect to each
international agreement which, during the preceding year,
was transmitted to the Congress after the expiration of the
60-day period referred to in the first sentence of
subsection (a), describing fully and completely the reasons
for the late transmittal.
(c) Notwithstanding any other provision of law, an
international agreement may not be signed or otherwise
concluded on behalf of the United States without prior
consultation with the Secretary of State. Such consultation
may encompass a class of agreements rather than a particular
agreement.
(d) The Secretary of State shall determine for and
within the executive branch whether an arrangement
constitutes an international agreement within the meaning of
this section.
(e) The President shall, through the Secretary of State,
promulgate such rules and regulations as may be necessary to
carry out this section. (Aug. 22, 1972, Pub. L. 92-403,
Sec. 1, 86 Stat. 619; June 15, 1977, Pub. L. 95-45, Sec. 5,
91 Stat. 224; Oct. 7, 1978, Pub. L. 95-426, Title VII,
Sec. 708, 92 Stat. 993; Apr. 30, 1994, Pub. L. 103-236,
Sec. 138, 108 Stat. 397; Nov. 2, 1994, Pub. L. 103-437,
Sec. 1, 108 Stat. 4581.)
Chapter 3.--CODE OF LAWS OF UNITED STATES AND SUPPLEMENTS;
DISTRICT OF COLUMBIA CODE AND SUPPLEMENTS
202 Sec. 211. Copies [of Code of Laws] to Members of Congress.
In addition to quotas provided for by section 210 of
this title there shall be printed, published, and
distributed of the Code of Laws relating to the District of
Columbia with tables, index and other ancillaries, suitably
bound and with thumb inserts and other convenient devices to
distinguish the parts, and of the supplements to both codes
as provided for by sections 202, 203 of this title, ten
copies of each for each Member of the Senate * * * for his
use and distribution, and in addition for the * * *
Committee on the Judiciary of the Senate a number of bound
copies of each equal to ten times the number of members of
such committee[s], and one bound copy of each for the use of
each committee of the Senate * * * (July 30, 1947, ch. 388,
61 Stat. 640.)
203 Sec. 212. Additional distribution at each new Congress.
In addition the Superintendent of Documents shall, at
the beginning of the first session of each Congress, supply
to each Senator * * * in such Congress, who may in writing
apply for the same, one copy each of the Code of Laws of the
United States, the Code of Laws relating to the District of
Columbia, and the latest supplement to each code: Provided,
That such applicant shall certify in his written application
for the same that the volume or volumes for which he applies
is intended for his personal use exclusively: And provided
further, That no Senator * * * during his term of service
shall receive under this section more than one copy each of
the volumes enumerated herein. (July 30, 1947, ch. 388, 61
Stat. 640.)
2 u.s.c.--the congress
generalandpermanentlawsrelatingtothesenate
TITLE 2.--THE CONGRESS
Chapter 1.--ELECTION OF SENATORS AND REPRESENTATIVES
205 Sec. 1. Time for election of Senators.
At the regular election held in any State next preceding
the expiration of the term for which any Senator was elected
to represent such State in Congress, at which election a
Representative to Congress is regularly by law to be chosen,
a United States Senator from said State shall be elected by
the people thereof for the term commencing on the 3d day of
January next thereafter. (June 4, 1914, ch. 103, Sec. 1, 38
Stat. 384; June 5, 1934, ch. 390, Sec. 3, 48 Stat. 879.)
205.1 Constitutional Provisions
The first section of Amendment XX to the Constitution
provides in part: ``* * * the terms of Senators and
Representatives [shall end] at noon on the 3d day of
January, of the years in which such terms would have ended
if this article had not been ratified; and the terms of
their successors shall then begin.''
Cross References
Time for election of Senators, see Const. Art. I,
Sec. 4, cl. 1 (Senate Manual section 761.14).
Vacancies in the Senate, see Const. Amend. XVII (Senate
Manual section 787).
206 Sec. 1a. Election to be certified by governor.
It shall be the duty of the executive of the State from
which any Senator has been chosen to certify his election,
under the seal of the State, to the President of the Senate
of the United States. (R.S. Sec. 18.)
207 Sec. 1b. Same; countersignature by secretary of state.
The certificate mentioned in section la of this title
shall be countersigned by the secretary of state of the
State. (R.S. Sec. 19.)
Chapter 2.--ORGANIZATION OF CONGRESS
210 Sec. 21. Oath of Senators.
The oath of office shall be administered by the
President of the Senate to each Senator who shall be
elected, previous to his taking his seat. (R.S. Sec. 28.)
211 Sec. 22. Oath of President of Senate.
When a President of the Senate has not taken the oath of
office, it shall be administered to him by any Member of the
Senate. (R.S. Sec. 29.)
212 Sec. 23. Presiding officer of Senate may administer oaths.
The presiding officer, for the time being, of the Senate
of the United States, shall have power to administer all
oaths and affirmations that are or may be required by the
Constitution, or by law, to be taken by any Senator, officer
of the Senate, witness, or other person, in respect to any
matter within the jurisdiction of the Senate. (Apr. 18,
1876, ch. 66, Sec. 1, 19 Stat. 34.)
213 Sec. 24. Secretary of Senate or Assistant Secretary may
administer oaths.
The Secretary of the Senate, and the Assistant Secretary
thereof, shall, respectively, have power to administer any
oath or affirmation required by law, or by the rules or
orders of the Senate, to be taken by any officer of the
Senate, and to any witness produced before it. (Apr. 18,
1876, ch. 66, Sec. 2, 19 Stat. 34; amended, Pub. L. 92-51,
Sec. 101, July 9, 1971, 85 Stat. 125.)
214 Sec. 27. Change of place of meeting.
Whenever Congress is about to convene, and from the
prevalence of contagious sickness, or the existence of other
circumstances, it would, in the opinion of the President, be
hazardous to the lives or health of the Members to meet at
the seat of Government, the President, is authorized, by
proclamation, to convene Congress at such other place as he
may judge proper. (R.S. Sec. 34.)
215 Sec. 30. Term of service of Members of Congress as trustees
or directors of corporations or institutions
appropriated for.
In all cases where Members of Congress or Senators are
appointed to represent Congress on any board of trustees or
board of directors of any corporation or institution to
which Congress makes any appropriation, the term of said
Members or Senators, as such trustee or director, shall
continue until the expiration of two months after the first
meeting of the Congress chosen next after their appointment.
(Mar. 3, 1893, ch. 199, Sec. 1, 27 Stat. 553.)
215a
215a Sec. 30a. Jury duty exemption of elected officials of the
legislative branch.
(a) Notwithstanding any other provision of Federal,
State or local law, no elected official of the legislative
branch of the United States Government shall be required to
serve on a grand or petit jury, convened by any Federal,
State or local court, whether such service is requested by
judicial summons or by some other means of compulsion.
(b) ``Elected official of the legislative branch'' shall
mean each Member of the United States House of
Representatives, the Delegates from the District of
Columbia, Guam, the American Virgin Islands, and American
Samoa, and the Resident Commissioner from Puerto Rico, and
each United States Senator. (Pub. L. 101-520, Title III,
Sec. 310, Nov. 5, 1990, 104 Stat. 2278.)
Chapter 3.--COMPENSATION AND ALLOWANCES OF MEMBERS
220 Sec. 31. Compensation of Members of Congress.
(1) The annual rate of pay for-
(A) each Senator, Member of the House of
Representatives, and Delegate to the House of
Representatives, and the Resident Commissioner
from Puerto Rico,
(B) the President pro tempore of the Senate,
the Majority Leader and the Minority Leader of
the Senate, and the Majority Leader and the
Minority Leader of the House of Representatives,
and
(C) the Speaker of the House of
Representatives,
shall be the rate determined for such positions under
chapter 11 of this title, as adjusted by paragraph (2) of
this section.
(2)(A) Subject to subparagraph (B), effective at the
beginning of the first applicable pay period commencing on
or after the first day of the month in which an adjustment
takes effect under section 5303 of title 5 in the rates of
pay under the General Schedule, each annual rate referred to
in paragraph (1) shall be adjusted by an amount, rounded to
the nearest multiple of $100 (or if midway between multiples
of $100, to the next higher multiple of $100), equal to the
percentage of such annual rate which corresponds to the most
recent percentage change in the ECI (relative to the date
described in the next sentence), as determined under section
704(a)(1) of the Ethics Reform Act of 1989. The appropriate
date under this sentence is the first day of the fiscal year
in which such adjustment in the rates of pay under the
General Schedule takes effect.
(B) In no event shall the percentage adjustment taking
effect under subparagraph (A) in any calendar year (before
rounding), in any rate of pay, exceed the percentage
adjustment taking effect in such calendar year under section
5303 of title 5, United States Code, in the rates of pay
under the General Schedule. (Mar. 4, 1925, ch. 549, Sec. 4,
43 Stat. 1301; May 17, 1932, ch. 190, 47 Stat. 158; Aug. 2,
1946, ch. 753, Title VI, Sec. 601(a), 60 Stat. 850; Jan. 19,
1949, ch. 2, Sec. 1(d), 63 Stat. 4; Mar. 2, 1955, ch. 9,
Sec. 4(a), 69 Stat. 11; Aug. 14, 1964, Pub. L. 88-426, Title
II, Sec. 204, 78 Stat. 415; Oct. 29, 1965, Pub. L. 89-301,
Sec. 11(e), 79 Stat. 1120; Dec. 16, 1967, Pub. L. 90-206,
Title II, Sec. 225(h), 81 Stat. 644; Sept. 15, 1969, Pub. L.
91-67, Sec. 2, 83 Stat. 107; Aug. 9, 1975, Pub. L. 94-82,
Title II, Sec. 204(a), 89 Stat. 421; Nov. 30, 1989, Pub. L.
101-194, Title VII, Sec. 704(a)(2)(B), 103 Stat. 1769; Nov.
5, 1990, Pub. L. 101-509, Title I, Sec. 101(b)(4)(D), 104
Stat. 1439; Oct. 13, 1994, Pub. L. 103-356, Sec. 101, 108
Stat. 3410.)
Sec. 31-1 (Repealed). (Aug. 14, 1991, Pub. L. 102-90,
Sec. 6(c), Honoraria prohibited Title V, Ethics in
Government Act of 1978 (5 U.S.C. App))
220.1 Sec. 31-2. Gifts and travel.
(a) Gifts
(1) No Member, officer, or employee of the Senate, or
the spouse or dependent thereof, shall knowingly accept,
directly or indirectly, any gift or gifts in any calendar
year aggregating more than the minimal value as established
by section 7342(a)(5) of title 5, U.S.C. or $250, whichever
is greater from any person, organization, or corporation
unless, in an unusual case, a waiver is granted by the
Select Committee on Ethics.
(2) The prohibitions of this subsection do not apply to
gifts--
(A) from relatives;
(B) with a value of $100 or less, as
adjusted under section 102(a)(2)(A) of the
Ethics in Government Act of 1978, or
(C) of personal hospitality of an
individual.
(D) Repealed. Pub. L. 101-280,
Sec. 8(l)(A)(iii), May 4, 1990, 104 Stat. 162.
(3) For purposes of this subsection--
(A) the term ``gift'' means a payment,
subscription, advance, forbearance, rendering,
or deposit of money, services, or anything of
value, including food, lodging, transportation,
or entertainment, and reimbursement for other
than necessary expenses, unless consideration of
equal or greater value is received, but does not
include (1) a political contribution otherwise
reported as required by law, (2) a loan made in
a commercially reasonable manner (including
requirements that the loan be repaid,and that a
reasonable rate of interest be paid), (3) a
bequest, inheritance, or other transfer at
death, (4) a bona fide award presented in
recognition of public service and available to
the general public, (5) a reception at which the
Member, officer, or employee is to be honored,
provided such individual receives no other gifts
that exceed the restrictions in this rule, other
than a suitable memento, (6) meals or beverages
consumed or enjoyed, provided the meals or
beverages are not consumed or enjoyed in
connection with a gift of overnight lodging, or
(7) anything of value given to a spouse or
dependent of a reporting individual by the
employer of such spouse or dependent in
recognition of the service provided by such
spouse or dependent; and
(B) the term ``relative'' has the same
meaning given to such term in section 107(2) of
title I of the Ethics in Government Act of 1978
(Pub. L. 95-521).
(4) If a Member, officer, or employee, after exercising
reasonable diligence to obtain the information necessary to
comply with this rule, unknowingly accepts a gift described
in paragraph (1) such Member, officer, or employee shall,
upon learning of the nature of the gift and its source,
return the gift or, if it is not possible to return the
gift, reimburse the donor for the value of the gift.
(5)(A) Notwithstanding the provisions of this
subsection, a Member, officer, or employee of the Senate may
participate in a program, the principal objective of which
is educational, sponsored by a foreign government or a
foreign educational or charitable organization involving
travel to a foreign country paid for by that foreign
government or organization if such participation is not in
violation of any law and if the Select Committee on Ethics
has determined that participation in such program by
Members, officers, or employees of the Senate is in the
interests of the Senate and the United States.
(B) Any Member who accepts an invitation to participate
in any such program shall notify the Select Committee in
writing of his acceptance. A Member shall also notify the
Select Committee in writing whenever he has permitted any
officer or employee whom he supervises to participate in any
such program. The chairman of the Select Committee shall
place in the Congressional Record a list of all individuals,
participating, the supervisors of such individuals where
applicable, and the nature and itinerary of such program.
(C) No Member, officer, or employee may accept funds in
connection with participation in a program permitted under
subparagraph (A) if such funds are not used for necessary
food, lodging, transportation, and related expenses of the
Member, officer, or employee.
(b) Limits on domestic and foreign travel by members and
staff of the Senate
The term ``necessary expenses,'' with respect to limits
on domestic and foreign travel by Members and staff of the
Senate, means reasonable expenses for food, lodging, or
transportation, which are incurred by a Member, officer, or
employee of the Senate in connection with services provided
to (or participation in an event sponsored by) the
organization which provides reimbursement for such expenses
or which provides the food, lodging, or transportation
directly. Necessary expenses do not include the provision of
food, lodging, or transportation, or the payment for such
expenses, for a continuous period in excess of 3 days
exclusive of travel time within the United States or 7 days
exclusive of travel time outside of the United States unless
such travel is approved by the Committee on Ethics as
necessary for participation in a conference, seminar,
meeting or similar matter. Necessary expenses do not include
the provision of food, lodging, or transportation, or the
payment for such expenses, for anyone accompanying a Member,
officer, or employee of the Senate, other than the spouse or
child of such Member, officer, or employee of the Senate or
one Senate employee acting as an aide to a Member. (Pub. L.
101-194, Title IX, Sec. 901, Nov. 30, 1989, 103 Stat. 1778;
amended Pub. L. 101-280, Sec. 8, May 4, 1990, 104 Stat. 162;
Pub. L. 102-90, Title III Sec. 314(c), Aug. 14, 1991, 105
Stat. 470.)
220.5 Sec. 31a-1. Expense allowance of Majority and Minority
Leaders of Senate; expense allowance of Majority and
Minority Whips; methods of payment; taxability.
Effective fiscal year 1978 and each fiscal year
thereafter, the expense allowances of the Majority and
Minority Leaders of the Senate are increased to $10,000 each
fiscal year for each leader: Provided, That, effective with
the fiscal year 1983 and each fiscal year thereafter, the
expense allowance of the Majority and Minority Whips of the
Senate which shall not exceed $5,000 each fiscal year for
each Whip: Provided further, That, during the period
beginning on January 3, 1977, and ending September 30, 1977,
and during each fiscal year thereafter, the Vice President,
the Majority Leader, the Minority Leader, the Majority Whip,
and the Minority Whip may receive the expense allowance (a)
as reimbursement for actual expenses incurred upon
certification and documentation of such expenses by the Vice
President, the respective Leader or the respective Whip, or
(b) in equal monthly payments: Provided further, That
effective January 3, 1977, the amounts paid to the Vice
President, the Majority or Minority Leader of the Senate, or
the Majority or Minority Whip of the Senate as reimbursement
of actual expenses incurred upon certification and
documentation pursuant to the second proviso of this section
shall not be reported as income, and the expenses so
reimbursed shall not be allowed as a deduction, under title
26. (Pub. L. 95-26, Title I, Sec. 100, May 4, 1977, 91 Stat.
79; Pub. L. 95-94, Title I, Sec. 109, Aug. 5, 1977, 91 Stat.
661; Pub. L. 95-355, Title I, Sec. 100, Sept. 8, 1978, 92
Stat. 532; Pub. L. 98-63, Title I, Sec. 101, July 30, 1983,
97 Stat. 333; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100
Stat. 2095.)
220.6 Sec. 31a-2. Representation Allowance Account for the
Majority and Minority Leaders of Senate.
(a) Establishment; purpose
There is hereby established an account, within the
Senate, to be known as the ``Representation Allowance
Account for the Majority and Minority Leaders''. Such
Allowance Account shall be used by the Majority and Minority
Leaders of the Senate to assist them properly to discharge
their appropriate responsibilities in the United States to
members of foreign legislative bodies and prominent
officials of foreign governments and intergovernmental
organizations.
(b) Payments; allotment; reimbursement for actual expenses;
taxability
Payments authorized to be made under this section shall
be paid by the Secretary of the Senate. Of the funds
available for expenditure from such Allowance Account for
any fiscal year, one-half shall be allotted to the Majority
Leader and one-half shall be allotted to the Minority
Leader. Amounts paid from such Allowance Account to the
Majority or Minority Leader shall be paid to him from his
allotment and shall be paid to him only as reimbursement for
actual expenses incurred by him and upon certification and
documentation of such expenses. Amounts paid to the Majority
or Minority leader pursuant to this section shall not be
reported as income and shall not be allowed as a deduction
under title 26.
(c) Authorization of appropriations
There are authorized to be appropriated for each fiscal
year (commencing with the fiscal year ending September 30,
1985) not more than $20,000 to the Allowance Account
established by this section. (Aug. 15, 1985, Pub. L. 99-88,
Title I, Sec. 197, 99 Stat. 350.)
220.7 Sec. 31a-2a. Transfer of funds from representation allowance
of Majority and Minority Leaders of Senate to expense
allowance; availability; definitions.
(a) The Secretary of the Senate shall, upon the written
request of the Majority or Minority Leader of the Senate,
transfer from any available funds in such Leader's allotment
in the Leader's Representation Allowance (as defined in
subsection (b)(1) of this section) for any fiscal year
(commencing with the fiscal year ending September 30, 1985)
to such Leader's Expense Allowance (as defined in subsection
(b)(2) of this section) to such year such amount as is
specified in the request. Any funds so transferred for any
fiscal year at the request of either such Leader shall be
available to such Leader for such year for the same purposes
as, and in like manner and subject to the same conditions
as, are other funds which are available to him for such year
as his expense allowance as Majority or Minority Leader.
(b)(1) The term ``Leader's Representation Allowance''
means the Representation Allowance Account for the Majority
and Minority Leaders established by section 31a-2 of this
title.
(2) The term ``Leader's Expense Allowance'', when used
in reference to the Majority or Minority Leader of the
Senate, refers to the moneys available, for any fiscal year,
to such Leader as an expense allowance and the appropriation
account from which such moneys are funded. (July 11, 1987,
Pub. L. 100-71, Title I, Sec. 1, 101 Stat. 422, 423.)
220.7a
220.7a Sec. 31a-2b Transfer of funds from appropriations account of
Majority and Minority Leaders of Senate to
appropriations account for ``Miscellaneous Items''
within Senate contingent fund.
(a) Upon the written request of the Majority or Minority
Leader of the Senate, the Secretary of the Senate shall
transfer during any fiscal year, from the appropriations
account appropriated under the headings ``Salaries, Officers
and Employees'' and ``Offices of the Majority and Minority
Leaders,'' such amount as either Leader shall specify to the
appropriations account, within the contingent fund of the
Senate, ``Miscellaneous Items''.
(b) The Majority and Minority Leaders of the Senate are
each authorized to incur such expenses as may be necessary
or appropriate. Expenses incurred by either such leader
shall be paid from the amount transferred pursuant to
subsection (a) by such leader and upon vouchers approved by
such leader.
(c) The Secretary of the Senate is authorized to advance
such sums as may be necessary to defray expenses incurred in
carrying out subsections (a) and (b) of this section. (Pub.
L. 102-27, Apr. 10, 1991, 105 Stat. 144.)
220.8 Sec. 31a-3. Expense allowance for Chairmen of Majority and
Minority Conference Committees of Senate; method of
payment; taxability.
For each fiscal year (commencing with the fiscal year
ending September 30, 1985), there is hereby authorized an
expense allowance for the Chairmen of the Majority and
Minority Conference Committees which shall not exceed $3,000
each fiscal year for each such Chairman; and amounts from
such allowance shall be paid to either of such Chairmen only
as reimbursement for actual expenses incurred by him and
upon certification and documentation of such expenses, and
amounts so paid shall not be reported as income and shall
not be allowed as a deduction under title 26. (Aug. 15,
1985, Pub. L. 99-88, Title I, 99 Stat. 348.)
222 Sec. 32. Compensation of President pro tempore of Senate.
Whenever there is no Vice President, the President of
the Senate for the time being is entitled to the
compensation provided by law for the Vice President. (R.S.
Sec. 36.)
Cross References
Compensation of Vice President, see section 104 of Title
3, United States Code, relating to the President (Senate
Manual section 421).
222.5 Sec. 32a. Compensation of Deputy President pro tempore of
Senate.
Effective January 5, 1977, the compensation of a Deputy
President pro tempore of the Senate shall be at a rate equal
to the rate of annual compensation of the President pro
tempore and the Majority and Minority Leaders of the Senate.
(May 4, 1977, Pub. L. 95-26, Title I, Sec. 100, 91 Stat.
79.)
Note
See Senate Manual section 79.7. The Senate may designate
any Member to hold the Office of Deputy President pro
tempore of the Senate. Such person is authorized to appoint
and fix the compensation of such employees as he deems
appropriate, but the gross compensation to such employees
shall not exceed $90,000 for any fiscal year.
222.6 Sec. 32b. Expense allowance of President pro tempore of
Senate; methods of payment; taxability.
Effective with fiscal year 1978 and each fiscal year
thereafter, there is hereby authorized an expense allowance
for the President Pro Tempore which shall not exceed $10,000
each fiscal year. The President Pro Tempore may receive the
expense allowance (1) as reimbursement for actual expenses
incurred upon certification and documentation of such
expenses by the President Pro Tempore, or (2) in equal
monthly payments. Such amounts paid to the President Pro
Tempore as reimbursement of actual expenses incurred upon
certification and documentation pursuant to this provision,
shall not be reported as income, and the expenses so
reimbursed shall not be allowed as a deduction, under title
26. (Sept. 8, 1978, Pub. L. 95-355, Title I, Sec. 100, 92
Stat. 532; Oct. 22, 1986, Pub. L. 99-514, Sec. 2, 100 Stat.
2095.)
223 Sec. 33. Senators' salaries.
Senators elected, whose term of office begins on the 3d
day of January, and whose credentials in due form of law
shall have been presented in the Senate, may receive their
compensation from the beginning of their term. (June 19,
1934, ch. 648, Title I, Sec. 1, 48 Stat. 1022; Oct. 1, 1981,
Pub. L. 97-51, Sec. 112(b)(2), 95 Stat. 963.)
224 Sec. 36. Salaries of Senators.
Salaries of Senators appointed to fill vacancies in the
Senate shall commence on the day of their appointment and
continue until their successors are elected and qualified:
Provided, That when Senators have been elected during a sine
die adjournment of the Senate to succeed appointees, the
salaries of Senators so elected shall commence on the day
following their election.
Salaries of Senators elected during a session to succeed
appointees shall commence on the day they qualify: Provided,
That when Senators have been elected during a session to
succeed appointees, but have not qualified, the salaries of
Senators so elected shall commence on the day following the
sine die adjournment of the Senate.
When no appointments have been made the salaries of
Senators elected to fill such vacancies shall commence on
the day following their election. (Feb. 13, 1935, ch. 6,
Sec. 1, 49 Stat. 22, 23.)
225 Constitutional Provisions
The first section of amendment XX to the Constitution
provides in part: ``* * * the terms of Senators and
Representatives [shall end] at noon on the 3d day of
January, of the years in which such terms would have ended
if this article had not been ratified; and the terms of
their successors shall then begin.''
226 Sec. 36a. Payment of sums due deceased Senators and Senate
personnel.
Under regulations prescribed by the Secretary of the
Senate, a person serving as a Senator or officer or employee
whose compensation is disbursed by the Secretary of the
Senate may designate a beneficiary or beneficiaries to be
paid any unpaid balance of salary or other sums due such
person at the time of his death. When any person dies while
so serving, any such unpaid balance shall be paid by the
disbursing officer of the Senate to the designated
beneficiary or beneficiaries. If no designation has been
made, such unpaid balance shall be paid to the widow or
widower of that person, or if there is no widow or widower,
to the next of kin or heirs at law of that person. (Jan. 6,
1951, ch. 1213, Sec. 1, 64 Stat. 1224; Oct. 31, 1972, Pub.
L. 92-607, Sec. 503, 86 Stat. 1505.)
227 Sec. 39. Deductions for absence.
The Secretary of the Senate and the Chief Administrative
Officer of the House of Representatives (upon certification
by the Clerk of the House of Representatives), respectively,
shall deduct from the monthly payments (or other periodic
payments authorized by law) of each Member or Delegate the
amount of his salary for each day that he has been absent
from the Senate or House, respectively, unless such Member
or Delegate assigns as the reason for such absence the
sickness of himself or of some member of his family. (R.S.
Sec. 40; Oct. 1, 1981, Pub. L. 97-51, Sec. 112(d), 95 Stat.
963; Aug. 20, 1996, Pub. L. 104-186, Title II, Sec. 203(7),
110 Stat. 1726.)
228 Sec. 40. Deductions for withdrawal.
When any Member or Delegate withdraws from his seat and
does not return before the adjournment of Congress, he
shall, in addition to the sum deducted for each day, forfeit
a sum equal to the amount which would have been allowed by
law for his mileage in returning home; and such sum shall be
deducted from his compensation, unless the withdrawal is
with the leave of the Senate or House of Representatives,
respectively. (R.S. Sec. 41.)
229 Sec. 40a. Deductions for delinquent indebtedness.
Whenever a Representative, Delegate, or Resident
Commissioner, or a United States Senator, shall fail to pay
any sum or sums due from such person to the House of
Representatives or Senate respectively, the appropriate
committee or officer of the House of Representatives or
Senate, as the case may be, having jurisdiction of the
activity under which such debt arose, shall certify such
delinquent sum or sums to the Chief Administrative Officer
of the House of Representatives in the case of an
indebtedness to the House of Representatives and to the
Secretary of the Senate in the case of an indebtedness to
the Senate, and such latter officials are authorized and
directed, respectively, to deduct from any salary, mileage,
or expense money due to any such delinquent such certified
amounts or so much thereof as the balance or balances due
such delinquent may cover. Sums so deducted by the Secretary
of the Senate shall be disposed of by him in accordance with
existing law and sums so deducted by the Chief
Administrative Officer of the House of Representatives shall
be disposed of by him in accordance with existing law. (June
19, 1934, ch. 648, Title I, Sec. 1, 48 Stat. 1024; Aug. 20,
1996, Pub. L. 104-186, Title II, Sec. 203(8), 110 Stat.
1726.)
231 Sec. 42a. Special delivery postage allowance for President
of the Senate.
The Secretary of the Senate is authorized and directed
to procure and furnish each fiscal year (commencing with the
fiscal year ending September 30, 1982) to the President of
the Senate, upon request by such person, United States
special-delivery postage stamps in such amount as may be
necessary for the mailing of postal matters arising in
connection with his official business. (Pub. L. 97-51,
Sec. 127(a)(1), 95 Stat. 965.)
234 Sec. 43d. Organizational expenses of Senator-elect.
(a) Appointment of employees by Secretary of Senate to
assist; termination of employment
Upon the recommendation of a Senator-elect (other than
an incumbent Senator or a Senator elected to fill a
vacancy), the Secretary of the Senate shall appoint two
employees to assist such Senator-elect. Any employee so
appointed shall serve through the day before the date on
which the Senator-elect recommending his appointment
commences his service as a Senator, except that his
employment may be terminated before such day upon
recommendation of such Senator-elect.
(b) Payment of salaries of appointed employees; funding;
maximum amount
(1) Salaries of employees appointed under subsection (a)
of this section shall be paid from the appropriation for
``Administrative, Clerical, and Legislative Assistance to
Senators.''
(2) Salaries paid to employees appointed upon
recommendation of a Senator-elect under subsection (a) of
this section shall be charged against the amount of
compensation which may be paid to employees in his office
under section 61-1(d) of this title (hereinafter referred to
as the ``clerk-hire allowance''), for the fiscal year in
which his service as a Senator commences. The total amount
of salaries paid to employees so appointed upon
recommendation of a Senator-elect shall be charged against
his clerk-hire allowance for each month in such fiscal year
beginning with the month in which his service as a Senator
commences (until the total amount has been charged) by
whichever of the following amounts is greater: (1) one-ninth
of the amount of salaries so paid, or (2) the amount by
which the aggregate amount of his clerk-hire allowance which
may be paid as of the close of such month under section 61-
1(d)(1)(B) of this title exceeds the aggregate amount of his
clerk-hire allowance actually paid as of the close of such
month.
(c) Payment of transportation and per diem expenses of
Senator-elect and appointed employees for one round trip
from home State to Washington, D.C. for business of
impending Congress; funding; maximum amount
Each Senator-elect and each employee appointed under
subsection (a) of this section is authorized one round trip
from the home State of the Senator-elect to Washington,
D.C., and return, for the purposes of attending conferences,
caucuses, or organizational meetings, or for any other
official business connected with the impending Congress. In
addition, each Senator-elect and each such employee is
authorized per diem for not more than seven days while en
route to and from Washington, D.C., and while in Washington,
D.C. Such transportation and per diem expenses shall be in
the same amounts as are payable to Senators and employees in
the office of a Senator under section 58(e) of this title,
and shall be paid from the contingent fund of the Senate
upon itemized vouchers certified by the Senator-elect
concerned and approved by the Secretary of the Senate.
(d) Payment of telegrams, telephone services, and stationery
expenses
(1) Each Senator-elect is authorized to be reimbursed
for expenses incurred for telegrams, telephone services, and
stationery related to his position as a Senator-elect in an
amount not exceeding one-twelfth of the total amount of
expenses authorized to be paid to or on behalf of a Senator
from the State which he will represent under section 58 of
this title. Reimbursement to a Senator-elect under this
subsection shall be paid from the contingent fund of the
Senate upon itemized vouchers certified by such Senator-
elect and approved by the Secretary of the Senate.
(2) Amounts reimbursed to a Senator-elect under this
subsection shall be charged against the amount of expenses
which are authorized to be paid to him or on his behalf
under section 58 of this title, for each of the twelve
months beginning with the month in which his service as a
Senator commences (until all of such amounts have been
charged) by whichever of the following amounts is greater:
(1) one-twelfth of the amounts so reimbursed, or (2) the
amount by which the aggregate amount authorized to be so
paid under section 58(c) of this title as of the close of
such month exceeds the aggregate amount actually paid under
such section 58 as of the close of such month.
(e) Effective date
This section shall take effect on October 1, 1978.
(Pub. L. 95-355, Title I, Sec. 105, Sept. 8, 1978, 92 Stat.
534; Pub. L. 104-197, Title I, Sec. 2, Sept. 16, 1996, 110
Stat. 2397.)
236 Sec. 46a. Stationery allowance for President of the Senate.
Effective April 1, 1975, and each fiscal year
thereafter, the annual allowance for stationery for the
President of the Senate shall be $4,500. (Jan. 6, 1964, Pub.
L. 88-258, 77 Stat. 864; May 29, 1967, Pub. L. 90-21, 81
Stat. 38; Dec. 12, 1969, Pub. L. 91-145, Sec. 101, 83 Stat.
342; July 9, 1971, Pub. L. 92-51, Sec. 101, 85 Stat. 128;
Dec. 15, 1971, Pub. L. 92-184, Sec. 401, 85 Stat. 635; Oct.
31, 1972, Pub. L. 92-607, Sec. 506(k)(3), 86 Stat. 1508;
June 12, 1975, Pub. L. 94-32, Title I, Sec. 101, 89 Stat.
182.)
237 Sec. 46a.-1. Senate Revolving fund for stationery
allowances; availability of unexpended balances;
withdrawals.
There is established within the contingent fund of the
Senate a revolving fund which shall consist of (1) the
unexpended balance of the appropriation ``Contingent
Expenses, Senate, Stationery, fiscal year 1957'', (2) any
amounts hereafter appropriated for stationery allowances of
the President of the Senate, and for stationery for use of
officers of the Senate and the Conference of the Majority
and the Conference of the Minority of the Senate, and (3)
any undeposited amounts heretofore received, and any amounts
hereafter received as proceeds of sales by the stationery
room of the Senate. Any moneys in the fund shall be
available until expended for use in the same manner and for
the same purposes as funds heretofore appropriated to the
contingent fund of the Senate for stationery, except that
(1) the balance of any amount appropriated for stationery
for use of committees and officers of the Senate which
remains unexpended at the end of any fiscal year and (2)
allowances which are not available for obligation due to
vacancies or waiver of entitlement thereto, shall be
withdrawn from the revolving fund. Disbursements from the
fund shall be made upon vouchers approved by the Secretary
of the Senate, or his designee. (June 21, 1957, Pub. L. 85-
58, Sec. 1101, 71 Stat. 188; Oct. 31, 1972, Pub. L. 92-607,
Sec. 506(1), 86 Stat. 1508; July 8, 1980, Pub. L. 96-304,
Sec. 112(b)(3), 94 Stat. 889, 892; Oct. 7, 1997, Pub. L.
105-55, Title I, Sec. 7, 111 Stat. 1181.)
240 Sec. 46d.-1. Long-distance telephone calls for Vice
President.
Commencing January 20, 1949, the provisions of existing
law relating to long-distance telephone calls for Senators
shall be equally applicable to the Vice President of the
United States. (May 24, 1949, ch. 138, Sec. 101, 63 Stat.
77.)
243 Sec. 47. Mode of payment.
The compensation of Members and Delegates shall be
passed as public accounts, and paid out of the Public
Treasury. (R.S. Sec. 46.)
244 Sec. 48. Certification of salary and mileage accounts.
Salary and mileage accounts of Senators shall be
certified by the President of the Senate, and those of
Representatives and Delegates by the Speaker of the House of
Representatives; and such certificates shall be conclusive
upon all the departments and officers of the Government.
(R.S. Sec. Sec. 47, 48.)
245 Sec. 55. United States Code Annotated and United States Code
Service; procurement for Senators.
In lieu of the volumes of the Code of Laws of the United
States, and the supplements thereto, supplied a Senator
under section 212 of title 1, the Secretary of the Senate is
authorized and directed to supply to a Senator upon written
request of, and as specified by, that Senator--
(1) one copy of each of the volumes of the
United States Code Annotated being published at
the time the Senator takes office, and, as long
as that Senator holds office, one copy of each
replacement volume, each annual pocket part, and
each pamphlet supplementing each such pocket
part to the United States Code Annotated; or
(2) one copy of each of the volumes of the
United States Code Service being published at
the time the Senator takes office, and, as long
as that Senator holds office, one copy of each
replacement volume and each pocket supplement to
the United States Code Service.
A Senator is entitled to make a written request under this
paragraph and be supplied such volumes, pocket parts, and
supplements the first time he takes office as a Senator and
each time thereafter he takes office as a Senator after a
period of time during which he has not been a Senator. In
submitting such written request, the Senator shall certify
that the volumes, pocket parts, or supplements he is to be
supplied are to be for his exclusive, personal use. A
Senator holding office on July 9, 1971, shall be entitled to
file a written request and receive the volumes, pocket
parts, and supplements, as the case may be, referred to in
this paragraph if such request is filed within 60 days after
July 9, 1971. Expenses incurred under this authorization
shall be paid from the contingent fund of the Senate. (July
9, 1971, Pub. L. 92-51, Sec. 101, 85 Stat. 129; Oct. 31,
1972, Pub. L. 92-607, Sec. 501, 86 Stat. 1504.)
246 Sec. 58. Mail, telegraph, telephone, stationery, office
supplies, and home state office and travel expenses for
Senators.
246.1 (a) Authorization for payment from Senate contingent fund
The contingent fund of the Senate is made available for
payment (including reimbursement) to or on behalf of each
Senator, upon certification of the Senator, for the
following expenses incurred by the Senator and his staff:
(1) telecommunications equipment and
services subject to such regulations as may be
promulgated by the Committee on Rules and
Administration of the Senate;
(2)(A) stationery and other office supplies
procured for use for official business, and
(B) metered charges for use of copying
equipment provided by the Sergeant at Arms and
Doorkeeper of the Senate;
(3)(A) Repealed. (Pub. L. 101-520, Title I,
Sec. 11, Nov. 5, 1990, 104 Stat. 2260.)
(B) postage on, and fees and charges in
connection with official mail matter sent
through the mail other than the franking
privilege upon certification by the Senate
Sergeant at Arms and subject to such regulations
as may be promulgated by the Committee on Rules
and Administration, and
(C) costs incurred in the preparation of
required official reports, and the acquisition
of mailing lists to be used for official
purposes, and in the mailing, delivery, or
transmitting of matters relating to official
business;
(4) official office expenses incurred (other
than for equipment and furniture and expenses
described in paragraphs (1) through (3)) for an
office in his home State;
(5) expenses incurred for publications
printed or recorded in any way for auditory and
visual use (including subscriptions to books,
newspapers, magazines, clipping, and other
information services);
(6) subject to the provisions of subsection
(e) of this section, reimbursement of travel
expenses incurred by the Senator and employees
in his office;
(7) expenses incurred for additional office
equipment and services related thereto (but not
including personal services), in accordance with
regulations promulgated by the Committee on
Rules and Administration of the Senate;
(8) charges officially incurred for
recording and photographic services and
products; and
(9) such other official expenses as the
Senator determines to be necessary.
Payment under this section shall be made only upon
presentation of itemized vouchers for expenses incurred and,
in the case of expenses paid or reimbursed under paragraphs
(6) and (9), only upon presentation of detailed itemized
vouchers for such expenses. Vouchers presented for payment
under this section shall be accompanied by such
documentation as is required under regulations promulgated
by the Committee on Rules and Administration of the Senate.
No payment shall be made under paragraph (4) or (9) for any
expense incurred for entertainment or meals.
246.2 (b) Limits for authorized expenses; recalculation formula
(1)(A) Except as is otherwise provided in the succeeding
paragraphs of this subsection and subject to subparagraph
(B) of this paragraph, the total amount of expenses
authorized to be paid to or on behalf of a Senator under
this section shall not exceed for calendar year 1977 or any
calendar year thereafter an amount equal to one-half of the
sum of the amounts authorized to be paid under this section
on the day before August 5, 1977, to or on behalf of both of
the Senators from the State which he represents, increased
by an amount equal to twenty percent thereof and rounded to
the next higher multiple of $1,000.
(B) In the event that the term of office of a Senator
begins after the first month of any such calendar year or
ends (except by reason of death, resignation, or expulsion)
before the last month of any such calendar year, the
aggregate amount available to such Senator for such year
shall be the aggregate amount computed under paragraph (1)
of this subsection, divided by 12, and multiplied by the
number of months in such year which are included in the
Senator's term of office, counting any fraction of a month
as a full month.
(2)(A) In the case of the period which commences January
1, 1988, and ends September 30, 1988, the total of--
(i) the expenses paid to or on behalf of a
Senator under this section for such period, plus
(ii) the aggregate amount of gross
compensation which is paid to employees in the
office of such Senator for such period (as
determined for purposes of section 61-1(d) of
this title),
shall not exceed the aggregate of--
(iii) subject to subparagraph (B), an amount
equal to 75 percent of the amount of the
authorized expenses under this section for the
calendar year ending December 31, 1987, as
determined in the case of a Senator, who
represents the State which such Senator
represents, whose term of office included all of
such calendar year, plus
(iv) the amount by which (I) the aggregate
of the gross compensation which may be paid to
employees in the office of such Senator for the
fiscal year ending September 30, 1988, pursuant
to the limitations imposed by section 61-1(d) of
this title (as determined without regard to
paragraph (1)(B) thereof), exceeds (II) the
aggregate amount of gross compensation which is
paid to employees in the office of such Senator
for that part of such fiscal year which precedes
January 1, 1988.
(B) In the event that the term of office of a Senator
begins after the first month of the period which commences
January 1, 1988, and ends September 30, 1988, or ends
(except by reason of death, resignation, or exclusion)
before the last month of such period, the amount computed
pursuant to subparagraph (A)(iii) of this paragraph (but
before application of this subparagraph) shall be
recalculated as follows: such amount, as computed under
subparagraph (A)(iii) of this paragraph, shall be divided by
9, and multiplied by the number of months in such period
which are included in the Senator's term of office, counting
any fraction of a month as a full month.
(3)(A) In the case of the fiscal year beginning October
1, 1988, or any fiscal year thereafter, the total of--
(i) the expenses paid to or on behalf of a
Senator under this section for such fiscal year,
plus
(ii) the aggregate amount of gross
compensation which is paid to employees in the
office of such Senator for such fiscal year (as
determined for purposes of section 61-1(d) of
this title),
shall not exceed the aggregate of--
(iii) subject to subparagraph (B)--
(I) in case the Senator represents
Alabama, $116,300, Alaska, $221,600,
Arizona, $128,975, Arkansas, $118,250,
California, $168,950, Colorado, $124,100,
Connecticut, $105,575, Delaware, $95,825,
Florida, $120,200, Georgia, $116,300,
Hawaii, $245,000, Idaho, $128,000, Illinois,
$138,725, Indiana, $116,300, Iowa, $119,225,
Kansas, $119,225, Kentucky, $115,325,
Louisiana, $120,200, Maine, $110,450,
Maryland, $100,700, Massachusetts, $114,350,
Michigan $124,100, Minnesota, $120,200,
Mississippi, $118,250, Missouri, $121,175,
Montana, $128,000, Nebraska, $120,200,
Nevada, $129,950, New Hampshire, $106,550,
New Jersey, $110,450, New Mexico, $125,075,
New York, $145,550, North Carolina,
$112,400, North Dakota, $119,225, Ohio,
$129,950, Oklahoma, $123,125, Oregon,
$132,875, Pennsylvania, $128,975, Rhode
Island, $104,600, South Carolina, $110,450,
South Dakota, $120,200, Tennessee, $116,300,
Texas, $149,450, Utah, $128,000, Vermont,
$105,575, Virginia, $106,550, Washington,
$135,800, West Virginia, $105,575,
Wisconsin, $119,225, Wyoming, $123,125, plus
(II) the amount that is equal to the
Senator's share for the fiscal year, as
determined in accordance with regulations of
the Committee on Rules and Administration,
of the amount made available within the
Senators' Official Personnel and Office
Expense Account in the contingent fund of
the Senate for official mail expenses of
Senators, plus
(iv) the aggregate of the gross compensation
which may be paid to employees in the office of
such Senator for such fiscal year, under the
limitations imposed by section 61-1(d) of this
title, but without regard to the provisions of
paragraph (1)(C)(iv) thereof.
(B) In the event that the term of office of a Senator
begins after the first month of any such fiscal year or ends
(except by reason of death, resignation, or expulsion)
before the last month of any such fiscal year, that part of
the amount referred to in subparagraph (A)(iii)(I) shall be
recalculated as follows: such amount, as computed under
subparagraph (iii), shall be divided by 12, and multiplied
by the number of months in such year which are included in
the Senator's term of office, counting any fraction of a
month as a full month; and the amount referred to in
subparagraph (A)(iii)(II) shall be recalculated in
accordance with regulations of the Committee on Rules and
Administration.
(c) Repealed. (Pub. L. 97-51, Sec. 122, Oct. 1, 1981, 95
Stat. 965.)
(d) Repealed. (Pub. L. 93-371, Sec. 101(3)(e), Aug. 13,
1974, 88 Stat. 429
246.3 (e) Transportation, essential travel-related expenses, and
per diem expenses; coverage; limitations; amounts \1\
\1\ S. Res. 540, 96-2, agreed to Dec. 8, 1980, provided:
``That, until otherwise provided by law, reimbursement
with respect to travel expenses incurred by a Senator or
employee described in section 506(e) of the Supplemental
Appropriations Act, 1973 (2 U.S.C. 58(e)); shall be made
as if the phrase `only for actual transportation
expenses' read `for travel expenses essential to the
transaction of official business while away from his
official station or post of duty.' ''
Subject to and in accordance with regulations
promulgated by the Committee on Rules and Administration of
the Senate, a Senator and the employees in his office shall
be reimbursed under this section for travel expenses
incurred by the Senator or employee while traveling on
official business within the United States. The term
``travel expenses'' includes actual transportation expenses,
essential travel-related expenses, and, where applicable,
per diem expenses (but not in excess of actual expenses.) A
Senator or an employee of the Senator shall not be
reimbursed for any travel expenses (other than actual
transportation expenses) for any travel occurring during the
sixty days immediately before the date of any primary or
general election (whether regular, special, or runoff) in
which the Senator is a candidate for public office (within
the meaning of section 431(b) of this title), unless his
candidacy in such election is uncontested. For purposes of
this subsection and subsection (a)(6) of this section, an
employee in the Office of the President pro tempore, Deputy
President pro tempore, Majority Leader, Minority Leader,
Majority Whip, Minority Whip, Secretary of the Conference of
the Majority, or Secretary of the Conference of the Minority
shall be considered to be an employee in the office of the
Senator holding such office.
(f) Omitted.
246.4 (g) Closing of deceased Senator's State offices
In the case of the death of any Senator, the chairman of
the Committee on Rules and Administration may certify for
such deceased Senator for any portion of such sum already
obligated but not certified to at the time of such Senator's
death, and for any additional amount which may be reasonably
needed for the purpose of closing such deceased Senator's
State offices, for payment to the person or persons
designated as entitled to such payment by such chairman.
246.5 (h) Individuals serving on panels or other bodies
recommending nominees for Federal judgeships, service
academies, United States Attorneys, or United States
Marshalls
For purposes of subsections (a) and (e) of this section,
an individual who is selected by a Senator to serve on a
panel or other body to make recommendations for nominees to
one or more Federal judgeships or to one or more service
academies or one or more positions of United States Attorney
or United States Marshall shall be considered to be an
employee in the office of that Senator with respect to
travel and official expenses incurred in performing duties
as a member of such panel or other body, and shall be
reimbursed (A) for actual transportation expenses and per
diem expenses (but not exceeding actual travel expenses)
incurred while traveling in performing such duties within
the Senator's home State or between that State and
Washington, District of Columbia, and each of the service
academies, (B) for official expenses incurred in performing
such duties. For purposes of this subsection and subsection
(a) of this section, ``official expenses'' means expenses of
the type for which reimbursement may be made to an employee
in the office of a Senator when traveling on business of a
committee of which that Senator is a member, and, for
accounting purposes, such expenses shall be treated as
expenses for which reimbursement may be made under
subsection (a)(4) of this section.
246.6 (i) Authorization of Secretary of Senate to pay reimbursable
expenses
Whenever a Senator or an employee in his office has
incurred an expense for which reimbursement may be made
under this section, the Secretary of the Senate is
authorized to make payment to that Senator or employee for
the expense incurred, subject to the same terms and
conditions as apply to reimbursement of the expense under
this section.
246.7 (j) Advances from contingent fund of the Senate for travel
expenses for official business trips; vouchers;
settlement
Whenever a Senator or employee of his office plans an
official business trip with respect to which reimbursement
for travel expenses is authorized under the preceding
provisions of section (a), the Senator (or such an employee
who has been designated by the Senator to do so) may, prior
to the commencement of such trip and in accordance with
applicable regulations of the Senate Committee on Rules and
Administration, obtain from any moneys in the contingent
fund of the Senate which are available to him for purposes
specified in subsection (a)(6) of this section, such advance
sum as he shall certify (and be accountable for), to the
Secretary of the Senate, to be necessary to defray some or
all of the expenses to be incurred on such trip which
expenses are reimbursable under the preceding provisions of
this section. The receipt by any Senator for any sum so
advanced to him or his order out of the contingent fund of
the Senate by the Secretary of the Senate shall be taken and
passed by the accounting officers of the Government as a
full and sufficient voucher; but it shall be the duty of
such Senator (or employee of his office, as the case may
be), as soon as practicable, to furnish to the Secretary of
the Senate a detailed voucher of the expenses incurred for
the travel with respect to which the sum was so advanced,
and make settlement with respect to such sum. (Oct. 31,
1972, Pub. L. 92-607, Sec. 506(a)-(j), 86 Stat. 1505;
amended Aug. 13, 1974, Pub. L. 93-371, Sec. (3)(e), 88 Stat.
429; July 25, 1975, Pub. L. 94-59, Sec. 103, 89 Stat. 274;
Aug. 5, 1977, Pub. L. 95-94, Title I, Sec. 112, 91 Stat.
663; Mar. 7, 1978, Pub. L. 95-240, Title II, Sec. 208, 92
Stat. 117; Sept. 30, 1978, Pub. L. 95-391, Title I,
Sec. 108(a), 92 Stat. 773; July 8, 1980, Pub. L. 96-304,
Title I, Sec. Sec. 101, 102(a), 103, 104, 94 Stat. 889; July
6, 1981, Pub. L. 97-19, 95 Stat. 103; July 14, 1983, Pub. L.
98-51, Sec. 102, 97 Stat. 266; July 12, 1985, Pub. L. 99-65,
Sec. 1(a), 99 Stat. 163; October 21, 1987, Pub. L. 100-137,
101 Stat. 815, 816, 817, 818, and 829; October 1, 1988, Pub.
L. 100-458, Sec. 8, 13, 14, 102 Stat. 2162; Pub. L. 101-163,
Title I, Sec. 5(a), Nov. 21, 1989, 103 Stat. 1045; Pub. L.
101-520, Title I, Sec. Sec. 4(c), 8, 9(a), 11, Title III,
Sec. 311(h)(2), Nov. 5, 1990, 104 Stat. 2258, 2259, 2260,
2280; Pub. L. 102-90, Sec. 7(a), Aug. 14, 1991, 105 Stat.
451; Pub. L. 105-55, Title I, Sec. 3(a), Oct. 7, 1997, 111
Stat. 1180; Pub. L. 105-275, Title I, Sec. 1, Oct. 21, 1998,
112 Stat. 2432; Pub. L. 106-57, Title I, Sec. 1(a), (b),
Sept. 29, 1999, 113 Stat. 410, 411.)
246.8 Sec. 58a. Telecommunications services for Senators; payment
of costs out of contingent fund.
The Sergeant at Arms and Doorkeeper of the Senate shall
furnish each Senator local and long-distance
telecommunications services in Washington, District of
Columbia, and in such Senator's State in accordance with
regulations prescribed by the Senate Committee on Rules and
Administration; and the costs of such service shall be paid
out of the contingent fund of the Senate from moneys made
available to him for that purpose. (Nov. 30, 1983, Pub. L.
98-181, Sec. 1205(a), as amended, 97 Stat. 1290; July 12,
1985, Pub. L. 99-65, Sec. 1(b), 99 Stat. 163; Oct. 2, 1986,
Pub. L. 99-439, 100 Stat. 1085.)
Sec. 58a.-1. Payment for telecommunications equipment and
services; definitions.
As used in sections 58a-1 to 58a-3 of this title, the
term--
(1) ``Sergeant at Arms'' means the Sergeant
at Arms and Doorkeeper of the United States
Senate; and
(2) ``user'' means any Senator, Officer of
the Senate, Committee, office, or entity
provided telephone equipment and services by the
Sergeant at Arms. (Pub. L. 100-123, Sec. 1, Oct.
5, 1987, 101 Stat. 794.)
Sec. 58a-2. Certification of telecommunications equipment
and services as official.
(a) Subject to such regulations as may hereafter be
issued by the Committee on Rules and Administration of the
Senate, the Sergeant at Arms shall have the authority, with
respect to telephone equipment and services provided to any
user on a reimbursable basis (including repair or
replacement), solely for the purposes of this section, to
make such certification as may be necessary to establish
such services and equipment as official, issue invoices in
conjunction therewith, and receive payment for such services
and equipment by certification, voucher, or otherwise.
(b) For purposes of sections 58-1 to 58a-3 of this
title, telephone equipment and services provided to any user
for which payment, prior to October 1, 1987, was not
authorized from the contingent fund of the Senate shall, on
and after October 1, 1987, be considered telephone equipment
and services provided on a reimbursable basis for which
payment may be obtained from such fund in accordance with
subsection (a) of this section.
(c) Subject to the approval of the Committee on Rules
and Administration, the Sergeant at Arms may establish
reasonable charges for telephone equipment and services
provided to any user which may be in addition to that
regularly authorized by the Committee.
(d) All moneys, derived from payments for telephone
equipment and services provided from funds from the
Appropriation Account within the contingent fund of the
Senate for ``Contingent Expenses, Sergeant at Arms and
Doorkeeper of the Senate'' under the line item for
Telecommunications (including receipts from carriers and
others for loss or damage to such services or equipment for
which repair or replacement has been provided by the
Sergeant at Arms), and all other moneys received by the
Sergeant at Arms as charges or commissions for telephone
services, shall be deposited in and made a part of such
Appropriation Account and under such line item, and shall be
available for expenditure or obligation, or both, in like
manner and subject to the same limitations as any other
moneys in such account and under such line item.
(e) Nothing in sections 58a-1 to 58a-3 of this title
shall be construed as limiting or otherwise affecting the
authority of the Committee on Rules and Administration of
the Senate to classify or reclassify telephone equipment and
services provided to any user as equipment or services for
which reimbursement may or may not be required. (Pub. L.
100-123, Sec. 2, Oct. 5, 1987, 101 Stat. 794, amended Pub.
L. 101-163, Title I, Sec. 3, Nov. 21, 1989, 103 Stat. 1044.)
Sec. 58a-3. Report on telecommunications to Committee on
Rules and Administration.
The Sergeant at Arms shall report to the Committee on
Rules and Administration of the Senate, at such time or
times, and in such form and manner, as the Committee may
direct, on expenditures made, and revenues received,
pursuant to sections 58a-1 to 58a-3 of this title. It shall
be the function of the Sergeant at Arms to advise the
Committee, as soon as possible, of any dispute regarding
payments to and from such Appropriation Account as related
to the line item for Telecommunications, including any
amounts due and unpaid by any user, if any such dispute has
remained unresolved for a period of at least 60 days. (Oct.
5, 1987, Pub. L. 100-123, Sec. 3, 101 Stat. 795.)
246.9 Sec. 58a-4. Metered charges on copiers; ``Sergeant at Arms''
and ``user'' defined; certification of services and
equipment as official; deposit of payments; availability
for expenditure.
(a) As used in this section, the term--
(1) ``Sergeant at Arms'' means the Sergeant
at Arms and Doorkeeper of the United States
Senate; and
(2) ``user'' means any Senator, Officer of
the Senate, Committee, office, or entity
provided copiers by the Sergeant at Arms.
(b)(1) Subject to such regulations as may on and after
November 5, 1990, be issued by the Committee on Rules and
Administration of the Senate, the Sergeant at Arms shall
have the authority, with respect to metered charges on
copying equipment provided by the Sergeant at Arms, solely
for the purposes of this section, to make such certification
as may be necessary to establish such services and equipment
as official, issue invoices in conjunction therewith, and
receive payment for such services and equipment by
certification, voucher, or otherwise.
(2) All moneys, derived from the payment of metered
charges on copying equipment provided from funds from the
Appropriation Account within the contingent fund of the
Senate for ``Contingent Expenses, Sergeant at Arms and
Doorkeeper of the Senate'' under the line item for the
Service Department, shall be deposited in and made a part of
such Appropriation Account and under such line item, and
shall be available for expenditure or obligation, or both,
in like manner and subject to the same limitations as any
other moneys in such account and under such line item. (Pub.
L. 101-520, Title I, Sec. 4(a), (b), Nov. 5, 1990, 104 Stat.
2257.)
Sec. 58b. Repealed. (October 21, 1987, Pub. L. 100-137,
Sec. 2, 101 Stat. 819.)
246.10 Sec. 58c. Senators' Official Personnel and Office Expense
Account.
(1) Effective January 1, 1988, there shall be, within
the contingent fund of the Senate, a separate appropriation
account to be known as the ``Senators' Official Personnel
and Office Expense Account'' (hereinafter in this section
referred to as the ``Senators' Account'').
(2) The Senators' Account shall be used for the funding
of all items, activities, and expenses which, immediately
prior to January 1, 1988, were funded under either (A) the
Senate appropriation account for ``Administrative, Clerical,
and Legislative Assistance Allowance to Senators''
(hereinafter in this section referred to as the ``Senators'
Clerk Hire Allowance Account'') under the headings
``SENATE'' and ``Salaries, Officers and Employees'', or (B)
that part of the account, within the contingent fund of the
Senate, for ``Miscellaneous Items'' (hereinafter in this
section referred to as the ``Senators' Official Expense
Account'') which is available for allocation to Senatorial
Official Office Expense Accounts. In addition, the Senators'
Account shall be used for the funding of agency
contributions payable with respect to compensation payable
by such account, but moneys appropriated to such account for
this purpose shall not be available for any other purpose.
The account, which in clause (A) of the first sentence of
this paragraph is identified as the ``Senators' Clerk Hire
Allowance Account'' and the account, which in clause (B) of
such sentence is identified as the ``Senators' Official
Expense Account'' shall, when referred to in other law,
rule, regulation, or order (whether referred to by such name
or any other) shall on or after January 1, 1988, be deemed
to refer to the ``Senators' Official Personnel and Office
Expense Account.''
(3)(A) Effective on January 1, 1988, there shall be
transferred to the Senators' Account from the Senators'
Clerk Hire Allowance Account all funds therein which were
available for expenditure or obligation during the fiscal
year ending September 30, 1988, and from the Senators'
Official Office Expense Account so much of the funds therein
as was available for expenditure or obligation for the
period commencing January 1, 1988, and ending September 30,
1988; except that the Senators' Official Office Expense
Account shall remain in being solely for the purpose of
being available to pay for any authorized item, activity, or
expense, for which funds therein had been obligated, but not
paid, prior to such transfer.
(B) Any of the funds transferred to the Senators'
Account from the Senators' Clerk Hire Allowance Account
pursuant to subparagraph (A) which, prior to such transfer,
had been obligated, but not expended, for any authorized
item, activity, or expense, shall be available to pay for
such item, activity, or expense in like manner as if such
transfer had not been made.
(4) On January 1, 1988, there shall be transferred to
the Senators' Account, from the appropriation account for
``Agency Contributions'', under the headings ``SENATE'' and
``Salaries, Officers and Employees'', so much of the moneys
in such account as was appropriated for the purpose of
making agency contributions for administrative, clerical,
and legislative assistance to Senators with respect to
compensation payable for the period commencing January 1,
1988, and ending September 30, 1988; and the moneys so
transferred shall be available only for the payment of such
agency contributions with respect to such compensation.
(5) Vouchers shall not be required for the disbursement,
from the Senators' Account, of salaries of employees in the
office of a Senator.
(6) Effective on and after October 1, 1997 the Senator's
account shall be available for the payment of franked mail
expenses of Senators.
(Oct. 21, 1987, Pub. L. 100-137, Sec. 1(a), 101 Stat. 814,
815; Pub. L. 105-55 Title I, Sec. 3(b), Oct. 7, 1997, 111
Stat. 1180.)
246.11 Sec. 58c-1. Repealed. (Public Law 105-55, Title I,
Sec. 3(c)(1), Oct. 7, 1997, 111 Stat. 1180)
247 Sec. 59. Home State office space for Senators; lease of
office space.
247.1 (a) Procurement by Sergeant at Arms of Senate in places
designated by Senator; places subject to use; lease of
office space
(1) The Sergeant at Arms of the Senate shall secure for
each Senator office space suitable for the Senator's
official use in places designated by the Senator in the
State he represents. That space shall be secured in post
offices or other Federal buildings at such places. In the
event suitable office space is not available in post offices
or other Federal buildings, the Sergeant at Arms shall
secure other office space in those places.
(2) The Senator may lease, on behalf of the United
States Senate, the office space so secured for a term not
extending beyond the term of office which he is serving on
the first day of such lease, except that, in the case of a
Senator whose term of office is expiring and who has been
elected for another term, such lease may extend until the
end of the term for which he has been so elected. Each such
lease shall contain a provision permitting its cancellation
upon sixty days written notice by the Sergeant at Arms and
Doorkeeper of the Senate, in the event of the death or
resignation of the Senator. A copy of each such lease shall
be furnished to the Sergeant at Arms. Nothing in this
paragraph shall be construed to require the Sergeant at Arms
to enter into or execute any lease for or on behalf of a
Senator.
247.2 (b) Maximum amount of aggregate square feet for each Senator
The aggregate square feet of office space secured for
Senator shall not at any time exceed--
(1) 5,000 square feet if the population of
the State of the Senator is less than 3,000,000;
(2) 5,200 square feet if such population is
3,000,000 but less than 4,000,000;
(3) 5,400 square feet if such population is
4,000,000 but less than 5,000,000;
(4) 5,800 square feet if such population is
5,000,000 but less than 7,000,000;
(5) 6,200 square feet if such population is
7,000,000 but less than 9,000,000;
(6) 6,400 square feet if such population is
9,000,000 but less than 10,000,000;
(7) 6,600 square feet if such population is
10,000,000 but less than 11,000,000;
(8) 6,800 square feet if such population is
11,000,000 but less than 12,000,000;
(9) 7,000 square feet if such population is
12,000,000 but less than 13,000,000;
(10) 7,400 square feet if such population is
13,000,000 but less than 15,000,000;
(11) 7,800 square feet if such population is
15,000,000 but less than 17,000,000; or
(12) 8,200 square feet if such population is
17,000,000 or more.
247.3 (c) Maximum annual rental rate; maximum aggregate amount for
acquisition of furniture, equipment, and other office
furnishings
(1) The maximum annual rate that may be paid for the
rental of an office secured for a Senator not in a post
office or other Federal building shall not exceed the
highest rate per square foot charged Federal agencies on the
first day of the lease of such office by the Administrator
of General Services, based upon a 100 percent building
quality rating, for office space located in the place in
which the Senator's office is located, multiplied by the
number of square feet contained in that office used by the
Senator and his employees to perform their duties.
(2) The aggregate amount that may be paid for the
acquisition of furniture, equipment, and other office
furnishings heretofore provided by the Administrator of
General Services for one or more offices secured for the
Senator is $40,000 if the aggregate square feet of office
space is not in excess of 5,000 square feet. Such amount is
increased by $1,000 for each authorized additional
incremental increase in office space of 200 square feet.
Effective beginning with the 106th Congress, the aggregate
amount in effect under this paragraph for any Congress shall
be increased by the inflation adjustment factor for the
calendar year in which the Congress begins. For purposes of
the preceding sentence, the inflation adjustment factor for
any calendar year is a fraction the numerator of which is
the implicit price deflator for the gross domestic product
as computed and published by the Department of Commerce for
the preceding calendar year and the denominator of which is
such deflator for the calendar year 1998.
247.4 (d) Senators subject to maximum amount of aggregate square
feet and maximum annual rental rate
(1) Notwithstanding subsection (b) of this section, the
aggregate square feet of office space secured for a Senator
who is a Senator on July 1, 1974, shall not at any time
exceed, as long as he continuously serves as a Senator, the
greater of--
(A) the applicable square footage limitation
of such subsection; or
(B) the total square footage of those
offices that the Senator has on such date and
which are continuously maintained in the same
buildings in which such offices were located on
such date.
(2) The provisions of subsection (c) of this section do
not apply to any office that a Senator has on July 1, 1974,
not in a post office or other Federal building, as long as--
(A) that Senator continuously serves as a
Senator; and
(B) that office is maintained in the same
building in which it was located on such date
and contains not more than the same number of
square feet it contained on such date.
247.5 (e) Omitted.
247.6 (f) Mobile office
(1) Subject to the provisions of paragraphs (2), (3),
(4), and (5), a Senator may lease one mobile office for use
only in the State he represents and the contingent fund of
the Senate is available for the rental payments (including
by way of reimbursement) made under such lease together with
the actual nonpersonnel cost of operating such mobile
office. The term of any such lease shall not exceed 3 years.
A copy of each such lease shall be furnished to the Sergeant
at Arms of the Senate.
(2) The maximum aggregate annual rental payments and
operating costs (except furniture, equipment, and
furnishings) that may be paid to a Senator under paragraph
(1) shall not at any time exceed an amount determined by
multiplying (A) the highest applicable rate per square foot
charged Federal agencies by the Administrator of General
Services in the State which that Senator represents, based
upon a 100 percent building quality rating, by (B) the
maximum aggregate square feet of office space to which that
Senator is entitled under subsection (b) of this section
reduced by the number of square feet contained in offices
secured for that Senator under subsection (a) of this
section and used by that Senator and his employees to
perform their duties.
(3) No payment shall be made under paragraph (1) for
rental payments and operating costs of a mobile office of a
Senator unless the following provisions are included in its
lease:
(A) Liability insurance in the amount of
$1,000,000 shall be provided with respect to the
operation and use of such mobile office.
(B) Either of the following inscriptions
shall be clearly visible on three sides of such
mobile office in letters not less than three
inches high:
``UNITED STATED
GOVERNMENT VEHICLE
``FOR OFFICIAL USE
ONLY'';
Or
``MOBILE OFFICE OF
SENATOR--------
``FOR OFFICIAL USE ONLY'
(4) No payment shall be made under paragraph
(1) for rental payments and operating costs of a
mobile office of a Senator which are
attributable to or incurred during the 60-day
period ending with the date of any primary or
general election (whether regular, special, or
runoff) in which that Senator is a candidate for
public office, unless his candidacy in such
election is uncontested.
(5) Payment under paragraph (1) shall be
made on a monthly basis and shall be paid upon
vouchers approved by the Sergeant at Arms of the
Senate.
247.7 (g) Effective date
This section is effective on and after July 1, 1974.
(Pub. L. 93-371, Sec. 3, Aug. 13, 1974, 88 Stat. 428; Pub.
L. 94-32, Title I, Sec. 4, June 12, 1975, 89 Stat. 183; Pub.
L. 94-59, Title I, Sec. Sec. 106(a), 107, July 25, 1975, 89
Stat. 276; Pub. L. 95-26, Title I, Sec. 105, May 4, 1977, 91
Stat. 83; Pub. L. 95-94, Title I, Sec. 112(d), Aug. 5, 1977,
91 Stat. 664; Pub. L. 96-304, Title I, Sec. 109, July 8,
1980, 94 Stat. 890; Pub. L. 99-88, Title I, Sec. 194, Aug.
15, 1985, 99 Stat. 349; Pub. L. 102-27, Title II, Apr. 10,
1991, 105 Stat. 144; Pub. L. 102-90, Title I, Sec. 7(b),
Aug. 14, 1991, 105 Stat. 451; Pub. L. 104-197, Title I,
Sec. 3, Sept. 16, 1996, 110 Stat. 2397; Pub. L. 106-57,
Title I, Sec. 3, Sept. 29, 1999, 113 Stat. 411.)
247.8 Sec. 59-1. Additional home State office space for Senators;
declaration of disaster or emergency.
(a) Notwithstanding any other provision of law or
regulation, with the approval of the Committee on Rules and
Administration of the Senate, the Sergeant at Arms and
Doorkeeper of the Senate is authorized to provide additional
facilities, services, equipment, and office space for use by
a Senator in that Senator's State in connection with a
disaster or emergency declared by the President under the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act [42 U.S.C.A. Sec. 5121 et seq.]. Expenses incurred by
the Sergeant at Arms and Doorkeeper of the Senate under this
section shall be paid from the appropriation account, within
the contingent fund of the Senate, for expenses of the
Office of the Sergeant at Arms and Doorkeeper of the Senate,
upon vouchers signed by the Sergeant at Arms and Doorkeeper
of the Senate with the approval of the Committee on Rules
and Administration of the Senate.
(b) This section is effective on and after June 12,
1997.
(Pub. L. 105-18, Title II, Sec. 7002, June 12, 1997, 111
Stat. 192.)
248 Sec. 59b. Purchase of office equipment or furnishings by
Senators.
248.1 (a) Authorization; conditions
Notwithstanding any other provision of law, a United
States Senator may purchase, upon leaving office or
otherwise ceasing to be a Senator (except by expulsion), any
item or items of office equipment or office furnishings
provided by the General Services Administration and then
currently located and in use in an office of such Senator in
the State then represented by such Senator.
248.2 (b) Request by Senator and arrangement for purchase by
Sergeant at Arms of Senate; regulations governing
purchase; price
At the request of any United States Senator, the
Sergeant at Arms of the Senate shall arrange for and make
the purchase of equipment and furnishings under subsection
(a) of this section on behalf of such Senator. Each such
purchase shall be--
(1) in accordance with regulations which
shall be prescribed by the Committee on Rules
and Administration of the Senate, after
consultation with the General Services
Administration; and
(2) at a price equal to the acquisition cost
to the Federal Government of the equipment or
furnishings so purchased, less allowance for
depreciation determined under such regulations,
but in no instance less than the fair market
value of such items.
248.3 (c) Remittance of amounts received to General Services
Administration; disposition
Amounts received by the Federal Government from the sale
of items of office equipment or office furnishings under
this section shall be remitted to the General Services
Administration and credited to the appropriate account or
accounts. (Oct. 20, 1974, Pub. L. 93-462, Sec. 2, 88 Stat.
1388.)
248.6 Sec. 59e. Official mail of persons entitled to use the
congressional frank.
(a) Congressional committee regulations for expenditure of
appropriations for official mail
Except as otherwise provided in this section, funds
appropriated by this Act or any other Act for expenses of
official mail of any person entitled to use the
congressional frank may be expended only in accordance with
regulations prescribed by the Committee on Rules and
Administration of the Senate or the Committee on House
Oversight of the House of Representatives, as applicable.
Such regulations shall require--
(1) individual accountability for use of
official mail by each person entitled to use the
congressional frank;
(2)(A) with respect to the House of
Representatives, allocation of funds for
official mail to be made to each such person
with respect to each session of Congress (with
no transfer to any other session or to any other
such person); and
(B) with respect to the Senate, allocation
of funds for official mail to be made to each
such person with respect to each session of
Congress (with no transfer to any other session,
other than transfers from the first session of a
Congress to the second session of that Congress,
or to any other such person); and
(3) with respect to the House of
Representatives, that in addition to any other
report or information made available to the
public (through the House Commission on
Congressional Mailing Standards or otherwise)
regarding the use of the frank, the Chief
Administrative Officer of the House of
Representatives shall include in the quarterly
report of receipts and expenditures submitted to
the House of Representatives a statement (based
solely on data provided for that purpose by the
Committee on House Oversight of the House of
Representatives and the House Commission on
Congressional Mailing Standards) of costs
incurred for official mail by each person
entitled to use the congressional frank.
(b) Postmaster General functions
The Postmaster General, in consultation with the
Committee on Rules and Administration of the Senate and the
Committee on House Oversight of the House of
Representatives--
(1) shall monitor use of official mail by
each person entitled to use the congressional
frank;
(2) at least monthly, shall notify any
person with an allocation under subsection
(a)(2)(A) of this section as to the amount that
has been used and any person with an allocation
under subsection (a)(2)(B) of this section as to
the percentage of the allocation that has been
used; and
(3) may not carry or deliver official mail
the cost of which is in excess of an allocation
under subsection (a)(2) of this section.
(c) Source of funds for expenses of official mail
Expenses of official mail of the Senate and the House of
Representatives may be paid only from funds specifically
appropriated for that purpose and funds so appropriated--
(1) may be supplemented by other
appropriated funds only if such supplementation
is provided for by law or by regulation under
subsection (a) of this section; and
(2) may not be supplemented by funds from
any other source, public or private.
(d) Maintenance or use of unofficial office accounts or
defrayal of official expenses from certain funds
prohibited
No Senator or Member of the House of Representatives may
maintain or use, directly or indirectly, an unofficial
office account or defray official expenses from--
(1) funds received from a political
committee or derived from a contribution or
expenditure (as such terms are defined in
section 431 of this title);
(2) funds received as reimbursement for
expenses incurred by the Senator or Member in
connection with personal services provided by
the Senator or Member to the person making the
reimbursement; or
(3) any other funds that are not
specifically appropriated for official expenses.
(e) Official Mail Allowance in House of Representatives
(1) The use of funds of the House of Representatives
which are made available for official mail of Members,
officers, and employees of the House of Representatives who
are persons entitled to use the congressional frank shall be
governed by regulations promulgated--
(A) by the Committee on House Oversight of
the House of Representatives, with respect to
allocation and expenditures relating to official
mail (except as provided in subparagraph (B));
and
(B) by the House Commission on Congressional
Mailing Standards, with respect to matters under
section 3210(a)(6)(D) of title 39.
(2) Funds used for official mail--
(A) with respect to a Member of the House of
Representatives, shall be available, in a
session of Congress, in a total amount, as
determined under paragraph (1)(A), of not more
than the product of (i) 3 times the single-piece
rate applicable to first class mail, and (ii)
the number (as determined by the Postmaster
General) of addresses (other than business
possible delivery stops) in the congressional
district, as such addresses are described in
section 3210(d)(7)(B) of title 39;
(B) with respect to any other person
entitled to use the congressional frank in the
House of Representatives (including any Member
of the House of Representatives who receives an
allocation under subsection (a)(2) of this
seciton with respect to duties as an elected
officer of, or holder of another position in,
the House of Representatives), shall be
available, in a session of Congress, in a total
amount determined under paragraph (1)(A); and
(f) Mass mailing, submission of samples or description of
proposed mail matter, advisory opinion
A Member of the House of Representatives shall, before
making any mass mailing, submit a sample or description of
the mail matter involved to the House Commission on
Congressional Mailing Standards for an advisory opinion as
to whether such proposed mailing is in compliance with
applicable provisions of law, rule, or regulation.
(g) ``Member of the House of Representatives'' and ``person
entitled to use the congressional frank'' defined
As used in subsections (a) through (f) of this section--
(1) the term ``Member of the House of
Representatives'' means a Representative in, or
a Delegate or Resident Commissioner to, the
Congress; and
(2) the term ``person entitled to use the
congressional frank'' means a Senator, Member of
the House of Representatives, or other person
authorized to use the frank under section
3210(b) of title 39.
(h) Omitted.
(i) Effective date
This section and the amendments made by this section
shall apply with respect to sessions of Congress beginning
with the first session of the One Hundred Second Congress,
except that, with respect to the Senate, subsection (d) of
this section shall apply beginning on May 1, 1992, and the
funds referred to in paragraph (3) of such subsection shall
not include personal funds of a Senator or member of the
House of Representatives.
(Pub. L. 101-520, Title III, Sec. 311, Nov. 5, 1990, 104
Stat. 2278; Pub. L. 102-229, Title II, Sec. 211, Dec. 12,
1991, 105 Stat. 1718; Pub. L. 104-186, Title II,
Sec. 203(22), Aug. 20, 1996, 110 Stat. 1728; Pub. L. 105-
275, Title I, Sec. 104, Oct. 21, 1998, 112 Stat. 2439; Pub.
L. 106-19, Sec. 1(a), Apr. 8, 1999, 113 Stat. 29; Pub. L.
106-57, Title I, Sec. 102, 103(a)(1)-(3), (4)(B), Sept. 29,
1999, 113 Stat. 415.)
248.7 Sec. 59f. Mass mailings by Senate offices; quarterly
statements; publication of summary tabulations.
Two weeks after the close of each calendar quarter, or
as soon as practicable thereafter, the Sergeant at Arms and
Doorkeeper of the Senate shall send to each Senate office a
statement of the cost of postage and paper and of the other
operating expenses incurred as a result of mass mailings
processed for such Senate office during such quarter. The
statement shall separately identify the cost of postage and
paper and other costs, and shall distinguish the costs
attributable to newsletters and all other mass mailings. The
statement shall also include the total cost per capita in
the State. A compilation of all such statements shall be
sent to the Senate Committee on Rules and Administration. A
summary tabulation of such information shall be published
quarterly in the Congressional Record and included in the
semiannual report of the Secretary of the Senate. Such
summary tabulation shall set forth for each Senate office
the following information: the Senate office's name, the
total number of pieces of mass mail mailed during the
quarter, the total cost of such mail, and, in the case of
Senators, the cost of such mail divided by the total
population of the State from which the Senator was elected,
and the total number of pieces of mass mail divided by the
total population of the State from which the Senator was
elected, and in the case of each Senator, the allocation
made to such Senator from the appropriation for official
mail expenses. (Pub. L. 101-520, Title III, Sec. 318, Nov.
5, 1990, 104 Stat. 2283; July 22, 1994, Pub. L. 103-283,
Sec. 3(b), 108 Stat. 1427.)
248.8 Sec. 59g. Mass mailing of information under frank; quarterly
registration of Senators with Secretary of Senate.
In fiscal year 1991 and thereafter, when a Senator
disseminates information under the frank by a mass mailing
(as defined in section 3210(a)(6)(E) of title 39), the
Senator shall register quarterly with the Secretary of the
Senate such mass mailings. Such registration shall be made
by filing with the Secretary a copy of the matter mailed and
providing, on a form supplied by the Secretary, a
description of the group or groups of persons to whom the
mass mailing was mailed and the number of pieces mailed.
(Pub. L. 101-520, Title III, Sec. 320, Nov. 5, 1990, 104
Stat. 2285.)
Chapter 4.--OFFICERS AND EMPLOYEES OF SENATE AND HOUSE OF
REPRESENTATIVES
249 Sec. 60-1. Authority of officers of the Congress over
Congressional employees.
(a) Qualifications determinations; removal and discipline.
Each officer of the Congress having responsibility for
the supervision of employees, including employees appointed
upon recommendation of Members of Congress, shall have
authority--
(1) to determine, before the appointment of
any individual as an employee under the
supervision of that officer of the Congress,
whether that individual possesses the
qualifications necessary for the satisfactory
performance of the duties and responsibilities
to be assigned to him; and
(2) to remove or otherwise discipline any
employee under his supervision.
(b) ``Officer of the Congress'' defined.
As used in this section, the term ``officer of the
Congress'' means--
(1) an elected officer of the Senate or
House of Representatives who is not a Member of
the Senate or House; and
(2) the Architect of the Capitol. (Oct. 26,
1970, Pub. L. 91-510, Sec. 431, 84 Stat. 1190.)
249.1 Sec. 60-2. Amendment to Senate conflict of interest rule.\1\
\1\ See Standing Rule XXXVII.
(a) Except as provided by subsection (b) of this
section, any employee of the Senate who is required to file
a report pursuant to Senate rules shall refrain from
participating personally and substantially as an employee of
the Senate in any contact with any agency of the executive
or judicial branch of Government with respect to non-
legislative matters affecting any non-governmental person in
which the employee has a significant financial interest.
(b) Subsection (a) of this section shall not apply if an
employee first advises his supervisor of his significant
financial interest and obtains from such supervisor a
written waiver stating that the participation of the
employee is necessary. A copy of each such waiver shall be
filed with the Select Committee. (Pub. L. 101-194, Title IX,
Sec. 903, Nov. 30, 1989, 103 Stat. 1781.)
249.5 Sec. 60a-1. Senate pay adjustments; action by President pro
tempore of Senate.
(a) Each time the President adjusts the rates of pay of
employees under section 5303 of title 5 the President pro
tempore of the Senate shall, as he considers appropriate--
(1)(A) adjust the rate of personnel whose
pay is disbursed by the Secretary of the Senate,
and any minimum or maximum rate applicable to
any such personnel; or
(B) in the case of such personnel whose
rates of pay are fixed by or pursuant to law at
specific rates, adjust such rates (including the
adjustment of such specific rates to maximum pay
rates) and, in the case of all other personnel
whose pay is disbursed by the Secretary of the
Senate, adjust only the minimum or maximum rates
applicable to such other personnel; and
(2) adjust any limitation or allowance
applicable to such personnel;
by percentages which are equal or equivalent, insofar as
practicable and with such exceptions as may be necessary to
provide for appropriate pay relationships between positions,
to the percentages of the adjustments made by the President
under such section 5303 for corresponding rates of pay for
employees subject to the General Schedule contained in
section 5332 of such title and adjust the rates of such
personnel by such amounts as necessary to restore the same
pay relationships that existed on December 31, 1986, between
personnel and Senators and between positions. Such rates,
limitations, and allowances adjusted by the President pro
tempore shall become effective on the first day of the month
in which any adjustment becomes effective under such section
5303 or section 3(c) of this Act.
(b) The adjustments made by the President pro tempore
shall be made in such manner as he considers advisable and
shall have the force and effect of law.
(c) Nothing in this section shall impair any authority
pursuant to which rates of pay may be fixed by
administrative action.
(d) No rate of pay shall be adjusted under the
provisions of this section to an amount in excess of the
rate of basic pay for level III of the Executive Schedule
contained in section 5314 of title 5, except in cases in
which it is necessary to restore and maintain the same pay
relationships that existed on December 31, 1986, between
personnel and Senators and between positions.
(e) For purposes of this section, the term ``personnel''
does not include any Senator. (Pub. L. 91-656, Sec. 4, Jan.
8, 1971, 84 Stat. 1952, amended Pub. L. 92-298, Sec. 3(a),
May 17, 1972, 86 Stat. 146; Pub. L. 92-392, Sec. 14(a), Aug.
19, 1972, 86 Stat. 575; Pub. L. 94-82; Title II,
Sec. 204(d), Aug. 9, 1975, 89 Stat. 422; Pub. L. 100-202,
Sec. 101(i) [Title III, Sec. 311(a), (b)], Dec. 22, 1987,
101 Stat. 1329-310; Pub. L. 101-509, Title I,
Sec. 101(b)(4)(E), Nov. 5, 1990, 104 Stat. 1440.)
249.6 Sec. 60a-1a. Rates of compensation paid by Secretary of
Senate; applicability of Senate pay adjustments by
President pro tempore of Senate.
No provision of this Act or of any Act enacted after
October 1, 1976, which specifies a rate of compensation
(including a maximum rate) for any position or employee
whose compensation is disbursed by the Secretary of the
Senate shall, unless otherwise specifically provided
therein, be construed to affect the applicability of section
60a-1 of this title to such rate. (Pub. L. 94-440, Title I,
Sec. 107, Oct. 1, 1976, 90 Stat. 1444.)
249.7 Sec. 60a-1b. Senate pay adjustments; action by President pro
tempore of Senate.
(a) Whenever, after November 5, 1990, there is an
adjustment in rates of pay for Senators (other than an
adjustment which occurs by virtue of an adjustment under
section 5303 of title 5 in rates of pay under the General
Schedule), the President pro tempore of the Senate may,
notwithstanding any other provision of law, rule, or
regulation, adjust the rate of pay (and any minimum or
maximum rate, limitation, or allowance) applicable to
personnel whose pay is disbursed by the Secretary of the
Senate to the extent necessary to maintain the same pay
relationships that existed on December 31, 1986, between
personnel and Senators and between positions.
(b) Adjustments made by the President pro tempore under
this section shall be made in such manner as he considers
advisable and shall have the force and effect of law. (Pub.
L. 101-520, Title III, Sec. 315, Nov. 5, 1990, 104 Stat.
2283; Pub. L. 102-90, Title III, Sec. 308, Aug. 14, 1991,
105 Stat. 466.)
250 Sec. 60c-1. Vice President, Senators, officers, and
employees paid by Secretary of Senate; payment of
salary; advance payment.
The compensation of the Vice President, Senators, and
officers and employees, whose compensation is disbursed by
the Secretary of the Senate, shall be payable on the fifth
day of the month following the month in which such
compensation accrued, except that--
(1) [Repealed]
(2) when such fifth or twentieth day falls
on Saturday, Sunday, or on a legal holiday
(including any holiday on which the banks of the
District of Columbia are closed pursuant to
law), such compensation shall be payable on the
next preceding workday; and
(3) any part of such compensation accrued
for any month may, in the discretion of the
Secretary of the Senate, be paid prior to the
day specified in the preceding provisions of
this section.
For purposes of the title 26 and for accounting and
reporting purposes, disbursements made in accordance with
this section on the fifth day of a month, or on the next
preceding workday if such fifth day falls on Saturday,
Sunday, or a legal holiday, shall be considered to have been
made on the last day of the preceding month. (Apr. 20, 1960,
P.L. 86-426, Sec. 1, 74 Stat. 53; Oct. 11, 1971, Pub. L. 92-
136, Sec. 6, 85 Stat. 378; July 25, 1979, Pub. L. 96-38,
Sec. 108(a), 93 Stat. 113; Oct. 1, 1981, Pub. L. 97-51,
Sec. Sec. 111(a), 112(a), 95 Stat. 962; Sept. 10, 1982, Pub.
L. 97-257, Title I, Ch. X, Sec. 105(a), 96 Stat. 849; Pub.
L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)
Sec. 60c-2. Salary deposit in financial organizations.
Repealed. Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96
Stat. 1068.
Note
The Secretary of the Senate is authorized and directed,
if requested by an individual whose compensation is
disbursed by the Secretary, to pay the compensation by
sending a check to a financial organization designated by
the individual. See Sec. 3332 of Title 31, Money and
Finance, Senate Manual Sec. 489. 1.
250.7 Sec. 60c-2a. Banking and financial transactions of Secretary
of the Senate.
(a) Reimbursement of banks for costs of clearing items for
Senate
The Secretary of the Senate is authorized to reimburse
any bank which clears items for the United States Senate for
the costs incurred therein. Such reimbursements shall be
made from the contingent fund of the Senate.
(b) Check cashing regulations for Disbursing Office of
Senate
The Secretary of the Senate is authorized to prescribe
such regulations as he deems necessary to govern the cashing
of personal checks by the Disbursing Office of the Senate.
(c) Amounts withheld from disbursements for employee
indebtedness
Whenever an employee whose compensation is disbursed by
the Secretary of the Senate becomes indebted to the Senate
and such employee fails to pay such indebtedness, the
Secretary of the Senate is authorized to withhold the amount
of the indebtedness from any amount which is disbursed by
him and which is due to, or on behalf of, such employee.
Whenever an amount is withheld under this section, the
appropriate account shall be credited in an amount equal to
the amount so withheld. (Pub. L. 94-440, Title I, Sec. 104,
Oct. 1, 1976, 90 Stat. 1443.)
251 Sec. 60c-3. Withholding and remittance of State income tax
by Secretary of Senate.
(a) Agreement by Secretary with appropriate State official;
covered individuals
Whenever--
(1) the law of any State provides for the
collection of an income tax by imposing upon
employers generally the duty of withholding sums
from the compensation of employees and remitting
such sums to the authorities of such State; and
(2) such duty to withhold is imposed
generally with respect to the compensation of
employees who are residents of such State;
then the Secretary of the Senate is authorized, in
accordance with the provisions of this section, to enter
into an agreement with the appropriate official of that
State to provide for the withholding and remittance of sums
for individuals--
(A) whose pay is disbursed by the Secretary;
and
(B) who request the Secretary to make such
withholdings for remittance to that State.
(b) Number of remittances authorized
Any agreement entered into under subsection (a) of this
section shall not require the Secretary to remit such sums
more often than once each calendar quarter.
(c) Requests by individuals of Secretary for withholding and
remittance; amount of withholding; number and effective
date of requests; change of designated State; revocation
of request; rules and regulations
(1) An individual whose pay is disbursed by the
Secretary may request the Secretary to withhold sums from
his pay for remittance to the appropriate authorities of the
State that he designates. Amounts of withholdings shall be
made in accordance with those provisions of the law of that
State which apply generally to withholding by employers.
(2) An individual may have in effect at any time only
one request for withholdings, and he may not have more than
two such requests in effect with respect to different States
during any one calendar year.
The request for withholdings is effective on the first day
of the first month commencing after the day on which the
request is received in the Disbursing Office of the Senate,
except that--
(A) when the Secretary first enters into an
agreement with a State, a request for
withholdings shall be effective on such date as
the Secretary may determine; and
(B) when an individual first receives an
appointment, the request shall be effective on
the day of appointment, if the individual makes
the request at the time of appointment.
(3) An individual may change the State designated by him
for the purposes of having withholdings made and request
that the withholdings be remitted in accordance with such
change, and he may also revoke his request for withholdings.
Any change in the State designated or revocation is
effective on the first day of the first month commencing
after the day on which the request for change or the
revocation is received in the Disbursing Office.
(4) The Secretary is authorized to issue rules and
regulations he considers appropriate in carrying out this
subsection.
(d) Time or times of agreements by Secretary
The Secretary may enter into agreements under subsection
(a) of this section at such time or times as he considers
appropriate.
(e) Provisions as not imposing duty, burden, requirement or
penalty upon the United States, Senate, or any officer
or employee of the United States; effect of filing
paper, form, or document with Secretary
This section imposes no duty, burden, or requirement
upon the United States, the Senate, or any officer or
employee of the United States, except as specifically
provided in this section. Nothing in this section shall be
deemed to consent to the application of any provision of law
which has the effect of subjecting the United States, the
Senate, or any officer or employee of the United States to
any penalty or liability by reason of the provisions of this
section. Any paper, form, or document filed with the
Secretary under this section is a paper of the Senate within
the provisions of rule XI \1\ of the Standing Rules of the
Senate.
\1\ Changed from ``rule XXX'' as a result of the
adoption of S. Res. 274, Nov. 14, 1979, and S. Res. 389,
Mar. 25, 1980, 96th Cong.
(f) Definitions
For the purposes of this section, ``State'' means any of
the States of the United States and the District of
Columbia. (Aug. 13, 1974, Pub. L. 93-371, Sec. 2, 88 Stat.
427.)
251.1 Sec. 60c-4. Withholding of charitable contributions from
salaries paid by the Secretary of the Senate and from
employees of the Architect of the Capitol.
(a) Definitions
For purposes of this section, the term--
(1) ``Secretary'' means the Secretary of the
Senate; and
(2) ``Architect'' means the Architect of the
Capitol.
(b) Notice; deduction and transmission
(1) The Secretary and the Architect shall notify
individuals whose pay is disbursed by the Secretary or who
are employees of the Architect, including employees of the
Botanic Garden or the Senate Restaurants of the opportunity
to have amounts withheld from their pay pursuant to this
section for contribution to national voluntary health and
welfare agencies designated by the Director of the Office of
Personnel Management pursuant to Executive Order 12353,
dated March 23, 1982.
(2) Upon request by such an individual specifying the
amount to be withheld and one Combined Federal Campaign
Center in the Washington metropolitan area to receive such
amount, the Secretary, the Architect, or any other officer
who disburses the pay of such individual, as the case may be
shall--
(A) withhold such amount from the pay of
such individual; and
(B) transmit (not less than once each
calendar quarter) the amount so withheld to the
Combined Federal Campaign Center as specified in
such request.
(c) Time of withholding and transmission
The Secretary and the Architect shall, to the extent
practicable, carry out subsection (b) of this section at or
about the time of the Combined Federal Campaign and other
fundraising in the executive branch of the Federal
Government conducted pursuant to Executive Order 10927,
dated March 18, 1961, and at such other time as each such
officer deems appropriate.
(d) Amount
(1) No amount shall be withheld under subsection (b) of
this section from the pay of any individual for any pay
period if the amount of such pay for such period is less
than the sum of--
(A) the amount specified to be withheld from
such pay under subsection (b) of this section
for such period; plus
(B) the amount of all other withholdings
from such pay for such period.
(2) No amount may be specified by an individual to be
withheld for any pay period under subsection (b) of this
section which is less than--
(A) 50 cents, if the pay period of such
individual is biweekly or semimonthly; or
(B) $1, if the pay period of such individual
is monthly.
(e) Provisions as not imposing duty, burden, requirement or
penalty upon the United States, Senate, or any officer
or employee of the United States; effect of filing paper
This section imposes no duty, burden, or requirement
upon the United States, the Senate, or any officer or
employee of the United States, except as specifically
provided in this section. Nothing in this section shall be
deemed to consent to the application of any provision of law
which has the effect of subjecting the United States, the
Senate, or any officer or employee of the United States to
any penalty or liability by reason of the provisions of this
section. Any paper, form, document, or any other item filed
with the Secretary under this section is a paper of the
Senate within the provisions of rule XI \1\ of the Standing
Rules of the Senate.
\1\ See footnote to Sec. 251(e).
(f) Rules and regulations
The Secretary and the Architect are authorized to issue
rules and regulations they consider appropriate in carrying
out their duties under this section. (Oct. 17, 1978, Pub. L.
95-470, 92 Stat. 1323.)
251.1-1 Sec. 60j. Longevity compensation.
(a) Eligible employees
This section shall apply to--
(1) each employee of the Senate whose
compensation is paid from the appropriation for
Salaries, Officers and Employees under the
following headings:
(A) Office of the Secretary, including
individuals employed under authority of
section 74b of this title;
(B) Office of the Sergeant at Arms and
Doorkeeper, except employees designated as
``special employees''; and
(C) Offices of the Secretaries for the
Majority and the Minority;
(2) each employee of the Senate authorized
by Senate resolution to be appointed by the
Secretary of the Senate or the Sergeant at Arms
and Doorkeeper, except employees designated as
``special employees''; and
(3) each employee of the Capitol Guide
Service established under section 851 of title
40.
(b) Rate of compensation; limitation on increases;
computation of service; effective date of payment
(1) Except as provided in paragraph (2), an employee to
whom this section applies shall be paid, during any period
of continuous creditable service, additional annual
compensation (hereinafter referred to as ``longevity
compensation'') at the rate of $482 for (A) each year of
creditable service performed for the first five years and
(B) each two years of creditable service performed during
the twenty-year period following the first five years.
(2) The amount of longevity compensation which may be
paid to an employee, when added to his regular annual
compensation, shall not exceed the maximum annual
compensation which may be paid to Senate employees generally
as prescribed by law or orders of the President pro tempore
issued under authority of section 60a-1 of this title.
(3) For purposes of this section--
(A) creditable service includes (i) service
performed as an employee described in subsection
(a) of this section, (ii) service performed as a
member of the Capitol Police or as an employee
of the United States Capitol Telephone Exchange
while compensation therefor is disbursed by the
Clerk of the House of Representatives, and (iii)
service which is creditable for purposes of this
section as in effect on September 30, 1978;
(B) in computing length of continuous
creditable service, only creditable service
performed subsequent to August 31, 1957, shall
be taken into account, except that, in the case
of service as an employee employed under
authority of section 74b of this title, only
creditable service performed subsequent to
January 2, 1971, shall be taken into account;
and
(C) continuity of creditable service shall
not be deemed to be broken by separations from
service of not more than thirty days, by the
performance of service as an employee (other
than an employee subject to the provisions of
this section) whose compensation is disbursed by
the Secretary of the Senate or the Clerk of the
House of Representatives, or by the performance
of active military service in the armed forces
of the United States, but periods of such
separations and service shall not be creditable
service.
(4) Longevity compensation shall be payable on and after
the first day of the first month following completion of
each period of creditable service upon which such
compensation is based. (Pub. L. 87-730, Sec. 106 (a), (b),
(d), Oct. 2, 1962, 76 Stat. 694, 695, amended Pub. L. 88-
454, Sec. 104(b), Aug. 20, 1964, 78 Stat. 550; Pub. L. 90-
57, Title V, Sec. 105(g), July 28, 1967, 81 Stat. 143; Pub.
L. 90-206, Title II, Sec. Sec. 214(n), 225(h), Dec. 16,
1967, 81 Stat. 637, 644; Pub. L. 91-656, Sec. 4, Jan. 8,
1971, 84 Stat. 1952; Pub. L. 93-371, Sec. 101, Aug. 13,
1974, 88 Stat. 436; Pub. L. 95-240, Title II, Sec. 205, Mar.
7, 1978, 92 Stat. 117; Pub. L. 95-391, Title I, Sec. 110(a),
Sept. 30, 1978, 92 Stat. 774; July 8, 1980, Pub. L. 96-304,
Title I, Sec. 107(b), 94 Stat. 890.)
251.2 Sec. 60j-1. Capitol Police longevity compensation.
Any member of the Capitol Police who by reason of the
provision repealed by subsection (b) \1\ was receiving
immediately prior to the effective date \2\ of this section,
longevity compensation provided by section 105 of the
Legislative Branch Appropriation Act, 1959,\3\ shall, on and
after such effective date, receive in lieu thereof a
longevity increase under section 60j(b) of this title, in
addition to any other such increases (not to exceed three)
to which he may otherwise be entitled under such section. In
computing the length of service of such member for the
purpose of such other increases, only service performed
subsequent to the date on which he began receiving longevity
compensation in accordance with such section 105 shall be
counted. (Aug. 20, 1964, Pub. L. 88-454, Sec. 104(c), 78
Stat. 550.)
\1\ Refers to second sentence of section 106(d) of
Legislative Branch Appropriation Act, 1963, repealed by
section 104(b) of Legislative Branch Appropriation Act,
1965.
\2\ Section became effective September 1, 1964.
\3\ Section 105 of Legislative Branch Appropriation Act,
1959, repealed by section 106(d) of Legislative Branch
Appropriation Act, 1963.
251.3 Sec. 60j-2. Longevity compensation for telephone operators
on United States telephone exchange and members of
Capitol Police paid by Chief Administrative Officer of
House.
The provisions of subsections (a) and (b) of section 60j
of this title (as amended by section 110 of Pub. L. 95-391),
shall apply to telephone operators (including the chief
operator and assistant chief operators) on the United States
Capitol telephone exchange and members of the Capitol Police
whose compensation is disbursed by the Chief Administrative
Officer of the House of Representatives in the same manner
and to the same extent as such provisions apply to
individuals whose compensation is disbursed by the Secretary
of the Senate. For purposes of so applying such subsections,
creditable service shall include service performed as an
employee of the United States Capitol telephone exchange or
a member of the Capitol Police whether compensation therefor
is disbursed by the Chief Administrative Officer of the
House of Representatives or the Secretary of the Senate.
(Pub. L. 95-391, Title III, Sec. 310, Sept. 30, 1978, 92
Stat. 790; Pub. L. 104-186, Title II, Sec. 204(8), Aug. 20,
1996, 110 Stat. 1731.)
Sec. 60j-3. Repealed. (Pub. L. 97-276, Sec. 101(e), Oct. 2,
1982, 96 Stat. 1189)
251.5 Sec. 60j-4. Longevity compensation not applicable to
individuals paid by Secretary of Senate; savings
provision.
Section 60j of this title on or after October 1, 1983
shall not apply to any individual whose pay is disbursed by
the Secretary of the Senate; except that, any individual who
prior to such date was entitled to longevity compensation
under such section on the basis of service performed prior
to such date shall continue to be entitled to such
compensation, but no individual shall accrue any longevity
compensation on the basis of service performed on or after
such date. (July 14, 1983, Pub. L. 98-51, Sec. 107, 97 Stat.
267.)
252 Sec. 61. Limit on rate of compensation of officers and
employees.
No officer or employee of the Senate shall receive pay
for any services performed by him at any rate higher than
that provided for the office or employment to which he has
been regularly appointed. (Aug. 5, 1882, ch. 390, Sec. 1, 22
Stat. 270.)
252.1 Sec. 61-1. Gross rate of compensation of employees paid by
Secretary of Senate.
252.2 (a) Annual rate; certification
(1) Whenever the rate of compensation of any employee
whose compensation is disbursed by the Secretary of the
Senate is fixed or adjusted on or after October 1, 1980,
such rate as so fixed or adjusted shall be at a single whole
dollar per annum gross rate and may not include a fractional
part of a dollar.\1\
\1\ As modified by the Order of the President pro
tempore of the Senate issued on October 5, 1981,
effective October 1, 1981, under authority of section 4
of the Federal Pay Comparability Act of 1970.
(2) New or changed rates of compensation (other than
changes in rates which are made by law) of any such employee
(other than an employee who is an elected officer of the
Senate) shall be certified in writing to the Disbursing
Office of the Senate (and, for purposes of this paragraph, a
new rate of compensation refers to compensation in the case
of an appointment, transfer from one Senate appointing
authority to another, or promotion by an appointing
authority to a position the compensation for which is fixed
by law). In the case of an appointment or other new rate of
compensation the certification must be received by such
office on or before the day the rate of new compensation is
to become effective. In any other case, the changed rate of
compensation shall take effect on the first day of the month
in which such certification is received (if such
certification is received within the first ten days of such
month), on the first day of the month after the month in
which such certification is received (if the day on which
such certification is received is after the twenty-fifth day
of the month in which it is received), and on the sixteenth
day of the month in which such certification is received (if
such certification is received after the tenth day and
before the twenty-sixth day of such month). Notwithstanding
the preceding sentence, if the certification for a changed
rate of compensation for an employee specifies an effective
date of such change, such change shall become effective on
the date so specified, but only if the date so specified is
the first or sixteenth day of a month and is after the
effective date prescribed in the preceding sentence; and,
notwithstanding such sentence and the preceding provisions
of this sentence, any changed rate of compensation for a new
employee or an employee transferred from one appointing
authority to another shall take effect on the date of such
employee's appointment or transfer (as the case may be) if
such date is later than the effective date for such changed
rate of compensation as prescribed by such sentence. (Pub.
L. 98-181, Sec. 1203.)
252.3 (b) Conversion increase in computation
Note.--This subsection has been executed.
252.4 (c) Reference in other provisions to basic rates and
additional compensation
In any case in which the rate of compensation of any
employee or position, or class of employees or positions,
the compensation for which is disbursed by the Secretary of
the Senate, or any maximum or minimum rate with respect to
any such employee, position, or class, is referred to in or
provided by statute or Senate resolution, and the rate so
referred to or provided is a basic rate with respect to
which additional compensation is provided by law, such
statutory provision or resolution shall be deemed to refer,
in lieu of such basic rate, to the per annum gross rate
which an employee receiving such basic rate immediately
prior to August 1, 1967, would receive (without regard to
such statutory provision or resolution) under subsection (b)
of this section on and after such date.
252.5 (d) Compensation of employees in office of Senator
Note
This subsection sets forth the maximum and minimum
salaries which may be paid to employees in the office of a
Senator. These figures are changed annually by Orders of the
President pro tempore of the Senate issued under authority
of section 4 of the Federal Pay Comparability Act of 1970.
For the current figures consult the Senate Disbursing
Office.
Each Member of the Senate is authorized by section
111(c) of the Legislative Branch Appropriation Act, 1978
(Pub. Law 95-94, 91 Stat. 662-663, Aug. 5, 1977), to
designate employees in his office to assist him in
connection with his membership on committees of the Senate.
With certain exceptions, an employee so designated is to be
accorded all privileges of a professional staff member of
the committee to which designated. The text of section
111(c) is as follows:
(c)(1) A Senator may designate employees in his office
to assist him in connection with his membership on
committees of the Senate. An employee may be designated with
respect to only one committee.
(2) An employee designated by a Senator under this
subsection shall be certified by him to the chairman and
ranking minority member of the committee with respect to
which such designation is made. Such employee shall be
accorded all privileges of a professional staff member
(whether permanent or investigatory) of such committee
including access to all committee sessions and files, except
that any such committee may restrict access to its sessions
to one staff member per Senator at a time and require, if
classified material is being handled or discussed, that any
staff member possess the appropriate security clearance
before being allowed access to such material or to
discussion of it. Nothing contained in this paragraph shall
be construed to prohibit a committee from adopting policies
and practices with respect to the application of this
subsection which are similar to the policies and practices
adopted with respect to the application of section 705(c)(1)
of Senate Resolution 4, 95th Congress, and section 106(c)(1)
of the Supplemental Appropriations Act, 1977.
(3) A Senator shall notify the chairman and ranking
minority member of a committee whenever a designation of an
employee under this subsection with respect to such
committee is terminated.
Sec. 111(a) provides for an amount to be added to each
Senator's Official Personnel and Expense Account for
compensation of committee-related employees authorized under
subsection (c). This amount is subject to change annually by
Orders of the President pro tempore of the Senate issued
under authority of section 4 of the Federal Pay
Comparability Act of 1970. For the current figure consult
the Senate Disbursing Office.
Sec. 111(b) repealed, effective the first day of the
100th Congress. (Oct. 21, 1987, Sec. 3, Pub. L. 100-137, 101
Stat. 819.)
252.6 (e) Compensation of committee staff members
Note
This subsection sets forth the maximum salaries which
may be paid to committee employees. These figures are
changed annually by Orders of the President pro tempore of
the Senate issued under authority of section 4 of the
Federal Pay Comparability Act of 1970. For the current
figures consult the Senate Disbursing Office.
252.7 (f) General limitation
Note
This subsection sets forth the maximum and minimum
salaries which may be paid to Senate employees (other than
committee employees, employees in a Senator's office, and
employees serving in a position the salary of which is
prescribed by law). These figures are changed annually by
Orders of the President pro tempore of the Senate issued
under authority of section 4 of the Federal Pay
Comparability Act of 1970. For the current figures consult
the Senate Disbursing Office.
252.8 (Pub. L. 90-57, Sec. 105 (a)-(f), (j), July 28, 1967, 81
Stat. 141-144, amended Pub. L. 90-206, Title II,
Sec. 214(j)-(l), Dec. 16, 1967, 81 Stat. 637; Pub. L. 91-
145, Sec. 101, Dec. 12, 1969, 83 Stat. 340; Pub. L. 91 510,
Title III, Sec. 305, Oct. 26, 1970, 84 Stat. 1181; Pub. L.
91-656, Sec. 4, Jan. 8, 1971, 84 Stat. 1952; Pub. L. 92-184,
Ch. IV, Sec. 401, Dec. 15, 1971, 85 Stat. 633; Pub. L. 92-
607, Ch. V, Sec. 505, Oct. 31, 1972, 86 Stat. 1505; Pub. L.
93-145, Sec. 101, Nov. 1, 1973, 87 Stat. 532; Pub. L. 93-
245, Ch. VI, Sec. 601, Jan. 3, 1974, 87 Stat. 1078; Pub. L.
93-255, Sec. 1, Mar. 27, 1974, 88 Stat. 52; Pub. L. 93-371,
Sec. 101(6), Aug. 13, 1974, 88 Stat. 430; Pub. L. 94-59,
Title I, Sec. 102, July 25, 1975, 89 Stat. 274; Pub. L. 94-
440, Title I, Sec. 101(a), Oct. 1, 1976, 90 Stat. 1443; Pub.
L. 95-94, Title I, Sec. 111(d), Aug. 5, 1977, 91 Stat. 63;
Pub. L. 98-181, Title I, Sec. 1203(a), Nov. 30, 1983, 97
Stat. 1289; Pub. L. 104-186, Title II, Sec. 204(9), Aug. 20,
1996, 110 Stat. 1731; modified by Orders of the President
pro tempore of the Senate issued under authority of section
4 of the Federal Pay Comparability Act of 1970; July 8,
1980, Pub. L. 96-304, Title I, Sec. 107(a), 94 Stat. 890.)
252.9 Sec. 61-1a. Availability of appropriated funds for payment
to an individual of pay from more than one position;
conditions.
Notwithstanding any other provision of law, appropriated
funds are available for payment to an individual of pay from
more than one position, each of which is either in the
office of a Senator and the pay of which is disbursed by the
Secretary of the Senate or is in another office and the pay
of which is disbursed by the Secretary of the Senate out of
an appropriation under the heading ``Salaries, Officers and
Employees'', if the aggregate gross pay from those positions
does not exceed the maximum rate specified in section 61-
1(d)(2) of this title. (Pub. L. 95-94, Title I, Sec. 114,
Aug. 5, 1977, 91 Stat. 665; Pub. L. 95-240, Title II,
Sec. 207, Mar, 7, 1978, 92 Stat. 117; Pub. L. 100-202,
Sec. 9, Dec. 22, 1987, 101 Stat. 1329-295.)
252.10 Sec. 61-1b. Availability of appropriations during first
three months of any fiscal year for aggregate of
payments of gross compensation made to employees from
Senate appropriation account for ``Salaries, Officers
and Employees''.
At no time during the first three months of any fiscal
year (commencing with the fiscal year which begins October
1, 1984) shall the aggregate of payments of gross
compensation made to employees out of any line item
appropriation within the Senate appropriation account for
``Salaries, Officers and Employees'' (other than the line
item appropriations, within such account for
``Administrative, clerical, and legislative assistance to
Senators'' and for ``Agency contributions'') exceed twenty-
five per centum of the total amount available for such line
item appropriations for such fiscal year. (July 17, 1984,
P.L. 98-367, Title I, Sec. 4, 98 Stat. 475.)
252.11 Sec. 61-1c. Aggregate gross compensation of employee of
Senator of State with population under 5,000,000.
(a) Notwithstanding the provisions of section 61-1(d)(1)
of this title, and except as otherwise provided in
subparagraph (C) of section 61-1(d)(1) of this title, the
aggregate of gross compensation paid employees in the office
of a Senator shall not exceed during each fiscal year
$1,012,083 if the population of his State is less than
5,000,000.
(b) Subsection (a) of this section shall take effect
October 1, 1991. (Aug. 14, 1991, Pub. L. 102-90, Title I,
Sec. 5, 105 Stat. 450.)
253 Sec. 61a. Compensation of Secretary of the Senate.
Note
Pursuant to Orders of the President pro tempore of the
Senate issued under authority of section 4 of the Federal
Pay Comparability Act of 1970, the Annual rate of
compensation of the Secretary of the Senate is the same as
level III of the Executive Schedule (5 U.S.C. Sec. 5314),
but may not be more than $1,000 less than the annual rate of
compensation of a Senator.
254.8 Sec. 61a-9. Advancement by Secretary of the Senate of travel
funds to employees under his jurisdiction for Federal
Election Campaign Act travel expenses.
The Secretary of the Senate is hereafter authorized to
advance, in his discretion, to any designated employee under
his jurisdiction, such sums as may be necessary, not
exceeding $1,500, to defray official travel expenses in
assisting the Secretary in carrying out his duties under the
Federal Election Campaign Act of 1971. Any such employee
shall, as soon as practicable, furnish to the Secretary a
detailed voucher for such expenses incurred and make
settlement with respect to any amount so advanced. (Oct. 31,
1972, Pub. L. 92-607, Sec. 504, 86 Stat. 1505.)
254.9 Sec. 61a-9a. Travel expenses of Secretary of Senate;
advancement of travel funds to designated employees.
For the purpose of carrying out his duties, the
Secretary of the Senate is authorized to incur official
travel expenses. The Secretary of the Senate is authorized
to advance, in his discretion, to any designated employee
under his jurisdiction, such sums as may be necessary, not
exceeding $1,000, to defray official travel expenses in
assisting the Secretary in carrying out his duties. Any such
employee shall, as soon as practicable, furnish to the
Secretary a detailed voucher for such expenses incurred and
make settlement with respect to any amount so advanced.
Payments to carry out the provisions of this section shall
be made from funds included in the appropriation
``Miscellaneous Items'' under the heading ``Contingent
Expenses of the Senate'' upon vouchers approved by the
Secretary of the Senate. (July 25, 1975, Pub. L. 94-59,
Sec. 101, 89 Stat. 273; Aug. 5, 1977, Pub. L. 95-94, Title
I, Sec. 106, 91 Stat. 661; Sept. 8, 1978, Pub. L. 95-355,
Title I, Sec. 101, 92 Stat. 533; June 5, 1981, Pub. L. 97-
12, Sec. 102, 95 Stat. 61; July 17, 1984, Pub. L. 98-367,
Sec. 1, 98 Stat. 474.)
255 Sec. 61a-11. Abolition of statutory positions in the Office
of the Secretary of the Senate; Secretary's authority to
establish and fix compensation for positions.
Effective October 1, 1981, all statutory positions in
the Office of the Secretary (other than the positions of the
Secretary of the Senate, Assistant Secretary of the Senate,
Parliamentarian, Financial Clerk, and Director of the Office
of Classified National Security Information) are abolished,
and in lieu of the positions hereby abolished the Secretary
of the Senate is authorized to establish such number of
positions as he deems appropriate and appoint and fix the
compensation of employees to fill the positions so
established; except that the annual rate of compensation
payable to any employee appointed to fill any position
established by the Secretary of the Senate shall not, for
any period of time, be in excess of $1,000 less than the
annual rate of compensation of the Secretary of the Senate
for that period of time; and except that nothing in this
section shall be construed to affect any position authorized
by statute, if the compensation for such position is to be
paid from the contingent fund of the Senate. (Oct. 1, 1981,
Public Law 97-51, Sec. 114, 95 Stat. 963.)
255.1 Sec. 61b-1. Compensation of Parliamentarian of Senate.
The Parliamentarian may be paid at a maximum annual rate
of compensation not to exceed $39,000. (Aug. 5, 1955, ch.
568 Sec. 1, 69 Stat. 499; June 27, 1956, ch. 453, Sec. 101,
70 Stat. 356; Aug. 13, 1974, Pub. L. 93-371, Sec. 4, 88
Stat. 429; July 25, 1975, Pub. L. 94-59, Title I, Sec. 105,
89 Stat. 275.)
255.3 Sec. 61c-1. Adjustment of rate of compensation by Secretary
of the Senate.
Any specific rate of compensation established by law, as
such rate has been increased or may hereafter be increased
by or pursuant to law, for any position under the
jurisdiction of the Secretary shall be considered as the
maximum rate of compensation for that position, and the
Secretary is authorized to adjust the rate of compensation
of an individual occupying any such position to a rate not
exceeding such maximum rate. (Aug. 18, 1970, Pub. L. 91-382,
Sec. 101, 84 Stat. 808.)
256 Sec. 61d. Compensation of the Chaplain of the Senate.
Effective with respect to pay periods beginning on or
after December 22, 1987, the Chaplain of the Senate shall be
compensated at a rate equal to the annual rate of basic pay
for level IV of the Executive Schedule under section 5315 of
title 5. (Dec. 22, 1987, Pub. L. 100-202, Sec. 2(a), 101
Stat. 1329-294.)
256.1 Sec. 61d-1. Compensation of employees of the Chaplain of the
Senate.
The Chaplain of the Senate may appoint and fix the
compensation of such employees as he deems appropriate,
except that the amount which may be paid for any fiscal year
as gross compensation for personnel in such Office for any
fiscal year shall not exceed $147,000. (Pub. L. 91-145, Dec.
12, 1969, 83 Stat. 340; Pub. L. 93-371, Sec. 101, Aug. 13,
1974, 88 Stat. 424; Pub. L. 96-38, Title I, Sec. 103, July
25, 1979, 93 Stat. 112; Pub. L. 100-202, Sec. 101(i) [Title
I, Sec. 2(b)], Dec. 22, 1987, 101 Stat. 1329-294; Pub. L.
101-163, Title I, Sec. 10, Nov. 21, 1989, 103 Stat. 1046.)
256.5 Sec. 61d-2. Postage allowance for Chaplain of the Senate.
The Secretary of the Senate is authorized and directed
to procure and furnish each fiscal year (commencing with the
fiscal year ending September 30, 1982) to the Chaplain of
the Senate, upon the request of the Chaplain of the Senate,
United States postage stamps in such amounts as may be
necessary for the mailing of postal matters arising in
connection with his official business. (June 1, 1976, Pub.
L. 94-303, Title I, Sec. 114, 90 Stat. 614; Oct. 1, 1981,
Pub. L. 97-51, Sec. 127, 95 Stat. 966.)
256.6 Sec. 61d-3. Office of the Chaplain Expense Revolving Fund.
(a) There is established in the Treasury of the United
States within the contingent fund of the senate a revolving
fund, to be known as the ``Office of the Chaplain Expense
Revolving Fund'' (hereafter referred to as the ``fund'').
The fund shall consist of all moneys collected or received
with respect to the Office of the Chaplain of the Senate.
(b) The fund shall be available without fiscal year
limitation for disbursement by the Secretary of the Senate,
not to exceed $35,000 in any fiscal year, for the payment of
official expenses incurred by the Chaplain of the Senate. In
addition, moneys in the fund may be used to purchase food or
food related items. The fund shall not be available for the
payment of salaries.
(c) All moneys (including donated moneys) received or
collected with respect to the Office of the Chaplain of the
Senate shall be deposited in the fund and shall be available
for purposes of this section.
(d) Disbursements from the fund shall be made on
vouchers approved by the Chaplain of the Senate. (Nov. 19,
1995, Pub. L. 104-53, Title I, Sec. 2, 109 Stat. 517; Oct.
21, 1998, Pub. L. 105-275, Title I, Sec. 2(a), 112 Stat.
2433.)
257 Sec. 61e. Compensation of Sergeant at Arms and Doorkeeper of
the Senate.
Note
Pursuant to Orders of the President pro tempore of the
Senate issued under authority of section 4 of the Federal
Pay Comparability Act of 1970, the annual rate of
compensation of the Sergeant at Arms and Doorkeeper of the
Senate is the same as level III of the Executive Schedule (5
U.S.C. Sec. 5314), but may not be more than $1,000 less than
the annual rate of compensation of a Senator.
257.5 Sec. 61e-3. Deputy Sergeant at Arms and Doorkeeper to act on
death, resignation, disability, or absence of Sergeant
at Arms and Doorkeeper of the Senate.
In the event of the death, resignation, or disability of
the Sergeant at Arms and Doorkeeper of the Senate, the
Deputy Sergeant at Arms and Doorkeeper shall act as Sergeant
at Arms and Doorkeeper of the Senate in carrying out the
duties and responsibilities of that office in all matters
until such time as a new Sergeant at Arms and Doorkeeper of
the Senate shall have been elected and qualified or such
disability shall have been ended. For purposes of this
section, the Sergeant at Arms and Doorkeeper of the Senate
shall be considered as disabled only during such period of
time as the Majority and Minority Leaders and the President
pro tempore of the Senate certify jointly to the Senate that
the Sergeant at Arms and Doorkeeper of the Senate is unable
to perform his duties. In the event that the Sergeant at
Arms and Doorkeeper of the Senate is absent, the Deputy
Sergeant at Arms and Doorkeeper shall act during such
absence as the Sergeant at Arms and Doorkeeper of the Senate
in carrying out the duties and responsibilities of the
office in all matters. (Oct. 1, 1981, Pub. L. 97-51,
Sec. 128, 95 Stat. 966.)
257.6 Sec. 61e-4. Designation by Sergeant at Arms and Doorkeeper
of Senate of persons to approve vouchers for payment of
moneys.
The Sergeant at Arms and Doorkeeper of the Senate
(hereinafter in this section referred to as the ``Sergeant
at Arms'') may designate one or more employees in the Office
of the Sergeant at Arms and Doorkeeper of the Senate to
approve, on his behalf, all vouchers, for payment of moneys,
which the Sergeant at Arms is authorized to approve.
Whenever the Sergeant at Arms makes a designation under the
authority of the preceding sentence, he shall immediately
notify the Committee on Rules and Administration in writing
of the designation, and thereafter any approval of any
voucher, for payment of moneys, by an employee so designated
shall (until such designation is revoked and the Sergeant at
Arms notifies the Committee on Rules and Administration in
writing of the revocation) be deemed and held to be approved
by the Sergeant at Arms for all intents and purposes. (Pub.
L. 98-181, Title I, Sec. 1201, Nov. 30, 1983, 97 Stat.
1289.)
258 Sec. 61f-1a. Travel expenses of Sergeant at Arms and
Doorkeeper of the Senate.
For the purpose of carrying out his duties, the Sergeant
at Arms and Doorkeeper of the Senate is authorized to incur
official travel expenses during each fiscal year not to
exceed the sums made available for such purpose under
appropriations Acts. With the approval of the Sergeant at
Arms and Doorkeeper of the Senate and in accordance with
such regulations as may be promulgated by the Senate
Committee on Rules and Administration, the Secretary of the
Senate is authorized to advance to the Sergeant at Arms or
to any designated employee under the jurisdiction of the
Sergeant at Arms and Doorkeeper, such sums as may be
necessary to defray official travel expenses incurred in
carrying out the duties of the Sergeant at Arms and
Doorkeeper. The receipt of any such sum so advanced to the
Sergeant at Arms and Doorkeeper or to any designated
employee shall be taken and passed by the accounting
officers of the Government as a full and sufficient voucher,
but it shall be the duty of the traveler, as soon as
practicable, to furnish to the Secretary of the Senate a
detailed voucher of the expenses incurred for the travel
with respect to which the sum was so advanced, and make
settlement with respect to such sum. Payments under this
section shall be made from funds included in the
appropriations account, within the contingent fund of the
Senate, for the Sergeant at Arms and Doorkeeper of the
Senate, upon vouchers approved by the Sergeant at Arms and
Doorkeeper. (June 1, 1976, Pub. L. 94-303, Title I,
Sec. 117, 90 Stat. 615; Sept. 30, 1978, Pub. L. 95-391,
Title I, Sec. 106, 92 Stat. 772; Oct. 12, 1979, Pub. L. 96-
86; Sec. 111(c), 93 Stat. 661; June 5, 1981, Pub. L. 97-12,
Sec. 108, 95 Stat. 62; Oct. 1, 1988, Pub. L. 100-458,
Sec. 6, 102 Stat. 2161, 2162; Pub. L. 100-458, Sec. 6, Oct.
1, 1988, 102 Stat. 2161; Pub. L. 101-520, Title I, Sec. 6,
Nov. 5, 1990, 104 Stat. 2258.)
258.5 Sec. 61f-7. Abolition of statutory positions in the Office
of the Sergeant at Arms and Doorkeeper of the Senate;
authority to establish and fix compensations for
positions.
Effective October 1, 1981, all statutory positions in
the Office of the Sergeant at Arms and Doorkeeper of the
Senate (other than the positions of the Sergeant at Arms and
Doorkeeper of the Senate, Deputy Sergeant at Arms and
Doorkeeper, and Administrative Assistant) are abolished, and
in lieu of the positions hereby abolished the Sergeant at
Arms and Doorkeeper of the Senate is authorized to establish
such number of positions as he deems appropriate and appoint
and fix the compensation of employees to fill the positions
so established; except that the annual rate of compensation
payable to any employee appointed to fill any position
established by the Sergeant at Arms and Doorkeeper of the
Senate shall not, for any period of time, be in excess of
$1,000 less than the annual rate of compensation of the
Sergeant at Arms and Doorkeeper of the Senate for that
period of time; and except that nothing in this section
shall be construed to affect any position authorized by
statute, if the compensation for such position is to be paid
from the contingent fund of the Senate. (Oct. 1, 1981, Pub.
L. 97-51, Sec. 116, 95 Stat. 963.)
259 Sec. 61f-8. Use by Sergeant at Arms and Doorkeeper of the
Senate of individual consultants or organizations, and
department and agency personnel.
For each fiscal year (beginning with the fiscal year
which ends September 30, 1982), the Sergeant at Arms and
Doorkeeper of the Senate is hereby authorized to expend from
the account for the Sergeant at Arms and Doorkeeper of the
Senate, within the contingent fund of the Senate, an amount
not to exceed $300,000 for:
(1) the procurement of the services, on a
temporary basis, of individual consultants, or
organizations thereof, with the prior consent of
the Committee on Rules and Administration; such
services may be procured by contract with the
providers acting as independent contractors, or
in the case of individuals, by employment at
daily rates of compensation not in excess of the
per diem equivalent of the highest gross rate of
annual compensation which may be paid to
employees of a standing committee of the Senate;
and any such contract shall not be subject to
the provisions of section 5 of title 41 or any
other provision of law requiring advertising;
and
(2) with the prior consent of the Government
department or agency concerned and the Committee
on Rules and Administration, use on a
reimbursable basis (with reimbursement payable
at the end of each calendar quarter for services
rendered during such quarter) of the services of
personnel of any such department or agency.
Payments made under this section shall be made upon vouchers
approved by the Sergeant at Arms and Doorkeeper of the
Senate. (Oct. 1, 1981, Pub. L. 97-51, Sec. 117, 95 Stat.
964; Pub. L. 97-257, Title I, Sec. 103, Sept. 10, 1982, 96
Stat. 849; Oct. 1, 1988, Pub. L. 100-458, Sec. 7, 102 Stat.
2162.)
260 Sec. 61g-6. Payment of expenses of Conference of the
Majority and the Conference of the Minority from
contingent fund of Senate.
For each fiscal year (beginning with the fiscal year
which ends September 30, 1982) there is authorized to be
expended from the contingent fund of the Senate an amount,
not in excess of $75,000, for the Conference of the Majority
and an equal amount for the Conference of the Minority.
Payments under this section shall be made only for expenses
actually incurred by such a Conference in carrying out its
functions, and shall be made upon certification and
documentation of the expenses involved, by the Chairman of
the Conference claiming payment hereunder and upon vouchers
approved by such Chairman and by the Committee on Rules and
Administration, except that vouchers shall not be required
for payment of long-distance telephone calls. (Oct. 1, 1981,
Pub. L. 97-51, Sec. 120, 95 Stat. 965; Pub. L. 97-276, Oct.
2, 1982, Sec. 101(e), 96 Stat. 1189; Pub. L. 99-151, Title
I, Sec. 1, Nov. 13, 1985, 99 Stat. 794; Pub. L. 101-163,
Title I, Nov. 21, 1989, 103 Stat. 1043; Pub. L. 101-520,
Title I, Nov. 5, 1990, 104 Stat. 2256.)
260a Sec. 61g-6a. Salaries and expenses for Senate Majority and
Minority Policy Committees and Senate Majority and
Minority Conference Committees
(a)(1) The Chairman of the Majority or Minority Policy
Committee of the Senate may, during any fiscal year, at his
or her election transfer funds from the appropriation
account for salaries for the Majority and Minority Policy
Committees of the Senate, to the account, within the
contingent fund of the Senate, from which expenses are
payable for such committees.
(2) The Chairman of the Majority or Minority Policy
Committee of the Senate may, during any fiscal year, at his
or her election transfer funds from the appropriation
account for expenses, within the contingent fund of the
Senate, for the Majority and Minority Policy Committees of
the Senate, to the account from which salaries are payable
for such committees.
(b)(1) The Chairman of the Majority or Minority
Conference Committee of the Senate may, during any fiscal
year, at his or her election transfer funds from the
appropriation account for salaries for the Majority and
Minority Conference Committees of the Senate, to the
account, within the contingent fund of the Senate, from
which expenses are payable for such committees.
(2) The Chairman of the Majority or Minority Conference
Committee of the Senate may, during any fiscal year, at his
or her election transfer funds from the appropriation
account for expenses, within the contingent fund of the
Senate, for the Majority and Minority Conference Committees
of the Senate, to the account from which salaries are
payable for such committees.
(c) Any funds transferred under this section shall be--
(1) available for expenditure by such
committee in like manner and for the same
purposes as are other moneys which are available
for expenditure by such committee from the
account to which the funds were transferred; and
(2) made at such time or times as the
Chairman shall specify in writing to the Senate
Disbursing Office.
(d) The Chairman of a committee transferring funds under
this section shall notify the Committee on Appropriations of
the Senate of the transfer. (Nov. 5, 1990, Pub. L. 101-520,
Title I, Sec. 1, 104 Stat. 2257; Aug. 14, 1991, Pub. L. 102-
90, Title I, 105 Stat. 450; Nov. 19, 1995, Pub. L. 104-53,
Title I, Sec. 7(a), 109 Stat. 518.)
260.1 Sec. 61g-7. Services of consultants to Majority or Minority
Conference Committee of the Senate.
(a) Authorization of expenditure with approval of Committee
on Rules and Administration
Funds authorized to be expended under section 61g-6 of
this title may be used by the Majority or Minority
Conference Committee of the Senate, with the approval of the
Committee on Rules and Administration, to procure the
temporary services (not in excess of one year) or
intermittent services of individual consultants, or
organizations thereof, to make studies or advise the
committee with respect to any matter within its jurisdiction
or with respect to the administration of the affairs of the
committee.
(b) Procurement by contractor or employment
Such services in the case of individuals or
organizations may be procured by contract as independent
contractors, or in the case of individuals, by employment at
daily rates of compensation not in excess of the per diem
equivalent of the highest gross rate of compensation which
may be paid to a regular employee of such committee. Such
contracts shall not be subject to the provisions of section
5 of title 41 or any other provision of law requiring
advertising.
(c) Selection of consultant or organization by Conference
Committee chairman
Any such consultant or organization shall be selected
for the Majority or Minority Conference Committee of the
Senate by the chairman thereof. (Aug. 15, 1985, Pub. L. 99-
88, Title I, Sec. 195, 99 Stat. 349; Pub. L. 104-197, Title
I, Sec. 1, Sept. 1, 1996, 110 Stat. 2396.)
260.1a Sec. 61g-8. Utilization of funds for specialized training of
professional staff for Majority and Minority Conference
Committee of the Senate.
Funds appropriated to the Conference of the Majority and
funds appropriated to the Conference of the Minority for any
fiscal year (commencing with the fiscal year ending
September 30, 1991), may be utilized in such amounts as the
Chairman of each Conference deems appropriate for the
specialized training of professional staff, subject to such
limitations, insofar as they are applicable, as are imposed
by the Committee on Rules and Administration with respect to
such training when provided to professional staff of
standing committees of the Senate. (Pub. L. 101-520, Title
I, Sec. 2, Nov. 5, 1990, 104 Stat. 2257.)
260.2 Sec. 61h-4. Appointment of employees by Majority and
Minority Leaders of Senate; compensation.
Effective April 1, 1977, the Majority Leader and the
Minority Leader are each authorized to appoint and fix the
compensation of such employees as they deem appropriate:
Provided, That the gross compensation paid to such employees
shall not exceed $191,700 each fiscal year for each Leader.
(May 4, 1977, Pub. L. 95-26, Title I, Sec. 100, 91 Stat.
80.)
Note
S. Res. 89, 100-1, Jan. 28, 1987, established within the
offices of Majority and Minority Leaders the positions of
chief of staff for the Majority Leader and chief of staff
for the Minority Leader. Rate of compensation shall be fixed
by the appropriate leader, not to exceed the maximum annual
rate of gross compensation of the Assistant Secretary of the
Senate.
260.3 Sec. 61h-5. Assistants to Senate Majority and Minority
Leaders for Floor Operations; establishment of
positions; appointment; compensation.
Effective October 1, 1983, there is established within
the Offices of the Majority and Minority Leaders the
positions of Assistant to the Majority Leader for Floor
Operations and Assistant to the Minority Leader for Floor
Operations, respectively. Individuals appointed to such
positions by the Majority Leader and Minority Leader,
respectively, shall receive compensation at a rate fixed by
the appropriate Leader not to exceed the maximum annual rate
of gross compensation of the Assistant Secretary of the
Senate. (July 14, 1983, Pub. L. 98-51, Title I, Sec. 101(a),
97 Stat. 265.)
260.4 Sec. 61h-6. Appointment of consultants by Majority Leader,
Minority Leader, Secretary of the Senate, and
Legislative Counsel of the Senate; compensation.
(a) The Majority Leader and the Minority Leader, are
each authorized to appoint and fix the compensation of not
more than four individual consultants, on a temporary or
intermittent basis, at a daily rate of compensation not in
excess of the per diem equivalent of the highest gross rate
of annual compensation which may be paid to employees of a
standing committee of the Senate. The President pro tempore
of the Senate is authorized to appoint and fix the
compensation of one consultant, on a temporary or
intermittent basis, at a daily rate of compensation not in
excess of that specified in the first sentence of this
subsection. The Secretary of the Senate is authorized to
appoint and fix the compensation of not more than two
individual consultants, on a temporary or intermittent
basis, at a daily rate of compensation not in excess of the
per diem equivalent of the highest gross rate of annual
compensation which may be paid to employees of a standing
committee of the Senate. The Legislative Counsel of the
Senate (subject to the approval of the President pro
tempore) is authorized to appoint and fix the compensation
of not more than two consultants, on a temporary or
intermittent basis, at a daily rate of compensation not in
excess of that specified in the first sentence of this
section. The provisions of section 8344 and 8468 of title 5
shall not apply to any individual serving in a position
under this authority. Expenditures under this authority
shall be paid from the contingent fund of the Senate upon
vouchers approved by the President pro tempore, Majority
Leader, Minority Leader, Secretary of the Senate, or
Legislative Counsel of the Senate, as the case may be.
(b) Any or all appointments under this section may be at
an annual rate of compensation rather than at a daily rate
of compensation, but such annual rate shall not be in excess
of the highest gross rate of annual compensation which may
be paid to employees of a standing committee of the Senate.
(As amended Pub. L. 105-275, Title I, Sec. Sec. 4(a), (b),
Oct. 21, 1998, 112 Stat. 2433.)
260.4a Sec. 61h-7. Chiefs of Staff of the Senate Majority and
Minority Leaders; appointment; compensation.
(a) There is established within the Offices of the
Majority and Minority Leader the positions of Chief of Staff
for the Majority Leader and Chief of Staff for the Minority
Leader, respectively. Individuals appointed to such
positions by the Majority Leader and Minority Leader,
respectively, shall receive compensation at a rate fixed by
the appropriate Leader not to exceed the maximum annual rate
of gross compensation of the Assistant Secretary of the
Senate.
(b) Gross compensation for employees filling positions
established by subsection (a) of this section for the fiscal
year ending September 30, 1987, shall be paid out of any
funds available in the Senate appropriation for such year
under the item ``Salaries, Officers and Employees''. (Pub.
L. 101-163, Title I, Sec. 9, Nov. 21, 1989, 103 Stat. 1046.)
260.5 Sec. 61j-2. Compensation and appointment of employees by
Majority and Minority Whips of Senate.
Effective April 1, 1977, the Majority Whip and the
Minority Whip are each authorized to appoint and fix the
compensation of such employees as they deem appropriate:
Provided, That the gross compensation paid to such employees
shall not exceed $111,100 each fiscal year for each Whip.
(May 4, 1977, Pub. L. 95-26, Title I, Sec. 100, 91 Stat.
80.)
260.6 Sec. 61k. Appointment and compensation of employees by
President pro tempore of Senate.
Effective October 1, 1979, the President pro tempore is
authorized to appoint and fix the compensation of such
employees as he deems appropriate: Provided, That the gross
compensation paid to such employees shall not exceed
$123,000 each fiscal year. (July 25, 1979, Pub. L. 96-38,
Title I, Sec. 101, 93 Stat. 111.)
260.7 Sec. 61l. Appointment and compensation of Administrative
Assistant, Legislative Assistant, and Executive
Secretary for Deputy President pro tempore of Senate.
Effective April 1, 1977, the Deputy President pro
tempore is authorized to appoint and fix the compensation of
an Administrative Assistant at not to exceed $47,595 per
annum; a Legislative Assistant at not to exceed $40,080 per
annum, and an Executive Secretary at not to exceed $23,380
per annum. (May 4, 1977, Pub. L. 95-26, Title I, Sec. 100,
91 Stat. 80.)
261 Sec. 62. Limitation on compensation of Sergeant at Arms and
Doorkeeper of Senate.
The Sergeant at Arms and Doorkeeper of the Senate shall
receive, directly or indirectly, no fees or other
compensation or emolument whatever for performing the duties
of the office, or in connection therewith, other than the
salary prescribed by law. (June 20, 1874, ch. 328, 18 Stat.
85; Mar. 3, 1875, ch. 129, 18 Stat. 344.)
262 Sec. 63. Repealed. (Pub. L. 104-186, Title II, Sec. 204(21),
Aug. 20, 1996, 110 Stat. 1733)
263 Sec. 64. Omitted.
263.1 Sec. 64-1. Employees of Senate Disbursing Office;
designation by Secretary of the Senate to administer
oaths and affirmations.
The Secretary of the Senate is, on and after November 1,
1973, authorized to designate, in writing, employees of the
Disbursing Office of the Senate to administer oaths and
affirmations, with respect to matters relating to that
Office, authorized or required by law or rules or orders of
the Senate (including the oath of office required by section
3331 of title 5, United States Code). During any period in
which he is so designated, any such employee may administer
such oaths and affirmations. (Nov. 1, 1973, Pub. L. 93-145,
Sec. 101, 87 Stat. 532.)
263.2 Sec. 64-2. Transfers of funds by Secretary of Senate;
approval of Committee on Appropriations.
Hereafter, the Secretary of the Senate is authorized to
make such transfers between appropriations of funds
available for disbursement by him for a fiscal year as may
be approved by a resolution of the Senate (reported by the
Committee on Appropriations of the Senate), and, to the
extent necessary, to reimburse, out of funds thereafter made
available for disbursement by him for such fiscal year, any
appropriation or fund for any amount so transferred from it.
(May 4, 1977, Pub. L. 95-26, Title I, Sec. 108, 91 Stat.
85.)
Note
Section 113 of Pub. L. 97-51 provided ``Hereafter, the
Secretary of the Senate as Disbursing Officer of the Senate
is authorized to make such transfers between appropriations
of funds available for disbursement by him for fiscal year
1982, as he deems appropriate, subject to the customary
reprogramming procedures of the Committee on Appropriations
of the Senate.''
Note
During any fiscal year (commencing with the fiscal year
beginning October 1, 1982) the Secretary of the Senate is
authorized to make such transfers between appropriations of
funds available for disbursement by him during such year,
subject to the approval of the Committee on Appropriations
of the Senate. (Pub. L. 97-276, Sec. 101(e), Oct. 2, 1982,
96 Stat. 1189.)
263.3 Sec. 64-3. Reimbursement for United States Capitol Police
salaries paid by Senate for service at Federal Law
Enforcement Training Center.
Notwithstanding any other provision of law, the
Secretary of the Senate is authorized to receive moneys from
the Department of the Treasury as reimbursements for
salaries paid by the United States Senate in connection with
certain officers and members of the United States Capitol
Police serving as instructors at the Federal Law Enforcement
Training Center. Moneys so received shall be deposited in
the Treasury of the United States as miscellaneous receipts.
(May 4, 1977, Pub. L. 95-26, Title I, Sec. 111, 91 Stat.
87.)
264 Sec. 64a. Death, resignation, or disability of Secretary and
Assistant Secretary of Senate; Financial Clerk deemed
successor as disbursing officer.
For any period during which both the Secretary and the
Assistant Secretary of the Senate are unable (because of
death, resignation, or disability) to discharge such
Secretary's duties as disbursing officer of the Senate, the
Financial Clerk of the Senate shall be deemed to be the
successor of such Secretary as disbursing officer. (Mar. 3,
1926, ch. 44, Sec. 1, 44 Stat. 162; Oct. 31, 1969, Pub. L.
91-105, Sec. 2, 83 Stat. 169; Aug. 18, 1970, Pub. L. 91-382,
Sec. 101, 84 Stat. 810; June 6, 1972, Pub. L. 92-310,
Sec. 220(g), 86 Stat. 204; July 17, 1984, Pub. L. 98-367,
Sec. 2, 98 Stat. 474.)
265 Sec. 64b. Death, resignation, or disability of Secretary of
Senate; Assistant Secretary of the Senate to act as
Secretary; written designation of absent status.
In the event of the death, resignation, or disability of
the Secretary of the Senate, the Assistant Secretary of the
Senate shall act as Secretary in carrying out the duties and
responsibilities of that office in all matters until such
time as a new Secretary shall have been elected and
qualified or such disability shall have been ended. For
purposes of this section and section 64a of this title, the
Secretary of the Senate shall be considered as disabled only
during such period of time as the Majority and Minority
Leaders and the President pro tempore of the Senate certify
jointly to the Senate that the Secretary is unable to
perform his duties. In the event that the Secretary of the
Senate is absent or is to be absent for reasons other than
disability (as provided in this paragraph), and makes a
written designation that he is or will be so absent, the
Assistant Secretary shall act during such absence as the
Secretary in carrying out the duties and responsibilities of
the office in all matters. The designation may be revoked in
writing at any time by the Secretary, and is revoked
whenever the Secretary making the designation dies, resigns,
or is considered disabled in accordance with this paragraph.
(Dec. 15, 1971, Pub. L. 92-184, Sec. 401, 85 Stat. 635;
amended Aug. 13, 1974, Pub. L. 93-371, Sec. 101(1), 88 Stat.
427; July 17, 1984, Pub. L. 98-367, Sec. 2, 98 Stat. 474.)
266 Sec. 65a. Insurance of office funds of Secretary of the
Senate and Sergeant at Arms; payment of premiums.
The Secretary of the Senate and the Sergeant at Arms on
and after June 27, 1956, are authorized and directed to
protect the funds of their respective offices by purchasing
insurance in an amount necessary to protect said funds
against loss. Premiums on such insurance shall be paid out
of the contingent fund of the Senate, upon vouchers approved
by the chairman of the Committee on Rules and
Administration. (June 27, 1956, ch. 453, 70 Stat. 360.)
267 Sec. 65b. Advances to Sergeant at Arms of the Senate for
extraordinary expenses.
The Secretary of the Senate is on and after July 31,
1958, authorized, in his discretion, to advance to the
Sergeant at Arms of the Senate such sums as may be
necessary, not exceeding $4,000, to meet any extraordinary
expenses of the Senate. (July 31, 1958, Pub. L. 85-570, 72
Stat. 442; Oct. 1, 1976, Pub. L. 94-440, Sec. 108, 90 Stat.
1445; May 4, 1977, Pub. L. 95-26, Sec. 104, 91 Stat. 82.)
267.1 Sec. 65c. Expense allowance for the Secretary of the Senate,
Sergeant at Arms and Doorkeeper of the Senate, and
Secretaries for Senate Majority and Minority.
(a) Notwithstanding any other provision of law, there is
hereby established an account, within the Senate, to be
known as the ``Expense Allowance for the Secretary of the
Senate, Sergeant at Arms and Doorkeeper of the Senate and
Secretaries for the Majority and for the Minority of the
Senate'' (hereinafter in this section referred to as the
``Expense Allowance''). For each fiscal year (commencing
with the fiscal year ending September 30, 1981) there shall
be available for the Expense Allowance an expense allotment
not to exceed $3,000 for each of the above specified
officers. Amounts paid from the expense allotment of any
such officer shall be paid to him only as reimbursement for
actual expenses incurred by him and upon certification and
documentation by him of such expenses. Amounts paid to any
such officer pursuant to this section shall not be reported
as income and shall not be allowed as a deduction under
title 26.
(b) For the fiscal year ending September 30, 1981, and
the succeeding fiscal year, the Secretary of the Senate
shall transfer, for each such year, $8,000 to the Expense
Allowance from ``Miscellaneous Items'' in the contingent
fund of the Senate. For the fiscal year ending September 30,
1983, and for each fiscal year thereafter, there are
authorized to be appropriated to the Expense Allowance such
funds as may be necessary to carry out the provisions of
subsection (a) of this section. (Pub. L. 97-51, Sec. 119,
Oct. 1, 1981, 95 Stat. 964; amended Pub. L. 98-63, July 30,
1983, 97 Stat. 334; Pub. L. 99-514, Sec. 2, Oct. 22, 1986,
100 Stat. 2095.)
267.2 Sec. 65d. Funds advanced by the Secretary of the Senate to
Sergeant at Arms and Doorkeeper of Senate to defray
office expenses; accountability; maximum amount;
vouchers.
From funds available for any fiscal year (commencing
with the fiscal year ending September 30, 1984), the
Secretary of the Senate shall advance to the Sergeant at
Arms and Doorkeeper of the Senate for the purpose of
defraying office expenses such sums (for which the Sergeant
at Arms and Doorkeeper shall be accountable) not in excess
of $1,000 at any one time, as such Sergeant at Arms shall
from time to time request; except that the aggregate of the
sums so advanced during the fiscal year shall not exceed
$10,000.
In accordance with the provisions of this section, a
detailed voucher shall be submitted to the Secretary of the
Senate by such Sergeant at Arms whenever necessary, in order
to replenish funds expended. (Pub. L. 98-51, Sec. 104, July
14, 1983, 97 Stat. 266.)
267.3 Sec. 65f. Funds for Secretary of the Senate to assist in
proper discharge within United States of
responsibilities to foreign parliamentary groups or
other foreign officials.
(a) On and after July 11, 1987, the Secretary of the
Senate is authorized to use any available funds (but not in
excess of $50,000 for any fiscal year), out of the
appropriation account (within the Contingent Fund of the
Senate) for the Secretary of the Senate, to assist him in
the proper discharge, within the United States, of his
appropriate responsibilities to members of foreign
parliamentary groups or other foreign officials.
(b) The provisions of subsection (a) shall be effective
in the case of expenditures for fiscal years ending after
September 30, 1986.
(c) Upon the written request of the Secretary of the
Senate, with the approval of the Committee on Appropriations
of the Senate, there shall be transferred any amount of
funds available under subsection (a) of this section
specified in the request, but not to exceed $10,000 in any
fiscal year, from the appropriation account (within the
contingent fund of the Senate) for expenses of the Office of
the Secretary of the Senate to the appropriation account for
the expense allowance of the Secretary of the Senate. Any
funds so transferred shall be available in like manner and
for the same purposes as are other funds in the account to
which the funds are transferred. (July 11, 1987, Pub. L.
100-71, Sec. 2, Title I, 101 Stat. 423; Pub. L. 102-90,
Sec. 4, Aug. 14, 1991, 105 Stat. 450; Pub. L. 105-18, Title
II, Sec. 7003(a), June 12, 1997, 111 Stat. 192.)
268 Sec. 66a. Restriction on payment of dual compensation by
Secretary of the Senate.
Unless otherwise specifically authorized by law, no part
of any appropriation disbursed by the Secretary of the
Senate shall be available for payment of compensation to any
person holding any position, for any period for which such
person received compensation for holding any other position,
the compensation for which is disbursed by the Secretary of
the Senate. (June 27, 1956, ch. 453, 70 Stat. 360.)
Cross Reference
See section 5533(c) of title 5, United States Code
(Senate Manual section 433.3).
269 Sec. 67. Clerks to Senators-elect.
A Senator entitled to receive his own salary may appoint
the usual clerical assistants allowed Senators. (June 19,
1934, ch. 648, Sec. 1, 48 Stat. 1022.)
270 Sec. 68. Payments from Senate contingent fund.
No payment shall be made from the contingent fund of the
Senate unless sanctioned by the Committee to Audit and
Control the Contingent Expenses [Committee on Rules and
Administration] of the Senate. Payments made upon vouchers
or abstracts of disbursements of salaries approved by said
Committee on Rules and Administration of the Senate, shall
be deemed, held, and taken, and are declared to be
conclusive upon all the departments and officers of the
Government: Provided, That no payment shall be made from
said contingent fund as additional salary or compensation to
any officer or employee of the Senate. (Oct. 2, 1888, ch.
1069, Sec. 1, 25 Stat. 546; Dec. 27, 1974, Pub. L. 93-554,
Title I, Ch. III, 88 Stat. 1776; Aug. 20, 1996, Pub. L. 104-
186, Title I, Sec. 105(c)(2)(A), 110 Stat. 1722.)
270.1 Sec. 68-1. Committee on Rules and Administration;
designation of Committee employees to approve vouchers
on behalf of Committee.
The Committee on Rules and Administration may authorize
its chairman to designate any employee or employees of such
Committee to approve in his behalf, all vouchers making
payments from the contingent fund of the Senate, such
approval to be deemed and held to be approval by the
Committee on Rules and Administration for all intents and
purposes. (Nov. 1, 1973, Pub. L. 93-145, Sec. 101, 87 Stat.
529; Oct. 1, 1981, Pub. L. 97-51, 95 Stat. 965; Oct 12,
1984, Pub. L. 98-473, Sec. 123A(c), 98 Stat. 1970.)
270.2 Sec. 68-2. Appropriations for contingent expenses of Senate;
restriction.
Appropriations made for contingent expenses of the
Senate shall not be used for the payment of personal
services except upon the express and specific authorization
of the Senate in whose behalf such services are rendered.
Nor shall such appropriations be used for any expenses not
intimately and directly connected with the routine
legislative business of the Senate, and the General
Accounting Office shall apply the provisions of this section
in the settlement of the accounts of expenditures from said
appropriations incurred for services or materials. (Feb. 14,
1902, ch. 17, Sec. 1, 32 Stat. 26; June 10, 1921, ch. 18,
Title III, Sec. 304, 42 Stat. 24; Aug. 20, 1996, Pub. L.
104-186, Title II, Sec. 204 (45), 110 Stat. 1737.)
270.3 Sec. 68-3. Separate accounts for ``Secretary of the Senate''
and for ``Sergeant at Arms and Doorkeeper of the
Senate''; establishment within Senate contingent fund;
inclusion of funds in existing accounts.
(a) Effective October 1, 1983--
(1) there shall be, within the contingent
fund of the Senate, a separate account for the
``Secretary of the Senate'', and a separate
account for the ``Sergeant at Arms and
Doorkeeper of the Senate'';
(2) the account for ``Automobiles and
Maintenance'', within the contingent fund of the
Senate, is abolished, and funds for the
purchase, lease, exchange, maintenance, and
operation of vehicles for the Senate shall be
included in the separate account, established by
paragraph (1), for the ``Sergeant at Arms and
Doorkeeper of the Senate''; and
(3) the account for ``Postage Stamps'',
within the contingent fund of the Senate, is
abolished; and funds for special delivery
postage of the Office of the Secretary of the
Senate shall be included in the separate
account, established by paragraph (1) for the
``Secretary of the Senate''; funds for special
delivery postage of the Sergeant at Arms and
Doorkeeper of the Senate shall be included in
the separate account, established by paragraph
(1), for the ``Sergeant at Arms and Doorkeeper
of the Senate''; and postage stamps for the
Secretaries for the Majority and the Minority
and other offices and officers of the Senate, as
authorized by law, shall be included in the
account for ``Miscellaneous Items'', within the
contingent fund of the Senate.
(b) Any provision of law which was enacted, or any
Senate resolution which was agreed to, prior to October 1,
1983, and which authorizes moneys in the contingent fund of
the Senate to be expended by or for the use of the Secretary
of the Senate, or his office (whether generally or from a
specified account within such fund) may on and after October
1, 1983, be construed to authorize such moneys to be
expended from the separate account, within such fund,
established by subsection (a)(1) for the ``Secretary of the
Senate''; and any provision of law which was enacted prior
to October 1, 1983, and which authorizes moneys in the
contingent fund of the Senate to be expended by or for the
use of the Sergeant at Arms and Doorkeeper of the Senate, or
his office (whether generally or from a specified account
within such fund) may on and after October 1, 1983, be
construed to authorize such moneys to be expended from the
separate account, within such fund, established by
subsection (a)(1) for the ``Sergeant at Arms and Doorkeeper
of the Senate''. (July 14, 1983, Pub. L. 98-51, Sec. 103, 97
Stat. 266.)
270.4 Sec. 68-5. Purchase, lease, exchange, maintenance, and
operation of vehicles out of account for Sergeant at
Arms and Doorkeeper of the Senate within contingent fund
of Senate; authorization of appropriations.
For each fiscal year (commencing with the fiscal year
ending September 30, 1985) there is authorized to be
appropriated to the account, within the contingent fund of
the Senate, for the Sergeant at Arms and Doorkeeper of the
Senate, such funds (which shall be in addition to funds
authorized to be so appropriated for other purposes) as may
be necessary for the purchase, lease, exchange, maintenance,
and operation of vehicles as follows: one for the Vice
President, one for the President pro tempore of the Senate,
one for the Majority Leader of the Senate, one for the
Minority Leader of the Senate, one for Majority Whip of the
Senate, one for the Minority Whip of the Senate, one for the
attending physician, one as authorized by Senate Resolution
90 of the 100th Congress, such number as is needed for
carrying mails, and for official use of the offices of the
Secretary of the Senate, the Sergeant at Arms and Doorkeeper
of the Senate, the Secretary for the Majority, and the
Secretary for the Minority, and such additional number as is
otherwise specifically authorized by law. (Aug. 15, 1985,
Pub. L. 99-88, Title I, Sec. 192, 99 Stat. 349; Dec. 22,
1987, Pub. L. 100-202, Sec. 3(a), 101 Stat. 1329-294.)
270.5 Sec. 68-6. Transfers from appropriations accounts for
expenses of the Office of the Secretary of the Senate
and Office of the Sergeant at Arms and Doorkeeper of the
Senate.
(a) The Secretary of the Senate is authorized, with the
approval of the Senate Committee on Appropriations, to
transfer, during any fiscal year (1) from the appropriations
account, within the contingent fund of the Senate, for
expenses of the Office of the Secretary of the Senate, such
sums as he shall specify to the Senate appropriations
account, appropriated under the headings ``Salaries,
Officers and Employees'' and ``Office of the Secretary'' and
(2) from the Senate appropriations account, appropriated
under the headings, ``Salaries, Officers and Employees'' and
``Office of the Secretary'' to the appropriations account,
within the contingent fund of the Senate, for expenses of
the Office of the Secretary of the Senate, such sums as he
shall specify; and any funds so transferred shall be
available in like manner and for the same purposes as are
other funds in the account to which the funds are
transferred.
(b) The Sergeant at Arms and Doorkeeper of the Senate is
authorized, with the approval of the Senate Committee on
Appropriations, to transfer, during any fiscal year, from
the appropriations account, within the contingent fund of
the Senate, for expenses of the Office of the Sergeant at
Arms and Doorkeeper of the Senate, such sums as he shall
specify to the appropriations account, appropriated under
the headings ``Salaries, Officers and Employees'' and
``Office of the Sergeant at Arms and Doorkeeper''; and any
funds so transferred shall be available in like manner and
for the same purposes as are other funds in the account to
which the funds are transferred. (Dec. 22, 1987, Pub. L.
100-202, Sec. 101(i) [Title I, Sec. 8], 101 Stat. 1329-295;
Pub. L. 100-458, Title I, Sec. 3, Oct. 1, 1988, 102 Stat.
2161, amended Pub. L. 101-302, Title II, Sec. 317, May 25,
1990, 104 Stat. 247.)
Historical and Statutory Notes
1990 Amendment. Subsec. (a). Pub. L. 101-302 inserted
reference to the transfer of sums from the Senate
appropriations account, appropriated under the headings
``Salaries, Officers and Employees'' and ``Office of the
Secretary'' to the appropriations account, within the
contingent fund of the Senate, for expenses of the Office of
the Secretary of the Senate.
Similar Provisions. Similar provisions were contained in
the following prior appropriations Acts: Pub. L. 100-202,
Sec. 101(i) [Title I, Sec. 8], Dec. 22, 1987, 101 Stat.
1329-295.
270.6 Sec. 68-6a. Transfers from appropriations account for
expenses of Office of Sergeant at Arms and Doorkeeper of
Senate.
The Sergeant at Arms and Doorkeeper of the Senate is
authorized, with the approval of the Senate Committee on
Appropriations, to transfer, during any fiscal year, from
the appropriations account, appropriated under the headings
``Salaries, Officers and Employees'' and ``Office of the
Sergeant at Arms and Doorkeeper'' such sums as he shall
specify to the appropriations account, within the contingent
fund of the Senate, for expenses of the Office of the
Sergeant at Arms and Doorkeeper of the Senate; and any funds
so transferred shall be available in like manner and for the
same purposes as are other funds in the account to which the
funds are transferred. (Pub. L. 101-520, Title I, Sec. 5,
Nov. 5, 1990, 104 Stat. 2258.)
270.7 Sec. 68-7. Senate Office of Public Records Revolving Fund.
(a) Establishment
There is established in the Treasury of the United
States a revolving fund within the contingent fund of the
Senate to be known as the ``Senate Office of Public Records
Revolving Fund'' (hereafter in this section referred to as
the ``revolving fund'').
(b) Source of moneys for deposit in Fund; availability of
moneys in Fund
All moneys received on and after October 1, 1989, by the
Senate Office of Public Records from fees and other charges
for services shall be deposited to the credit of the
revolving fund. Moneys in the revolving fund shall be
available without fiscal year limitation for disbursement by
the Secretary of the Senate for use in connection with the
operation of the Senate Office of Public Records including
supplies, equipment, and other expenses.
(c) Vouchers
Disbursements from the revolving fund shall be made upon
vouchers approved by the Secretary of the Senate.
(d) Regulations
The Secretary of the Senate is authorized to prescribe
such regulations as may be necessary to carry out the
provisions of this section.
(e) Transfer of moneys into Fund
To provide capital for the revolving fund, the Secretary
of the Senate is authorized to transfer, from moneys
appropriated for fiscal year 1990 to the account,
``Miscellaneous Items'' in the contingent fund of the
Senate, to the revolving fund such sum as he may determine
necessary, not to exceed $30,000. (Pub. L. 101-163, Title I,
Sec. 13, Nov. 21, 1989, 103 Stat. 1047.)
271 Sec. 68a. Materials, supplies, and fuel payments from Senate
contingent fund.
Payments from the contingent fund of the Senate for
materials and supplies (including fuel) hereafter purchased
through the Administrator of General Services shall be made
by check upon vouchers approved by the Committee on Rules
and Administration of the Senate. (July 8, 1935, ch. 374,
Sec. 1, 49 Stat. 463; Aug. 2, 1946, ch. 753, Sec. 102, 60
Stat. 814; June 30, 1949, ch. 288, Sec. 102, 63 Stat. 380.)
272 Sec. 68b. Per diem and subsistence expenses from Senate
contingent fund.\1\
\1\ Pursuant to the authority granted by section 68b the
Committee on Rules and Administration issues ``United
States Senate Travel Regulations.'' Copies of the
regulations currently in effect may be obtained from the
Committee.
No part of the appropriations made under the heading
``Contingent Expenses of the Senate'' hereafter may be
expended for per diem and subsistence expenses (as defined
in section 5701 of title 5) at rates in excess of the rates
prescribed by the Committee on Rules and Administration;
except that (1) higher rates may be established by the
Committee on Rules and Administration for travel beyond the
limits of the continental United States, and (2) in
accordance with regulations prescribed by the Committee on
Rules and Administration of the Senate, reimbursement for
such expenses may be made on an actual expense basis of not
to exceed the daily rate prescribed by the Committee on
Rules and Administration in the case of travel within the
continental limits of the United States. This paragraph
shall not apply with respect to per diem or actual travel
expenses incurred by Senators and employees in the office of
a Senator which are reimbursed under section 58 of this
title. (2 U.S.C. 58). (June 27, 1956, ch. 453, 70 Stat. 360;
Aug. 14, 1961, Pub. L. 87-139, Sec. 7, 75 Stat. 340; Nov.
10, 1969, Pub. L. 91-114, Sec. 3, 83 Stat. 190; May 19,
1975, Pub. L. 94-22, Sec. 8, 89 Stat. 86; Aug. 5, 1977, Pub.
L. 95-94, Title I, Sec. 112(e), 91 Stat. 664; Sept. 8, 1978,
Pub. L. 95-355, Title I, Sec. 103, 92 Stat. 533; July 8,
1980, Pub. L. 96-304, Title I, Sec. 102(b), 94 Stat. 889.)
273 Sec. 68c. Computation of compensation for stenographic
assistance of committees payable from Senate contingent
fund.
Compensation for stenographic assistance of committees
paid out of the items under ``Contingent Expenses of the
Senate'' hereafter shall be computed at such rates \2\ and
in accordance with such regulations as may be prescribed by
the Committee on Rules and Administration, notwithstanding,
and without regard to any other provision of law. (June 27,
1956, ch. 453, 70 Stat. 360.)
\2\ Pursuant to the authority granted by section 68c the
Committee on Rules and Administration issues
``Regulations Governing Rates Payable to Commercial
Reporting Firms for Reporting Committee Hearings in the
Senate.'' Copies of the regulations currently in effect
may be obtained from the Committee.
273.2 Sec. 68e. Advance payments by Secretary of Senate.
(a) For fiscal year 1998, and each fiscal year
thereafter, the Secretary of the Senate is authorized to
make advance payments under a contract or other agreement to
provide a service or deliver an article for the United
States Government without regard to the provisions of
section 3324 of title 31.
(b) An advance payment authorized by subsection (a)
shall be made in accordance with regulations issued by the
Committee on Rules and Administration of the Senate.
(c) The authority granted by subsection (a) shall not
take effect until regulations are issued pursuant to
subsection (b).
(Pub. L. 105-55, Title I, Sec. 1, Oct. 7, 1997, 111 Stat.
1179.)
274 Sec. 69. Expenses of committees payable from Senate
contingent fund.
When any duty is imposed upon a committee involving
expenses that are ordered to be paid out of the contingent
fund of the Senate, upon vouchers to be approved by the
chairman of the committee charged with such duty, the
receipt of such chairman for any sum advanced to him or his
order out of said contingent fund by the Secretary of the
Senate for committee expenses not involving personal
services shall be taken and passed by the accounting
officers of the Government as a full and sufficient voucher;
but it shall be the duty of such chairman, as soon as
practicable, to furnish to the Secretary of the Senate
vouchers in detail for the expenses so incurred. (June 22,
1949, ch. 235, Sec. 101, 63 Stat. 218.)
Cross Reference
Payments from contingent fund of Senate not to be made
unless sanctioned, the vouchers of which are declared
conclusive upon all departments of Government, see section
68 of this title (Senate Manual section 270).
274.4 Sec. 69-1. Availability of funds for franked mail expenses.
Funds in the account, within the contingent fund of the
Senate, available for the expenses of inquiries and
investigations shall be available for franked mail expenses
incurred by committees of the Senate the other expenses of
which are paid from that account.
(Pub. L. 105-55, Title I, Sec. 6(b), Oct. 7, 1997, 111 Stat.
1181.)
274.5 Sec. 69a. Orientation seminars, etc.
Effective July 1, 1979, there is authorized an expense
allowance for the Office of the Secretary of the Senate and
the Office of Sergeant at Arms and Doorkeeper of the Senate
which shall not exceed $10,000 each fiscal year for each
such office. Payments made under this section shall be
reimbursements only for actual expenses (including meals and
food-related expenses) incurred in the course of conducting
orientation seminars for Senators, Senate officials, or
members of the staffs of Senators or Senate officials, and
other similar meetings, in the Capitol Building or the
Senate Office Buildings. Such payments shall be made upon
certification and documentation of such expenses by the
Secretary and Sergeant at Arms, respectively, and shall be
made out of the contingent fund of the Senate upon vouchers
signed by the Secretary and the Sergeant at Arms,
respectively. Amounts received as reimbursement of such
expenses shall not be reported as income, and the expenses
so reimbursed shall not be allowed as a deduction, under
title 26. (July 25, 1979, Pub. L. 96-38, Title I,
Sec. 107(a), 93 Stat. 112; Aug. 15, 1985, Pub. L. 99-88,
Sec. 193, 99 Stat. 349; Dec. 22, 1987, Pub. L. 100-202,
Sec. 6, 101 Stat. 1329-294; Pub. L. 102-392, Title I,
Sec. 3, Oct. 6, 1992, 106 Stat. 1706.)
274.6 Sec. 69b. Senate Leader's Lecture Series.
(a) There is established the Senate Leader's Lecture
Series (hereinafter referred to as the ``lecture series'').
Expenses incurred in connection with the lecture series
shall be paid from the appropriations account ``Secretary of
the Senate'' within the contingent fund of the Senate and
shall not exceed $30,000 in any fiscal year.
(b) Payments for expenses in connection with the lecture
series may cover expenses incurred by speakers, including
travel, subsistence, and per diem, and the cost of
receptions, including food, food related items, and
hospitality.
(c) Payments for expenses of the lecture series shall be
made on vouchers approved by the Secretary of the Senate.
(d) This section is effective on and after October 1,
1997.
(Pub. L. 105-275, Title I, Sec. 5, Oct. 21, 1998, 112 Stat.
2433.)
275 Sec. 72a. Committee staffs--
(a) Appointment of professional members; number,
qualifications; termination of employment
(Made inapplicable by sec. 2 of S. Res. 274, 96th
Congress.)
(b) Professional members for Committee on Appropriations;
examinations of executive agencies' operations
(Made inapplicable with respect to the Senate by sec. 2
of S. Res. 274, 96th Congress.)
(c) Clerical employees; appointment; number, duties;
termination of employment
(Made inapplicable by sec. 2 of S. Res. 274, 96th
Congress.)
(d) Recordation of committee hearings, data, etc.; access to
records
(Made inapplicable by sec. 2 of S. Res. 274, 96th
Congress. For rule on same, see Senate Manual section
26.10a.)
(e) Repealed
(f) Limitations on appointment of professional members
(Made inapplicable with respect to the Senate by sec. 2
of S. Res. 274, 96th Congress. For rule on same, see Senate
Manual section 27.4.)
(g) Appointments when no vacancy exists; payment from
contingent fund of the Senate
(Made inapplicable by sec. 2 of S. Res. 274, 96th
Congress.)
(h) Salary rates, assignments of facilities and
accessibility of committee records for minority staff
appointees
(Made inapplicable by sec. 2 of S. Res. 274, 96th
Congress. For rule on same, see Senate Manual section 27.1.)
275.9 (i) Consultants for Senate and House standing committees;
procurement of temporary or intermittent services;
contracts; advertisement requirements inapplicable;
selection method; qualifications report to congressional
committees
(1) Each standing committee of the Senate or House of
Representatives is authorized, with the approval of the
Committee on Rules and Administration in the case of
standing committees of the Senate, or the Committee on House
Oversight in the case of standing committees of the House of
Representatives, within the limits of funds made available
from the contingent fund of the Senate or the applicable
accounts of the House of Representatives pursuant to
resolutions, which, in the case of the Senate, shall specify
the maximum amounts which may be used for such purpose,
approved by the appropriate House, to procure the temporary
services (not in excess of one year) or intermittent
services of individual consultants, or organizations
thereof, to make studies or advise the committee with
respect to any matter within its jurisdiction or with
respect to the administration of the affairs of the
committee.
(2) Such services in the case of individuals or
organizations may be procured by contract as independent
contractors, or in the case of individuals by employment at
daily rates of compensation not in excess of the per diem
equivalent of the highest gross rate of compensation which
may be paid to a regular employee of the committee. Such
contracts shall not be subject to the provisions of section
5 of title 41 or any other provision of law requiring
advertising.
(3) With respect to the standing committees of the
Senate, any such consultant or organization shall be
selected by the chairman and ranking minority member of the
committee, acting jointly. With respect to the standing
committees of the House of Representatives, the standing
committee concerned shall select any such consultant or
organization. The committee shall submit to the Committee on
Rules and Administration in the case of standing committees
of the Senate, and the Committee on House Oversight in the
case of standing committees of the House of Representatives,
information bearing on the qualifications of each consultant
whose services are procured pursuant to this subsection,
including organizations, and such information shall be
retained by that committee and shall be made available for
public inspection upon request.
275.10 (j) Specialized training for professional staffs of Senate
and House standing committees, Senate Appropriations
Committee, Senate Majority and Minority Policy
Committees, and joint committees whose funding is
disbursed by the Secretary of the Senate or the Chief
Administrative Officer of the House; assistance: pay,
tuition, etc. while training; continued employment
agreement; service credit: retirement, life insurance
and health insurance
(1) Each standing committee of the Senate or House of
Representatives is authorized, with the approval of the
Committee on Rules and Administration in the case of
standing committees of the Senate, and the committee
involved in the case of standing committees of the House of
Representatives, and within the limits of funds made
available from the contingent fund of the Senate or the
applicable accounts of the House of Representatives pursuant
to resolutions, which, in the case of the Senate, shall
specify the maximum amounts which may be used for such
purpose, approved by the appropriate House, to provide
assistance for members of its professional staff in
obtaining specialized training, whenever that committee
determines that such training will aid the committee in the
discharge of its responsibilities. Any joint committee of
the Congress whose expenses are paid out of funds disbursed
by the Secretary of the Senate or by the Chief
Administrative Officer of the House, the Committee on
Appropriations of the Senate, and the Majority Policy
Committee and Minority Policy Committee of the Senate are
each authorized to expend, for the purpose of providing
assistance in accordance with paragraphs (2), (3), and (4)
of this subsection for members of its staff in obtaining
such training, any part of amounts appropriated to that
committee.
(2) Such assistance may be in the form of continuance of
pay during periods of training or grants of funds to pay
tuition, fees, or such other expenses of training, or both,
as may be approved by the Committee on Rules and
Administration or the Committee on House Administration, as
the case may be.
(3) A committee providing assistance under this
subsection shall obtain from any employee receiving such
assistance such agreement with respect to continued
employment with the committee as the committee may deem
necessary to assure that it will receive the benefits of
such employee's services upon completion of his training.
(4) During any period for which an employee is separated
from employment with a committee for the purpose of
undergoing training under this subsection, such employee
shall be considered to have performed service (in a nonpay
status) as an employee of the committee at the rate of
compensation received immediately prior to commencing such
training (including any increases in compensation provided
by law during the period of training) for the purposes of--
(A) subchapter III (relating to civil
service retirement) of chapter 83 of title 5,
(B) chapter 87 (relating to Federal
employees group life insurance) of title 5, and
(C) chapter 89 (relating to Federal
employees group health insurance) of title 5.
(Aug. 2, 1946, ch. 753, Sec. 202, 60 Stat. 834;
July 30, 1947, ch. 361, Sec. 101, 61 Stat. 611;
Feb. 24, 1949, ch. 8, 63 Stat. 6; Aug. 5, 1955,
ch. 568, Sec. 12, 69 Stat. 509; June 20, 1958,
Pub. L. 85-462, Sec. 4(o), 72 Stat. 209; Oct.
26, 1970, Pub. L. 91-510, Sec. Sec. 301, 303-
304, 84 Stat. 1175; Oct. 11, 1971, Pub. L. 92-
136, Sec. 5, 85 Stat. 378; Oct. 1, 1988, Pub. L.
100-458, Sec. 312, 102 Stat. 2184 Pub. L. 104-
186, Title II, Sec. 204(10-11), Aug. 20, 1996,
110 Stat. 1731; Pub. L. 105-55, Title I,
Sec. 105(a), Oct. 7, 1997, 111 Stat. 1184.)
277 Sec. 72a-1e. Assistance to Senators with committee
memberships by employees in office of Senator.
(1) A Senator may designate employees in his office to
assist him in connection with his membership on committees
of the Senate. An employee may be designated with respect to
only one committee.
(2) An employee designated by a Senator under this
section shall be certified by him to the chairman and
ranking minority member of the committee with respect to
which such designation is made. Such employee shall be
accorded all privileges of a professional staff member
(whether permanent or investigatory) of such committee
including access to all committee sessions and files, except
that any such committee may restrict access to its sessions
to one staff member per Senator at a time and require, if
classified material is being handled or discussed, that any
staff member possess the appropriate security clearance
before being allowed access to such material or to
discussion of it. Nothing contained in this paragraph shall
be construed to prohibit a committee from adopting policies
and practices with respect to the application of this
section which are similar to the policies and practices
adopted with respect to the application of section 705(c)(1)
of Senate Resolution 4, 95th Congress, and section 72a-
1d(c)(1) of this title.
(3) A Senator shall notify the chairman and ranking
minority member of a committee whenever a designation of an
employee under this section with respect to such committee
is terminated. (Pub. L. 95-94, Title I, Sec. 111(c), Aug. 5,
1977, 91 Stat. 662.)
278 Sec. 72a-1g. Referral of ethics violations by the Senate
Ethics Committee to the General Accounting Office for
investigation.
If the Committee on Ethics of the Senate determines that
there is a reasonable basis to believe that a Member,
officer, or employee of the Senate may have committed an
ethics violation, the committee may request the Office of
Special Investigations of the General Accounting Office to
conduct factfinding and an investigation into the matter.
The Office of Special Investigations shall promptly
investigate the matter as directed by the committee. (Pub.
L. 101-194, Title V, Sec. 501, Nov. 30, 1989, 103 Stat.
1753.)
278.1 Sec. 72d. Committee on Appropriations; discretionary powers.
(a) The Committee on Appropriations is authorized in its
discretion--
(1) to hold hearings, report such hearings,
and make investigations as authorized by
paragraph 1 of rule XXVI of the Standing Rules
of the Senate;
(2) to make expenditures from the contingent
fund of the Senate;
(3) to employ personnel;
(4) with the prior consent of the Government
department or agency concerned and the Committee
on Rules and Administration to use, on a
reimbursable or nonreimbursable basis, the
services of personnel of any such department or
agency;
(5) to procure the services of individual
consultants, or organizations thereof (as
authorized by section 72a(i) of this title and
Senate Resolution 140, agreed to May 14, 1975);
and
(6) to provide for the training of the
professional staff of such committee (under
procedures specified by section 72a(j) of this
title).
(b) Senate Resolution 54, agreed to February 13, 1997,
is amended by striking section 4.
(c) This section shall be effective on and after October
1, 1998, or the date of enactment of this Act (October 21,
1998), whichever is later.
(Pub. L. 105-275, Title I, Sec. 10, Oct. 21, 1998, 112 Stat.
2435.)
278.2 Sec. 72d-1. Transfer of funds from the appropriation
accounts for salaries or expenses for the Appropriations
Committee of the Senate.
(a)(1) The Chairman of the Appropriations Committee of
the Senate may, during any fiscal year, at his or her
election transfer funds from the appropriation account for
salaries for the Appropriations Committee of the Senate, to
the account, within the contingent fund of the Senate, from
which expenses are payable for such committee.
(2) The Chairman of the Appropriations Committee of the
Senate may, during any fiscal year, at his or her election
transfer funds from the appropriation account for expenses,
within the contingent fund of the Senate, for the
Appropriations Committee of the Senate, to the account from
which salaries are payable for such committee.
(b) Any funds transferred under this section shall be--
(1) available for expenditure by such
committee in like manner and for the same
purposes as are other moneys which are available
for expenditure by such committee from the
account to which the funds were transferred; and
(2) made at such time or times as the
Chairman shall specify in writing to the Senate
Disbursing Office.
(c) This section shall take effect on October 1, 1998,
and shall be effective with respect to fiscal years
beginning on or after that date.
(Pub. L. 105-275, Title I, Sec. 11, Oct. 21, 1998, 112 Stat.
2435.)
280 Sec. 74b. Employment of additional administrative
assistants.
The Secretary of the Senate is authorized to employ such
administrative assistants as may be necessary in order to
carry out the provisions of this Act under the jurisdiction
of the Secretary. (Aug. 2, 1946, ch. 753, Sec. 244, 60 Stat.
839; Aug. 20, 1996, Pub. L. 104-186, Title II, Sec. 204(18),
110 Stat. 1732.)
281 Sec. 88a. Education of Congressional and Supreme Court
pages; appropriations; attendance at private or
parochial schools. Repealed. (Pub. L. 104-186, Title II,
Sec. 204(34)(A), Aug. 20, 1996, 110 Stat. 1734.)
282 Sec. 88b. Education of other minors who are Senate
employees.
The facilities provided for the education of
Congressional and Supreme Court pages shall be available
from and after January 2, 1947, also for the education of
such other minors who are Senate employees as may be
certified by the Secretary of the Senate to receive such
education. (Mar. 22, 1947, ch. 20, Title I, 61 Stat. 16;
Pub. L. 98-367, Title I, Sec. 103, July 17, 1984, 98 Stat.
479; Pub. L. 104-186, Title II, Sec. 204(35), Aug. 20, 1996,
110 Stat. 1735.)
283 Sec. 88b-1. Congressional pages.
(a) Appointment conditions
A person shall not be appointed as a page of the Senate
or House of Representatives--
(1) unless he agrees that, in the absence of
unforeseen circumstances preventing his service
as a page after his appointment, he will
continue to serve as a page for a period
specified in writing at the time of the
appointment; and
(2) until complete information in writing is
transmitted to his parent or parents, his legal
guardian, or other appropriate person or persons
acting as his parent or parents, with respect to
the nature of the work of pages, their pay,
their working conditions (including hours and
scheduling of work), and the housing
accommodations available to pages.
(b) Qualifications
A person shall not serve as a page--
(1) of the Senate before he has attained the
age of fourteen years; or
(2) of the House of Representatives before
he has attained the age of sixteen years.
(Pub. L. 91-510, Title IV, Sec. 491(a)-(d), Oct. 26, 1970,
84 Stat. 1198; Pub. L. 97-51, Sec. 101(c), 123, Oct. 1,
1981, 95 Stat. 959, 965; Pub. L. 104-186, Title II,
Sec. 204(36), Aug. 20, 1996, 110 Stat. 1735.)
Codification
Repeal of subsecs. (c) and (d) of this section is based
on section 304(a) of H.R. 4120, as reported July 9, 1981,
which was enacted into permanent law by section 101(c) of
Pub. L. 97-51 and amended by section 123 of Pub. L. 97-51.)
284 Sec. 88b-7. Daniel Webster Senate Page Residence Revolving
Fund
(a) Establishment.
There is established in the Treasury of the United
States a revolving fund within the contingent fund of the
Senate to be known as the Daniel Webster Senate Page
Residence Revolving Fund (hereafter referred to in this
section as the ``fund''). The fund shall consist of all
rental payments and other moneys collected or received by
the Sergeant at Arms with regard to the Daniel Webster
Senate Page Residence. All moneys in the fund shall be
available without fiscal year limitation for disbursement by
the Secretary of the Senate in connection with operation and
maintenance of the Daniel Webster Senate Page Residence not
normally performed by the Architect of the Capitol. In
addition, such moneys may be used by the Sergeant at Arms to
purchase food and food related items and fund activities for
the pages.
(b) Deposit of moneys
All moneys received from rental payments and other
moneys (including donated moneys) collected or received by
the Sergeant at Arms with regard to the Daniel Webster
Senate Page Residence shall be deposited in the fund and
shall be available for purposes of this section.
(c) Vouchers
Disbursements from the fund shall be made upon vouchers
approved by the Sergeant at Arms, or the designee of the
Sergeant at Arms.
(d) Regulations
The Sergeant at Arms is authorized to prescribe such
regulations as may be necessary to carry out the provisions
of this section and to provide for the operations of the
Daniel Webster Senate Page Residence. (Pub. L. 103-283,
Title I, Sec. 4, July 22, 1994, 108 Stat. 1427; Pub. L. 104-
53, Title I, Sec. 6, Nov. 19, 1995, 109 Stat. 518.)
285 Sec. 101. Subletting duties of employees of Senate or House
of Representatives.
No employee of Congress, either in the Senate or House,
shall sublet to, or hire, another to do or perform any part
of the duties or work attached to the position to which he
was appointed. (Mar. 2, 1895, ch. 177, Sec. 1, 28 Stat.
771.)
287 Sec. 102a. Withdrawal of unexpended balances of
appropriations.
Notwithstanding the provisions of any other law, the
unexpended balances of appropriations for the fiscal year
1955 and succeeding fiscal years which are subject to
disbursement by the Secretary of the Senate or the Chief
Administrative Officer of the House of Representatives shall
be withdrawn as of June 30 of the second fiscal year
following the year for which provided, except that the
unexpended balances of such appropriations for the period
commencing on July 1, 1976, and ending on September 30,
1976, and for each fiscal year beginning on or after October
1, 1976, shall be withdrawn as of September 30 of the second
fiscal year following the period or year for which provided.
Unpaid obligations chargeable to any of the balances so
withdrawn or appropriations for prior years shall be
liquidated from any appropriations for the same general
purpose, which, at the time of payment, are available for
disbursement. (June 21, 1957, Pub. L. 85-58, 71 Stat. 190;
June 1, 1976, Pub. L. 94-303, Sec. 118, 90 Stat. 615; Pub.
L. 104-186, Title II, Sec. 204 (53), Aug. 20, 1996, 110
Stat. 1737.)
288 Sec. 104a. Semiannual statements of expenditures by
Secretary of Senate and Chief Administrative Officer of
House.
(1) Commencing with the semiannual period beginning on
July 1, 1964, and ending on December 31, 1964, and for each
semiannual period thereafter, the Secretary of the Senate
and the Chief Administrative Officer of the House of
Representatives shall compile, and, not later than sixty
days following the close of the semiannual period, submit to
the Senate and House of Representatives, respectively, and
make available to the public, in lieu of the reports and
information required by sections 102, 103, and 104 of this
title, and S. Res. 139, Eighty-sixth Congress, a report
containing a detailed statement, by items, of the manner in
which appropriations and other funds available for
disbursement by the Secretary of the Senate or the Chief
Administrative Officer of the House of Representatives, as
the case may be, have been expended during the semiannual
period covered by the report, including (1) the name of
every person to whom any part of such appropriation has been
paid, (2) if for anything furnished, the quantity and price
thereof, (3) if for services rendered, the nature of the
services, the time employed, and the name, title, and
specific amount paid to each person, and (4) a complete
statement of all amounts appropriated, received, or
expended, and any unexpended balances. Such reports shall
include the information contained in statements of
accountability and supporting vouchers submitted to the
General Accounting Office pursuant to the provisions of
section 3523(a) of title 31. Notwithstanding the foregoing
provisions of this section, in any case in which the voucher
or vouchers covering payment to any person for attendance as
a witness before any committee of the Senate or House of
Representatives, or any subcommittee thereof, during any
semiannual period, indicate that all appearances of such
person covered by such voucher or vouchers were as a witness
in executive session of the committee or subcommittee,
information regarding such payment, except for date of
payment, voucher number, and amount paid, shall not be
included in the report compiled pursuant to this subsection
for such semiannual period. Any information excluded from a
report for any semiannual period by reason of the foregoing
sentence shall be included in the report compiled pursuant
to this subsection for the succeeding semiannual period.
Reports required to be submitted to the Senate and the House
of Representatives under this section shall be printed as
Senate and House documents, respectively.
(2) The report by the Secretary of the Senate under
paragraph (1) for the semiannual period beginning on January
1, 1976, shall include the period beginning on July 1, 1976,
and ending on September 30, 1976, and such semiannual period
shall be treated as closing on September 30, 1976.
Thereafter, the report by the Secretary of the Senate under
paragraph (1) shall be for the semiannual periods beginning
on October 1, and ending on March 31 and beginning on April
1 and ending on September 30 of each year.
(3) The report requirement relating to quantity, as
contained in subparagraph (2) of paragraph (1), does not
apply with respect to the Senate.
(4) Each report by the Secretary of the Senate required
by paragraph (1) shall contain a separate summary of Senate
accounts statement for each office of the Senate authorized
to obligate appropriated funds, including each Senator's
office, each officer of the Senate, and each committee of
the Senate. The summary of Senate accounts statement shall
include--
(A) the total amount of appropriations made
available or allocated to the office;
(B) any supplemental appropriation, transfer
of funds, or rescission and the effect of such
action on the appropriation or allocation to the
office;
(C) total expenses incurred for salary and
office expenses; and
(D) the unexpended balance. (Pub. L. 88-454,
Sec. 105(a), Aug. 20, 1964, 78 Stat. 550; Pub.
L. 88-656, Oct. 13, 1964, 78 Stat. 1088; Pub. L.
94-303, Title I, Sec. 118(b)(1), June 1, 1976,
90 Stat. 615; Pub. L. 102-392, Title I, Sec. 6,
Oct. 6, 1992, 106 Stat. 1707; Pub. L. 103-283,
Title I, Sec. 3(a), July 22, 1994, 108 Stat.
1426; Pub. L. 104-186, Title II, Sec. 204(54),
Aug. 20, 1996, 110 Stat. 1738.)
290 Sec. 105. Preparation and contents of statement of
appropriations.
The statement of all appropriations made during each
session of Congress shall be prepared under the direction of
the Committees on Appropriations of the Senate and House of
Representatives, and said statement shall contain a
chronological history of the regular appropriation bills
passed during the session for which it is prepared. The
statement shall indicate the amount of contracts authorized
by the appropriation Acts in addition to appropriations made
therein, and shall also contain specific reference to all
indefinite appropriations made each session and shall
contain such additional information concerning estimates and
appropriations as the committees may deem necessary. (Oct.
19, 1888, ch. 1210, Sec. 1, 25 Stat. 587; July 19, 1897, ch.
9, Sec. 1, 30 Stat. 136; June 7, 1924, ch. 303, Sec. 1, 43
Stat. 586.)
291 Sec. 106. Stationery for Senate; advertisements for.
The Secretary of the Senate shall annually advertise,
once a week for at least four weeks, in one or more of the
principal papers published in the District of Columbia, for
sealed proposals for supplying the Senate during the next
session of Congress with the necessary stationery. The
advertisement must describe the kind of stationery required,
and must require the proposals to be accompanied with
sufficient security for their performance. (R.S. Sec. 65,
66; Feb. 18, 1875, ch. 80, Sec. 1, 18 Stat. 316; Pub. L.
104-186, Title II, Sec. 204(55), Aug. 20, 1996, 110 Stat.
1738.)
292 Sec. 107. Opening bids for Senate and House stationery;
awarding contracts.
All such proposals shall be kept sealed until the day
specified in such advertisement for opening the same, when
the same shall be opened in the presence of at least two
persons, and the contract shall be given to the lowest
bidder, provided he shall give satisfactory security to
perform the same, under a forfeiture not exceeding double
the contract price in case of failure; and in case the
lowest bidder shall fail to enter into such contract and
give such security, within a time to be fixed in such
advertisement, then the contract shall be given to the next
lowest bidder, who shall enter into such contract, and give
such security. And in case of failure by the person entering
into such contract to perform the same, he and his sureties
shall be liable for the forfeiture specified in such
contract, as liquidated damages, to be sued for in the name
of the United States. (R.S. Sec. 67; Feb. 18, 1875, ch. 80,
Sec. 1, 18 Stat. 316.)
293 Sec. 108. Contracts for separate parts of stationery.
Sections 106 and 107 of this title shall not prevent the
Secretary from contracting for separate parts of the
supplies of stationery required to be furnished. (R.S.
Sec. 68, Pub. L. 104-186, Title II, Sec. 204(56), Aug. 20,
1996, 110 Stat. 1738.)
Cross Reference
See note under section 106 of this title (Senate Manual
section 291).
294 Sec. 109. American goods to be preferred in purchases for
Senate and House of Representatives.
The Secretary of the Senate and the Chief Administrative
Officer of the House of Representatives shall, in disbursing
the public moneys for the use of the two Houses,
respectively, purchase only articles the growth and
manufacture of the United States, provided the articles
required can be procured of such growth and manufacture upon
as good terms as to quality and price as are demanded for
like articles of foreign growth and manufacture. (R.S.
Sec. 69; Aug. 20, 1996, Pub. L. 104-186, Title II,
Sec. 204(57), 110 Stat. 1738.)
295 Sec. 110. Purchase of paper, envelopes, etc., for stationery
rooms of Senate and House of Representatives.
Paper, envelopes, and blank books required by the
stationery rooms of the Senate and House of Representatives
for sale to Senators and Members for official use may be
purchased from the Public Printer at actual cost thereof and
payment therefor shall be made before delivery. (June 5,
1920, ch. 253, Sec. 1, 41 Stat. 1036.)
296 Sec. 111. Purchase of supplies for Senate and House of
Representatives.
Supplies for use of the Senate and the House of
Representatives may be purchased in accordance with the
schedule of contract articles and prices of the
Administrator of General Services. (June 5, 1920, ch. 253,
Sec. 1, 41 Stat. 1036; June 10, 1933, Ex. Ord. No. 6166,
Sec. 1; June 30, 1949, ch. 288, Sec. 102, 63 Stat. 380.)
296.1 Sec. 111a. Receipts from sales of items by Sergeant at Arms
and Doorkeeper of Senate, to Senators, etc., to be
credited to appropriation from which purchased.
In any case in which appropriated funds are used by a
Senator or a committee or office of the Senate to purchase
from the Sergeant at Arms and Doorkeeper of the Senate items
which were purchased by him from the appropriation for
``miscellaneous items'' under ``Contingent Expenses of the
Senate'' in any appropriation Act, the amounts received by
the Sergeant at Arms and Doorkeeper shall be deposited in
the Treasury of the United States for credit to such
appropriation. This section does not apply to amounts
received from the sale of used or surplus furniture and
equipment. (Pub. L. 96-214, Mar. 24, 1980, 94 Stat. 122.)
297 Sec. 112. Purchases of stationery and materials for folding.
Purchases of stationery and materials for folding shall
be made in accordance with sections 106-109 of this title.
All contracts and bonds for purchases made under the
authority of this section shall be filed with the Committee
on Rules and Administration of the Senate. (Mar. 3, 1887,
ch. 392, Sec. 1, 24 Stat. 596; Aug. 2, 1946, ch. 753,
Sec. Sec. 102, 121, 60 Stat. 814, 822; Aug. 20, 1996, Pub.
L. 104-186, Title II, Sec. 204(58), 110 Stat. 1738.)
298 Sec. 113. Detailed reports of receipts and expenditures by
Secretary of Senate and Chief Administrative Officer of
House of Representatives.\1\
\1\ Superseded by section 105(a) of Pub. L. 88-454, Aug.
20, 1964, 78 Stat. 550, as amended. See Senate Manual
section 288.
The Secretary of the Senate and the Chief Administrative
Officer of the House of Representatives, respectively, shall
report to Congress on the first day of each regular session,
and at the expiration of their terms of service, a full and
complete statement of all their receipts and expenditures as
such officers, showing in detail the items of expense,
classifying them under the proper appropriations, and also
showing the aggregate thereof, and exhibiting in a clear and
concise manner the exact condition of all public moneys by
them received, paid out, and remaining in their possession
as such officers. (R.S. Sec. 70; Aug. 20, 1996, Pub. L. 104-
186, Title II Sec. 204(60), 110 Stat. 1738.)
299 Sec. 114. Fees for copies from Senate journals.
The Secretary of the Senate is entitled, for
transcribing and certifying extracts from the Journal of the
Senate or the executive Journal of the Senate when the
injunction of secrecy has been removed, except when such
transcripts are required by an officer of the United States
in a matter relating to the duties of his office, to receive
from the persons for whom such transcripts are prepared the
sum of 10 cents for each sheet containing one hundred words.
(R.S. Sec. 71; Pub. L. 104-186, Title II, Sec. 204(61), Aug.
20, 1996, 110 Stat. 1738.)
300 Sec. 117. Sale of waste paper and condemned furniture.
It shall be the duty of the Secretary and Sergeant at
Arms of the Senate to cause to be sold all waste paper and
useless documents and condemned furniture that may
accumulate, in their respective departments or offices,
under the direction of the Committee on Rules and
Administration of the Senate and cover the proceeds thereof
into the Treasury. (Aug. 7, 1882, ch. 433, Sec. 1, 22 Stat.
337; May 29, 1928, ch. 901, Sec. 1(122), 45 Stat. 995; Pub.
L. 104-186, Title II, Sec. 204(62), Aug. 20, 1996, 110 Stat.
1739.)
117b. Disposal of used or surplus furniture and equipment.
Effective October 1, 1981, the Sergeant at Arms and
Doorkeeper of the Senate is authorized to dispose of used or
surplus furniture and equipment by trade-in or by sale
directly or through the General Services Administration.
Receipts from the sale of such furniture and equipment shall
be deposited in the United States Treasury for credit to the
appropriation for ``Miscellaneous Items'' under the heading
``Contingent Expenses of the Senate''. (Oct. 1, 1981, Pub.
L. 97-51, Sec. 118, 95 Stat. 964.)
Sec. 117b-1. Receipts from sale of used or surplus furniture
and furnishings of Senate.
On and after October 1, 1982, receipts from the sale of
used or surplus furniture and finishings shall be deposited
in the United States Treasury for credit to the
appropriation for ``Senate Office Buildings'' under the
heading ``Architect of the Capitol.'' (Oct. 2, 1982, Pub. L.
97-276, Sec. 101(e), 96 Stat. 1189.)
300.1 Sec. 117b-2. Transfer of excess or surplus educationally
useful equipment to public schools.
(a) Authorization
The Sergeant at Arms and Doorkeeper of the Senate may
directly, or through the General Services Administration,
transfer title to excess or surplus educationally useful
equipment to a public school. Any such transfer shall be
completed at the lowest possible cost to the public school
and the Senate.
(b) Regulations
The Committee on Rules and Administration of the Senate
shall prescribe regulations to carry out the provisions of
this section.
(c) Deposit of receipts
Receipts from reimbursements for the costs of transfer
of excess or surplus educationally useful equipment under
this section, shall be deposited in the United States
Treasury for credit to the account for the ``Sergeant at
Arms and Doorkeeper of the Senate'' within the contingent
fund of the Senate.
(d) Definitions
For the purposes of this section:
(1) The term ``public school'' means a
public elementary or secondary school as such
terms are defined in section 8801 of title 20.
(2) The term ``educationally useful
equipment'' means computers and related
peripheral tools, including printers, modems,
routers, servers, computer keyboards, scanners,
and other telecommunications and research
equipment, that are appropriate for use in
public school education.
(e) Effective date
This section shall take effect beginning with fiscal
year 1997 and shall be effective each fiscal year
thereafter. (Pub. L. 104-197, Title I, Sec. 5, Sept. 16,
1996, 110 Stat. 2397.)
301 Sec. 118. Actions against officers for official acts.\1\
\1\ Rule 69(b) of Federal Rules of Civil Procedure
provides as to judgments against public officers.
In any action brought against any person for or on
account of anything done by him while an officer of either
House of Congress in the discharge of his official duty, in
executing any order of such House, the United States
attorney for the district within which the action is
brought, on being thereto requested by the officer sued,
shall enter an appearance in behalf of such officer; and all
provisions of the eighth section of the Act of July 28,
1866, entitled ``An Act to protect the revenue, and for
other purposes'', and also all provisions of the sections of
former Acts therein referred to, so far as the same relate
to the removal of suits, the withholding of executions, and
the paying of judgments against revenue or other officers of
the United States, shall become applicable to such action
and to all proceedings and matters whatsoever connected
therewith, and the defense of such action shall thenceforth
be conducted under the supervision and direction of the
Attorney General. (Mar. 3, 1875, ch. 130, Sec. 8, 18 Stat.
401; June 25, 1948, ch. 646, Sec. 1, 62 Stat. 909.)
301.5 Sec. 118a. Officers of Senate.
Section 118 of this title shall not apply to officers of
the Senate. (Pub. L. 95-521, Title VII, Sec. 714(d), Oct.
26, 1978, 92 Stat. 1884.)
302 Sec. 119. Stationery rooms of House and Senate;
specifications of classes of articles purchasable.
The Committee on House Oversight of the House of
Representatives and the Committee on Rules and
Administration of the Senate, respectively, shall make and
issue regulations specifying the classes of articles which
may be purchased by or through the stationery rooms of the
House and Senate. (May 13, 1926, ch. 294, Sec. 2, 44 Stat.
552; Aug. 2, 1946, ch. 753, Sec. Sec. 102, 121, 60 Stat.
814, 822; Aug. 20, 1996, Pub. L. 104-186, Title II,
Sec. 204(65), 110 Stat. 1739.)
304 Sec. 121. Senate restaurant for deficit fund; deposits of
proceeds from surcharge on orders.
The Committee on Rules and Administration of the United
States Senate is authorized and directed hereafter to add a
minimum of 10 per centum to each order in excess of 10 cents
served in the Senate restaurants and 20 per centum to all
orders served outside of said restaurants, and the proceeds
accruing therefrom shall be placed in a fund to be used in
the payment of any deficit incurred in the management of
such kitchens and restaurants. (May 18, 1937, ch. 223,
Sec. 1, 50 Stat. 173; Aug. 2, 1946, ch. 753, Sec. 102, 60
Stat. 814.)
Cross Reference
For jurisdiction over, and management of, Senate
restaurants, see section 174j-1 of title 40, United States
Code (Senate Manual section 518).
304.5 Sec. 12lb-1. Senate Hair Care Services; personnel; revolving
fund.
(a) The Sergeant at Arms and Doorkeeper of the Senate is
authorized to appoint and fix the compensation of such
employees as may be necessary to operate Senate Hair Care
Services.
(b) There is established in the Treasury of the United
States within the contingent fund of the Senate a revolving
fund to be known as the Senate Hair Care Services Revolving
Fund (hereafter in this section referred to as the
``revolving fund'').
(c)(1) All moneys received by Senate Hair Care Services
from fees for services or from any other source shall be
deposited in the revolving fund.
(2) Moneys in the revolving fund shall be available
without fiscal year limitation for disbursement by the
Secretary of the Senate--
(A) for the payment of salaries and agency
contributions of employees of Senate Hair Care
Services; and
(B) for necessary supplies, equipment, and
other expenses of Senate Hair Care Services.
(3) The provisions of section 193(d) of title 40, except
for the provisions relating to solicitation, shall not apply
to any activity carried out pursuant to this section,
subject to approval of such activities by the Committee on
Rules and Administration.
(d) Disbursements from the revolving fund shall be made
upon vouchers signed by the Sergeant at Arms and Doorkeeper
of the Senate, except that vouchers shall not be required
for the disbursement of salaries paid at an annual rate.
(e) At the direction of the Committee on Rules and
Administration, the Secretary of the Senate shall withdraw
from the revolving fund and deposit in the Treasury of the
United States as miscellaneous receipts all moneys in the
revolving fund that the Committee may determine are in
excess of the current and reasonably foreseeable needs of
Senate Hair Care Services.
(f) The Sergeant at Arms and Doorkeeper of the Senate
are authorized to prescribe such regulations as may be
necessary to carry out the provisions of this section,
subject to the approval of the Committee on Rules and
Administration.
(g) There is transferred to the revolving fund
established by this section any unobligated balance in the
fund established by section 121a of this title on the
effective date of this section.
(h) Omitted.
(i) This section shall be effective on and after October
1, 1998, or 30 days after the enactment of this Act (October
21, 1998), whichever is later.
(Pub. L. 105-275, Title I, Sec. 6, Oct. 21, 1998, 112 Stat.
2434; Pub. L. 106-57, Title I, Sec. 4, Sept. 29, 1999, 113
Stat. 412.)
304.7 Sec. 121c. Office of Senate Health Promotion.
(a) Establishment
The Sergeant at Arms and Doorkeeper of the Senate is
authorized to establish an Office of Senate Health
Promotion.
(b) Fees, assessments, and charges
(1) In carrying out this section, the Sergeant at Arms
and Doorkeeper of the Senate is authorized to establish, or
provide for the establishment of, exercise classes and other
health services and activities on a continuing and regular
basis. In providing for such classes, services, and
activities, the Sergeant at Arms and Doorkeeper of the
Senate is authorized to impose and collect fees,
assessments, and other charges to defray the costs involved
in promoting the health of Members, officers, and employees
of the Senate. For purposes of this section, the term
``employees of the Senate'' shall have such meaning as the
Sergeant at Arms, by regulation, may prescribe.
(2) All fees, assessments, and charges imposed and
collected by the Sergeant at Arms pursuant to paragraph (1)
shall be deposited in the revolving fund established
pursuant to subsection (c) of this section and shall be
available for purposes of this section.
(c) Senate Health Promotion Revolving Fund
There is established in the Treasury of the United
States a revolving fund within the contingent fund of the
Senate to be known as the Senate Health Promotion Revolving
Fund (hereinafter referred to in this section as the
``fund''). The fund shall consist of all amounts collected
or received by the Sergeant at Arms and Doorkeeper of the
Senate as fees, assessments, and other charges for
activities and services to carry out the provisions of this
section. All moneys in the fund shall be available without
fiscal year limitation for disbursement by the Secretary of
the Senate for promoting the health of Members, officers,
and employees of the Senate. On or before December 31 of
each year, the Secretary of the Senate shall withdraw from
the fund and deposit in the Treasury of the United States as
miscellaneous receipts all moneys in excess of $5,000 in the
fund at the close of the preceding fiscal year.
(d) Vouchers
Disbursements from the revolving fund shall be made upon
vouchers signed by the Sergeant at Arms and Doorkeeper of
the Senate.
(e) Inapplicability of provisions prohibiting sales,
advertisements, or solicitations in Capitol grounds
The provisions of section 193d of title 40 shall not be
applicable to any class, service, or other activity carried
out pursuant to the provisions of this section.
(f) Regulations
The provisions of this section shall be carried out in
accordance with regulations which shall be promulgated by
the Sergeant at Arms and Doorkeeper of the Senate and
subject to approval at the beginning of each Congress by the
Committee on Rules and Administration of the Senate. (Pub.
L. 101-163, Title I, Sec. 4, Nov. 21, 1989, 103 Stat. 1044;
Pub. L. 102-90, Sec. 2, Aug. 14, 1991, 105 Stat. 450.)
304.8 Sec. 121d. Senate Gift Shop.
(a) Establishment
The Secretary of the Senate is authorized to establish a
Senate Gift Shop for the purpose of providing for the sale
of gift items to Members of the Senate, staff, and the
general public.
(b) Deposit of receipts
All moneys received from sales and other services by the
Senate Gift Shop shall be deposited in the revolving fund
established by subsection (c) of this section and shall be
available for purposes of this section.
(c) Revolving fund
There is established in the Treasury of the United
States a revolving fund within the contingent fund of the
Senate to be known as the Senate Gift Shop Revolving Fund
(hereafter referred to in this section as the ``fund''). The
fund shall consist of all amounts collected or received by
the Secretary of the Senate from sales and services by the
Senate Gift Shop. All moneys in the fund shall be available
without fiscal year limitation for disbursement by the
Secretary of the Senate in connection with the operation of
the Senate Gift Shop, including supplies, equipment, and
other expenses. In addition, such moneys may be used by the
Secretary of the Senate to reimburse the Senate
appropriations account, appropriated under the heading
``Salaries, Officers and Employees'' and ``Office of the
Secretary'', for amounts used from such account to pay the
salaries of employees of the Senate Gift Shop.
(d) Exception to prohibition of sale or solicitation on
Capitol Grounds
The provisions of section 193d of title 40 shall not be
applicable to any activity carried out pursuant to this
section.
(e) Transfer of moneys from Stationery Revolving Fund
To provide capital for the fund, the Secretary of the
Senate is authorized to transfer, from moneys in the
Stationery Revolving Fund in the contingent fund of the
Senate, to the fund such sum as he may determine necessary,
not to exceed $300,000.
(f) Authorization to expend from appropriations account for
initial expenses
For the purpose of acquiring supplies, equipment, and
meeting other initial expenses in implementing subsection
(a) of this section, the Secretary of the Senate is
authorized, upon October 6, 1992, to expend, from moneys
appropriated to the appropriations account, within the
contingent fund of the Senate, for expenses of the Secretary
of the Senate, by the Legislative Branch Appropriations Act,
1991, such amounts as may be necessary to carry out this
section.
(g) Disbursement on approved voucher
Disbursements from the fund shall be made upon vouchers
approved by the Secretary of the Senate, or his designee.
(h) Regulations
The Secretary of the Senate is authorized to prescribe
such regulations as may be necessary to carry out the
provisions of this section. (Pub. L. 102-392, Title I,
Sec. 2, Oct. 6, 1992, 106 Stat. 1706.)
304.9 Sec. 121e. Payment of fees for services of Attending
Physician and for use of Senate health and fitness
facilities.
(a) Regulations
The Senate Committee on Rules and Administration shall
promulgate regulations--
(1) pertaining to the services provided by
the Attending Physician and the operation and
use of the Senate health and fitness facilities;
and
(2) requiring the payment of fees for
services received from the Attending Physician
and for the use of the Senate health and fitness
facilities pursuant to such regulations.
(b) Withholding of fees from salary
The Secretary of the Senate is authorized to withhold
fees from the salary of an individual authorized by such
regulations to receive such services from the Attending
Physician and to use the Senate health and fitness
facilities.
(c) Deposit in General Fund
The Secretary of the Senate shall remit all fees
required by subsection (a)(2) of this section that are
collected pursuant to subsection (b) of this section or by
direct payment to the General Fund of the Treasury as
miscellaneous receipts unless otherwise provided by law.
(d) Effective date
The provision of this section shall take effect on April
9, 1992. (Pub. L. 102-392, Title III, Sec. 314, Oct. 6,
1992, 106 Stat. 1723.)
305 Sec. 123b. House Recording Studio; Senate Recording Studio
and Senate Photographic Studio.
(a) Establishment
There is established the House Recording Studio, the
Senate Recording Studio, and the Senate Photographic Studio.
(b) Assistance in making disk, film, and tape recordings;
exclusiveness of use
The House Recording Studio shall assist Members of the
House of Representatives in making disk, film, and tape
recordings, and in performing such other functions and
duties in connection with the making of such recordings as
may be necessary. The Senate Recording Studio and the Senate
Photographic Studio shall assist Members of the Senate and
committees of the Senate in making disk, film, and tape
recordings, and in performing such other functions and
duties in connection with the making of such recordings as
may be necessary. The House Recording Studio shall be for
the exclusive use of Members of the House of Representatives
(including the Delegates and the Resident Commissioner from
Puerto Rico); the Senate Recording Studio and the Senate
Photographic Studio shall be for the exclusive use of
Members of the Senate, the Vice President, committees of the
Senate, the Secretary of the Senate, and the Sergeant at
Arms of the Senate.
(c) Operation of studios
The House Recording Studio shall be operated by the
Chief Administrative Officer of the House of Representatives
under the direction and control of a committee which is
created (hereinafter referred to as the committee) composed
of three Members of the House. Two members of the committee
shall be from the majority party and one member shall be
from the minority party, to be appointed by the Speaker. The
committee is authorized to issue such rules and regulations
relating to operation of the House Recording Studio as it
may deem necessary.
The Senate Recording Studio and the Senate Photographic
Studio shall be operated by the Sergeant at Arms of the
Senate under the direction and control of the Committee on
Rules and Administration of the Senate. The Committee on
Rules and Administration is authorized to issue such rules
and regulations relating to operation of the Senate
Recording Studio and the Senate Photographic Studio as it
may deem necessary.
(d) Prices of disk, film, and tape recordings; collection of
moneys
The Chief Administrative Officer of the House of
Representatives shall, subject to the approval of the
committee, set the price of making disk, film, and tape
recordings, and collect all moneys owed the House Recording
Studio. The Committee on Rules and Administration of the
Senate shall set the price of making disk, film, and tape
recordings and all moneys owed the Senate Recording Studio
and the Senate Photographic Studio shall be collected by the
Sergeant at Arms of the Senate.
(e) Restrictions on expenditures
No moneys shall be expended or obligated for the House
Recording Studio except as shall be pursuant to such
regulations as the committee may approve. No moneys shall be
expended or obligated by the Director of the Senate
Recording Studio or the Director of the Senate Photographic
Studio until approval therefor has been obtained from the
Sergeant at Arms of the Senate.
(f) Appointment of Director and other employees of House
Recording Studio
The Chief Administrative Officer of the House of
Representatives is authorized, subject to the approval of
the committee, to appoint a Director of the House Recording
Studio and such other employees as are deemed necessary to
the operation of the House Recording Studio.
(g) Revolving funds
There is established in the Treasury of the United
States, a revolving fund for the House Recording Studio for
the purposes of administering the duties of that studio.
There is also established in the Treasury of the United
States a revolving fund, within the contingent fund of the
Senate, which shall be known as the ``Senate Photographic
Studio Revolving Fund'', for the purpose of administering
the duties of the Senate Photographic Studio; and there is
established in the Treasury of the United States, a
revolving fund, within the contingent fund of the Senate,
which shall be known as the ``Senate Recording Studio
Revolving Fund'', for the purpose of administering the
duties of the Senate Recording Studio.
(h) Deposits in funds; availability of funds
All moneys received by the House Recording Studio from
Members of the House of Representatives for disk, film, or
tape recordings, or from any other source, shall be
deposited by the Chief Administrative Officer of the House
of Representatives in the revolving fund established for the
House Recording Studio by subsection (g) of this section;
moneys in such fund shall be available for disbursement
therefrom by the Chief Administrative Officer of the House
of Representatives for the care, maintenance, operation, and
other expenses of the studio upon vouchers signed and
approved in such manner as the committee shall prescribe.
All moneys received by the Senate Recording Studio shall be
deposited in the Senate Recording Studio Revolving Fund
established by subsection (g) of this section and all funds
received by the Senate Photographic Studio shall be
deposited in the Senate Photographic Studio Revolving Fund
established by such subsection; moneys in the Senate
Recording Studio Revolving Fund shall be available for
disbursement therefrom upon vouchers signed by the Sergeant
at Arms and Doorkeeper of the Senate for the care,
maintenance, operation, and other expenses of the Senate
Recording Studio, and moneys in the Senate Photographic
Studio Revolving Fund shall be available for disbursement
therefrom upon vouchers signed by the Sergeant at Arms and
Doorkeeper of the Senate for the care, maintenance,
operation, and other expenses of the Senate Photographic
Studio.
(i) Distribution of equity of Joint Senate and House
Recording Facility Revolving Fund; assignment of
existing studio facilities, equipment, materials and
supplies; transfer of accounts; reserve fund;
distribution of balance
(1) As soon as practicable after June 27, 1956, but no
later than September 30, 1956, the equity of the Joint
Senate and House Recording Facility Revolving Fund shall be
distributed equally to the Senate and House of
Representatives on the basis of an audit to be made by the
General Accounting Office.
(2) The Sergeant at Arms of the Senate and the Clerk of
the House of Representatives shall, subject to the approval
of the committees mentioned in subsection (c) of this
section, determine the assignment of existing studio
facilities to the Senate and the House of Representatives,
and also the existing equipment, materials and supplies to
be transferred to the respective studios. The evaluation of
equipment, materials and supplies transferred to each studio
shall be on the basis of market value. Any other equipment,
materials and supplies determined to be obsolete or not
needed for the operation of the respective studio shall be
disposed of to the best interest of the Government and the
proceeds thereof deposited in the Joint Senate and House
Recording Facility Revolving Fund.
(3) Accounts receivable, which on the effective date of
liquidation, are due from Members and committees of the
Senate shall be transferred to the Senate Studio, and those
due from Members and committees of the House of
Representatives shall be transferred to the House Studio.
(4) A sufficient reserve shall be set aside from the
Joint Senate and House Recording Facility Revolving Fund to
liquidate any outstanding accounts payable.
(5) After appropriate adjustments for the value of
assets assigned or transferred to the Senate and House of
Representatives, respectively, the balance in the Joint
Senate and House Recording Facility Revolving Fund shall be
distributed equally to the Senate and House of
Representatives for deposit to the respective revolving
funds authorized by this section.
(j) Availability of existing services and facilities
Pending acquisition of the stock, supplies, materials,
and equipment necessary to properly equip both studios, the
present services and facilities shall be made available to
both studios in order that each studio may carry out its
duty.
(k) Restrictions on employment
No person shall be an officer or employee of the House
Recording Studio, Senate Recording Studio, or Senate
Photographic Studio while he is engaged in any other
business, profession, occupation, or employment which
involves the performance of duties which are similar to
those which would be performed by him as such an officer or
employee of such studio unless approved in writing by the
committee in the case of the House Recording Studio and the
Senate Committee on Rules and Administration in the case of
the Senate Recording Studio and the Senate Photographic
Studio.
(l) Abolition of Joint Recording Facility positions and
salaries
The Joint Recording Facility positions and salaries
established pursuant to the Legislative Branch Appropriation
Act, 1948, and all subsequent Acts are abolished.
(m) Repeals
Effective with the completion of the transfer provided
for by subsection (i) of this section the joint resolution
entitled ``Joint resolution establishing in the Treasury of
the United States a revolving fund within the contingent
fund of the House of Representatives'', approved August 7,
1953, is repealed.
(n) Repealed. Pub. L. 92-310, Title II, Sec. 220(j), June 6,
1972, 86 Stat. 205
(o) Authorization of appropriations.
Such sums as may be necessary to carry out the
provisions of this section are authorized to be
appropriated. (June 27, 1956, ch. 453, Sec. 105, 70 Stat.
370; Pub. L. 88-652, Sec. 16(a), Oct. 13, 1964, 78 Stat.
1084; Pub. L. 92-310, Title II, Sec. 220(j), June 6, 1972,
86 Stat. 205; Pub. L. 96-304, Title I, Sec. 108(a), July 8,
1980, 94 Stat. 890; Pub. L. 97-257, Title I, Sec. 102, Sept.
10, 1982, 96 Stat. 849; Pub. L. 101-520, Title I, Sec. 7(a),
(c), (d), Nov. 5, 1990, 104 Stat. 2258, 2259; Pub. L. 104-
186, Title II, Sec. 204(68), Aug. 20, 1996, 110 Stat. 1740.)
305.17 Sec. 123b-1. Senate Recording Studio Senate and Photographic
Studio as successors to Senate Recording and
Photographic Studios; rules, regulations, and fees for
photographs and photographic services.
(a) The entity, in the Senate, known (prior to Apr. 1,
1991) as the `Senate Recording and Photographic Studios' is
abolished, and there is established in its stead the
following two entities: the `Senate Recording Studio', and
the `Senate Photographic Studio'; and there are transferred,
from the entity known (prior to Apr. 1, 1991) as the `Senate
Recording and Photographic Studios' to the `Senate Recording
Studio' all personnel, equipment, supplies, and funds which
are available for, relate to, or are utilized in connection
with, recording, and to the `Senate Photographic Studio' all
personnel, equipment, supplies, and funds which are
available for, relate to, or are utilized in connection with
photography.
(b)(1) The Sergeant at Arms and Doorkeeper of the Senate
shall, subject to the approval of the majority and minority
leaders, promulgate rules and regulations, and establish
fees, for provision of photographs and photographic services
to be furnished by the Photographic Studio.
(2) Omitted. (July 8, 1980, Pub. L. 96-304, Title I,
Sec. 108, 94 Stat. 890; Pub. L. 101-520, Title I, Sec. 7(d),
Nov. 5, 1990, 104 Stat. 2259.)
305.20 Sec. 123c. Data processing equipment, software, & services.
Notwithstanding any other provision of law, the Sergeant
at Arms, subject to the approval of the Committee on Rules
and Administration, is hereafter authorized to enter into
multi-year contracts for data processing equipment,
software, and services. (June 12, 1975, Pub. L. 94-32, Title
I, Sec. 101, 89 Stat. 182; May 4, 1977, Pub. L. 95-26, Title
I, Sec. 103, 91 Stat. 82.)
305.20-1 Sec. 123c-1. Computer programming services, advance
payments.
Notwithstanding any other provision of law, the Sergeant
at Arms and Doorkeeper of the Senate, subject to the
approval of the Committee on Rules and Administration, is on
and after July 6, 1981, authorized to enter into contracts
which provide for the making of advance payments for
computer programming services. (Pub. L. 97-20, July 6, 1981,
95 Stat. 104.)
305.21 Sec. 123d. Senate Computer Center.
(a) Senate Computer Center Revolving Fund
(1) There is hereby established in the Treasury of the
United States a revolving fund within the contingent fund of
the Senate to be known as the Senate Computer Center
Revolving Fund (hereafter in this section referred to as the
``revolving fund'').
(2) The revolving fund shall be available only for
paying the salaries of personnel employed under subsection
(c) of this section, and agency contributions attributable
thereto, and for paying refunds under contracts entered into
under subsection (b) of this section.
(3) Within 90 days after the end of each fiscal year,
the Secretary of the Senate shall withdraw all amounts in
the revolving fund in excess of $100,000, other than amounts
required to make refunds under subsection (b)(2)(B) of this
section, and shall deposit the amounts withdrawn in the
Treasury of the United States as miscellaneous receipts.
(b) Contracts for use of Senate computer; approval; terms
(1) Subject to the provisions of paragraph (2), the
Sergeant at Arms and Doorkeeper of the Senate is authorized
to enter into contracts with any agency or instrumentality
of the legislative branch for the use of any available time
on the Senate computer.
(2) No contract may be entered into under paragraph (1)
unless it has been approved by the Committee on Rules and
Administration of the Senate, and no such contract may
extend beyond the end of the fiscal year in which it is
entered into. Each contract entered into under paragraph (1)
shall contain--
(A) a provision requiring full advance
payment for the amount of time contracted for,
and
(B) a provision requiring reftmd of a
proportionate amount of such advance payment if
the total amount of time contracted for is not
used.
Notwithstanding any other provision of law, any agency or
instrumentality of the legislative branch is authorized to
make advance payments under a contract entered into under
paragraph (1).
(c) Additional personnel
To the extent that the personnel of the Senate Computer
Center are unable to carry out the contracts entered into
under subsection (b) of this section according to their
terms and conditions, the Sergeant at Arms and Doorkeeper of
the Senate is authorized to employ such additional personnel
for the Senate Computer Center as may be necessary to carry
out such contracts, and to pay the salaries of such
additional personnel, and agency contributions attributable
thereto, from the revolving fund. Such additional personnel
may temporarily be assigned to perform the regular functions
of the Senate Computer Center when their services are not
needed to carry out such contracts.
(d) Disbursements
Disbursements from the revolving fimd under subsections
(b) and (c) of this section shall be made upon vouchers
signed by the Sergeant at Arms and Doorkeeper of the Senate,
except that vouchers shall not be required for the
disbursement of salaries of employees paid at an annual
rate. (June 1, 1976, Pub. L. 94-303, Title I, Sec. 116, 90
Stat. 614.)
305.22 Sec. 123e. Senate legislative information system.
(a) Development and implementation by Secretary of Senate
The Secretary of the Senate, with the oversight and
approval of the Committee on Rules and Administration of the
Senate, shall oversee the development and implementation of
a comprehensive Senate legislative information system.
(b) Cooperative effort
In carrying out this section, the Secretary of the
Senate shall consult and work with officers and employees of
the House of Representatives. Legislative branch agencies
and departments and agencies of the executive branch shall
provide cooperation, consultation, and assistance as
requested by the Secretary of the Senate to carry out this
section.
(c) Funding
Any funds that were appropriated under the heading
``Secretary of the Senate'' for expenses of the Office of
the Secretary of the Senate by the Legislative Branch
Appropriations Act, 1995, to remain available until
September 30, 1998, and that the Secretary determines are
not needed for development of a financial management system
for the Senate may, with the approval of the Committee on
Appropriations of the Senate, be used to carry out the
provisions of this section, and such funds shall be
available through September 30, 2000.
(d) Regulations
The Committee on Rules and Administration of the Senate
may prescribe such regulations as may be necessary to carry
out the provisions of this section.
(e) Effective date
This section shall be effective for fiscal years
beginning on or after October 1, 1996. (Pub. L. 104-197,
Title I, Sec. 8, Sept. 16, 1996, 110 Stat. 2398.)
306 Sec. 125a. Death gratuity payments as gifts.
Any death gratuity payment at any time specifically
appropriated by any Act of Congress or at any time made out
of the applicable accounts of the House of Representatives
or the contingent fund of the Senate shall be held to have
been a gift. (June 5, 1952, ch. 369, Ch. I, 66 Stat. 101;
Pub. L. 104-186, Title II, Sec. 203(6), Aug. 20, 1996, 110
Stat. 1725.)
307.1 Sec. 126-2. Designation of reporters.
The reporters of debates in the office of the Secretary
of the Senate are hereby designated the official reporters
of debates of the Senate. (Pub. L. 89-545, Sec. 101, Aug.
27, 1966, 80 Stat. 354.)
307.2 Sec. 126b. Substitute reporters of debates and expert
transcribers; temporary reporters of debates and expert
transcribers; payments from Senate contingent fund.
The Secretary of the Senate is on and after June 5,
1981, authorized to employ, by contract or otherwise,
substitute reporters of debates and expert transcribers at
daily rates of compensation, or temporary reporters of
debates and expert transcribers at annual rates of
compensation; no temporary reporters of debates or expert
transcribers may be employed under authority of this
provision for more than ninety days in any fiscal year; and
payments made under authority of this section shall be made
from the contingent fund of the Senate upon vouchers
approved by the Secretary of the Senate. (Pub. L. 89-90,
Sec. 101, July 27, 1965, 79 Stat. 266; June 5, 1981, Pub. L.
97-12, Sec. 105, 95 Stat. 61.)
310 Sec. 130a. Nonpay status for Congressional employees
studying under Congressional staff fellowships.
(a) With respect to each employee of the Senate or House
of Representatives
(1) whose compensation is disbursed by the
Secretary of the Senate or the Chief
Administrative Officer of the House of
Representatives, and
(2) who, on or after January 1, 1963 shall
have been separated from employment with the
Senate or House of Representatives in order to
pursue certain studies under a congressional
staff fellowship awarded by the American
Political Science Association,
the period of time covered by such fellowship shall be held
and considered to be service (in a nonpay status) in
employment with the Senate or House of Representatives, as
the case may be, at the rate of compensation received
immediately prior to separation (including any increases in
compensation provided by law during the period covered by
such fellowship) for the purposes of the provisions of law
specified in subsection (b) of this section, if the award of
such fellowship to such employee is certified to the
Secretary of the Senate or the Chief Administrative Officer
of the House of Representatives, as appropriate, by the
appointing authority concerned or, in the event of the death
or disability of such appointing authority, is established
to the satisfaction of the Secretary of the Senate or the
Chief Administrative Officer of the House of Representatives
by records or other evidence.
(b) The provisions of law referred to in subsection (a)
of this section are--
(1) subchapter III (relating to civil
service retirement) of chapter 83 of title 5;
(2) chapter 87 (relating to Federal
employees group life insurance) of title 5; and
(3) chapter 89 (relating to Federal
employees group health insurance) of title 5.
(Pub. L. 89-379, Mar. 30, 1966, 80 Stat. 94;
Pub. L. 104-186, Title II, Sec. 204(73), Aug.
20, 1996, 110 Stat. 1741.)
311 Sec. 130b. Jury and witness service by employees of the
Senate and the House.
(a) For purposes of this section--
(1) ``employee'' means any individual whose
pay is disbursed by the Secretary of the Senate
or the Chief Administrative Officer of the House
of Representatives; and
(2) ``court of the United States'' has the
meaning given it by section 451 of title 28, and
includes the United States District Court for
the District of the Canal Zone, the District
Court of Guam, and the District Court of the
Virgin Islands.
(b) The pay of an employee shall not be reduced during a
period of absence with respect to which the employee is
summoned (and permitted to respond to such summons by the
appropriate authority of the House of the Congress
disbursing his pay), in connection with a judicial
proceeding by a court or authority responsible for the
conduct of that proceeding, to serve--
(1) as a juror; or
(2) other than as provided in subsection (c)
of this section, as a witness on behalf of any
party in connection with any judicial proceeding
to which the United States, the District of
Columbia, or a State or local government is a
party;
in the District of Columbia, a State, territory, or
possession of the United States including the Commonwealth
of Puerto Rico, the Canal Zone, or the Trust Territory of
the Pacific Islands. For purposes of this subsection,
``judicial proceeding'' means any action, suit, or other
judicial proceeding, including any condemnation,
preliminary, informational, or other proceeding of a
judicial nature, but does not include an administrative
proceeding.
(c) An employee is performing official duty during the
period with respect to which he is summoned (and is
authorized to respond to such summons by the House of the
Congress disbursing his pay), or is assigned by such House,
to--
(1) testify or produce official records on
behalf of the United States or the District of
Columbia; or
(2) testify in his official capacity or
produce official records on behalf of a party
other than the United States or the District of
Columbia.
(d)(1) An employee may not receive fees for service--
(A) as juror in a court of the United States
or the District of Columbia; or
(B) as a witness on behalf of the United
States or the District of Columbia.
(2) If an employee receives an amount (other than travel
expenses) for service as a juror or witness during a period
in which his pay may not be reduced under subsection (b) of
this section, or for which he is performing official duty
under subsection (c) of this section, the employee shall
remit such amount to the officer who disburses the pay of
the employee, which amount shall be covered into the general
fund of the Treasury as miscellaneous receipts.
(e)(1) An employee summoned (and authorized to respond
to such summons by the House of the Congress disbursing his
pay), or assigned by such House, to testify or produce
official records on behalf of the United States is entitled
to travel expenses. If the case involves an activity in
connection with which he is employed, the travel expenses
shall be paid from funds otherwise available for the payment
of travel expenses of such House in accordance with travel
regulations of that House. If the case does not involve such
an activity, the department, agency, or independent
establishment of the United States on whose behalf he is so
testifying or producing records shall pay to the employee
his travel expenses out of appropriations otherwise
available, and in accordance with regulation applicable, to
that department, agency, or independent establishment for
the payment of travel expenses.
(2) An employee summoned (and permitted to respond to
such summons by the House of the Congress disbursing his
pay), or assigned by such House, to testify in his official
capacity or produce official records on behalf of a party
other than the United States, is entitled to travel
expenses, unless any travel expenses are paid to the
employee for his appearance by the court, authority, or
party which caused him to be summoned.
(f) The Committee on Rules and Administration of the
Senate and the Committee on House Oversight of the House of
Representatives are authorized to prescribe, for employees
of their respective Houses, such rules and regulations as
may be necessary to carry out the provisions of this
section.
(g) No provision of this section shall be construed to
confer the consent of either House of the Congress to the
production of official records of that House or to testimony
by an employee of the House concerning activities related to
his employment. (Dec. 19, 1970, Pub. L. 91-563, Sec. 6, 84
Stat. 1478; June 15, 1976, Pub. L. 94-310, Sec. 2, 90 Stat.
687; Pub. L. 104-186, Title II, Sec. 204(74), (75), Aug. 20,
1996, 110 Stat. 1741.)
312 Sec. 130c. Waiver by Secretary of the Senate of claims of
United States arising out of erroneous payments to Vice
President, Senator, or Senate employee paid by the
Secretary of the Senate.
(a) Waiver of claim for erroneous payment of pay or
allowances
A claim of the United States against a person arising
out of an erroneous payment of any pay or allowances, other
than travel and transportation expenses and allowances, on
or after July 25, 1974, to the Vice President, a Senator, or
to an officer or employee whose pay is disbursed by the
Secretary of the Senate, the collection of which would be
against equity and good conscience and not in the best
interests of the United States, may be waived in whole or in
part by the Secretary of the Senate. An application for
waiver shall be investigated by the Financial Clerk of the
Senate who shall submit a written report of his
investigation to the Secretary of the Senate. An application
for waiver of a claim in an amount aggregating more than
$1,500 may also be investigated by the Comptroller General
of the United States who shall submit a written report of
his investigation to the Secretary of the Senate.
(b) Prohibition of waiver
The Secretary of the Senate may not exercise his
authority under this section to waive any claim--
(1) if, in his opinion, there exists, in
connection with the claim, an indication of
fraud, misrepresentation, fault, or lack of good
faith on the part of the Vice President, the
Senator, the officer or employee, or any other
person having an interest in obtaining a waiver
of the claim; or
(2) if the application for waiver is
received in his office after the expiration of 3
years immediately following the date on which
the erroneous payment of pay or allowances was
discovered.
(c) Credit for waiver
In the audit and settlement of accounts of any
accountable officer or official, full credit shall be given
for any amounts with respect to which collection by the
United States is waived under this section.
(d) Effect of waiver
An erroneous payment, the collection of which is waived
under this section, is deemed a valid payment for all
purposes.
(e) Construction with other laws
This section does not affect any authority under any
other law to litigate, settle, compromise, or waive any
claim of the United States.
(f) Rules and regulations
The Secretary of the Senate shall promulgate rules and
regulations to carry out the provisions of this section.
(Pub. L. 93-359, Sec. 2, July 25, 1974, 88 Stat. 394; Pub.
L. 103-69, Title III, Sec. 315, Aug. 11, 1993, 107 Stat.
713; Pub. L. 104-316, Title I, Sec. 102(b), Oct. 19, 1996,
110 Stat. 3828.)
313 Sec. 130e. Special Services Office.
There is established, as a joint office of Congress, the
Special Services Office, which (under the supervision and
control of a board, to be known as the Special Services
Board, comprised of the Sergeant at Arms of the House of
Representatives, the Sergeant at Arms and Doorkeeper of the
Senate, and the Architect of the Capitol) shall provide
special services to Members of Congress, and to officers,
employees, and guests of Congress. (Pub. L. 101-163, Title
III, Sec. 310, Nov. 21, 1989, 103 Stat. 1065; Pub. L. 104-
53, Sec. 112, November 19, 1995, 109 Stat. 525.)
Chapter 5.--LIBRARY OF CONGRESS
315 Sec. 131. Collections composing Library; location.
The Library of Congress, composed of the books, maps,
and other publications which on December 1, 1873, remained
in existence, from the collections theretofore united under
authority of law and those added from time to time by
purchase, exchange, donation, reservation from publications
ordered by Congress, acquisition of material under the
copyright law, and otherwise, shall be preserved in the
Library Building. (R.S. Sec. 80; Feb. 19, 1897, ch. 265,
Sec. 1, 29 Stat. 545, 546; Oct. 19, 1976, Pub. L. 94-553,
Sec. 105(g), 90 Stat. 2599; Dec. 22, 1987, Pub. L. 100-202,
Sec. 101(i) [Title III], Sec. 310, 101 Stat. 1329-310.)
316 Sec. 132. Departments of Library.
The Library of Congress shall be arranged in two
departments, a general library and a law library. (R.S.
Sec. 81.)
317 Sec. 132a. Appropriations for increase of general library.
The unexpended balance of any sums appropriated by
Congress for the increase of the general library, together
with such sums as may hereafter be appropriated to the same
purpose, shall be laid out under the direction of the Joint
Committee of Congress on the Library. (R.S. Sec. 82; Feb. 7,
1902, No. 5, 32 Stat. 735; Aug. 2, 1946, ch. 753, Sec. 223,
60 Stat. 838.)
Cross Reference
Librarian of Congress to make rules and regulations for
government of library, see section 136 of this title (Senate
Manual section 320).
318 Sec. 132b. Joint Committee on the Library.
The Joint Committee of Congress on the Library shall, on
and after January 3, 1947, consist of the chairman and four
members of the Committee on Rules and Administration of the
Senate and the chairman and four members of the Committee on
House Oversight of the House of Representatives. (Aug. 2,
1946, ch. 753, Sec. 223, 60 Stat. 838; Aug. 20, 1996, Pub.
L. 104-186, Title II, Sec. 205, 110 Stat. 1742.)
319 Sec. 133. Joint Committee during recess of Congress.
The portion of the Joint Committee of Congress on the
Library on the part of the Senate remaining in office as
Senators shall during the recess of Congress exercise the
powers and discharge the duties conferred by law upon the
Joint Committee of Congress on the Library. (Mar. 3, 1883,
ch. 141, Sec. 2, 22 Stat. 592; Aug. 2, 1946, ch. 753,
Sec. 223, 60 Stat. 838.)
320 Sec. 136. Librarian of Congress; appointment; rules and
regulations.
The Librarian of Congress shall be appointed by the
President, by and with the advice and consent of the Senate.
He shall make rules and regulations for the government of
the Library. (Feb. 19, 1897, ch. 265, Sec. 1, 29 Stat. 544,
546; June 6, 1972, Pub. L. 92-310, Sec. 220(f), 86 Stat.
204.)
320.1 Sec. 136a-2. Librarian of Congress and Deputy Librarian of
Congress; compensation
Notwithstanding any other provision of law--
(1) the Librarian of Congress shall be
compensated at an annual rate which is equal to
the annual rate of basic pay payable for
positions at level II of the Executive Schedule
under section 5313 of title 5, and
(2) the Deputy Librarian of Congress shall
be compensated at an annual rate of pay which is
equal to the annual rate of basic pay payable
for positions at level III of the Executive
Schedule under section 5314 of title 5. (Pub. L.
98-63, Title I, Sec. 904(a), July 30, 1983, 97
Stat. 336; Pub. L. 106-57, Title II,
Sec. 209(a), Sept. 29, 1999, 113 Stat. 424.)
\1\ So in original. Probably should be section
``129(a)''.
\2\ So in original. Probably should be section
``129(b)''.
322 Sec. 138. Law library open, when.
The law library shall be kept open every day so long as
either House of Congress is in session. (July 11, 1888, ch.
615, Sec. 1, 25 Stat. 262.)
323 Sec. 139. Report of Librarian of Congress.
The Librarian of Congress shall make to Congress not
later than April 1, a report for the preceding fiscal year,
as to the affairs of the Library of Congress, including the
copyright business, and said report shall also include a
detailed statement of all receipts and expenditures on
account of the Library and said copyright business. (Feb.
19, 1897, ch. 265, Sec. 1, 29 Stat. 546; April 21, 1976,
Pub. L. 94-273, Sec. 30, 90 Stat. 380.)
323.5 Sec. 142j. John C. Stennis Center for Public Service
Training and Development.
From and after October 1, 1988, the Library of Congress
is authorized to--
(1) disburse funds appropriated for the John
C. Stennis Center for Public Service Training
and Development;
(2) compute and disburse the basic pay for
all personnel of the John C. Stennis Center for
Public Service Training and Development;
(3) provide financial management services
and support to the John C. Stennis Center for
Public Service Training and Development, in the
same manner as provided with respect to the
Office of Technology Assessment under section
142f of this title; and
(4) collect from the funds appropriated for
the John C. Stennis Center for Public Service
Training and Development the full costs of
providing the services specified in (1), (2),
and (3) above, as provided under an agreement
for services ordered under sections 1535 and
1536 of title 31. (Pub. L. 101-163, Title II,
Sec. 205, Nov. 21, 1989, 103 Stat. 1060.)
Cross Reference
Establishment, purposes, and authority, see Sections
1101 through 1110 of Title 2, United States Code (Senate
Manual sections 399.50 through 399.59).
324 Sec. 145. Copies of Journals and Documents.
Two copies of the Journals and Documents, and of each
book printed by either House of Congress, bound as provided
in sections 501 and 1123 of title 44, shall be deposited in
the Library. (R.S. Sec. 97.)
Cross References
Copies of House and Senate documents to be deposited
with Library of Congress, see section 701 of title 44,
United States Code (Senate Manual section 613 and footnote
thereto).
Distribution of printed copies of Journals of Senate and
House of Representatives, see section 713 of title 44,
United States Code (Senate Manual section 623).
325 Sec. 145a. Periodical binding of printed hearings of
committee testimony.
The Librarian of the Library of Congress is authorized
and directed to have bound at the end of each session of
Congress the printed hearings of testimony taken by each
committee of the Congress at the preceding session. (Aug. 2,
1946, ch. 753, Sec. 141, 60 Stat. 834.)
326 Sec. 146. Deposit of Journals of Senate and House.
Twenty-five copies of the public Journals of the Senate,
and of the House of Representatives, shall be deposited in
the Library of the United States, at the seat of government,
to be delivered to Members of Congress during any session,
and to all other persons authorized by law to use the books
in the Library, upon their application to the Librarian, and
giving their responsible receipts for the same, in like
manner as for other books. (R.S. Sec. 98.)
327 Sec. 154. Library of Congress Trust Fund Board; members;
quorum; seal; rules and regulations.
A board is created and established, to be known as the
``Library of Congress Trust Fund Board'' (hereinafter
referred to as the board), which shall consist of the
Secretary of the Treasury (or an Assistant Secretary
designated in writing by the Secretary of the Treasury), the
chairman of the Joint Committee on the Library, the
Librarian of Congress, two persons appointed by the
President for a term of five years each (the first
appointments being for three and five years, respectively),
four persons appointed by the Speaker of the House of
Representatives (in consultation with the minority leader of
the House of Representatives) for a term of five years each
(the first appointments being for two, three, four, and five
years, respectively), and four persons appointed by the
majority leader of the Senate (in consultation with the
minority leader of the Senate) for a term of five years each
(the first appointments being for two, three, four, and five
years, respectively). Nine members of the board shall
constitute a quorum for the transaction of business, and the
board shall have an official seal, which shall be judicially
noticed. The board may adopt rules and regulations in regard
to its procedure and the conduct of its business. (Mar. 3,
1925, ch. 423, Sec. 1, 43 Stat. 1107; May 12, 1978, Pub. L.
95-277, 92 Stat. 236; Feb. 18, 1992, Pub. L. 102-246,
Sec. Sec. 1, 2, 106 Stat. 31.)
328 Sec. 156. Gifts, etc., to Library of Congress Trust Fund
Board.
The board is authorized to accept, receive, hold, and
administer such gifts, bequests, or devices of property for
the benefit of, or in connection with, the Library, its
collections, or its service, as may be approved by the board
and by the Joint Committee on the Library. (Apr. 13, 1936,
ch. 213, 49 Stat. 1205.)
329 Sec. 157. Funds of Library of Congress Trust Fund Board;
management of.
The moneys or securities composing the trust funds given
or bequeathed to the board shall be receipted for by the
Secretary of the Treasury, who shall invest, reinvest, or
retain investments as the board may from time to time
determine. The income as and when collected shall be
deposited with the Treasurer of the United States, who shall
enter it in a special account to the credit of the Library
of Congress and subject to disbursement by the librarian for
the purposes in each case specified; and the Treasurer of
the United States is authorized to honor the requisitions of
the librarian made in such manner and in accordance with
such regulations as the Treasurer may from time to time
prescribe: Provided, however, That the board is not
authorized to engage in any business nor to exercise any
voting privilege which may be incidental to securities in
its hands, nor shall the board make any investments that
could not lawfully be made by a trust company in the
District of Columbia, except that it may make any
investments directly authorized by the instrument of gift,
and may retain any investments accepted by it. (Mar. 3,
1925, ch. 423, Sec. 2, 43 Stat. 1107; Apr. 13, 1936, ch.
213, 49 Stat. 1205.)
330 Sec. 158. Deposits by Library of Congress Trust Fund Board
with Treasurer of United States.
In the absence of any specification to the contrary, the
board may deposit the principal sum, in cash, with the
Treasurer of the United States as a permanent loan to the
United States Treasury, and the Treasurer shall thereafter
credit such deposit with interest at a rate which is the
higher of the rate of 4 percentum per annum or a rate which
is 0.25 percentage points less than a rate determined by the
Secretary of the Treasury, taking into consideration the
current average market yield on outstanding long-term
marketable obligations of the United States, adjusted to the
nearest one-eighth of 1 percentum, payable semiannually,
such interest, as income, being subject to disbursement by
the Librarian of Congress for the purposes specified:
Provided, however, That the total of such principal sums at
any time so held by the Treasurer under this authorization
shall not exceed the sum of $10,000,000. (Mar. 3, 1925, ch.
423, Sec. 2, 43 Stat. 1107; Apr. 13, 1936, ch. 213, 49 Stat.
1205; June 23, 1936, ch. 734, 49 Stat. 1894; July 3, 1962,
Pub. L. 87-522, 76 Stat. 135; May 22, 1976, Pub. L. 94-289,
90 Stat. 521.)
330.1 Sec. 158a. Temporary possession of gifts of money or
securities to Library of Congress; investment.
In the case of a gift of money or securities offered to
the Library of Congress, if, because of conditions attached
by the donor or similar considerations, expedited action is
necessary, the Librarian of Congress may take temporary
possession of the gift, subject to approval under section
156 of this title. The gift shall be receipted for and
invested, reinvested, or retained as provided in section 157
of this title, except that--
(1) a gift of securities may not be invested
or reinvested; and
(2) any investment or reinvestment of a gift
of money shall be made in an interest bearing
obligation of the United States or an obligation
guaranteed as to principal and interest by the
United States.
If the gift is not so approved within the 12-month period
after the Librarian so takes possession, the principal of
the gift shall be returned to the donor and any income
earned during that period shall be available for use with
respect to the Library of Congress as provided by law. (Mar.
3, 1925, ch. 423, Sec. 2(par.), as added Feb. 18, 1992, Pub.
L. 102-246, Sec. 3, 106 Stat. 31.)
331 Sec. 159. Perpetual succession and suits by or against
Library of Congress Trust Fund Board.
The board shall have perpetual succession, with all the
usual powers and obligations of a trustee, including the
power to sell, except as herein limited, in respect of all
property, moneys, or securities which shall be conveyed,
transferred, assigned, bequeathed, delivered, or paid over
to it for the purposes above specified. The board may be
sued in the United States District Court for the District of
Columbia, which is given jurisdiction of such suits, for the
purpose of enforcing the provisions of any trust accepted by
it. (Mar. 3, 1925, ch. 423, Sec. 3, 43 Stat. 1108; Jan. 27,
1926, ch. 6, Sec. 1, 44 Stat. 2; June 25, 1936, ch. 804, 49
Stat. 1921; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107.)
332 Sec. 160. Disbursement of gifts, etc., to Library.
Nothing in sections 154 to 162 and 163 of this title
shall be construed as prohibiting or restricting the
Librarian of Congress from accepting in the name of the
United States gifts or bequests of money for immediate
disbursement in the interest of the Library, its
collections, or its service. Such gifts or bequests, after
acceptance by the librarian, shall be paid by the donor or
his representative to the Treasurer of the United States,
whose receipts shall be their acquittance. The Treasurer of
the United States shall enter them in a special account to
the credit of the Library of Congress and subject to
disbursement by the Librarian for the purposes in each case
specified.
Upon agreement by the Librarian of Congress and the
Board, a gift or bequest accepted by the Librarian under the
first paragraph of this section may be invested or
reinvested in the same manner as provided for trust funds
under section 157 of this title.
(As amended Oct. 7, 1997, Pub. L. 105-55, Title II,
Sec. 208, 111 Stat. 1194.)
333 Sec. 161. Tax exemption of gifts, etc., to Library of
Congress.
Gifts or bequests or devises to or for the benefit of
the Library of Congress, including those to the board, and
the income therefrom, shall be exempt from all Federal
taxes, including all taxes levied by the District of
Columbia. (Oct. 2, 1942, ch. 576, 56 Stat. 765.)
334 Sec. 166. Congressional Research Service.
334.1 (a) The Legislative Reference Service in the Library of
Congress is hereby continued as a separate department in the
Library of Congress and is redesignated the ``Congressional
Research Service''.
334.2 (b) It is the policy of Congress that--
(1) the Librarian of Congress shall, in
every possible way, encourage, assist, and
promote the Congressional Research Service in--
(A) rendering to Congress the most
effective and efficient service,
(B) responding most expeditiously,
effectively, and efficiently to the special
needs of Congress, and
(C) discharging its responsibilities to
Congress;
and
(2) the Librarian of Congress shall grant
and accord to the Congressional Research Service
complete research independence and the maximum
practicable administrative independence
consistent with these objectives.
334.3 (c)(1) After consultation with the Joint Committee on
the Library, the Librarian of Congress shall appoint the
Director of the Congressional Research Service. The basic
pay of the Director, shall be at perannum rate equal to the
rate of basic pay provided for level III of the Executive
Schedule under section 5314 of title 5.
(2) The Librarian of Congress upon the recommendation of
the Director, shall appoint a Deputy Director of the
Congressional Research Service and all other necessary
personnel thereof. The basic pay of the Deputy Director
shall be fixed in accordance with chapter 51 (relating to
classification) and subchapter III (relating to General
Schedule pay rates) of chapter 53 of title 5, but without
regard to section 5108(a) of such title. The basic pay of
all other necessary personnel of the Congressional Research
Service shall be fixed in accordance with chapter 51
(relating to classification) and subchapter III (relating to
General Schedule pay rates) of chapter 53 of title 5, except
that--
(A) the grade of Senior Specialist in each
field within the purview of subsection (e) of
this section shall not be less than the highest
grade in the executive branch of the Government
to which research analysts and consultants,
without supervisory responsibility, are
currently assigned; and
(B) the positions of Specialist and Senior
Specialist in the Congressional Research Service
may be placed in GS-16, 17, and 18 of the
General Schedule of section 5332 of title 5,
without regard to section 5108(a) of such title,
subject to the prior approval of the Joint
Committee on the Library, of the placement of
each such position in any of such grades.
(3) Each appointment made under paragraphs (1) and (2)
of this subsection and subsection (e) of this section shall
be without regard to the civil service laws, without regard
to political affiliation, and solely on the basis of fitness
to perform the duties of the position.
334.4 (d) It shall be the duty of the Congressional Research
Service, without partisan bias--
(1) upon request, to advise and assist any
committee of the Senate or House of
Representatives and any joint committee of
Congress in the analysis, appraisal, and
evaluation of legislative proposals within that
committee's jurisdiction, or of recommendations
submitted to Congress, by the President or any
executive agency, so as to assist the committee
in--
(A) determining the advisability of
enacting such proposals;
(B) estimating the probable results of
such proposals and alternatives thereto; and
(C) evaluating alternative methods for
accomplishing those results;
and, by providing such other research and analytical
services as the committee considers appropriate for these
purposes, otherwise to assist in furnishing a basis for the
proper evaluation and determination of legislative proposals
and recommendations generally; and in the performance of
this duty the Service shall have authority, when so
authorized by a committee and acting as the agent of that
committee, to request of any department or agency of the
United States the production of such books, records,
correspondence, memoranda, papers, and documents as the
Service considers necessary, and such department or agency
of the United States shall comply with such request; and,
further, in the performance of this and any other relevant
duty, the Service shall maintain continuous liaison with all
committees;
(2) to make available to each committee of the Senate
and House of Representatives and each joint committee of the
two Houses, at the opening of a new Congress, a list of
programs and activities being carried out under existing law
scheduled to terminate during the current Congress, which
are within the jurisdiction of the committee;
(3) to make available to each committee of the Senate
and House of Representatives and each joint committee of the
two Houses, at the opening of a new Congress, a list of
subjects and policy areas which the committee might
profitably analyze in depth;
(4) upon request, or upon its own initiative in
anticipation of requests, to collect, classify, and analyze
in the form of studies, reports, compilations, digests,
bulletins, indexes, translations, and otherwise, data having
a bearing on legislation, and to make such data available
and serviceable to committees and Members of the Senate and
House of Representatives and joint committees of Congress;
(5) upon request, or upon its own initiative in
anticipation of requests, to prepare and provide
information, research, and reference materials and services
to committees and Members of the Senate and House of
Representatives and joint committees of Congress to assist
them in their legislative and representative functions;
(6) to prepare summaries and digests of bills and
resolutions of a public general nature introduced in the
Senate or House of Representatives;
(7) upon request made by any committee or Member of the
Congress, to prepare and transmit to such committee or
Member a concise memorandum with respect to one or more
legislative measures upon which hearings by any committee of
the Congress have been announced, which memorandum shall
contain a statement of the purpose and effect of each such
measure, a description of other relevant measures of similar
purpose or effect previously introduced in the Congress, and
a recitation of all action taken theretofore by or within
the Congress with respect to each such other measure; and
(8) to develop and maintain an information and research
capability, to include Senior Specialists, Specialists,
other employees, and consultants, as necessary, to perform
the functions provided for in this subsection.
334.5 (e) The Librarian of Congress is authorized to appoint
in the Congressional Research Service, upon the
recommendation of the Director, Specialists and Senior
Specialists in the following broad fields:
(1) agriculture;
(2) American government and public
administration;
(3) American public law;
(4) conservation;
(5) education;
(6) engineering and public works;
(7) housing;
(8) industrial organization and corporation
finance;
(9) international affairs;
(10) international trade and economic
geography;
(11) labor and employment;
(12) mineral economics;
(13) money and banking;
(14) national defense;
(15) price economics;
(16) science;
(17) social welfare;
(18) taxation and fiscal policy;
(19) technology;
(20) transportation and communications;
(21) urban affairs;
(22) veterans' affairs; and
(23) such other broad fields as the Director
may consider appropriate.
Such Specialists and Senior Specialists, together with such
other employees of the Congressional Research Service as may
be necessary, shall be available for special work with the
committees and Members of the Senate and House of
Representatives and the joint committees of Congress for any
of the purposes of subsection (d) of this section.
334.6 (f) The Director is authorized--
(1) to classify, organize, arrange, group,
and divide, from time to time, as he considers
advisable, the requests for advice, assistance,
and other services submitted to the
Congressional Research Service by committees and
Members of the Senate and House of
Representatives and joint committees of
Congress, into such classes and categories as he
considers necessary to--
(A) expedite and facilitate the handling
of the individual requests submitted by
Members of the Senate and House of
Representatives,
(B) promote efficiency in the
performance of services for committees of
the Senate and House of Representatives and
joint committees of Congress, and
(C) provide a basis for the efficient
performance by the Congressional Research
Service of its legislative research and
related functions generally,
and
(2) to establish and change, from time to
time, as he considers advisable, within the
Congressional Research Service, such research
and reference divisions or other organizational
units, or both, as he considers necessary to
accomplish the purposes of this section.
334.7 (g) The Director of the Congressional Research Service
will submit to the Librarian of Congress for review,
consideration, evaluation, and approval, the budget
estimates of the Congressional Research Service for
inclusion in the Budget of the United States Government.
334.8 (h)(l) The Director of the Congressional Research
Service may procure the temporary or intermittent assistance
of individual experts or consultants (including stenographic
reporters) and of persons learned in particular or
specialized fields of knowledge--
(A) by nonpersonal service contract, without
regard to any provision of law requiring
advertising for contract bids, with the
individual expert, consultant, or other person
concerned, as an independent contractor, for the
furnishing by him to the Congressional Research
Service of a written study, treatise, theme,
discourse, dissertation, thesis, summary,
advisory opinion, or other end product; or
(B) by employment (for a period of not more
than one year) in the Congressional Research
Service of the individual expert, consultant, or
other person concerned, by personal service
contract or otherwise, without regard to the
position classification laws, at a rate of pay
not in excess of the per diem equivalent of the
highest rate of basic pay then currently in
effect for the General Schedule of section 5332
of title 5, including payment of such rate for
necessary travel time.
(2) The Director of the Congressional Research Service
may procure by contract, without regard to any provision of
law requiring advertising for contract bids, the temporary
(for respective periods not in excess of one year) or
intermittent assistance of educational, research, or other
organizations of experts and consultants (including
stenographic reporters) and of educational, research, and
other organizations of persons learned in particular or
specialized fields of knowledge.
334.9 (i) The Director of the Congressional Research Service
shall prepare and file with the Joint Committee on the
Library at the beginning of each regular session of Congress
a separate and special report covering, in summary and in
detail, all phases of activity of the Congressional Research
Service for the immediately preceding fiscal year.
334.10 (j) There are hereby authorized to be appropriated to
the Congressional Research Service each fiscal year such
sums as may be necessary to carry on the work of the
Service. (Aug. 2, 1946, ch. 753, Sec. 203(a)(b), 60 Stat.
836; Oct. 28, 1949, ch. 782, Sec. 1106(a), 63 Stat. 972;
Oct. 26, 1970, Pub. L. 91-510, Sec. 321, 84 Stat. 1181; as
amended Nov. 14, 1985, Pub. L. 99-151, Sec. 104, 99 Stat.
802; Dec. 19, 1985, Pub. L. 99-190, Sec. 133, 99 Stat. 1322,
Pub. L. 106-57, Title II, Sec. 209(b), Sept. 29, 1999, 113
Stat. 424.)
Note
The provision under the heading ``Library of Congress''
and the subheadings ``Congressional Research Service'' and
``Salaries and Expenses'' contained in the Joint Resolution
entitled ``Joint Resolution making further continuing
appropriations for the fiscal year 1988, and for other
purposes'', approved December 22, 1987 (101 Stat. 1329-303),
provided, in part, that:
``. . . Notwithstanding any other provision of law, the
compensation for the Director of the Congressional Research
Service, Library of Congress, shall be at an annual rate
which is equal to the annual rate of basic pay for positions
at level IV of the Executive Schedule under section 5315 of
title 5, United States Code.''
Chapter 6.--CONGRESSIONAL AND COMMITTEE PROCEDURE:
INVESTIGATIONS
348 Sec. 191. Oaths to witnesses.
The President of the Senate, the Speaker of the House of
Representatives, or a chairman of any joint committee
established by a joint or concurrent resolution of the two
Houses of Congress, or of a committee of the whole, or of
any committee of either House of Congress, is empowered to
administer oaths to witnesses in any case under their
examination.
Any Member of either House of Congress may administer
oaths to witnesses in any matter depending in either House
of Congress of which he is a Member, or any committee
thereof. (June 26, 1884, ch. 123, 23 Stat. 60; June 22,
1938, ch. 594, 52 Stat. 942, 943.)
349 Sec. 192. Refusal of witness to testify.
Every person who having been summoned as a witness by
the authority of either House of Congress to give testimony
or to produce papers upon any matter under inquiry before
either House, or any joint committee established by a joint
or concurrent resolution of the two Houses of Congress, or
any committee of either House of Congress willfully makes
default, or who, having appeared, refuses to answer any
question pertinent to the question under inquiry, shall be
deemed guilty of a misdemeanor, punishable by a fine of not
more than $1,000 nor less than $100 and imprisonment in a
common jail for not less than one month nor more than twelve
months. (June 22, 1938, ch. 594, 52 Stat. 942.)
350 Sec. 193. Privilege of witnesses.
No witness is privileged to refuse to testify to any
fact, or to produce any paper, respecting which he shall be
examined by either House of Congress, or by any joint
committee established by a joint or concurrent resolution of
the two Houses of Congress, or by any committee of either
House, upon the ground that his testimony to such fact or
his production of such paper may tend to disgrace him or
otherwise render him infamous. (June 22, 1938, ch. 594, 52
Stat. 942.)
351 Sec. 194. Witnesses failing to testify or produce records.
Whenever a witness summoned as mentioned in section 192
of this title fails to appear to testify or fails to produce
any books, papers, records, or documents, as required, or
whenever any witness so summoned refuses to answer any
question pertinent to the subject under inquiry before
either House, or any joint committee established by a joint
or concurrent resolution of the two Houses of Congress, or
any committee or subcommittee of either House of Congress,
and the fact of such failure or failures is reported to
either House while Congress is in session, or when Congress
is not in session, a statement of fact constituting such
failure is reported to and filed with the President of the
Senate or the Speaker of the House, it shall be the duty of
the said President of the Senate or Speaker of the House, as
the case may be, to certify, and he shall so certify, the
statement of facts aforesaid under the seal of the Senate or
House, as the case may be, to the appropriate United States
attorney, whose duty it shall be to bring the matter before
the grand jury for its action. (June 22, 1938, ch. 594, 52
Stat. 942.)
351.5 Sec. 194a. Request by congressional committees to
Presidential appointees to Federal departments,
agencies, etc., concerned with foreign countries or
multilateral organizations for expression of views and
opinions.
Upon the request of a committee of either House of
Congress, a joint committee of Congress, or a member of such
committee, any officer or employee of the Department of
State, the Agency for International Development, or any
other department, agency, or independent establishment of
the United States Government primarily concerned with
matters relating to foreign countries or multilateral
organizations, may express his views and opinions, and make
recommendations he considers appropriate, if the request of
the committee or member of the committee relates to a
subject which is within the jurisdiction of that committee.
(July 13, 1972, Pub. L. 92-352, Sec. 502, 86 Stat. 496; Oct.
18, 1973, Pub. L. 93-126, Sec. 17, 87 Stat. 455, Pub. L.
105-277, div G, subdiv. A, Title XII, Sec. 1225(g), Title
XIII, Sec. 1335(n), Oct. 21, 1998, 112 Stat. 2681-775, 2681-
789.)
351.6 Sec. 194b. Omitted.
352 Sec. 195a. Restriction on payment of witness fees or travel
and subsistence expenses to persons subpenaed by
Congressional committees.
No part of any appropriation disbursed by the Secretary
of the Senate shall be available on or after July 12, 1960,
hereafter for the payment to any person, at the time of the
service upon him of a subpena requiring his attendance at
any inquiry or hearing conducted by any committee of the
Congress or of the Senate or any subcommittee of any such
committee, of any witness fee or any sum of money as an
advance payment of any travel or subsistence expense which
may be incurred by such person in responding to that
subpena. (July 12, 1960, Pub. L. 86-628, 74 Stat. 449.)
352.5 Sec. 195b. Fees for witnesses requested to appear before
Majority Policy Committee or Minority Policy Committee.
Any witness requested to appear before the Majority
Policy Committee or the Minority Policy Committee shall be
entitled to a witness fee for each full day spent in
traveling to and from the place at which he is to appear,
and reimbursement of actual and necessary transportation
expenses incurred in traveling to and from that place, at
rates not to exceed those rates paid witnesses appearing
before committees of the Senate. (Aug. 13, 1974, Pub. L. 93-
371, Sec. 101(7), 88 Stat. 431.)
353 Sec. 196. Senate resolutions for investigations; limit of
cost.
Senate resolutions providing for inquiries and
investigations shall contain a limit of cost of such
investigation, which limit shall not be exceeded except by
vote of the Senate authorizing additional amounts. (Mar. 3,
1926, ch. 44, Sec. 1, 44 Stat. 162.)
354 Sec. 198. Adjournment.
(a) Unless otherwise provided by the Congress the two
Houses shall--
(1) adjourn sine die not later than July 31
of each year; or
(2) in the case of an odd-numbered year,
provide, not later than July 31 of such year, by
concurrent resolution adopted in each House by
rollcall vote, for the adjournment of the two
Houses from that Friday in August which occurs
at least thirty days before the first Monday in
September (Labor Day) of such year to the second
day after Labor Day.
(b) This section shall not be applicable in any year if
on July 31 of such year a state of war exists pursuant to a
declaration of war by the Congress. (Aug. 2, 1946, ch. 753,
Sec. 132, 60 Stat. 831; Oct. 26, 1970, Pub. L. 91-510,
Sec. 461, 84 Stat. 1193.)
373 Sec. Sec. 261-270 Repealed.
For provisions relating to disclosure of lobbying
activities to influence Federal Government, see section 1601
et seq. of Title 2, United States Code.
Chapter 9.--OFFICE OF LEGISLATIVE COUNSEL
390 Sec. 271. Establishment.
There shall be in the Senate an office to be known as
the Office of the Legislative Counsel, and to be under the
direction of the Legislative Counsel of the Senate. (Feb.
24, 1919, ch. 18, Sec. 1303(a), (d), 40 Stat. 1141; June 2,
1924, ch. 234, Sec. 1101, 43 Stat. 353.)
391 Sec. 272. Legislative Counsel.
The Legislative Counsel shall be appointed by the
President pro tempore of the Senate, without reference to
political affiliations and solely on the ground of fitness
to perform the duties of the office. (Feb. 24, 1919, ch. 18,
Sec. 1303(a), (d), 40 Stat. 1141; June 2, 1924, ch. 234,
Sec. 1101, 43 Stat. 353; Sept. 20, 1941, ch. 412, Title VI,
Sec. 602, 55 Stat. 726.)
392 Sec. 273. Compensation.
The Legislative Counsel of the Senate shall be paid at
an annual rate of compensation of $40,000. (Feb. 24, 1919,
ch. 18, Sec. 1303(d), as added June 2, 1924, ch. 234,
Sec. 1101, 43 Stat. 353, and amended June 18, 1940, ch. 396,
Sec. 1, 54 Stat. 472; Sept. 20, 1941, ch. 412, Title VI,
Sec. 602, 55 Stat. 726; Oct. 15, 1949, ch. 695, Sec. 6(c),
63 Stat. 881; Aug. 5, 1955, ch. 568, Sec. Sec. 9, 101, 69
Stat. 509, 514; July 1, 1957, Pub. L. 85-75, Sec. 101, 71
Stat. 250; Aug. 14, 1964, Pub. L. 88-426, Title II,
Sec. 203(g), 78 Stat. 415; Aug. 13, 1974, Pub. L. 93-371,
Sec. 101(4), 88 Stat. 429; July 25, 1975, Pub. L. 94-59,
Title I, Sec. 105, 89 Stat. 275.)
393 Sec. 274. Staff, office equipment and supplies.
The Legislative Counsel shall, subject to the approval
of the President pro tempore of the Senate, employ and fix
the compensation of such Assistant Counsel, clerks, and
other employees, and purchase such furniture, office
equipment, books, stationery, and other supplies, as may be
necessary for the proper performance of the duties of the
Office and as may be appropriated for by Congress. (Feb. 24,
1919, ch. 18, Sec. 1303(a), (d), 40 Stat. 1141; June 2,
1924, ch. 234, Sec. 1101, 43 Stat. 353; Sept. 20, 1941, ch.
412, Title VI, Sec. 602, 55 Stat. 726.)
394 Sec. 275. Functions.
The Office of the Legislative Counsel shall aid in
drafting public bills and resolutions or amendments thereto
on the request of any committee of the Senate, but the
Committee on Rules and Administration of the Senate, may
determine the preference, if any, to be given to such
requests of the committees of the Senate. The Legislative
Counsel shall, from time to time, prescribe rules and
regulations for the conduct of the work of the Office for
the committees of the Senate, subject to the approval of
such Committee on Rules and Administration. (Feb. 24, 1919,
ch. 18, Sec. 1303(b), (d), 40 Stat. 1141; June 2, 1924, ch.
234, Sec. 1101, 43 Stat. 353; Aug. 2, 1946, ch. 753, Title
I, Sec. Sec. 102, 121, 60 Stat. 814, 822.)
395 Sec. 276. Disbursement of appropriations.
All appropriations for the Office of the Legislative
Counsel shall be disbursed by the Secretary of the Senate.
(Feb. 24, 1919, ch. 18, Sec. 1303(c), (d), 40 Stat. 1141;
June 2, 1924, ch. 234, Sec. 1101, 43 Stat. 353.)
395.1 Sec. 276a. Expenditures.
With the approval of the President pro tempore of the
Senate, the Legislative Counsel of the Senate may make such
expenditures as may be necessary or appropriate for the
functioning of the Office of the Legislative Counsel of the
Senate. (July 14, 1983, Pub. L. 98-51, Sec. 106, 97 Stat.
267.)
395.2 Sec. 276b. Travel and related expenses.
Funds expended by the Legislative Counsel of the Senate
for travel and related expenses shall be subject to the same
regulations and limitations (insofar as they are applicable)
as those which the Senate Committee on Rules and
Administration prescribes for application to travel and
related expenses for which payment is authorized to be made
from the contingent fund of the Senate. (July 14, 1983, Pub.
L. 98-51, Sec. 106, 97 Stat. 267.)
Chapter 9D.--OFFICE OF SENATE LEGAL COUNSEL
396 Sec. 288. Office of Senate Legal Counsel.
396.1 (a) Establishment; appointment of Counsel and Deputy
Counsel; Senate approval; reappointment; compensation
(1) There is established, as an office of the Senate,
the Office of Senate Legal Counsel (hereinafter referred to
as the ``Office''), which shall be headed by a Senate Legal
Counsel (hereinafter referred to as the ``Counsel''); and
there shall be a Deputy Senate Legal Counsel (hereinafter
referred to as the ``Deputy Counsel'') who shall perform
such duties as may be assigned to him by the Counsel and
who, during any absence, disability, or vacancy in the
position of the Counsel, shall serve as Acting Senate Legal
Counsel.
(2) The Counsel and the Deputy Counsel each shall be
appointed by the President pro tempore of the Senate from
among recommendations submitted by the majority and minority
leaders of the Senate. Any appointment made under this
paragraph shall be made without regard to political
affiliation and solely on the basis of fitness to perform
the duties of the position. Any person appointed as Counsel
or Deputy Counsel shall be learned in the law, a member of
the bar of a State or the District of Columbia, and shall
not engage in any other business, vocation, or employment
during the term of such appointment.
(3)(A) Any appointment made under paragraph (2) shall
become effective upon approval by resolution of the Senate.
The Counsel and the Deputy Counsel shall each be appointed
for a term of service which shall expire at the end of the
Congress following the Congress during which the Counsel or
Deputy Counsel, respectively, is appointed except that the
Senate may, by resolution, remove either the Counsel or the
Deputy Counsel prior to the termination of any term of
service. The Counsel and the Deputy Counsel may be
reappointed at the termination of any term of service.
(B) The first Counsel and the first Deputy Counsel shall
be appointed, approved, and begin service within ninety days
after January 3, 1979, and thereafter the Counsel and Deputy
Counsel shall be appointed, approved, and begin service
within thirty days after the beginning of the session of the
Congress immediately following the termination of a
Counsel's or Deputy Counsel's term of service or within
sixty days after a vacancy occurs in either position.
(4) The Counsel shall receive compensation at a rate
equal to the annual rate of basic pay for level III of the
Executive Schedule under section 5314 of title 5. The Deputy
Counsel shall receive compensation at a rate equal to the
annual rate of basic pay for level IV of the Executive
Schedule under section 5315 of title 5.
396.2 (b) Assistant counsels and other personnel; compensation;
appointment; removal
(1) The Counsel shall select and fix the compensation of
such Assistant Senate Legal Counsels (hereinafter referred
to as ``Assistant Counsels'') and of such other personnel,
within the limits of available funds, as may be necessary to
carry out the provisions of this chapter and may prescribe
the duties and responsibilities of such personnel. The
compensation fixed for each Assistant Counsel shall not be
in excess of a rate equal to the annual rate of basic pay
for level V of the Executive Schedule under section 5316 of
title 5. Any selection made under this paragraph shall be
made without regard to political affiliation and solely on
the basis of fitness to perform the duties of the position.
Any individual selected as an Assistant Counsel shall be
learned in the law, a member of the bar of a State or the
District of Columbia, and shall not engage in any other
business, vocation, or employment during his term of
service. The Counsel may remove any individual appointed
under this paragraph.
(2) For purposes of pay (other than the rate of pay of
the Counsel and Deputy Counsel) and employment benefits,
right, and privileges, all personnel of the Office shall be
treated as employees of the Senate.
396.3 (c) Consultants
In carrying out the functions of the Office, the Counsel
may procure the temporary (not to exceed one year) or
intermittent services of individual consultants (including
outside counsel), or organizations thereof, in the same
manner and under the same conditions as a standing committee
of the Senate may procure such services under section 72a(i)
of this title.
396.4 (d) Policies and procedures
The Counsel may establish such policies and procedures
as may be necessary to carry out the provisions of this
chapter.
396.5 (e) Delegation of duties
The Counsel may delegate authority for the performance
of any function imposed by this chapter except any function
imposed upon the Counsel under section 288e(b) of this
title.
396.6 (f) Attorney-client relationship
The Counsel and other employees of the Office shall
maintain the attorney-client relationship with respect to
all communications between them and any Member, officer, or
employee of the Senate. (Oct. 26, 1978, Pub. L. 95-521,
Title VII, Sec. 701, 92 Stat. 1875.)
396.7 Sec. 288a. Senate Joint Leadership Group.
396.7-1 (a) Accountability of office
The Office shall be directly accountable to the Joint
Leadership Group in the performance of the duties of the
Office.
396.7-2 (b) Membership
For purposes of this chapter, the Joint Leadership Group
shall consist of the following Members:
(1) The President pro tempore (or if he so
designates, the Deputy President pro tempore) of
the Senate.
(2) The majority and minority leaders of the
Senate.
(3) The chairman and ranking minority member
of the Committee on the Judiciary of the Senate.
(4) The chairman and ranking minority member
of the committee of the Senate which has
jurisdiction over the contingent fund of the
Senate.
396.7-3 (c) Assistance of Secretary of Senate
(c) The Joint Leadership Group shall be assisted in the
performance of its duties by the Secretary of the Senate.
(Oct. 26, 1978, Pub. L. 95-521, Title VII, Sec. 702, 92
Stat. 1877.)
396.8 Sec. 288b. Requirements for authorizing representation
activity.
396.8-1 (a) Direction of Joint Leadership Group or Senate resolution
The Counsel shall defend the Senate or a committee,
subcommittee, Member, officer, or employee of the Senate
under section 288c of this title only when directed to do so
by two-thirds of the Members of the Joint Leadership Group
or by the adoption of a resolution by the Senate.
396.8-2
396.8-2 (b) Civil action to enforce subpena
The Counsel shall bring a civil action to enforce a
subpena of the Senate or a committee or subcommittee of the
Senate under section 288d of this title only when directed
to do so by the adoption of a resolution by the Senate.
396.8-3
396.8-3 (c) Intervention or appearance
The Counsel shall intervene or appear as amicus curiae
under section 288e of this title only when directed to do so
by a resolution adopted by the Senate when such intervention
or appearance is to be made in the name of the Senate or in
the name of an officer, committee, subcommittee, or chairman
of a committee or subcommittee of the Senate.
396.8-4 (d) Immunity proceedings
The Counsel shall serve as the duly authorized
representative in obtaining an order granting immunity under
section 288f of this title of--
(1) the Senate when directed to do so by an
affirmative vote of a majority of the Members
present of the Senate; or
(2) a committee or subcommittee of the
Senate when directed to do so by an affirmative
vote of two-thirds of the members of the full
committee.
396.8-5 (e) Resolution recommendations
(e) The Office shall make no recommendation with respect
to the consideration of a resolution under this section.
(Oct. 26, 1978, Pub. L. 95-521, Title VII, Sec. 703, 92
Stat. 1877.)
396.9 Sec. 288c. Defending the Senate, committee, subcommittee,
member, officer, or employee of the Senate.
(a) Except as otherwise provided in subsection (b) of
this section, when directed to do so pursuant to section
288b(a) of this title, the Counsel shall--
(1) defend the Senate, a committee,
subcommittee, Member, officer, or employee of
the Senate in any civil action pending in any
court of the United States or of a State or
political subdivision thereof, in which the
Senate, such committee, subcommittee, Member,
officer, or employee is made a party defendant
and in which there is placed in issue the
validity of any proceeding of, or action,
including issuance of any subpena or order,
taken by the Senate, or such committee,
subcommittee, Member, officer, or employee in
its or his official or representative capacity;
or
(2) defend the Senate or a committee,
subcommittee, Member, officer, or employee of
the Senate in any proceeding with respect to any
subpena or order directed to the Senate or such
committee, subcommittee, Member, officer, or
employee in its or his official or
representative capacity.
(b) Representation of a Member, officer, or employee
under subsection (a) of this section shall be undertaken by
the Counsel only upon the consent of such Member, officer,
or employee. (Oct. 26, 1978, Pub. L. 95-521, Title VII,
Sec. 704, 92 Stat. 1877.)
396.10 Sec. 288d. Enforcement of Senate subpena or order.
396.10-1 (a) Institution of civil actions
When directed to do so pursuant to section 288b(b) of
this title, the Counsel shall bring a civil action under any
statute conferring jurisdiction on any court of the United
States (including section 1365 of title 28), to enforce, to
secure a declaratory judgment concerning the validity of, or
to prevent a threatened failure or refusal to comply with,
any subpena or order issued by the Senate or a committee or
a subcommittee of the Senate authorized to issue a subpena
or order.
396.10-2 (b) Actions in name of committees and subcommittees
Any directive to the Counsel to bring a civil action
pursuant to subsection (a) of this section in the name of a
committee or subcommittee of the Senate shall, for such
committee or subcommittee, constitute authorization to bring
such action within the meaning of any statute conferring
jurisdiction on any court of the United States.
396.10-3 (c) Consideration of resolutions authorizing actions
It shall not be in order in the Senate to consider a
resolution to direct the Counsel to bring a civil action
pursuant to subsection (a) of this section in the name of a
committee or subcommittee unless--
(1) such resolution is reported by a
majority of the members voting, a majority being
present, of such committee or committee of which
such subcommittee is a subcommittee, and
(2) the report filed by such committee or
committee of which such subcommittee is a
subcommittee contains a statement of--
(A) the procedure followed in issuing
such subpena;
(B) the extent to which the party
subpenaed has complied with such subpena;
(C) any objections or privileges raised
by the subpenaed party; and
(D) the comparative effectiveness of
bringing a civil action under this section,
certification of a criminal action for
contempt of Congress, and initiating a
contempt proceeding before the Senate.
396.10-4 (d) Rules of Senate
The provisions of subsection (c) of this section are
enacted--
(1) as an exercise of the rulemaking power
of the Senate, and, as such, they shall be
considered as part of the rules of the Senate,
and such rules shall supersede any other rule of
the Senate only to the extent that rule is
inconsistent therewith; and
(2) with full recognition of the
constitutional right of the Senate to change
such rules (so far as relating to the procedure
in the Senate) at any time, in the same manner,
and to the same extent as in the case of any
other rule of the Senate.
396.10-5 (e) Committee reports
A report filed pursuant to subsection (c)(2) of this
section shall not be receivable in any court of law to the
extent such report is in compliance with such subsection.
396.10-6 (f) Omitted
396.10-7 (g) Certification of failure to testify; contempt
Nothing in this section shall limit the discretion of--
(1) the President pro tempore of the Senate
in certifying to the United States Attorney for
the District of Columbia any matter pursuant to
section 194 of this title; or
(2) the Senate to hold any individual or
entity in contempt of the Senate. (Oct. 26,
1978, Pub. L. 95-521, Title VII, Sec. 705(a)-
(e), (g), 92 Stat. 1878, 1880; Pub. L. 99-336,
Sec. 6(a)(2), June 19, 1986, 100 Stat. 639.)
396.11 Sec. 288e. Intervention or appearance.
396.11-1 (a) Actions or proceedings
When directed to do so pursuant to section 288b(c) of
this title, the Counsel shall intervene or appear as amicus
curiae in the name of the Senate, or in the name of an
officer, committee, subcommittee, or chairman of a committee
or subcommittee of the Senate in any legal action or
proceeding pending in any court of the United States or of a
State or political subdivision thereof in which the powers
and responsibilities of Congress under the Constitution of
the United States are placed in issue. The Counsel shall be
authorized to intervene only if standing to intervene exists
under section 2 of article III of the Constitution of the
United States.
396.11-2 (b) Notification; publication
The Counsel shall notify the Joint Leadership Group of
any legal action or proceeding in which the Counsel is of
the opinion that intervention or appearance as amicus curiae
under subsection (a) of this section is in the interest of
the Senate. Such notification shall contain a description of
the legal action or proceeding together with the reasons
that the Counsel is of the opinion that intervention or
appearance as amicus curiae is in the interest of the
Senate. The Joint Leadership Group shall cause said
notification to be published in the Congressional Record for
the Senate.
396.11-3 (c) Powers and responsibilities of Congress
The Counsel shall limit any intervention or appearance
as amicus curiae in an action or proceeding to issues
relating to the powers and responsibilities of Congress.
(Oct. 26, 1978, Pub. L. 95-521, Title VII, Sec. 706, 92
Stat. 1880.)
396.12 Sec. 288f. Immunity proceedings.
When directed to do so pursuant to section 288b(d) of
this title, the Counsel shall serve as the duly authorized
representative of the Senate or a committee or subcommittee
of the Senate in requesting a United States district court
to issue an order granting immunity pursuant to section 6005
of title 18. (Oct. 26, 1978, Pub. L. 95-521, Title VII,
Sec. 707, 92 Stat. 1880.)
396.13 Sec. 288g. Advisory and other functions.
396.13-1 (a) Cooperation with persons, committees, subcommittees, and
offices
The Counsel shall advise, consult, and cooperate with--
(1) the United States Attorney for the
District of Columbia with respect to any
criminal proceeding for contempt of Congress
certified by the President pro tempore of the
Senate pursuant to section 194 of this title;
(2) the committee of the Senate with the
responsibility to identify any court proceeding
or action which is of vital interest to the
Senate;
(3) the Comptroller General, the General
Accounting Office, the Office of Legislative
Counsel of the Senate, and the Congressional
Research Service, except that none of the
responsibilities and authority assigned by this
chapter to the Counsel shall be construed to
affect or infringe upon any functions, powers,
or duties of the aforementioned;
(4) any Member, officer, or employee of the
Senate not represented under section 288c of
this title with regard to obtaining private
legal counsel for such Member, officer, or
employee;
(5) the President pro tempore of the Senate,
the Secretary of the Senate, the Sergeant-at-
Arms of the Senate, and the Parliamentarian of
the Senate, regarding any subpena, order, or
request for withdrawal of papers presented to
the Senate which raises a question of the
privileges of the Senate; and
(6) any committee or subcommittee of the
Senate in promulgating and revising their rules
and procedures for the use of congressional
investigative powers and with respect to
questions which may arise in the course of any
investigation.
396.13-2 (b) Legal research files
The Counsel shall compile and maintain legal research
files of materials from court proceedings which have
involved Congress, a House of Congress, an office or agency
of Congress, or any committee, subcommittee, Member,
officer, or employee of Congress. Public court papers and
other research memoranda which do not contain information of
a confidential or privileged nature shall be made available
to the public consistent with any applicable procedures set
forth in such rules of the Senate as may apply and the
interests of the Senate.
396.13-3 (c) Miscellaneous duties
The Counsel shall perform such other duties consistent
with the purposes and limitations of this chapter as the
Senate may direct. (Oct. 26, 1978, Pub. L. 95-521, Title
VII, Sec. 708, 92 Stat. 1880.)
396.14 Sec. 288h. Defense of certain constitutional powers.
In performing any function under this chapter, the
Counsel shall defend vigorously when placed in issue--
(1) the constitutional privilege from arrest
or from being questioned in any other place for
any speech or debate under section 6 of article
I of the Constitution of the United States;
(2) the constitutional power of the Senate
to be judge of the elections, returns, and
qualifications of its own Members and to punish
or expel a Member under section 5 of article I
of the Constitution of the United States;
(3) the constitutional power of the Senate
to except from publication such parts of its
journal as in its judgment may require secrecy;
(4) the constitutional power of the Senate
to determine the rules of its proceedings;
(5) the constitutional power of Congress to
make all laws as shall be necessary and proper
for carrying into execution the constitutional
powers of Congress and all other powers vested
by the Constitution in the Government of the
United States, or in any department or office
thereof;
(6) all other constitutional powers and
responsibilities of the Senate or of Congress;
and
(7) the constitutionality of Acts and joint
resolutions of the Congress. (Oct. 26, 1978,
Pub. L. 95-521, Title VII, Sec. 709, 92 Stat.
1881.)
396.15 Sec. 288i. Representation conflict or inconsistency.
396.15-1 (a) Notification
In the carrying out of the provisions of this chapter,
the Counsel shall notify the Joint Leadership Group, and any
party represented or person affected, of the existence and
nature of any conflict or inconsistency between the
representation of such party or person and the carrying out
of any other provision of this chapter or compliance with
professional standards and responsibilities.
396.15-2 (b) Solution; publication in Congressional Record; review
Upon receipt of such notification, the members of the
Joint Leadership Group shall recommend the action to be
taken to avoid or resolve the conflict or inconsistency. If
such recommendation is made by a two-thirds vote, the
Counsel shall take such steps as may be necessary to resolve
the conflict or inconsistency as recommended. If not, the
members of the Joint Leadership Group shall cause the
notification of conflict or inconsistency and recommendation
with respect to resolution thereof to be published in the
Congressional Record of the Senate. If the Senate does not
direct the Counsel within fifteen days from the date of
publication in the Record to resolve the conflict in another
manner, the Counsel shall take such action as may be
necessary to resolve the conflict or inconsistency as
recommended. Any instruction or determination made pursuant
to this subsection shall not be reviewable in any court of
law.
396.15-3 (c) Computation of period following publication
For purposes of the computation of the fifteen-day
period in subsection (b) of this section--
(1) continuity of session is broken only by
an adjournment of Congress sine die; and
(2) the days on which the Senate is not in
session because of an adjournment of more than
three days to a date certain are excluded.
396.15-4 (d) Reimbursement
The Senate may by resolution authorize the reimbursement
of any Member, officer, or employee of the Senate who is not
represented by the Counsel for fees and costs, including
attorneys' fees, reasonably incurred in obtaining
representation. Such reimbursement, shall be from funds
appropriated to the contingent fund of the Senate. (Oct. 26,
1978, Pub. L. 95-521, Title VII, Sec. 710, 92 Stat. 1882.)
396.16 Sec. 288j. Consideration of resolutions to direct counsel.
396.16-1 (a) Procedure; rules
(1) A resolution introduced pursuant to section 288b of
this title shall not be referred to a committee, except as
otherwise required under section 288d(c) of this title. Upon
introduction, or upon being reported if required under
section 288d(c) of this title, whichever is later, 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 such resolution. A motion to
proceed to the consideration of a resolution shall be highly
privileged and not debatable. An amendment to such motion
shall not be in order, and it shall not be in order to move
to reconsider the vote by which such motion is agreed to.
(2) With respect to a resolution pursuant to section
288b(a) of this title, the following rules apply:
(A) If the motion to proceed to the
consideration of the resolution is agreed to,
debate thereon shall be limited to not more than
ten hours, which shall be divided equally
between, and controlled by, those favoring and
those opposing the resolution. A motion further
to limit debate shall not be debatable. No
amendment to the resolution shall be in order.
No motion to recommit the resolution shall be in
order, and it shall not be in order to
reconsider the vote by which the resolution is
agreed to.
(B) Motions to postpone, made with respect
to the consideration of the resolution, and
motions to proceed to the consideration of other
business, shall be decided without debate.
(C) All appeals from the decisions of the
Chair relating to the application of the rules
of the Senate to the procedure relating to the
resolution shall be decided without debate.
396.16-2 (b) Definition
For purposes of this chapter, other than section 288b of
this title, the term ``committee'' includes standing,
select, and special committees of the Senate established by
law or resolution.
396.16-3 (c) Rules of the Senate
The provisions of this section are enacted--
(1) as an exercise of the rulemaking power
of the Senate, and, as such, they shall be
considered as part of the rules of the Senate,
and such rules shall supersede any other rule of
the Senate only to the extent that rule is
inconsistent therewith; and
(2) with full recognition of the
constitutional right of the Senate to change
such rules at any time, in the same manner, and
to the same extent as in the case of any other
rule of the Senate. (Oct. 26, 1978, Pub. L. 95-
521, Title VII, Sec. 711, 92 Stat. 1882.)
396.17 Sec. 288k. Attorney General relieved of responsibility.
(a) Upon receipt of written notice that the Counsel has
undertaken, pursuant to section 288c(a) of this title, to
perform any representational service with respect to any
designated party in any action or proceeding pending or to
be instituted, the Attorney General shall--
(1) be relieved of any responsibility with
respect to such representational service;
(2) have no authority to perform such
service in such action or proceeding except at
the request or with the approval of the Senate;
and
(3) transfer all materials relevant to the
representation authorized under section 288c(a)
of this title to the Counsel, except that
nothing in this subsection shall limit any right
of the Attorney General under existing law to
intervene or appear as amicus curiae in such
action or proceeding.
(b) The Attorney General shall notify the Counsel with
respect to any proceeding in which the United States is a
party of any determination by the Attorney General or
Solicitor General not to appeal any court decision affecting
the constitutionality of an Act or joint resolution of
Congress within such time as will enable the Senate to
direct the Counsel to intervene as a party in such
proceeding pursuant to section 288e of this title. (Oct. 26,
1978, Pub. L. 95-521, Title VII, Sec. 712, 92 Stat. 1883.)
396.18 Sec. 288l. Procedural provisions.
396.18-1 (a) Intervention or appearance
Permission to intervene as a party or to appear as
amicus curiae under section 288e of this title shall be of
right and may be denied by a court only upon an express
finding that such intervention or appearance is untimely and
would significantly delay the pending action or that
standing to intervene has not been established under section
2 of article III of the Constitution of the United States.
396.18-2 (b) Compliance with admission requirements
The Counsel, the Deputy Counsel, or any designated
Assistant Counsel or counsel specially retained by the
Office shall be entitled, for the purpose of performing his
functions under this chapter, to enter an appearance in any
proceeding before any court of the United States or of a
State or political subdivision thereof without compliance
with any requirement for admission to practice before such
court, except that the authorization conferred by this
supply with respect to the admission of any such person to
practice before the United States Supreme Court.
396.18-3 (c) Standing to sue; jurisdiction
Nothing in this chapter shall be construed to confer
standing on any party seeking to bring, or jurisdiction on
any court with respect to, any civil or criminal action
against Congress, either House of Congress, a Member of
Congress, a committee or subcommittee of a House of
Congress, any office or agency of Congress, or any officer
or employee of a House of Congress or any office or agency
of Congress. (Oct. 26, 1978, Pub. L. 95-521, Title VII,
Sec. 713, 92 Stat. 1883.)
396.19 Sec. 288m. Contingent fund.
The expenses of the Office shall be paid from the
contingent fund of the Senate in accordance with section 68
of this title, and upon vouchers approved by the Counsel.
(Oct. 26, 1978, Pub. L. 95-521, Title VII, Sec. 716, 92
Stat. 1885.)
Chapter 11.--CITIZENS' COMMISSION ON PUBLIC SERVICE AND
COMPENSATION
398 Sec. 351. Citizens' Commission on Public Service and
Compensation.
There is hereby established a commission to be known as
the Citizens' Commission on Public Service and Compensation
(hereinafter referred to as the ``Commission''). (Dec. 16,
1967, Pub. L. 90-206, Sec. 225(a), 81 Stat. 642; Pub. L.
101-194, Title VII, Sec. 701(a)(1), Nov. 30, 1989, 103 Stat.
1763.)
398.1 Sec. 352. Membership.
(1) The Commission shall be composed of 11 members, who
shall be appointed from private life, as follows:
(A) 2 appointed by the President of the
United States;
(B) 1 appointed by the President pro tempore
of the Senate, upon the recommendation of the
majority and minority leaders of the Senate;
(C) 1 appointed by the Speaker of the House
of Representatives;
(D) 2 appointed by the Chief Justice of the
United States; and
(E) 5 appointed by the Administrator of
General Services in accordance with paragraph
(4).
(2) No person shall serve as a member of the Commission
who is--
(A) an officer or employee of the Federal
Government;
(B) registered (or required to register)
under the Federal Regulation of Lobbying Act [2
U.S.C.A. Sec. 261 et seq.]; or
(C) a parent, sibling, spouse, child, or
dependent relative, of anyone under subparagraph
(A) or (B).
(3) The persons appointed under subparagraphs (A)
through (D) of paragraph (1) shall be selected without
regard to political affiliation, and should be selected from
among persons who have experience or expertise in such areas
as government, personnel management, or public
administration.
(4) The Administrator of General Services shall by
regulation establish procedures under which persons shall be
selected for appointment under paragraph (1)(E). Such
procedures--
(A) shall be designed in such a way so as to
provide for the maximum degree of geographic
diversity practicable among members under
paragraph (1)(E);
(B) shall include provisions under which
those members shall be chosen by lot from among
names randomly selected from voter registration
lists; and
(C) shall otherwise comply with applicable
provisions of this subsection.
(5) The chairperson shall be designated by the
President.
(6) A vacancy in the membership of the Commission shall
be filled in the manner in which the original appointment
was made.
(7) Each member of the Commission shall be paid at the
rate of $100 for each day such member is engaged upon the
work of the Commission and shall be allowed travel expenses,
including a per diem allowance, in accordance with section
5703 of title 5, when engaged in the performance of services
for the Commission.
(8)(A) The terms of office of persons first appointed as
members of the Commission shall be for the period of the
1993 fiscal year of the Federal Government, and shall begin
not later than February 14, 1993.
(B) After the close of the 1993 fiscal year of the
Federal Government, persons shall be appointed as members of
the Commission with respect to every fourth fiscal year
following the 1993 fiscal year. The terms of office of
persons so appointed shall be for the period of the fiscal
year with respect to which the appointment is made, except
that, if any appointment is made after the beginning and
before the close of any such fiscal year, the term of office
based on such appointment shall be for the remainder of such
fiscal year.
(C)(i) Notwithstanding any provision of subparagraph (A)
or (B), members of the Commission may continue to serve
after the close of a fiscal year, if the date designated by
the President under section 357 of this title (relating to
the date by which the Commission is to submit its report to
the President) is subsequent to the close of such fiscal
year, and only if or to the extent necessary to allow the
Commission to submit such report.
(ii) Notwithstanding any provision of section 353 of
this title, authority under such subsection shall remain
available, after the close of a fiscal year, so long as
members of the Commission continue to serve. (Dec. 16, 1967,
Pub. L. 90-206, Sec. 225(b), 81 Stat. 642; Dec. 19, 1985,
Pub. L. 99-190, Sec. 135(a), 99 Stat. 1322; Pub. L. 101-194,
Title VII, Sec. 701(b), Nov. 30, 1989, 103 Stat. 1763.)
398.2 Sec. 353. Executive Director; additional personnel; detail
of personnel of other agencies.
(1) Without regard to the provisions of title 5
governing appointments in the competitive service, and the
provisions of chapter 51 and subchapter III of chapter 53 of
such title, relating to classification and General Schedule
pay rates, and on a temporary basis for periods covering all
or part of any fiscal year referred to in subparagraphs (A)
and (B) of section 352(8) of this title--
(A) the Commission is authorized to appoint
an Executive Director and fix his basic pay at
the rate provided for level V of the Executive
Schedule by section 5316 of title 5; and
(B) with the approval of the Commission, the
Executive Director is authorized to appoint and
fix the basic pay (at respective rates not in
excess of the maximum rate of the General
Schedule in section 5332 of title 5) of such
additional personnel as may be necessary to
carry out the function of the Commission.
(2) Upon the request of the Commission, the head of any
department, agency, or establishment of any branch of the
Federal Government is authorized to detail, on a
reimbursable basis, for periods covering all or part of any
fiscal year referred to in subparagraphs (A) and (B) of
section 352(8) of this title, any of the personnel of such
department, agency, or establishment to assist the
Commission in carrying out its function. (Dec. 16, 1967,
Pub. L. 90-206, Sec. 225(c), 81 Stat. 643; Pub. L. 101-194,
Title VII, Sec. 701(c), Nov. 30, 1989, 103 Stat. 1764.)
398.3 Sec. 354. Use of United States mails by Commission.
The Commission may use the United States mails in the
same manner and upon the same conditions as other
departments and agencies of the United States. (Dec. 16,
1967, Pub. L. 90-206, Sec. 225(d), 81 Stat. 643.)
398.4 Sec. 355. Administrative support services.
The Administrator of General Services shall provide
administrative support services for the Commission on a
reimbursable basis. (Dec. 16, 1967, Pub. L. 90-206,
Sec. 225(e), 81 Stat. 643.)
398.5 Sec. 356. Functions.
The Commission shall conduct, in each of the respective
fiscal years referred to in subparagraphs (A) and (B) of
section 352 (8) of this title, a review of the rates of pay
of--
(A) the Vice President of the United States,
Senators, Members of the House of
Representatives, the Resident Commissioner from
Puerto Rico, the Speaker of the House of
Representatives, the President pro tempore of
the Senate, and the majority and minority
leaders of the Senate and the House of
Representatives;
(B) offices and positions in the legislative
branch referred to in subsections (a), (b), (c),
and (d) of section 203 of the Federal
Legislative Salary Act of 1964 (78 Stat. 415;
Public Law 88-426);
(C) justices, judges, and other personnel in
the judicial branch referred to in section 403
of the Federal Judicial Salary Act of 1964 (78
Stat. 434; Public Law 88-426) except bankruptcy
judges, but including the judges of the United
States Court of Federal Claims;
(D) offices and positions under the
Executive Schedule in subchapter II of chapter
53 of title 5; and
(E) the Governors of the Board of Governors
of the United States Postal Service appointed
under section 202 of title 39.
Such review by the Commission shall be made for the purpose
of determining and providing--
(i) the appropriate pay levels and
relationships between and among the respective
offices and positions covered by such review,
and
(ii) the appropriate pay relationships
between such offices and positions and the
offices and positions subject to the provisions
of chapter 51 and subchapter III of chapter 53
of title 5, relating to classification and
General Schedule pay rates.
In reviewing the rates of pay of the offices or positions
referred to in subparagraph (D) of this section, the
Commission shall determine and consider the appropriateness
of the executive levels of such offices and positions. (Pub.
L. 90-206, Title II, Sec. 255(f), Dec. 16, 1967, 81 Stat.
643; Pub. L. 91-375, Sec. 6(a), Aug. 12, 1970, 84 Stat. 775;
Pub. L. 94-82, Title II Sec. 206(a), Aug. 9, 1975, 89 Stat.
423; Pub. L. 95-598, Title III, Sec. 301, Nov. 6, 1978, 92
Stat. 2673; Pub. L. 97-164, Title I, Sec. 143, Apr. 2, 1982,
96 Stat. 45; Pub. L. 99-190; Sec. 135(b), Dec. 19, 1985, 99
Stat. 1322; Pub. L. 100-202, Sec. 101(a) (Title IV,
Sec. 408(c)), Dec. 22, 1987, 101 Stat. 1329, 1329-27; Pub.
L. 101-194, Title VII, Sec. 701(d), Nov. 30, 1989, 103 Stat.
1764; Pub. L. 102-572, Title IX, Sec. 902(b)(1), Oct. 29,
1992, 106 Stat. 4516.)
398.6 Sec. 357. Report by Commission to the President with respect
to pay.
The Commission shall submit to the President a report of
the results of each review conducted by the Commission with
respect to rates of pay for the offices and positions within
the purview of subparagraphs (A), (B), (C), and (D) of
section 356 of this title, together with its
recommendations. Each such report shall be submitted on such
date as the President may designate but not later than
December 15 next following the close of the fiscal year in
which the review is conducted by the Commission. (Dec. 16,
1967, Pub. L. 90-206, Sec. 225(g), 81 Stat. 644; Dec. 19,
1985, Pub. L. 99-190, Sec. 135(c), 99 Stat. 1322; Pub. L.
101-194, Title VII, Sec. 701(e), Nov. 30, 1989, 103 Stat.
1764.)
398.7 Sec. 358. Recommendations of the President with respect to
pay.
(1) After considering the report and recommendations of
the Commission submitted under section 357 of this title,
the President shall transmit to Congress his recommendations
with respect to the exact rates of pay, for offices and
positions within the purview of subparagraphs (A), (B), (C),
and (D) of section 356 of this title, which the President
considers to be fair and reasonable in light of the
Commission's report and recommendations, the prevailing
market value of the services rendered in the offices and
positions involved, the overall economic condition of the
country, and the fiscal condition of the Federal Government.
(2) The President shall transmit his recommendations
under this subsection to Congress on the first Monday after
January 3 of the first calendar year beginning after the
date on which the Commission submits its report and
recommendations to the President under section 357 of this
title. (Dec. 16, 1967, Pub. L. 90-206, Sec. 225(h), 81 Stat.
644; Pub. L. 99-190, Sec. 135(d), Dec. 19, 1985, 99 Stat.
1322; Pub. L. 101-194, Title VII, Sec. 701(f), Nov. 30,
1989, 103 Stat. 1765.)
398.8 Sec. 359. Effective date of recommendations of the
President.
(1) None of the President's recommendations under
section 358 of this title shall take effect unless approved
under paragraph (2).
(2)(A) The recommendations of the President under
section 358 of this title shall be considered approved under
this paragraph if there is enacted into law a bill or joint
resolution approving such recommendations in their entirety.
This bill or joint resolution shall be passed by recorded
vote to reflect the vote of each Member of Congress thereon.
(B)(i) The provisions of this subparagraph are enacted
by the Congress--
(I) as an exercise of the rulemaking power
of the Senate and the House of Representatives
and as such shall be considered as part of the
rules of each House, and shall supersede other
rules only to the extent that they are
inconsistent therewith; and
(II) with full recognition of the
constitutional right of either House to change
the rules (so far as they relate to the
procedures of that House) at any time in the
same manner, and to the same extent as in the
case of any other rule of that House.
(ii) During the 60-calendar-day period beginning on the
date that the President transmits his recommendations to the
Congress under section 358 of this title, it shall be in
order as a matter of highest privilege in each House of
Congress to consider a bill or joint resolution, if offered
by the majority leader of such House (or a designee),
approving such recommendations in their entirety.
(3) Except as provided in paragraph (4), any recommended
pay adjustment approved under paragraph (2) shall take
effect as of the date proposed by the President under
section 358 of this title with respect to such adjustment.
(4)(A) Notwithstanding the approval of the President's
pay recommendations in accordance with paragraph (2), none
of those recommendations shall take effect unless, between
the date on which the bill or resolution approving those
recommendations is signed by the President (or otherwise
becomes law) and the earliest date as of which the President
proposes (under section 358 of this title) that any of those
recommendations take effect, an election of Representatives
shall have intervened.
(B) For purposes of this paragraph, the term ``election
of Representatives'' means an election held on the Tuesday
following the first Monday of November in any even-numbered
calendar year. (Dec. 16, 1967, Pub. L. 90-206, Sec. 225(i),
81 Stat. 644; Apr. 12, 1977, Pub. L. 95-19, Sec. 401(a), 91
Stat. 45; Dec. 19, 1985, Pub. L. 99-190, Sec. 135(e), 99
Stat. 1322; Pub. L. 101-194, Title VII, Sec. 701(g), Nov.
30, 1989, 103 Stat. 1765.)
398.9 Sec. 360. Effect of Presidential recommendations on existing
law and prior recommendations.
The recommendations of the President taking effect as
provided in subsection 359 of this title shall be held and
considered to modify, supersede, or render inapplicable, as
the case may be, to the extent inconsistent therewith--
(A) all provisions of law enacted prior to
the effective date or dates of all or part (as
the case may be) of such recommendations (other
than any provision of law enacted with respect
to such recommendations in the period beginning
on the date the President transmits his
recommendations to the Congress under section
358 of this title and ending on the date of
their approval under section 359(2) of this
title, and
(B) any prior recommendations of the
President which take effect under this chapter.
(Dec. 16, 1967, Pub. L. 90-206, Sec. 225(j), 81
Stat. 644; Apr. 12, 1977, Pub. L. 95-19,
Sec. 401(b), 91 Stat. 46; Dec. 19, 1985, Pub. L.
95-190, Sec. 135(f), 99 Stat. 1322; Pub. L. 99-
190, Sec. 135(f), Dec. 19, 1985, 99 Stat. 1322;
Pub. L. 101-194, Title VII, Sec. 701(h), Nov.
30, 1989, 103 Stat. 1766.)
398.10 Sec. 361. Publication of recommendations.
The recommendations of the President which take effect
shall be printed in the Statutes at Large in the same volume
as public laws and shall be printed in the Federal Register
and included in the Code of Federal Regulations. (Dec. 16,
1967, Pub. L. 90-206, Sec. 225(k), 81 Stat. 644.)
Note
Section 135(g) of Public Law 99-190 (99 Stat. 1323, Dec.
19, 1985) provides that the Commission shall not make
recommendations on rates of pay in connection with the
review of rates of pay conducted in fiscal year 1985 except
for the rates of pay of the Governors of the Board of Postal
Service.
398.11 Sec. 362. Requirements applicable to recommendations.
Notwithstanding any other provision of this chapter, the
recommendations submitted by the Commission to the President
under section 357 of this title, and the recommendations
transmitted by the President to the Congress under section
358 of this title shall be in conformance with the
following:
(1) Any recommended pay adjustment shall
specify the date as of which it is proposed that
such adjustment take effect.
(2) The proposed effective date of a pay
adjustment may occur no earlier than January 1
of the second fiscal year, and not later than
December 31 next following the close of the
fifth fiscal year, beginning after the fiscal
year in which the Commission conducts its review
under section 356 of this title.
(3)(A)(i) The rates of pay recommended for
the Speaker of the House of Representatives, the
Vice President of the United States, and the
Chief Justice of the United States,
respectively, shall be equal.
(ii) The rates of pay recommended for the
majority and minority leaders of the Senate and
the House of Representatives, the President pro
tempore of the Senate, and each office or
position under section 5312 of title 5,
(relating to level I of the Executive Schedule),
respectively, shall be equal.
(iii) The rates of pay recommended for a
Senator, a Member of the House of
Representatives, the Resident Commissioner from
Puerto Rico, a Delegate to the House of
Representatives, a judge of a district court of
the United States, a judge of the United States
Court of International Trade, and each office or
position under section 5313 of title 5,
(relating to level II of the Executive
Schedule), respectively, shall be equal.
(B) Nothing in this subsection shall be
considered to require that the rate recommended
for any office or position by the President
under section 358 of this title be the same as
the rate recommended for such office or position
by the Commission under section 357 of this
title. (Pub. L. 90-206, Title II, Sec. 225(l),
as added Pub. L. 101-194, Title VII,
Sec. 701(i), Nov. 30, 1989, 103 Stat. 1766.)
398.12 Sec. 363. Additional function.
The Commission shall, whenever it conducts a review
under section 356 of this title, also conduct a review under
this section relating to any recruitment or retention
problems, and any public policy issues involved in
maintaining appropriate ethical standards, with respect to
any offices or positions within the Federal public service.
Any findings or recommendations under this section shall be
included by the Commission as part of its report to the
President under section 357 of this title. (Pub. L. 90-206,
Title II, Sec. 225(m), as added Pub. L. 101-194, Title VII,
Sec. 701(j), Nov. 30, 1989, 103 Stat. 1767.)
398.13 Sec. 364. Provision relating to certain other pay
adjustments.
(1) A provision of law increasing the rate of pay
payable for an office or position within the purview of
subparagraph (A), (B), (C), or (D) of section 356 of this
title shall not take effect before the beginning of the
Congress following the Congress during which such provision
is enacted.
(2) For purposes of this section, a provision of law
enacted during the period beginning on the Tuesday following
the first Monday of November of an even-numbered year of any
Congress and ending at noon on the following January 3 shall
be considered to have been enacted during the first session
of the following Congress.
(3) Nothing in this section shall be considered to apply
wtih respect to any pay increase--
(A) which takes effect under the preceding
sections of this chapter;
(B) which is based on a change in the
Employment Cost Index (as determined under
section 704(a)(1) of the Ethics Reform Act of
1989) or which is in lieu of any pay adjustment
which might otherwise be made in a year based on
a change in such index (as so determined); or
(C) which takes effect under section 702 or
703 of the Ethics Reform Act of 1989. (Pub. L.
90-206, Title II, Sec. 225(n), as added Pub. L.
101-194, Title VII, Sec. 701(k), Nov. 30, 1989,
103 Stat. 1767.)
399
Chapter 13.--JOINT COMMITTEE ON CONGRESSIONAL OPERATIONS
Repealed. Pub. L. 104-186, Title II, Sec. 212(1)(A),
(2), Aug. 20, 1996, 110 Stat. 1745.
Chapter 14.--FEDERAL ELECTION CAMPAIGNS
Subchapter I.--Disclosure of Federal Campaign Funds
399.8 Sec. 431. Definitions.
When used in this Act:
(1) The term ``election'' means--
(A) a general, special, primary, or runoff
election;
(B) a convention or caucus of a political
party which has authority to nominate a
candidate;
(C) a primary election held for the
selection of delegates to a national nominating
convention of a political party; and
(D) a primary election held for the
expression of a preference for the nomination of
individuals for election to the office of
President.
(2) The term ``candidate'' means an individual who seeks
nomination for election, or election, to Federal office, and
for purposes of this paragraph, an individual shall be
deemed to seek nomination for election, or election--
(A) if such individual has received
contributions aggregating in excess of $5,000 or
has made expenditures aggregating in excess of
$5,000; or
(B) if such individual has given his or her
consent to another person to receive
contributions or make expenditures on behalf of
such individual and if such person has received
such contributions aggregating in excess of
$5,000 or has made such expenditures aggregating
in excess of $5,000.
(3) The term ``Federal office'' means the office of
President or Vice President, or of Senator or Representative
in, or Delegate or Resident Commissioner to, the Congress.
(4) The term ``political committee'' means--
(A) any committee, club, association, or
other group of persons which receives
contributions aggregating in excess of $1,000
during a calendar year or which makes
expenditures aggregating in excess of $1,000
during a calendar year; or
(B) any separate segregated fund established
under the provisions of section 441b(b) of this
title; or
(C) any local committee of a political party
which receives contributions aggregating in
excess of $5,000 during a calendar year, or
makes payments exempted from the definition of
contribution or expenditure as defined in
paragraphs (8) and (9) of this section
aggregating in excess of $5,000 during a
calendar year, or makes contributions
aggregating in excess of $1,000 during a
calendar year or makes expenditures aggregating
in excess of $1,000 during a calendar year.
(5) The term ``principal campaign committee'' means a
political committee designated and authorized by a candidate
under section 432(e)(1) of this title.
(6) The term ``authorized committee'' means the
principal campaign committee or any other political
committee authorized by a candidate under section 432(e)(1)
of this title to receive contributions or make expenditures
on behalf of such candidate.
(7) The term ``connected organization'' means any
organization which is not a political committee but which
directly or indirectly establishes, administers, or
financially supports a political committee.
(8)(A) The term ``contribution'' includes--
(i) any gift, subscription, loan, advance,
or deposit of money or anything of value made by
any person for the purpose of influencing any
election for Federal office; or
(ii) the payment by any person of
compensation for the personal services of
another person which are rendered to a political
committee without charge for any purpose.
(B) The term ``contribution'' does not include--
(i) the value of services provided without
compensation by any individual who volunteers on
behalf of a candidate or political committee;
(ii) the use of real or personal property,
including a church or community room used on a
regular basis by members of a community for
noncommercial purposes, and the cost of
invitations, food, and beverages, voluntarily
provided by an individual to any candidate or
any political committee of a political party in
rendering voluntary personal services on the
individual's residential premises or in the
church or community room for candidate-related
or political party-related activities, to the
extent that the cumulative value of such
invitations, food, and beverages provided by
such individual on behalf of any single
candidate does not exceed $1,000 with respect to
any single election, and on behalf of all
political committees of a political party does
not exceed $2,000 in any calendar year;
(iii) the sale of any food or beverage by a
vendor for use in any candidate's campaign or
for use by or on behalf of any political
committee of a political party at a charge less
than the normal comparable charge, if such
charge is at least equal to the cost of such
food or beverage to the vendor, to the extent
that the cumulative value of such activity by
such vendor on behalf of any single candidate
does not exceed $1,000 with respect to any
single election, and on behalf of all political
committees of a political party does not exceed
$2,000 in any calendar year;
(iv) any unreimbursed payment for travel
expenses made by any individual on behalf of any
candidate or any political committee of a
political party, to the extent that the
cumulative value of such activity by such
individual on behalf of any single candidate
does not exceed $1,000 with respect to any
single election, and on behalf of all political
committees of a political party does not exceed
$2,000 in any calendar year;
(v) the payment by a State or local
committee of a political party of the costs of
preparation, display, or mailing or other
distribution incurred by such committee with
respect to a printed slate card or sample
ballot, or other printed listing, of 3 or more
candidates for any public office for which an
election is held in the State in which such
committee is organized, except that this clause
shall not apply to any cost incurred by such
committee with respect to a display of any such
listing made on broadcasting stations, or in
newspapers, magazines, or similar types of
general public political advertising;
(vi) any payment made or obligation incurred
by a corporation or a labor organization which,
under section 441b(b) of this title, would not
constitute an expenditure by such corporation or
labor organization;
(vii) any loan of money by a State bank, a
federally chartered depository institution, or a
depository institution the deposits or accounts
of which are insured by the Federal Deposit
Insurance Corporation, Federal Savings and Loan
Insurance Corporation, or the National Credit
Union Administration, other than any overdraft
made with respect to a checking or savings
account, made in accordance with applicable law
and in the ordinary course of business, but such
loan--
(I) shall be considered a loan by each
endorser or guarantor, in that proportion of
the unpaid balance that each endorser or
guarantor bears to the total number of
endorsers or guarantors;
(II) shall be made on a basis which
assures repayment, evidenced by a written
instrument, and subject to a due date or
amortization schedule; and
(III) shall bear the usual and customary
interest rate of the lending institution;
(viii) any gift, subscription, loan,
advance, or deposit of money or anything of
value to a national or a State committee of a
political party specifically designated to
defray any cost for construction or purchase of
any office facility not acquired for the purpose
of influencing the election of any candidate in
any particular election for Federal office;
(ix) any legal or accounting services
rendered to or on behalf of--
(I) any political committee of a
political party if the person paying for
such services is the regular employer of the
person rendering such services and if such
services are not attributable to activities
which directly further the election of any
designated candidate to Federal office; or
(II) an authorized committee of a
candidate or any other political committee,
if the person paying for such services is
the regular employer of the individual
rendering such services and if such services
are solely for the purpose of ensuring
compliance with this Act or chapter 95 or
chapter 96 of title 26,
but amounts paid or incurred by the regular employer
for such legal or accounting services shall be
reported in accordance with section 434(b) of this
title by the committee receiving such services;
(x) the payment by a State or local
committee of a political party of the costs of
campaign materials (such as pins, bumper
stickers, handbills, brochures, posters, party
tabloids, and yard signs) used by such committee
in connection with volunteer activities on
behalf of nominees of such party: Provided,
That--
(1) such payments are not for the costs
of campaign materials or activities used in
connection with any broadcasting, newspaper,
magazine, billboard, direct mail, or similar
type of general public communication or
political advertising;
(2) such payments are made from
contributions subject to the limitations and
prohibitions of this Act; and
(3) such payments are not made from
contributions designated to be spent on
behalf of a particular candidate or
particular candidates;
(xi) the payment by a candidate, for
nomination or election to any public office
(including State or local office), or authorized
committee of a candidate, of the costs of
campaign materials which include information on
or reference to any other candidate and which
are used in connection with volunteer activities
(including pins, bumper stickers, handbills,
brochures, posters, and yard signs, but not
including the use of broadcasting, newspapers,
magazines, billboards, direct mail, or similar
types of general public communication or
political advertising); Provided, That such
payments are made from contributions subject to
the limitations and prohibitions of this Act;
(xii) the payment by a State or local
committee of a political party of the costs of
voter registration and get-out-the-vote
activities conducted by such committee on behalf
of nominees of such party for President and Vice
President: Provided, That--
(1) such payments are not for the costs
of campaign materials or activities used in
connection with any broadcasting, newspaper,
magazine, billboard, direct mail, or similar
type of general public communication or
political advertising;
(2) such payments are made from
contributions subject to the limitations and
prohibitions of this Act; and
(3) such payments are not made from
contributions designated to be spent on
behalf of a particular candidate or
candidates;
(xiii) payments made by a candidate or the
authorized committee of a candidate as a
condition of ballot access and payments received
by any political party committee as a condition
of ballot access; and
(xiv) any honorarium (within the meaning of
section 441i of this title).
(9)(A) The term ``expenditure'' includes--
(i) any purchase, payment, distribution,
loan, advance, deposit, or gift of money or
anything of value, made by any person for the
purpose of influencing any election for Federal
office; and
(ii) a written contract, promise, or
agreement to make an expenditure.
(B) The term ``expenditure'' does not include--
(i) any news story, commentary, or editorial
distributed through the facilities of any
broadcasting station, newspaper, magazine, or
other periodical publication, unless such
facilities are owned or controlled by any
political party, political committee, or
candidate;
(ii) nonpartisan activity designed to
encourage individuals to vote or to register to
vote;
(iii) any communication by any membership
organization or corporation to its members,
stockholders, or executive or administrative
personnel, if such membership organization or
corporation is not organized primarily for the
purpose of influencing the nomination for
election, or election, of any individual to
Federal office, except that the costs incurred
by a membership organization (including a labor
organization) or by a corporation directly
attributable to a communication expressly
advocating the election or defeat of a clearly
identified candidate (other than a communication
primarily devoted to subjects other than the
express advocacy of the election or defeat of a
clearly identified candidate), shall, if such
costs exceed $2,000 for any election, be
reported to the Commission in accordance with
section 434(a)(4)(A)(i) of this title, and in
accordance with section 434(a)(4)(A)(ii) of this
title with respect to any general election;
(iv) the payment by a State or local
committee of a political party of the costs of
preparation, display, or mailing or other
distribution incurred by such committee with
respect to a printed slate card or sample
ballot, or other printed listing, of 3 of more
candidates for any public office for which an
election is held in the State in which such
committee is organized, except that this clause
shall not apply to costs incurred by such
committee with respect to a display of any such
listing made on broadcasting stations, or in
newspapers, magazines, or similar types of
general public political advertising;
(v) any payment made or obligation incurred
by a corporation or a labor organization which,
under section 441b(b) of this title, would not
constitute an expenditure by such corporation or
labor organization;
(vi) any costs incurred by an authorized
committee or candidate in connection with the
solicitation of contributions on behalf of such
candidate, except that this clause shall not
apply with respect to costs incurred by an
authorized committee of a candidate in excess of
an amount equal to 20 percent of the expenditure
limitation applicable to such candidate under
section 441a(b) of this title, but all such
costs shall be reported in accordance with
section 434(b) of this title;
(vii) the payment of compensation for legal
or accounting services--
(I) rendered to or on behalf of any
political committee of a political party if
the person paying for such services is the
regular employer of the individual rendering
such services, and if such services are not
attributable to activities which directly
further the election of any designated
candidate to Federal office; or
(II) rendered to or on behalf of a
candidate or political committee if the
person paying for such services is the
regular employer of the individual rendering
such services, and if such services are
solely for the purpose of ensuring
compliance with this Act or chapter 95 or
chapter 96 of title 26,
but amounts paid or incurred by the regular employer for
such legal or accounting services shall be reported in
accordance with section 434(b) of this title by the
committee receiving such services;
(viii) the payment by a State or local
committee of a political party of the costs of
campaign materials (such as pins, bumper
stickers, handbills, brochures, posters, party
tabloids, and yard signs) used by such committee
in connection with volunteer activities on
behalf of nominees of such party: Provided,
That--
(1) such payments are not for the costs
of campaign materials or activities used in
connection with any broadcasting, newspaper,
magazine, billboard, direct mail, or similar
type of general public communication or
political advertising;
(2) such payments are made from
contributions subject to the limitations and
prohibitions of this Act; and
(3) such payments are not made from
contributions designated to be spent on
behalf of a particular candidate or
particular candidates;
(ix) the payment by a State or local
committee of a political party of the costs of
voter registration and get-out-the-vote
activities conducted by such committee on behalf
of nominees of such party for President and Vice
President: Provided, That--
(1) such payments are not for the costs
of campaign materials or activities used in
connection with any broadcasting, newspaper,
magazine, billboard, direct mail, or similar
type of general public communication or
political advertising;
(2) such payments are made from
contributions subject to the limitations and
prohibitions of this Act; and
(3) such payments are not made from
contributions designated to be spent on
behalf of a particular candidate or
candidates; and
(x) payments received by a political party
committee as a condition of ballot access which
are transferred to another political party
committee or the appropriate State official.
(10) The term ``Commission'' means the Federal Election
Commission.
(11) The term ``person'' includes an individual,
partnership, committee, association, corporation, labor
organization, or any other organization or group of persons,
but such term does not include the Federal Government or any
authority of the Federal Government.
(12) The term ``State'' means a State of the United
States, the District of Columbia, the Commonwealth of Puerto
Rico, or a territory or possession of the United States.
(13) The term ``identification'' means--
(A) in the case of any individual, the name,
the mailing address, and the occupation of such
individual, as well as the name of his or her
employer; and
(B) in the case of any other person, the
full name and address of such person.
(14) The term ``national committee'' means the
organization which, by virtue of the bylaws of a political
party, is responsible for the day-to-day operation of such
political party at the national level, as determined by the
Commission.
(15) The term ``State committee'' means the organization
which, by virtue of the bylaws of a political party, is
responsible for the day-to-day operation of such political
party at the State level, as determined by the Commission.
(16) The term ``political party'' means an association,
committee, or organization which nominates a candidate for
election to any Federal office whose name appears on the
election ballot as the candidate of such association,
committee, or organization.
(17) The term ``independent expenditure'' means an
expenditure by a person expressly advocating the election or
defeat of a clearly identified candidate which is made
without cooperation or consultation with any candidate, or
any authorized committee or agent of such candidate, and
which is not made in concert with, or at the request or
suggestion of, any candidate, or any authorized committee or
agent of such candidate.
(18) The term ``clearly identified'' means that--
(A) the name of the candidate involved
appears;
(B) a photograph or drawing of the candidate
appears; or
(C) the identity of the candidate is
apparent by unambiguous reference.
(19) The term ``Act'' means the Federal Election
Campaign Act of 1971 as amended. (Feb. 7, 1972, Pub. L. 92-
225, Sec. 301, 86 Stat. 11; amended Oct. 15, 1974, Pub. L.
93-443, Sec. 201(a), 208(c)(1), 88 Stat. 1272, 1286; amended
May 11, 1976, Pub. L. 94-283, Sec. 102, 115(d), (h), 90
Stat. 478, 495, 496; amended Jan. 8, 1980, Pub. L. 96-187,
Title I, Sec. 101, 93 Stat. 1339; Oct. 22, 1986, Pub. L. 99-
514, Sec. 2, 100 Stat. 2095.)
399.9 Sec. 432. Organization of political committees.
(a) Treasurer; vacancy; official authorizations
Every political committee shall have a treasurer. No
contribution or expenditure shall be accepted or made by or
on behalf of a political committee during any period in
which the office of treasurer is vacant. No expenditure
shall be made for or on behalf of a political committee
without the authorization of the treasurer or his or her
designated agent.
(b) Account of contributions; segregated funds
(1) Every person who receives a contribution for an
authorized political committee shall, no later than 10 days
after receiving such contribution, forward to the treasurer
such contribution, and if the amount of the contribution is
in excess of $50 the name and address of the person making
the contribution and the date of receipt.
(2) Every person who receives a contribution for a
political committee which is not an authorized committee
shall--
(A) if the amount of the contribution is $50
or less, forward to the treasurer such
contribution no later than 30 days after
receiving the contribution; and
(B) if the amount of the contribution is in
excess of $50, forward to the treasurer such
contribution, the name and address of the person
making the contribution, and the date of receipt
of the contribution, no later than 10 days after
receiving the contribution.
(3) All funds of a political committee shall be
segregated from, and may not be commingled with, the
personal funds of any individual.
(c) Recordkeeping
The treasurer of a political committee shall keep an
account of--
(1) all contributions received by or on
behalf of such political committee;
(2) the name and address of any person who
makes any contribution in excess of $50,
together with the date and amount of such
contribution by any person;
(3) the identification of any person who
makes a contribution or contributions
aggregating more than $200 during a calendar
year, together with the date and amount of any
such contribution;
(4) the identification of any political
committee which makes a contribution, together
with the date and amount of any such
contribution; and
(5) the name and address of every person to
whom any disbursement is made, the date, amount,
and purpose of the disbursement, and the name of
the candidate and the office sought by the
candidate, if any, for whom the disbursement was
made, including a receipt, invoice, or canceled
check for each disbursement in excess of $200.
(d) Preservation of records and copies of reports
The treasurer shall preserve all records required to be
kept by this section and copies of all reports required to
be filed by this subchapter for 3 years after the report is
filed. For any report filed in electronic format under
section 434(a)(11) of this title, the treasurer shall retain
a machine-readable copy of the report as the copy preserved
under the preceding sentence.
(e) Principal and additional campaign committees;
designations, status of candidate, authorized
committees, etc.
(1) Each candidate for Federal office (other than the
nominee for the office of Vice President) shall designate in
writing a political committee in accordance with paragraph
(3) to serve as the principal campaign committee of such
candidate. Such designation shall be made no later than 15
days after becoming a candidate. A candidate may designate
additional political committees in accordance with paragraph
(3) to serve as authorized committees of such candidate.
Such designation shall be in writing and filed with the
principal campaign committee of such candidate in accordance
with subsection (f)(1) of this section.
(2) Any candidate described in paragraph (1) who
receives a contribution, or any loan for use in connection
with the campaign of such candidate for election, or makes a
disbursement in connection with such campaign, shall be
considered, for purposes of this Act, as having received the
contribution or loan, or as having made the disbursement, as
the case may be, as an agent of the authorized committee or
committees of such candidate.
(3)(A) No political committee which supports or has
supported more than one candidate may be designated as an
authorized committee, except that--
(i) the candidate for the office of
President nominated by a political party may
designate the national committee of such
political party as a principal campaign
committee, but only if that national committee
maintains separate books of account with respect
to its function as a principal campaign
committee; and
(ii) candidates may designate a political
committee established solely for the purpose of
joint fundraising by such candidates as an
authorized committee.
(B) As used in this section, the term ``support'' does
not include a contribution by any authorized committee in
amounts of $1,000 or less to an authorized committee of any
other candidate.
(4) The name of each authorized committee shall include
the name of the candidate who authorized such committee
under paragraph (1). In the case of any political committee
which is not an authorized committee, such political
committee shall not include the name of any candidate in its
name.
(5) The name of any separate segregated fund established
pursuant to section 441b(b) of this title shall include the
name of its connected organization.
(f) Filing with and receipt of designations, statements, and
reports by principal campaign committee
(1) Notwithstanding any other provision of this Act,
each designation, statement, or report of receipts or
disbursements made by an authorized committee of a candidate
shall be filed with the candidate's principal campaign
committee.
(2) Each principal campaign committee shall receive all
designations, statements, and reports required to be filed
with it under paragraph (1) and shall compile and file such
designations, statements, and reports in accordance with
this Act.
(g) Filing with and receipt of designations, statements, and
reports by Secretary of the Senate; forwarding to
Commission; filing requirements with Commission; public
inspection and preservation of designations, etc.
(1) Designations, statements, and reports required to be
filed under this Act by a candidate for the office of
Senator, by the principal campaign committee of such
candidate, and by the Republican and Democratic Senatorial
Campaign Committees shall be filed with the Secretary of the
Senate, who shall receive such designations, statements, and
reports, as custodian for the Commission.
(2) The Secretary of the Senate shall forward a copy of
any designation, statement, or report filed with the
Secretary under this subsection to the Commission as soon as
possible (but no later than 2 working days) after receiving
such designation, statement, or report.
(3) All designations, statements, and reports required
to be filed under this Act, except designations, statements,
and reports filed in accordance with paragraph (1), shall be
filed with the Commission.
(4) The Secretary of the Senate shall make the
designations, statements, and reports received under this
subsection available for public inspection and copying in
the same manner as the Commission under section 438(a)(4) of
this title, and shall preserve such designations,
statements, and reports in the same manner as the Commission
under section 438(a)(5) of this title.
(h) Campaign depositories; designations, maintenance of
accounts, etc.; petty cash fund for disbursements;
record of disbursements
(1) Each political committee shall designate one or more
State banks, federally chartered depository institutions, or
depository institutions the deposits or accounts of which
are insured by the Federal Deposit Insurance Corporation,
the Federal Savings and Loan Insurance Corporation, or the
National Credit Union Administration, as its campaign
depository or depositories. Each political committee shall
maintain at least one checking account and such other
accounts as the committee determines at a depository
designated by such committee. All receipts received by such
committee shall be deposited in such accounts. No
disbursements may be made (other than petty cash
disbursements under paragraph (2)) by such committee except
by check drawn on such accounts in accordance with this
section.
(2) A political committee may maintain a petty cash fund
for disbursements not in excess of $100 to any person in
connection with a single purchase or transaction. A record
of all petty cash disbursements shall be maintained in
accordance with subsection (c)(5) of this section.
(i) When the treasurer of a political committee shows
that best efforts have been used to obtain, maintain, and
submit the information required by this Act for the
political committee, any report or any records of such
committee shall be considered in compliance with this Act or
chapter 95 or chapter 96 of title 26. (Feb. 7, 1972, Pub. L.
92-225, Sec. 302, 86 Stat. 12; amended Oct. 15, 1974, Pub.
L. 93-443, Sec. 202, 208(c)(2), 88 Stat. 1275, 1286; amended
May 11, 1976, Pub. L. 94-283, Sec. 103, 90 Stat. 480;
amended Jan. 8, 1980, Pub. L. 96-187, Title I, Sec. 102, 93
Stat. 1345; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.
2095; Pub. L. 104-79, Sec. 1(b), 3(a), Dec. 28, 1995, 109
Stat. 791, 792.)
399.10 Sec. 433. Registration of political committees.
(a) Statements of organizations
Each authorized campaign committee shall file a
statement of organization no later than 10 days after
designation pursuant to section 432(e)(1) of this title.
Each separate segregated fund established under the
provisions of section 441b(b) of this title shall file a
statement of organization no later than 10 days after
establishment. All other committees shall file a statement
or organization within 10 days after becoming a political
committee within the meaning of section 431(4) of this
title.
(b) Contents of statements
The statement of organization of a political committee
shall include--
(1) the name, address, and type of
committee;
(2) the name, address, relationship, and
type of any connected organization or affiliated
committee;
(3) the name, address, and position of the
custodian of books and accounts of the
committee;
(4) the name and address of the treasurer of
the committee;
(5) if the committee is authorized by a
candidate, the name, address, office sought, and
party affiliation of the candidate; and
(6) a listing of all banks, safety deposit
boxes, or other depositories used by the
committee.
(c) Change of information in statements
Any change in information previously submitted in a
statement of organization shall be reported in accordance
with section 432(g) of this title no later than 10 days
after the date of the change.
(d) Termination, etc., requirements and authorities
(1) A political committee may terminate only when such a
committee files a written statement, in accordance with
section 432(g) of this title, that it will no longer receive
any contributions or make any disbursements and that such
committee has no outstanding debts or obligations.
(2) Nothing contained in this subsection may be
construed to eliminate or limit the authority of the
Commission to establish procedures for--
(A) the determination of insolvency with
respect to any political committee;
(B) the orderly liquidation of an insolvent
political committee, and the orderly application
of its assets for the reduction of outstanding
debts; and
(C) the termination of an insolvent
political committee after such liquidation and
application of assets.
(Feb. 7, 1972, Pub. L. 92-225, Sec. 303, 86 Stat. 14;
amended Oct. 15, 1974, Pub. L. 93-443, Sec. 203, 208(c)(3),
88 Stat. 1276, 1886; amended Jan. 8, 1980, Pub. L. 96-187,
Title I, Sec. 103, 93 Stat. 1347.)
399.11 Sec. 434. Reporting requirements.
(a) Receipts and disbursements by treasurers of political
committees; filing requirements
(1) Each treasurer of a political committee shall file
reports of receipts and disbursements in accordance with the
provisions of this subsection. The treasurer shall sign each
such report.
(2) If the political committee is the principal campaign
committee of a candidate for the House of Representatives or
for the Senate--
(A) in any calendar year during which there
is regularly scheduled election for which such
candidate is seeking election, or nomination for
election, the treasurer shall file the following
reports:
(i) a pre-election report, which shall
be filed no later than the 12th day before
(or posted by registered or certified mail
no later than the 15th day before) any
election in which such candidate is seeking
election, or nomination for election, and
which shall be complete as of the 20th day
before such election;
(ii) a post-general election report,
which shall be filed no later than the 30th
day after any general election in which such
candidate has sought election, and which
shall be complete as of the 20th day after
such general election; and
(iii) additional quarterly reports,
which shall be filed no later than the 15th
day after the last day of each calendar
quarter, and which shall be complete as of
the last day of each calendar quarter:
except that the report for the quarter
ending December 31 shall be filed no later
than January 31 of the following calendar
year; and
(B) in any other calendar year the following
reports shall be filed:
(i) a report covering the period
beginning January 1 and ending June 30,
which shall be filed no later than July 31;
and
(ii) a report covering the period
beginning July 1 and ending December 31,
which shall be filed no later than January
31 of the following calendar year.
(3) If the committee is the principal campaign committee
of a candidate for the office of President--
(A) in any calendar year during which a
general election is held to fill such office--
(i) the treasurer shall file monthly
reports if such committee has on January 1
of such year, received contributions
aggregating $100,000 or made expenditures
aggregating $100,000 or anticipates
receiving contributions aggregating $100,000
or more or making expenditures aggregating
$100,000 or more during such year: such
monthly reports shall be filed no later than
the 20th day after the last day of each
month and shall be complete as of the last
day of the month, except that, in lieu of
filing the report otherwise due in November
and December, a pre-general election report
shall be filed in accordance with paragraph
(2)(A)(i), a post-general election report
shall be filed in accordance with paragraph
(2)(A)(ii), and a year end report shall be
filed no later than January 31 of the
following calendar year;
(ii) the treasurer of the other
principal campaign committees of a candidate
for the office of President shall file a
pre-election report or reports in accordance
with paragraph (2)(A)(i), a post-general
election report in accordance with paragraph
(2)(A)(ii), and quarterly reports in
accordance with paragraph (2)(A)(iii); and
(iii) if at any time during the election
year a committee filing under paragraph
(3)(A)(ii) receives contributions in excess
of $100,000 or makes expenditures in excess
of $100,000, the treasurer shall begin
filing monthly reports under paragraph
(3)(A)(i) at the next reporting period; and
(B) in any other calendar year, the
treasurer shall file either--
(i) monthly reports, which shall be
filed no later than the 20th day after the
last day of each month and shall be complete
as of the last day of the month; or
(ii) quarterly reports, which shall be
filed no later than the 15th day after the
last day of each calendar quarter and which
shall be complete as of the last day of each
calendar quarter.
(4) All political committees other than authorized
committees of a candidate shall file either--
(A)(i) quarterly reports, in a calendar year
in which a regularly scheduled general election
is held, which shall be filed no later than the
15th day after the last day of each calendar
quarter: except that the report for the quarter
ending on December 31 of such calendar year
shall be filed no later than January 31 of the
following calendar year;
(ii) a pre-election report, which shall be
filed no later than the 12th day before (or
posted by registered or certified mail no later
than the 15th day before) any election in which
the committee makes a contribution to or
expenditure on behalf of a candidate in such
election, and which shall be complete as of the
20th day before the election;
(iii) a post-general election report, which
shall be filed no later than the 30th day after
the general election and which shall be complete
as of the 20th day after such general election;
and
(iv) in any other calendar year, a report
covering the period beginning January 1 and
ending June 30, which shall be filed no later
than July 31 and a report covering the period
beginning July 1 and ending December 31, which
shall be filed no later than January 31 of the
following calendar year; or
(B) monthly reports in all calendar years
which shall be filed no later than the 20th day
after the last day of the month and shall be
complete as of the last day of the month, except
that, in lieu of filing the reports otherwise
due in November and December of any year in
which a regularly scheduled general election is
held, a pre-general election report shall be
filed in accordance with paragraph (2)(A)(i), a
post-general election report shall be filed in
accordance with paragraph (2)(A)(ii), and a year
end report shall be filed no later than January
31 of the following calendar year.
(5) If a designation, report, or statement filed
pursuant to this Act (other than under paragraph (2)(A)(i)
or (4)(A)(ii)) is sent by registered or certified mail, the
United States postmark shall be considered the date of
filing of the designation, report, or statement.
(6)(A) The principal campaign committee of a candidate
shall notify the Secretary or the Commission, and the
Secretary of State, as appropriate, in writing, of any
contribution of $1,000 or more received by any authorized
committee of such candidate after the 20th day, but more
than 48 hours before, any election. This notification shall
be made within 48 hours after the receipt of such
contribution and shall include the name of the candidate and
the office sought by the candidate, the identification of
the contributor, and the date of receipt and amount of the
contribution.
(B) The notification required under this paragraph shall
be in addition to all other reporting requirements under
this Act.
(7) The reports required to be filed by this subsection
shall be cumulative during the calendar year to which they
relate, but where there has been no change in an item
reported in a previous report during such year, only the
amount need be carried forward.
(8) The requirement for a political committee to file a
quarterly report under paragraph (2)(A)(iii) or paragraph
(4)(A)(i) shall be waived if such committee is required to
file a pre-election report under paragraph (2)(A)(i), or
paragraph (4)(A)(ii) during the period beginning on the 5th
day after the close of the calendar quarter and ending on
the 15th day after the close of the calendar quarter.
(9) The Commission shall set filing dates for reports to
be filed by principal campaign committees of candidates
seeking election, or nomination for election, in special
elections and political committees filing under paragraph
(4)(A) which make contributions to or expenditures on behalf
of a candidate or candidates in special elections. The
Commission shall require no more than one pre-election
report for each election and one post-election report for
the election which fills the vacancy. The Commission may
waive any reporting obligation of committees required to
file for special elections if any report required by
paragraph (2) or (4) is required to be filed within 10 days
of a report required under this subsection. The Commission
shall establish the reporting dates within 5 days of the
setting of such election and shall publish such dates and
notify the principal campaign committees of all candidates
in such election of the reporting dates.
(10) The treasurer of a committee supporting a candidate
for the office of Vice President (other than the nominee of
a political party) shall file reports in accordance with
paragraph (3).
(11)(A) The Commission shall permit reports required by
this Act to be filed and preserved by means of computer disk
or any other appropriate electronic format or method, as
determined by the Commission.
(B) In carrying out subparagraph (A) with respect to
filing of reports, the Commission shall provide for one or
more methods (other than requiring a signature on the report
being filed) for verifying reports filed by means of
computer disk or other electronic format or method. Any
verification under the preceding sentence shall be treated
for all purposes (including penalties for perjury) in the
same manner as a verification by signature.
(C) As used in this paragraph, the term ``report''
means, with respect to the Commission, a report,
designation, or statement required by this Act to be filed
with the Commission.
(b) Contents of reports
Each report under this section shall disclose--
(1) the amount of cash on hand at the
beginning of the reporting period;
(2) for the reporting period and the
calendar year, the total amount of all receipts,
and the total amount of all receipts in the
following categories:
(A) contributions from persons other
than political committees;
(B) for an authorized committee,
contributions from the candidate;
(C) contributions from political party
committees;
(D) contributions from other political
committees;
(E) for an authorized committee,
transfers from other authorized committees
of the same candidate;
(F) transfers from affiliated committees
and, where the reporting committee is a
political party committee, transfers from
other political party committees, regardless
of whether such committees are affiliated;
(G) for an authorized committee, loans
made by or guaranteed by the candidate;
(H) all other loans;
(I) rebates, refunds, and other offsets
to operating expenditures;
(J) dividends, interest, and other forms
of receipts; and
(K) for an authorized committee of a
candidate for the office of President,
Federal funds received under chapter 95 and
chapter 96 of title 26;
(3) the identification of each--
(A) person (other than a political
committee) who makes a contribution to the
reporting committee during the reporting
period, whose contribution or contributions
have an aggregate amount or value in excess
of $200 within the calendar year, or in any
lesser amount if the reporting committee
should so elect, together with the date and
amount of any such contribution;
(B) political committee which makes a
contribution to the reporting committee
during the reporting period, together with
the date and amount of any such
contribution;
(C) authorized committee which makes
transfer to the reporting committee;
(D) affiliated committee which makes a
transfer to the reporting committee during
the reporting period and, where the
reporting committee is a political party
committee, each transfer of funds to the
reporting committee from another political
party committee, regardless of whether such
committees are affiliated, together with the
date and amount of such transfer;
(E) person who makes a loan to the
reporting committee during the reporting
period, together with the identification of
any endorser or guarantor of such loan, and
the date and amount or value of such loan;
(F) person who provides a rebate,
refund, or other offset to operating
expenditures to the reporting committee in
an aggregate amount or value in excess of
$200 within the calendar year, together with
the date and amount of such receipt; and
(G) person who provides any dividend,
interest, or other receipt to the reporting
committee in an aggregate value or amount in
excess of $200 within the calendar year,
together with the date and amount of any
such receipt;
(4) for the reporting period and the
calendar year, the total amount of all
disbursements, and all disbursements in the
following categories:
(A) expenditures made to meet candidate
or committee operating expenses;
(B) for authorized committees, transfers
to other committees authorized by the same
candidate;
(C) transfers to affiliated committees
and, where the reporting committee is a
political party committee, transfers to
other political party committees, regardless
of whether they are affiliated;
(D) for an authorized committee,
repayment of loans made by or guaranteed by
the candidate;
(E) repayment of all other loans;
(F) contribution refunds and other
offsets to contributions;
(G) for an authorized committee, any
other disbursements;
(H) for any political committee other
than an authorized committee--
(i) contributions made to other
political committees;
(ii) loans made by the reporting
committees;
(iii) independent expenditures;
(iv) expenditures made under
section 441a(d) of this title; and
(v) any other disbursements; and
(I) for an authorized committee of a
candidate for the office of President,
disbursements not subject to the limitation
of section 441a(b) of this title;
(5) the name and address of each--
(A) person to whom an expenditure in an
aggregate amount or value in excess of $200
within the calendar year is made by the
reporting committee to meet a candidate or
committee operating expense, together with
the date, amount, and purpose of such
operating expenditure;
(B) authorized committee to which a
transfer is made by the reporting committee;
(C) affiliated committee to which a
transfer is made by the reporting committee
during the reporting period and, where the
reporting committee is a political party
committee, each transfer of funds by the
reporting committee to anther political
party committee, regardless of whether such
committees are affiliated, together with the
date and amount of such transfers;
(D) person who receives loan repayment
from the reporting committee during the
reporting period, together with the date and
amount of such loan repayment; and
(E) person who receives a contribution
refund or other offset to contributions from
the reporting committee where such
contribution was reported under paragraph
3(A) of this subsection, together with the
date and amount of such disbursement;
(6)(A) for an authorized committee, the name
and address of each person who has received any
disbursement not disclosed under paragraph (5)
in an aggregate amount or value in excess of
$200 within the calendar year, together with the
date and amount of any such disbursement;
(B) for any other political committee, the
name and address of each--
(i) political committee which has
received a contribution from the reporting
committee during the reporting period,
together with the date and amount of any
such contribution;
(ii) person who has received a loan from
the reporting committee during the reporting
period, together with the date and amount of
such loan;
(iii) person who receives any
disbursement during the reporting period in
an aggregate amount or value in excess of
$200 within the calendar year in connection
with an independent expenditure by the
reporting committee, together with the date,
amount, and purpose of any such independent
expenditure and a statement which indicates
whether such independent expenditure is in
support of, or in opposition to, a
candidate, as well as the name and office
sought by such candidate, and a
certification, under penalty of perjury,
whether such independent expenditure is made
in cooperation, consultation, or concert,
with, or at the request or suggestion of any
candidate or any authorized committee or
agent of such committee;
(iv) person who receives any expenditure
from the reporting committee during the
reporting period in connection with an
expenditure under section 441a(d) of this
title, together with the date, amount, and
purpose of any such expenditure as well as
the name of, and office sought by, the
candidate on whose behalf the expenditure is
made; and
(v) person who has received any
disbursement not otherwise disclosed in this
paragraph or paragraph (5) in an aggregate
amount or value in excess of $200 within the
calendar year from the reporting committee
within the reporting period, together with
the date, amount, and purpose of any such
disbursement;
(7) the total sum of all contributions to
such political committee, together with the
total contributions less offsets to
contributions and the total sum of all operating
expenditures made by such political committee,
together with total operating expenditures less
offsets to operating expenditures, for both the
reporting period and the calendar year; and
(8) the amount and nature of outstanding
debts and obligations owed by or to such
political committee; and where such debts and
obligations are settled for less than their
reported amount or value, a statement as to the
circumstances and conditions under which such
debts or obligations were extinguished and the
consideration therefor.
(c) Statements by other than political committees; filing;
contents; indices of expenditures
(1) Every person (other than a political committee) who
makes independent expenditures in an aggregate amount or
value in excess of $250 during a calendar year shall file a
statement containing the information requiring under
subsection (b)(3)(A) of this section for all contributions
received by such person.
(2) Statements required to be filed by this subsection
shall be filed in accordance with subsection (a)(2) of this
section, and shall include--
(A) the information required by subsection
(b)(6)(B)(iii) of this section, indicating
whether the independent expenditure is in
support of, or in opposition to, the candidate
involved;
(B) under penalty of perjury, a
certification whether or not such independent
expenditure is made in cooperation,
consultation, or concert, with, or at the
request or suggestion of, any candidate or any
authorized committee or agent of such candidate;
and
(C) the identification of each person who
made a contribution in excess of $200 to the
person filing such statement which was made for
the purpose of furthering an independent
expenditure.
Any independent expenditure (including those described in
subsection (b)(6)(B)(iii) of this section) aggregating
$1,000 or more made after the 20th day, but more than 24
hours, before any election shall be reported within 24 hours
after such independent expenditure is made. Such statement
shall be filed with the Secretary or the Commission and the
Secretary of State and shall contain the information
required by subsection (b)(6)(B)(iii) of this section
indicating whether the independent expenditure is in support
of, or in opposition to, the candidate involved.
(3) The Commission shall be responsible for
expeditiously preparing indices which set forth, on a
candidate-by-candidate basis, all independent expenditures
separately, including those reported under subsection
(b)(6)(B)(iii) of this section, made by or for each
candidate, as reported under this subsection, and for
periodically publishing such indices on a timely pre-
election basis. (Pub. L. 92-225, Title III, Sec. 304, Feb.
7, 1972, 86 Stat. 14; Pub. L. 93-443, Title II, Sec. 204(a)-
(d), 208(c)(4), Oct. 15, 1974, 88 Stat. 1276-1278, 1286;
Pub. L. 94-283, Title I, Sec. 104, May 11, 1976, 90 Stat.
480; Pub. L. 96-187, Title I, Sec. 104, Jan. 8, 1980, 93
Stat. 1348; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.
2095; Pub. L. 104-79, Sec. 1(a), 3(b), Dec. 28, 1995, 109
Stat. 791, 792; Pub. L. 106-58, Title VI, Sec. 639(a),
641(a), Sept. 29, 1999, 113 Stat. 476, 477.)
Sec. 435. (Repealed.)
(Feb. 7, 1972, Pub. L. 92-225, Sec. 305, 86 Stat. 16;
amended Oct. 15, 1974, Pub. L. 93-443, Sec. 205, 88 Stat.
1278; Repealed Jan. 8, 1978, Pub. L. 96-187, Title I,
Sec. 105(1), 93 Stat. 1354.)
Sec. 436. (Repealed.)
(Feb. 7, 1972, Pub. L. 92-225, Sec. 306, 86 Stat. 16;
Oct. 15, 1974, Pub. L. 93-443, Sec. Sec. 206, 207,
208(c)(5), 88 Stat. 1278, 1279, 1286; May 11, 1976, Pub. L.
94-283, Sec. 115(a), 90 Stat. 495; Repealed Jan. 8, 1980,
Pub. L. 96-187, Title I, Sec. 105(1), 93 Stat. 1354.)
399.14 Sec. 437. Reports on convention financing.
Each committee or other organization which--
(1) represents a State, or a political
subdivision thereof, or any group of persons, in
dealing with officials of a national political
party with respect to matters involving a
convention held in such State or political
subdivision to nominate a candidate for the
office of President or Vice President, or
(2) represents a national political party in
making arrangements for the convention of such
party held to nominate a candidate for the
office of President or Vice President,
shall, within 60 days following the end of the convention
(but not later than 20 days prior to the date on which
presidential and vice presidential electors are chosen),
file with the Commission a full and complete financial
statement, in such form and detail as it may prescribe, of
the sources from which it derived its funds, and the
purposes for which such funds were expended. (Feb. 7, 1972,
Pub. L. 92-225, Sec. 307, 86 Stat. 16; Oct. 15, 1974, Pub.
L. 93-443, Sec. 208(c)(6), 88 Stat. 1286; Jan. 8, 1980, Pub.
L. 96-187, Title I, Sec. Sec. 105(2), 112a, 93 Stat. 1354,
1366.)
Sec. 437a. (Repealed.)
Sec. 437b. (Repealed.)
(Oct. 15, 1974, Pub. L. 93-443, Sec. 208(a), 88 Stat.
1280; May 11, 1976, Pub. L. 94-283, Sec. Sec. 105, 106,
115(i), 90 Stat. 481, 496; Jan. 8, 1980, Pub. L. 96-187,
Title I, Sec. 105(1), 93 Stat. 1354.)
399.14-3 Sec. 437c. Federal Election Commission.
(a) Establishment; membership; term of office; vacancies;
qualifications; compensation; chairman and vice chairman
(1) There is established a commission to be known as the
Federal Election Commission. The Commission is composed of
the Secretary of the Senate and the Clerk of the House of
Representatives or their designees, ex officio and without
the right to vote, and 6 members appointed by the President,
by and with the advice and consent of the Senate. No more
than 3 members of the Commission appointed under this
paragraph may be affiliated with the same political party.
(2)(A) Members of the Commission shall serve for a
single term of 6 years, except that of the members first
appointed--
(i) two of the members, not affiliated with
the same political party, shall be appointed for
terms ending on April 30, 1977;
(ii) two of the members, not affiliated with
the same political party, shall be appointed for
terms ending on April 30, 1979; and
(iii) two of the members, not affiliated
with the same political party, shall be
appointed for terms ending on April 30, 1981.
(B) A member of the Commission may serve on the
Commission after the expiration of his or her term until his
or her successor has taken office as a member of the
Commission.
(C) An individual appointed to fill a vacancy occurring
other than by the expiration of a term of office shall be
appointed only for the unexpired term of the member he or
she succeeds.
(D) Any vacancy occurring in the membership of the
Commission shall be filled in the same manner as in the case
of the original appointment.
(3) Members shall be chosen on the basis of their
experience, integrity, impartiality, and good judgment and
members (other than the Secretary of the Senate and the
Clerk of the House of Representatives) shall be individuals
who, at the time appointed to the Commission, are not
elected or appointed officers or employees in the executive,
legislative, or judicial branch of the Federal Government.
Such members of the Commission shall not engage in any other
business, vocation, or employment. Any individual who is
engaging in any other business, vocation, or employment at
the time of his or her appointment to the Commission shall
terminate or liquidate such activity no later than 90 days
after such appointment.
(4) Members of the Commission (other than the Secretary
of the Senate and the Clerk of the House of Representatives)
shall receive compensation equivalent to the compensation
paid at level IV of the Executive Schedule (section 5315 of
title 5).
(5) The Commission shall elect a chairman and a vice
chairman from among its members (other than the Secretary of
the Senate and the Clerk of the House of Representatives)
for a term of one year. A member may serve as chairman only
once during any term of office to which such member is
appointed. The chairman and the vice chairman shall not be
affiliated with the same political party. The vice chairman
shall act as chairman in the absence or disability of the
chairman or in the event of a vacancy in such office.
(b) Administration, enforcement, and formulation of policy;
exclusive jurisdiction of civil enforcement;
Congressional authorities or functions with respect to
elections for Federal office
(1) The Commission shall administer, seek to obtain
compliance with, and formulate policy with respect to, this
Act and chapter 95 and chapter 96 of title 26. The
Commission shall have exclusive jurisdiction with respect to
this civil enforcement of such provisions.
(2) Nothing in this Act shall be construed to limit,
restrict, or diminish any investigatory, informational,
oversight, supervisory, or disciplinary authority or
function of the Congress or any committee of the Congress
with respect to elections for Federal office.
(c) Voting requirements; delegation of authorities
All decisions of the Commission with respect to the
exercise of its duties and powers under the provisions of
this Act shall be made by a majority vote of the members of
the Commission. A member of the Commission may not delegate
to any person his or her vote or any decisionmaking
authority or duty vested in the Commission by the provisions
of this Act, except that the affirmative vote of 4 members
of the Commission shall be required in order for the
Commission to take any action in accordance with paragraph
(6), (7), (8), or (9) of section 437d(a) of this title or
with chapter 95 or chapter 96 of title 26.
(d) Meetings
The Commission shall meet at least once each month and
also at the call of any member.
(e) Rules for conduct of activities; judicial notice of
seal; principal office
The Commission shall prepare written rules for the
conduct of its activities, shall have an official seal which
shall be judicially noticed, and shall have its principal
office in or near the District of Columbia (but it may meet
or exercise any of its powers anywhere in the United
States).
(f) Staff director and general counsel; appointment and
compensation; appointment and compensation of personnel
and procurement of intermittent services by staff
director; use of assistance, personnel, and facilities
of Federal agencies and departments; counsel for defense
of actions
(1) The Commission shall have a staff director and a
general counsel who shall be appointed by the Commission.
The staff director shall be paid at a rate not to exceed the
rate of basic pay in effect for level IV of the Executive
Schedule (section 5315 of title 5). The general counsel
shall be paid at a rate not to exceed the rate of basic pay
in effect for level V of the Executive Schedule (section
5316 of title 5). With the approval of the Commission, the
staff director may appoint and fix the pay of such
additional personnel as he or she considers desirable
without regard to the provisions of title 5, governing
appointments in the competitive service.
(2) With the approval of the Commission, the staff
director may procure temporary and intermittent services to
the same extent as is authorized by section 3109(b) of title
5, but at rates for individuals not to exceed the daily
equivalent of the annual rate of basic pay in effect for
grade GS-15 of the General Schedule (section 5332 of title
5).
(3) In carrying out its responsibilities under this Act,
the Commission shall, to the fullest extent practicable,
avail itself of the assistance, including personnel and
facilities of other agencies and departments of the United
States. The heads of such agencies and departments may make
available to the Commission such personnel, facilities, and
other assistance, with or without reimbursement, as the
Commission may request.
(4) Notwithstanding the provisions of paragraph (2) the
Commission is authorized to appear in and defend against any
action instituted under this Act, either (A) by attorneys
employed in office, or (B) by counsel whom it may appoint,
on a temporary basis as may be necessary for such purpose,
without regard to the provisions of title 5, governing
appointments in the competitive service, and whose
compensation it may fix without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title.
The compensation of counsel so appointed on a temporary
basis shall be paid out of any funds otherwise available to
pay the compensation of employees of the Commission. (Pub.
L. 92-225, Title III, Sec. 306, formerly Sec. 310, as added
Pub. L. 93-443, Title II, Sec. 208(a), Oct. 15, 1974, 88
Stat. 1280, renumbered Sec. 309, and amended Pub. L. 94-283,
Title I, Sec. Sec. 101(a)-(d), 105, May 11, 1976, 90 Stat.
475, 476, 481, renumbered Sec. 306 and amended Pub. L. 96-
187, Title I, Sec. Sec. 105(3), (6), 112(b), Jan. 8, 1980,
93 Stat. 1354, 1366; Pub. L. 99-514, Sec. 2, Oct. 22, 1986,
100 Stat. 2095; Pub. L. 105-61, Title V, Sec. 512(a), Oct.
10, 1997, 111 Stat. 1305.)
399.14-4 Sec. 437d. Powers of Commission.
(a) Specific authorities
The Commission has the power--
(1) to require by special or general orders,
any person to submit, under oath, such written
reports and answers to questions as the
Commission may prescribe;
(2) to administer oaths or affirmations;
(3) to require by subpena, signed by the
chairman or the vice chairman, the attendance
and testimony of witnesses and the production of
all documentary evidence relating to the
execution of its duties;
(4) in any proceeding or investigation, to
order testimony to be taken by deposition before
any person who is designated by the Commission
and has the power to administer oaths and, in
such instances, to compel testimony and the
production of evidence in the same manner as
authorized under paragraph (3);
(5) to pay witnesses the same fees and
mileages as are paid in like circumstances in
the courts of the United States;
(6) to initiate (through civil actions for
injunctive, declaratory, or other appropriate
relief), defend (in the case of any civil action
brought under section 437g(a)(8) of this title)
or appeal any civil action in the name of the
Commission to enforce the provisions of this Act
and chapter 95 and chapter 96 of title 26,
through its general counsel;
(7) to render advisory opinions under
section 437f of this title;
(8) to develop such prescribed forms and to
make, amend, and repeal such rules, pursuant to
the provisions of chapter 5 of title 5, as are
necessary to carry out the provisions of this
Act and chapter 95 and chapter 96 of title 26;
and
(9) to conduct investigations and hearings
expeditiously, to encourage voluntary
compliance, and to report apparent violations to
the appropriate law enforcement authorities.
(b) Judicial orders for compliance with subpenas and orders
of commission; contempt of court
Upon petition by the Commission, any United States
district court within the jurisdiction of which any inquiry
is being carried on may, in case of refusal to obey a
subpena or order of the Commission issued under subsection
(a) of this section, issue an order requiring compliance.
Any failure to obey the order of the court may be punished
by the court as a contempt thereof.
(c) Civil liability for disclosure of information
No person shall be subject to civil liability to any
person (other than the Commission or the United States) for
disclosing information at the request of the Commission.
(d) Concurrent transmissions to Congress or member of budget
estimates, etc.; prior submission of legislative
recommendations, testimony, or comments on legislation
(1) Whenever the Commission submits any budget estimate
or request to the President or the Office of Management and
Budget, it shall concurrently transmit a copy of such
estimate or request to the Congress.
(2) Whenever the Commission submits any legislative
recommendation, or testimony, or comments on legislation,
requested by the Congress, or by any Member of the Congress,
to the President or the Office of Management and Budget, it
shall concurrently transmit a copy thereof to the Congress
or to the Member requesting the same. No officer or agency
of the United States shall have any authority to require the
Commission to submit its legislative recommendations,
testimony, or comments on legislation, to any office or
agency of the United States for approval, comments, or
review, prior to the submission of such recommendations,
testimony, or comments to the Congress.
(e) Exclusive civil remedy for enforcement
Except as provided in section 437g(a)(8) of this title,
the power of the Commission to initiate civil actions under
subsection (a)(6) of this section shall be the exclusive
civil remedy for the enforcement of the provisions of this
Act. (Pub. L. 92-225, Title III, Sec. 307, formerly
Sec. 311, as added Pub. L. 93-443, Title II, Sec. 208(a),
Oct. 15, 1974, 88 Stat. 1282, renumbered Sec. 310 and
amended Pub. L. 94-283, Title I, Sec. Sec. 105, 107, 115(b),
May 11, 1976, 90 Stat. 481, 482, 495, renumbered Sec. 307
and amended Pub. L. 96-187, Title I, Sec. Sec. 105(3), 106,
Jan. 8, 1980, 93 Stat. 1354, 1356; Pub. L. 99-514, Sec. 2,
Oct. 22, 1986, 100 Stat. 2095.)
Sec. 437e. (Repealed.)
399.14-6 Sec. 437f. Advisory opinions.
(a) Requests by persons, candidates, or authorized
committees; subject matter, time for response
(1) Not later than 60 days after the Commission receives
from a person a complete written request concerning the
application of this Act, chapter 95 or chapter 96 of title
26, or a rule or regulation prescribed by the Commission,
with respect to a specific transaction or activity by the
person, the Commission shall render a written advisory
opinion relating to such transaction or activity to the
person.
(2) If an advisory opinion is requested by a candidate,
or any authorized committee of such candidate, during the
60-day period before any election for Federal office
involving the requesting party, the Commission shall render
a written advisory opinion relating to such request no later
than 20 days after the Commission receives a complete
written request.
(b) Procedures applicable to initial proposal of rules or
regulations, and advisory opinions
Any rule of law which is not stated in this Act or in
chapter 95 or chapter 96 of title 26 may be initially
proposed by the Commission only as a rule or regulation
pursuant to procedures established in section 438(d) of this
title. No opinion of an advisory nature may be issued by the
Commission or any of its employees except in accordance with
the provisions of this section.
(c) Persons entitled to rely upon opinions; scope of
protection for good faith reliance
(1) Any advisory opinion rendered by the Commission
under subsection (a) may be relied upon by--
(A) any person involved in the specific
transaction or activity with respect to which
such advisory opinion is rendered; and
(B) any person involved in any specific
transaction or activity which is
indistinguishable in all its material aspects
from the transaction or activity with respect to
which such advisory opinion is rendered.
(2) Notwithstanding any other provisions of law, any
person who relies upon any provision or finding of an
advisory opinion in accordance with the provisions of
paragraph (1) and who acts in good faith in accordance with
the provisions and findings of such advisory opinion shall
not, as a result of any such act, be subject to any sanction
provided by this Act or by chapter 95 or chapter 96 of title
26.
(d) Requests made public; submission of written comments by
interested public
The Commission shall make public any request made under
subsection (a) for an advisory opinion. Before rendering an
advisory opinion, the Commission shall accept written
comments submitted by any interested party within the 10-day
period following the date the request is made public. (Pub.
L. 92-225, Title III, Sec. 308, formerly Sec. 313, as added
Pub. L. 93-443, Title II, Sec. 208(a), Oct. 15, 1974, 88
Stat. 1283, renumbered Sec. 312 and amended Pub. L. 94-283,
Title I, Sec. Sec. 105, 108(a), May 11, 1976, 90 Stat. 481,
482, renumbered Sec. 308 and amended Pub. L. 96-187, Title
I, Sec. Sec. 105(4), 107(a), Jan. 8, 1980, 93 Stat. 1354,
1357; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.
2095.)
Sec. 437e. (Repealed).
399.14-7 Sec. 437g. Enforcement.
(a) Administrative and judicial practice and procedure
(1) Any person who believes a violation of this Act or
of chapter 95 or chapter 96 of title 26 has occurred, may
file a complaint with the Commission. Such complaint shall
be in writing, signed and sworn to by the person filing such
complaint, shall be notarized, and shall be made under
penalty of perjury and subject to the provisions of section
1001 of title 18. Within 5 days after receipt of a
complaint, the Commission shall notify, in writing, any
person alleged in the complaint to have committed such a
violation. Before the Commission conducts any vote on the
complaint, other than a vote to dismiss, any person so
notified shall have the opportunity to demonstrate, in
writing, to the commission within 15 days after notification
that no action should be taken against such person on the
basis of the complaint. The Commission may not conduct any
investigation or take any other action under this section
solely on the basis of a complaint of a person whose
identity is not disclosed to the Commission.
(2) If the Commission, upon receiving a complaint under
paragraph (1) or on the basis of information ascertained in
the normal course of carrying out its supervisory
responsibilities, determines, by an affirmative vote of 4 of
its members, that it has reason to believe that a person has
committed, or is about to commit, a violation of this Act or
chapter 95 or chapter 96 of title 26, the Commission shall,
through its chairman or vice chairman, notify the person of
the alleged violation. Such notification shall set forth the
factual basis for such alleged violation. The Commission
shall make an investigation of such alleged violation, which
may include a field investigation or audit, in accordance
with the provisions of this section.
(3) The general counsel of the Commission shall notify
the respondent of any recommendation to the Commission by
the general counsel to proceed to a vote on probable cause
pursuant to paragraph (4)(A)(i). With such notification, the
general counsel shall include a brief stating the position
of the general counsel on the legal and factual issues of
the case. Within 15 days of receipt of such brief,
respondent may submit a brief stating the position of such
respondent on the legal and factual issues of the case, and
replying to the brief of general counsel. Such briefs shall
be filed with the Secretary of the Commission and shall be
considered by the Commission before proceeding under
paragraph (4).
(4)(A)(i) Except as provided in clause (ii) and
subparagraph (C), if the Commission determines, by an
affirmative vote of 4 of its members, that there is probable
cause to believe that any person has committed, or is about
to commit, a violation of this Act or of chapter 95 or
chapter 96 of title 26, the Commission shall attempt, for a
period of at least 30 days, to correct or prevent such
violation by informal methods of conference, conciliation,
and persuasion, and to enter into a conciliation agreement
with any person involved. Such attempt by the commission to
correct or prevent such violation may continue for a period
of not more than 90 days. The Commission may not enter into
a conciliation agreement under this clause except pursuant
to an affirmative vote of 4 of its members. A conciliation
agreement, unless violated, is a complete bar to any further
action by the Commission, including the bringing of a civil
proceeding under paragraph (6)(A).
(ii) If any determination of the Commission under clause
(i) occurs during the 45-day period immediately preceding
any election, then the Commission shall attempt, for a
period of at least 15 days, to correct or prevent the
violation involved by the methods specified in clause (i).
(B)(i) No action by the Commission or any person, and no
information derived, in connection with any conciliation
attempt by the Commission under subparagraph (A) may be made
public by the Commission without the written consent of the
respondent and the Commission.
(ii) If a conciliation agreement is agreed upon by the
Commission and the respondent, the Commission shall make
public any conciliation agreement signed by both the
Commission and the respondent. If the Commission makes a
determination that a person has not violated this Act or
chapter 95 or chapter 96 of title 26, the Commission shall
make public such determination.
(C)(i) Notwithstanding subparagraph (A), in the case of
a violation of any requirement of section 434(a) of this
title, the Commission may--
(I) find that a person committed such a
violation on the basis of information obtained
pursuant to the procedures described in
paragraphs (1) and (2); and
(II) based on such finding, require the
person to pay a civil money penalty in an amount
determined under a schedule of penalties which
is established and published by the Commission
and which takes into account the amount of the
violation involved, the existence of previous
violations by the person, and such other factors
as the Commission considers appropriate.
(ii) The Commission may not make any determination
adverse to a person under clause (i) until the person has
been given written notice and an opportunity to be heard
before the Commission.
(iii) Any person against whom an adverse determination
is made under this subparagraph may obtain a review of such
determination in the district court of the United States for
the district in which the person resides, or transacts
business, by filing in such court (prior to the expiration
of the 30-day period which begins on the date the person
receives notification of the determination) a written
petition requesting that the determination be modified or
set aside.
(5)(A) If the Commission believes that a violation of
this Act or of chapter 95 or chapter 96 of title 26 has been
committed, a conciliation agreement entered into by the
Commission under paragraph (4)(A) may include a requirement
that the person involved in such conciliation agreement
shall pay a civil penalty which does not exceed the greater
of $5,000 or an amount equal to any contribution or
expenditure involved in such violation.
(B) If the Commission believes that a knowing and
willful violation of this Act or of chapter 95 or chapter 96
of title 26 has been committed, a conciliation agreement
entered into by the Commission under paragraph (4)(A) may
require that the person involved in such conciliation
agreement shall pay a civil penalty which does not exceed
the greater of $10,000 or an amount equal to 200 percent of
any contribution or expenditure involved in such violation.
(C) If the Commission by an affirmative vote of 4 of its
members, determines that there is probable cause to believe
that a knowing and willful violation of this Act which is
subject to subsection (d) of this section or a knowing and
willful violation of chapter 95 or chapter 96 of title 26,
has occurred or is about to occur, it may refer such
apparent violation to the Attorney General of the United
States without regard to any limitations set forth in
paragraph (4)(A).
(D) In any case in which a person has entered into a
conciliation agreement with the Commission under paragraph
(4)(A), the Commission may institute a civil action for
relief under paragraph (6)(A) if it believes that the person
has violated any provision of such conciliation agreement.
For the Commission to obtain relief in any civil action, the
Commission need only establish that the person has violated,
in whole or in part, any requirement of such conciliation
agreement.
(6)(A) If the Commission is unable to correct or prevent
any violation of this Act or of chapter 95 or chapter 96 of
title 26, by the methods specified in paragraph (4), the
Commission may, upon an affirmative vote of 4 of its
members, institute a civil action for relief, including a
permanent or temporary injunction, restraining order, or any
other appropriate order (including an order for a civil
penalty which does not exceed the greater of $5,000 or an
amount equal to any contribution or expenditure involved in
such violation) in the district court of the United States
for the district in which the person against whom such
action is brought is found, resides, or transacts business.
(B) In any civil action instituted by the Commission
under subparagraph (A), the court may grant a permanent or
temporary injunction, restraining order, or other order,
including a civil penalty which does not exceed the greater
of $5,000 or an amount equal to any contribution or
expenditure involved in such violation, upon a proper
showing that the person involved has committed, or is about
to commit (if the relief sought is a permanent or temporary
injunction or a restraining order), a violation of this Act
or chapter 95 or chapter 96 of title 26.
(C) In any civil action for relief instituted by the
Commission under subparagraph (A), if the court determines
that the Commission has established that the person involved
in such civil action has committed a knowing and willful
violation of this Act or of chapter 95 or chapter 96 of
title 26, the court may impose a civil penalty which does
not exceed the greater of $10,000 or an amount equal to 200
percent of any contribution or expenditure involved in such
violation.
(7) In any action brought under paragraph (5) or (6),
subpenas for witnesses who are required to attend a United
States district court may run into any other district.
(8)(A) Any party aggrieved by an order of the Commission
dismissing a complaint filed by such party under paragraph
(1), or by a failure of the Commission to act on such
complaint during the 120-day period beginning on the date
the complaint is filed, may file a petition with the United
States District Court for the District of Columbia.
(B) Any petition under subparagraph (A) shall be filed,
in the case of a dismissal of a complaint by the Commission,
within 60 days after the date of the dismissal.
(C) In any proceeding under this paragraph the court may
declare that the dismissal of the complaint or the failure
to act is contrary to law, and may direct the Commission to
conform with such declaration within 30 days, failing which
the complainant may bring, in the name of such complainant,
a civil action to remedy the violation involved in the
original complaint.
(9) Any judgment of a district court under this
subsection may be appealed to the court of appeals, and the
judgment of the court of appeals affirming or setting aside,
in whole or in part, any such order of the district court
shall be final, subject to review by the Supreme Court of
the United States upon certiorari or certification as
provided in section 1254 of title 28.
(10) Repealed. (98 Stat. 3357)
(11) If the Commission determines after an investigation
that any person has violated an order of the court entered
in a proceeding brought under paragraph (6), it may petition
the court for an order to hold such person in civil
contempt, but if it believes the violation to be knowing and
willful it may petition the court for an order to hold such
person in criminal contempt.
(12)(A) Any notification or investigation made under
this section shall not be made public by the Commission or
by any person without the written consent of the person
receiving such notification or the person with respect to
whom such investigation is made.
(B) Any member or employee of the Commission, or any
other person, who violates the provisions of subparagraph
(A) shall be fined not more than $2,000. Any such member,
employee, or other person who knowingly and willfully
violates the provisions of subparagraph (A) shall be fined
not more than $5,000.
(b) Notice to persons not filing required reports prior to
institution of enforcement action; publication of
identity of persons and unfiled reports
Before taking any action under subsection (a) against
any person who has failed to file a report required under
section 434(a)(2)(A)(iii) of this title for the calendar
quarter immediately preceding the election involved, or in
accordance with section 434(a)(2)(A)(i) of this title, the
Commission shall notify the person of such failure to file
the required reports. If a satisfactory response is not
received within 4 business days after the date of
notification, the Commission shall, pursuant to section
438(a)(7) of this title, publish before the election the
name of the person and the report or reports such person has
failed to file.
(c) Reports by Attorney General of apparent violations
Whenever the Commission refers an apparent violation to
the Attorney General, the Attorney General shall report to
the Commission any action taken by the Attorney General
regarding the apparent violation. Each report shall be
transmitted within 60 days after the date the Commission
refers an apparent violation, and every 30 days thereafter
until the final disposition of the apparent violation.
(d) Penalties; defenses; mitigation of offenses
(1)(A) Any person who knowingly and willfully commits a
violation of any provision of this Act which involves the
making, receiving, or reporting of any contribution or
expenditure aggregating $2,000 or more during a calendar
year shall be fined, or imprisoned for not more than one
year, or both. The amount of this fine shall not exceed the
greater of $25,000 or 300 percent of any contribution or
expenditure involved in such violation.
(B) In the case of a knowing and willful violation of
section 441b(b)(3) of this title, the penalties set forth in
this subsection shall apply to a violation involving an
amount aggregating $250 or more during a calendar year. Such
violation of section 441b(b)(3) of this title may
incorporate a violation of section 441c(b), 441f, or 441g of
this title.
(C) In the case of a knowing and willful violation of
section 441h of this title, the penalties set forth in this
subsection shall apply without regard to whether the making,
receiving, or reporting of a contribution or expenditure of
$ 1,000 or more is involved.
(2) In any criminal action brought for a violation of
any provision of this Act or of chapter 95 or of chapter 96
of title 26, any defendant may evidence their lack of
knowledge or intent to commit the alleged violation by
introducing as evidence a conciliation agreement entered
into between the defendant and the Commission under
subsection (a)(4)(A) of this section which specifically
deals with the act or failure to act constituting such
violation and which is still in effect.
(3) In any criminal action brought for a violation of
any provision of this Act or of chapter 95 or chapter 96 of
title 26, the court before which such action is brought
shall take into account, in weighing the seriousness of the
violation and in considering the appropriateness of the
penalty to be imposed if the defendant is found guilty,
whether--
(A) the specific act or failure to act which
constitutes the violation for which the action
was brought is the subject of a conciliation
agreement entered into between the defendant and
the Commission under subparagraph (a)(4)(A);
(B) the conciliation agreement is in effect;
and
(C) the defendant is, with respect to the
violation involved, in compliance with the
conciliation agreement.
(Pub. L. 92-225, Title III, Sec. 309, formerly Sec. 314, as
added Pub. L. 93-443, Title II, Sec. 208(a), Oct. 15, 1974,
88 Stat. 1284, renumbered Sec. 313 and amended Pub. L. 94-
283, Title I, Sec. Sec. 105, 109, May 11, 1976, 90 Stat.
481, 483, renumbered Sec. 309 and amended Pub. L. 96-187,
Title I, Sec. Sec. 105(4), 108, Jan. 8, 1980, 93 Stat. 1354,
1358; Pub L. 98-620, Title IV, Sec. 402(1)(A), Nov. 8, 1984,
98 Stat. 3357; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100
Stat. 2095; Pub. L. 106-58, Title VI, Sec. 640(a)(b), Sept.
29, 1999, 113 Stat. 476, 477.)
399.14-8 Sec. 437h. Judicial review.
The Commission, the national committee of any political
party, or any individual eligible to vote in any election
for the office of President may institute such actions in
the appropriate district court of the United States,
including actions for declaratory judgment, as may be
appropriate to construe the constitutionality of any
provision of this Act. The district court immediately shall
certify all questions of constitutionality of this Act to
the United States court of appeals for the circuit involved,
which shall hear the matter sitting en banc.
(b) Repealed. (102 Stat. 663)
(c) Repealed. (98 Stat. 3357)
(Pub. L. 92-225, Title III, Sec. 310, formerly Sec. 315, as
added Pub. L. 93-443, Title II, Sec. 208(a), Oct. 15, 1974,
88 Stat. 1285; renumbered Sec. 314 and amended Pub. L. 94-
283, Title I, Sec. Sec. 105, 115(e), May 11, 1976, 90 Stat.
481, 496; renumbered Sec. 310 and amended Pub. L. 96-187,
Title I, Sec. Sec. 105(4), 112(c), Jan. 8, 1980, 93 Stat.
1354, 1366; Pub. L. 98-620, Title IV, Sec. 402(1)(B), Nov.
8, 1984, 98 Stat. 3357; Pub. L. 100-352, Sec. 6(a), June 27,
1988, 102 Stat. 663.)
399.15 Sec. 438. Administrative provisions.
(a) Duties of Commission
The Commission shall--
(1) prescribe forms necessary to implement
this Act;
(2) prepare, publish, and furnish to all
persons required to file reports and statements
under this Act a manual recommending uniform
methods of bookkeeping and reporting;
(3) develop a filing, coding, and cross-
indexing system consistent with the purposes of
this Act;
(4) within 48 hours after the time of the
receipt by the Commission of reports and
statements filed with it, make them available
for public inspection, and copying, at the
expense of the person requesting such copying
except that any information copied from such
reports or statements may not be sold or used by
any person for the purpose of soliciting
contributions or for commercial purposes, other
than using the name and address of any political
committee to solicit contributions from such
committee. A political committee may submit 10
pseudonyms on each report filed in order to
protect against the illegal use of names and
addresses of contributors, provided such
committee attaches a list of such pseudonyms to
the appropriate report. The Secretary or the
Commission shall exclude these lists from the
public record;
(5) keep such designations, reports, and
statements for a period of 10 years from the
date of receipt, except that designations,
reports, and statements that relate solely to
candidates for the House of Representatives
shall be kept for 5 years from the date of their
receipt;
(6)(A) compile and maintain a cumulative
index of designations, reports, and statements
filed under this Act, which index shall be
published at regular intervals and made
available for purchase directly or by mail;
(B) compile, maintain, and revise a separate
cumulative index of reports and statements filed
by multi-candidate committees, including in such
index a list of multi-candidate committees; and
(C) compile and maintain a list of multi-
candidate committees, which shall be revised and
made available monthly;
(7) prepare and publish periodically lists
of authorized committees which fail to file
reports as required by this Act;
(8) prescribe rules, regulations, and forms
to carry out the provisions of this Act, in
accordance with the provisions of subsection (d)
of this section;
(9) transmit to the President and to each
House of the Congress no later than June 1 of
each year, a report which states in detail the
activities of the Commission in carrying out its
duties under this Act, and any recommendations
for any legislative or other action the
Commission considers appropriate; and
(10) serve as a national clearinghouse for
the compilation of information and review of
procedures with respect to the administration of
Federal elections. The Commission may enter into
contracts for the purpose of conducting studies
under this paragraph. Reports or studies made
under this paragraph shall be available to the
public upon the payment of the cost thereof,
except that copies shall be made available
without cost, upon request, to agencies and
branches of the Federal Government.
(b) Audits and field investigations
The Commission may conduct audits and field
investigations of any political committee required to file a
report under section 434 of this title. All audits and field
investigations concerning the verification for, and receipt
and use of, any payments received by a candidate or
committee under chapter 95 or chapter 96 of title 26 shall
be given priority. Prior to conducting any audit under this
subsection, the Commission shall perform an internal review
of reports filed by selected committees to determine if the
reports filed by a particular committee meet the threshold
requirements for substantial compliance with the Act. Such
thresholds for compliance shall be established by the
Commission. The Commission may, upon an affirmative vote of
4 of its members, conduct an audit and field investigation
of any committee which does meet the threshold requirements,
established by the Commission. Such audit shall be commenced
within 30 days of such vote, except that any audit of an
authorized committee of a candidate, under the provisions of
this subsection, shall be commenced within 6 months of the
election for which such committee is authorized.
(c) Statutory provisions applicable to forms and information
gathering activities
Any forms prescribed by the Commission under subsection
(a)(1), and any information-gathering activities of the
Commission under this Act, shall not be subject to the
provisions of section 3512 of title 44.
(d) Rules, regulations, or forms; issuance, procedures
applicable, etc.
(1) Before prescribing any rule, regulation, or form
under this section or any other provision of this Act, the
Commission shall transmit a statement with respect to such
rule, regulation, or form to the Senate and the House of
Representatives, in accordance with this subsection. Such
statement shall set forth the proposed rule, regulation, or
form, and shall contain a detailed explanation and
justification of it.
(2) If either House of the Congress does not disapprove
by resolution any proposed rule or regulation submitted by
the Commission under this section within 30 legislative days
after the date of the receipt of such proposed rule or
regulation or within 10 legislative days after the date of
receipt of such proposed form, the Commission may prescribe
such rule, regulation, or form.
(3) For purposes of this subsection, the term
``legislative day'' means, with respect to statements
transmitted to the Senate, any calendar day on which the
Senate is in session, and with respect to statements
transmitted to the House of Representatives, any calendar
day on which the House of Representatives is in session.
(4) For purposes of this subsection, the terms ``rule''
and ``regulation'' mean a provision or series of
interrelated provisions stating a single, separable rule of
law.
(5)(A) A motion to discharge a committee of the Senate
from the consideration of a resolution relating to any such
rule, regulation, or form or a motion to proceed to the
consideration of such resolution, is highly privileged and
shall be decided without debate.
(B) Whenever a committee of the House of Representatives
reports any resolution relating to any such form, rule or
regulation, it is at any time thereafter in order (even
though a previous motion to the same effect has been
disagreed to) to move to proceed to the consideration of the
resolution. The motion is highly privileged and is not
debatable. 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 with.
(e) Scope of protection for good faith reliance upon rules
or regulations
Notwithstanding any other provision of law, any person
who relies upon any rule or regulation prescribed by the
Commission in accordance with the provisions of this section
and who acts in good faith in accordance with such rule or
regulation shall not, as a result of such act, be subject to
any sanction provided by this Act or by chapter 95 or
chapter 96 of title 26.
(f) Promulgation of rules, regulations, and forms by
Commission and Internal Revenue Service; report to
Congress on cooperative efforts
In prescribing such rules, regulations, and forms under
this section, the Commission and the Internal Revenue
Service shall consult and work together to promulgate rules,
regulations, and forms which are mutually consistent. The
Commission shall report to the Congress annually on the
steps it has taken to comply with this subsection. (Pub. L.
92-225, Title III, Sec. 311, formerly Sec. 308, Feb. 7,
1972, 86 Stat. 16, renumbered Sec. 316 and amended Pub. L.
93-443, Title II, Sec. Sec. 208(a), (c) (7)-(10), 209(a)(1),
(b), Oct. 15, 1974, 88 Stat. 1279, 1286, 1287, renumbered
Sec. 315 and amended Pub. L. 94-283, Title I, Sec. Sec. 105,
110, May 11, 1976, 90 Stat. 481, 486, renumbered Sec. 311
and amended Pub. L. 96-187, Title I, Sec. Sec. 105(4), 109,
Jan. 8, 1980, 93 Stat. 1354, 1362; Pub. L. 99-514, Sec. 2,
Oct. 22, 1986, 100 Stat. 2095; Pub. L. 104-79, Sec. 3(c),
Dec. 28, 1995, 109 Stat. 792.)
399.16 Sec. 439. Statements filed with State officers;
``appropriate State'' defined; duties of State officers.
(a)(1) A copy of each report and statement required to
be filed by any person under this Act shall be filed by such
person with the Secretary of State (or equivalent State
officer) of the appropriate State, or, if different, the
officer of such State who is charged by State law with
maintaining State election campaign reports. The chief
executive officer of such State shall designate any such
officer and notify the Commission of any such designation.
(2) For purposes of this subsection, the term
``appropriate State'' means--
(A) for statements and reports in connection
with the campaign for nomination for election of
a candidate to the office of President or Vice
President, each State in which an expenditure is
made on behalf of the candidate; and
(B) for statements and reports in connection
with the campaign for nomination for election,
or election, of a candidate to the office of
Senator or Representative in, or Delegate or
Resident Commissioner to, the Congress, the
State in which the candidate seeks election;
except that political committees other than
authorized committees are only required to file,
and Secretaries of State required to keep, that
portion of the report applicable to candidates
seeking election in that State.
(b) The Secretary of State (or equivalent State
officer), or the officer designated under subsection (a)(1)
of this section, shall--
(1) receive and maintain in an orderly
manner an reports and statements required by
this Act to be filed therewith;
(2) keep such reports and statements (either
in original filed form or in facsimile copy by
microfilm or otherwise) for 2 years after their
date of receipt;
(3) make each report and statement filed
therewith available as soon as practicable (but
within 48 hours of receipt) for public
inspection and copying during regular business
hours, and permit copying of any such report or
statement by hand or by duplicating machine at
the request of any person, except that such
copying shall be at the expense of the person
making the request; and
(4) compile and maintain a current list of
all reports and statements pertaining to each
candidate.
(c) Subsections (a) and (b) of this section shall not
apply with respect to any State that, as determined by the
Commission, has a system that permits electronic access to,
and duplication of, reports and statements that are filed
with the Commission. (Pub. L. 92-225, Title III, Sec. 312,
formerly Sec. 309, as added Pub. L. 93-433 renumbered
Sec. 317 and amended Pub. L. 93-443, Title II, Sec. 208(a),
(c) (11), Oct. 15, 1974, 88 Stat. 1279, 1287; renumbered
Sec. 316, Pub. L. 94-283, Title I, Sec. 105, May 11, 1976,
90 Stat. 481, renumbered Sec. 312 and amended Pub. L. 96-
187, Title I, Sec. Sec. 105(4), 110, Jan. 8, 1980, 93 Stat.
1354, 1364; Pub. L. 104-79, Sec. 2, Dec. 28, 1995, 109 Stat.
791.)
399.16-1 Sec. 439a. Use of contributed amounts for certain purposes.
Amounts received by a candidate as contributions that
are in excess of any amount necessary to defray his
expenditures, and any other amounts contributed to an
individual for the purpose of supporting his or her
activities as a holder of Federal office, may be used by
such candidate or individual, as the case may be, to defray
any ordinary and necessary expenses incurred in connection
with his or her duties as a holder of Federal office, may be
contributed to any organization described in section 170(c)
of title 26, or may be used for any other lawful purpose,
including transfers without limitation to any national,
State, or local committee of any political party; except
that no such amounts may be converted by any person to any
personal use, other than to defray any ordinary and
necessary expenses incurred in connection with his or her
duties as a holder of Federal office. (Pub. L. 92-225, Title
III, Sec. 313, formerly Sec. 318, as added Pub. L. 93-443,
Title II, Sec. 210, Oct. 15, 1974, 88 Stat. 1288, renumbered
Sec. 317, Pub. L. 94-283, Title I, Sec. 105, May 11, 1976,
90 Stat. 481, renumbered Sec. 313 and amended Pub. L. 96-
187, Title I, Sec. Sec. 105(4), 113, Jan. 8, 1980, 93 Stat.
1354, 1366; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.
2095; Pub. L. 101-194, Title V, Sec. 504(a), Nov. 30, 1989,
103 Stat. 1755.)
Sec. 439b. (Repealed.)
399.16-3 Sec. 439c. Authorization of appropriations.
There are authorized to be appropriated to the
Commission for the purpose of carrying out its functions
under this Act, and under chapters 95 and 96 of title 26,
not to exceed $5,000,000 for the fiscal year ending June 30,
1975. There are authorized to be appropriated to the
Commission $6,000,000 for the fiscal year ending June 30,
1976, $1,500,000 for the period beginning July 1, 1976, and
ending September 30, 1976, $6,000,000 for the fiscal year
ending September 30, 1977, and $7,811,500 for the fiscal
year ending September 30, 1978, and $9,400,000 (of which not
more than $400,000 is authorized to be appropriated for the
national clearinghouse function described in section
(438(a)(10) of this title) for the fiscal year ending
September 30, 1981. (Pub. L. 92-225, Title III, Sec. 314,
formerly Sec. 320, as added Pub. L. 93-443, Title II, Sec.
210, Oct. 15, 1974, 88 Stat. 1289; renumbered Sec. 319 and
amended Pub. L. 94-283, Title I, Sec. 105; 113, May 11,
1976, 90 Stat. 481, 495; Pub. L. 95-127, Oct. 12, 1977, 91
Stat. 1110; renumbered Sec. 314, Pub. L. 96-187, Title I,
Sec. 105(5), Jan. 8, 1980, 93 Stat. 1354; Pub. L. 96-253,
May 29, 1980, 94 Stat. 398; Pub. L. 99-514, Sec. 2, Oct. 22,
1986, 100 Stat. 2095.)
Sec. 440. (Repealed.)
Sec. 441. (Repealed.)
399.17 Sec. 441a. Limitations on contributions and expenditures.
(a) Dollar limits on contributions
(1) No person shall make contributions--
(A) to any candidate and his authorized
political committees with respect to any
election for Federal office which, in the
aggregate, exceed $1,000;
(B) to the political committees established
and maintained by a national political party,
which are not the authorized political
committees of any candidate, in any calendar
year which, in the aggregate, exceed $20,000; or
(C) to any other political committee in any
calendar year which, in the aggregate, exceed
$5,000.
(2) No multicandidate political committee shall make
contributions--
(A) to any candidate and his authorized
political committees with respect to any
election for Federal office which, in the
aggregate, exceed $5,000;
(B) to the political committees established
and maintained by a national political party,
which are not the authorized political
committees of any candidate, in any calendar
year, which, in the aggregate, exceed $15,000;
or
(C) to any other political committee in any
calendar year which, in the aggregate, exceed
$5,000.
(3) No individual shall make contributions aggregating
more than $25,000 in any calendar year. For purposes of this
paragraph, any contribution made to a candidate in a year
other than the calendar year in which the election is held
with respect to which such contribution is made, is
considered to be made during the calendar year in which such
election is held.
(4) The limitations on contributions contained in
paragraphs (1) and (2) do not apply to transfers between and
among political committees which are national, State,
district, or local committees (including any subordinate
committee thereof) of the same political party. For purposes
of paragraph (2), the term ``multicandidate political
committee'' means a political committee which has been
registered under section 433 for a period of not less than 6
months, which has received contributions from more than 50
persons, and, except for any State political party
organization, has made contributions to 5 or more candidates
for Federal office.
(5) For purposes of the limitations provided by
paragraph (1) and paragraph (2), all contributions made by
political committees established or financed or maintained
or controlled by any corporation, labor organization, or any
other person, including any parent, subsidiary, branch,
division, department, or local unit of such corporation,
labor organization, or any other person, or by any group of
such persons, shall be considered to have been made by a
single political committee, except that (A) nothing in this
sentence shall limit transfers between political committees
of funds raised through joint fund raising efforts; (B) for
purposes of the limitations provided by paragraph (1) and
paragraph (2) all contributions made by a single political
committee established or financed or maintained or
controlled by a national committee of a political party and
by a single political committee established or financed or
maintained or controlled by the State committee of a
political party shall not be considered to have been made by
a single political committee; and (C) nothing in this
section shall limit the transfer of funds between the
principal campaign committee of a candidate seeking
nomination or election to a Federal office and the principal
campaign committee of that candidate for nomination or
election to another Federal office if (i) such transfer is
not made when the candidate is actively seeking nomination
or election to both such offices; (ii) the limitations
contained in this Act on contributions by persons are not
exceeded by such transfer; and (iii) the candidate has not
elected to receive any funds under chapter 95 or chapter 96
of title 26. In any case in which a corporation and any of
its subsidiaries, branches, divisions, departments, or local
units, or a labor organization and any of its subsidiaries,
branches, divisions, departments, or local units establish
or finance or maintain or control more than one separate
segregated fund, all such separate segregated funds shall be
treated as a single separate segregated fund for purposes of
the limitations provided by paragraph (1) and paragraph (2).
(6) The limitations on contributions to a candidate
imposed by paragraphs (1) and (2) of this subsection shall
apply separately with respect to each election, except that
all elections held in any calendar year for the office of
President of the United States (except a general election
for such office) shall be considered to be one election.
(7) For purposes of this subsection--
(A) contributions to a named candidate made
to any political committee authorized by such
candidate to accept contributions on his behalf
shall be considered to be contributions made to
such candidate;
(B)(i) expenditures made by any person in
cooperation, consultation, or concert, with, or
at the request or suggestion of, a candidate,
his authorized political committees, or their
agents, shall be considered to be a contribution
to such candidate;
(ii) the financing by any person of the
dissemination, distribution, of republication,
in whole or in part, of any broadcast or any
written, graphic, or other form of campaign
materials prepared by the candidate, his
campaign committees, or their authorized agents
shall be considered to be an expenditure for
purposes of this paragraph; and
(C) contributions made to or for the benefit
of any candidate nominated by a political party
for election to the office of Vice President of
the United States shall be considered to be
contributions made to or for the benefit of the
candidate of such party for election to the
office of President of the United States.
(8) For purposes of the limitations imposed by this
section, all contributions made by a person, either directly
or indirectly, on behalf of a particular candidate,
including contributions which are in any way earmarked or
otherwise directed through an intermediary or conduit to
such candidate, shall be treated as contributions from such
person to such candidate. The intermediary or conduit shall
report the original source and the intended recipient of
such contribution to the Commission and to the intended
recipient.
(b) Dollar limits on expenditures by candidates for office
of President of the United States
(1) No candidate for the office of President of the
United States who is eligible under section 9003 of title 26
(relating to condition for eligibility for payments) or
under section 9033 of title 26 (relating to eligibility for
payments) to receive payments from the Secretary of the
Treasury may make expenditures in excess of--
(A) $10,000,000 in the case of a campaign
for nomination for election to such office,
except the aggregate of expenditures under this
subparagraph in any one State shall not exceed
the greater of 16 cents multiplied by the voting
age population of the State (as certified under
subsection (e) of this section), or $200,000; or
(B) $20,000,000 in the case of a campaign
for election to such office.
(2) For purposes of this subsection--
(A) expenditures made by or on behalf of any
candidate nominated by a political party for
election to the office of Vice President of the
United States shall be considered to be
expenditures made by or on behalf of the
candidate of such party for election to the
office of President of the United States; and
(B) an expenditure is made on behalf of a
candidate, including a vice presidential
candidate, if it is made by--
(i) an authorized committee or any other
agent of the candidate for purposes of
making any expenditure; or
(ii) any person authorized or requested
by the candidate, an authorized committee of
the candidate, or any agent of the
candidate, to make the expenditure.
(c) Increases on limits based on increases in price index
(1) At the beginning of each calendar year (commencing
in 1976), as there become available necessary data from the
Bureau of Labor Statistics of the Department of Labor, the
Secretary of Labor shall certify to the Commission and
publish in the Federal Register the per-cent difference
between the price index for the 12 months preceding the
beginning of such calendar year and the price index for the
base period. Each limitation established by subsection (b)
and subsection (d) shall be increased by such percent
difference. Each amount so increased shall be the amount in
effect for such calendar year.
(2) For purposes of paragraph (1)--
(A) the term ``price index'' means the
average over a calendar year of the Consumer
Price Index (all items--United States city
average) published monthly by the Bureau of
Labor Statistics; and
(B) the term ``base period'' means the
calendar year 1974.
(d) Expenditures by national committee, State committee, or
subordinate committee of State committee in connection
with general election campaign of candidates for Federal
office
(1) Notwithstanding any other provision of law with
respect to the limitations on expenditures or limitations on
contributions, the national committee of a political party
and a State committee of a political party, including any
subordinate committee of a State committee, may make
expenditures in connection with the general election
campaign of candidates for Federal office, subject to the
limitations contained in paragraphs (2) and (3) of this
subsection.
(2) The national committee of a political party may not
make any expenditure in connection with the general election
campaign of any candidate for President of the United States
who is affiliated with such party which exceeds an amount
equal to 2 cents multiplied by the voting age population of
the United States (as certified under subsection (e) of this
section). Any expenditure under this paragraph shall be in
addition to any expenditure by a national committee of a
political party serving as the principal campaign committee
of a candidate for the office of President of the United
States.
(3) The national committee of a political party, or a
State committee of a political party, including any
subordinate committee of a State committee, may not make any
expenditure in connection with the general election campaign
of a candidate for Federal office in a State who is
affiliated with such party which exceeds--
(A) in the case of a candidate for election
to the office of Senator, or of Representative
from a State which is entitled to only one
Representative, the greater of--
(i) 2 cents multiplied by the voting age
population of the State (as certified under
subsection (e) of this section); or
(ii) $20,000; and
(B) in the case of a candidate for election
to the office of Representative, Delegate, or
Resident Commissioner in any other State,
$10,000.
(e) Certification and publication of estimated voting age
population
During the first week of January 1975, and every
subsequent year, the Secretary of Commerce shall certify to
the Commission and publish in the Federal Register an
estimate of the voting age population of the United States,
of each State, and of each congressional district as of the
first day of July next preceding the date of certification.
The term ``voting age population'' means resident
population, 18 years of age or older.
(f) Prohibited contributions and expenditures
No candidate or political committee shall knowingly
accept any contribution or make any expenditure in violation
of the provisions of this section. No officer or employee of
a political committee shall knowingly accept a contribution
made for the benefit or use of a candidate, or knowingly
make any expenditure on behalf of a candidate, in violation
of any limitation imposed on contributions and expenditures
under this section.
(g) Attribution of multi-State expenditures to candidate's
expenditure limitation in each State
The Commission shall prescribe rules under which any
expenditure by a candidate for presidential nominations for
use in 2 or more States shall be attributed to such
candidate's expenditure limitation in each such State, based
on the voting age population in such State which can
reasonably be expected to be influenced by such expenditure.
(h) Senatorial candidates
Notwithstanding any other provision of this Act, amounts
totaling not more than $17,500 may be contributed to a
candidate for nomination for election, or for election, to
the United States Senate during the year in which an
election is held in which he is such a candidate, by the
Republican or Democratic Senatorial Campaign Committee, or
the national committee of a political party, or any
combination of such committees. (May 11, 1976, Pub. L. 94-
283, Sec. 112(2), 90 Stat. 486; Jan. 8, 1980, Pub. L. 96-
187, Title I, Sec. 105(5), 93 Stat. 1354; Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)
399.17-1 Sec. 441b. Contributions or expenditures by national banks,
corporations, or labor organizations.
(a) It is unlawful for any national bank, or any
corporation organized by authority of any law of Congress,
to make a contribution or expenditure in connection with any
election to any political office, or in connection with any
primary election or political convention or caucus held to
select candidates for any political office, or for any
corporation whatever, or any labor organization, to make a
contribution or expenditure in connection with any election
at which presidential and vice presidential electors or a
Senator or Representative in, or a Delegate or Resident
Commissioner to, Congress are to be voted for, or in
connection with any primary election or political convention
or caucus held to select candidates for any of the foregoing
offices, or for any candidate, political committee, or other
person knowingly to accept or receive any contribution
prohibited by this section, or any officer or any director
of any corporation or any national bank or any officer of
any labor organization to consent to any contribution or
expenditure by the corporation, national bank, or labor
organization, as the case may be, prohibited by this
section.
(b)(1) For the purposes of this section the term ``labor
organization'' means any organization of any kind, or any
agency or employee representation committee or plan, in
which employees participate and which exists for the
purpose, in whole or in part, of dealing with employers
concerning grievances, labor disputes, wages, rates of pay,
hours of employment, or conditions of work.
(2) For purposes of this section and section 12(h) of
the Public Utility Holding Company Act (15 U.S.C. 791(h)),
the term ``contribution or expenditure'' shall include any
direct or indirect payment, distribution, loan, advance,
deposit, or gift of money, or any services, or anything of
value (except a loan of money by a national or State bank
made in accordance with the applicable banking laws and
regulations and in the ordinary course of business) to any
candidate, campaign committee, or political party or
organization, in connection with any election to any of the
offices referred to in this section, but shall not include
(A) communications by a corporation to its stockholders and
executive or administrative personnel and their families or
by a labor organization to its members and their families on
any subject; (B) nonpartisan registration and get-out-the-
vote campaigns by a corporation aimed at its stockholders
and executive or administrative personnel and their
families, or by a labor organization aimed at its members
and their families; and (C) the establishment,
administration, and solicitation of contributions to a
separate segregated fund to be utilized for political
purposes by a corporation, labor organization, membership
organization, cooperative, or corporation without capital
stock.
(3) It shall be unlawful--
(A) for such a fund to make a contribution
or expenditure by utilizing money or anything of
value secured by physical force, job
discrimination, financial reprisals, or the
threat of force, job discrimination, or
financial reprisal; or by dues, fees, or other
moneys required as a condition of membership in
a labor organization or as a condition of
employment, or by moneys obtained in any
commercial transaction;
(B) for any person soliciting an employee
for a contribution to such a fund to fail to
inform such employee of the political purposes
of such fund at the time of such solicitation;
and
(C) for any person soliciting an employee
for a contribution to such a fund to fail to
inform such employee, at the time of such
solicitation, of his right to refuse to so
contribute without any reprisal.
(4)(A) Except as provided in subparagraphs (B), (C), and
(D), it shall be unlawful--
(i) for a corporation, or a separate
segregated fund established by a corporation, to
solicit contributions to such a fund from any
person other than its stockholders and their
families and its executive or administrative
personnel and their families, and
(ii) for a labor organization, or a separate
segregated fund established by a labor
organization, to solicit contributions to such a
fund from any person other than its members and
their families.
(B) It shall not be unlawful under this section for a
corporation, a labor organization, or a separate segregated
fund established by such corporation or such labor
organization, to make 2 written solicitations for
contributions during the calendar year from any stockholder,
executive or administrative personnel, or employee of a
corporation or the families of such persons. A solicitation
under this subparagraph may be made only by mail addressed
to stockholders, executive or administrative personnel, or
employees at their residence and shall be so designed that
the corporation, labor organization, or separate segregated
fund conducting such solicitation cannot determine who makes
a contribution of $50 or less as a result of such
solicitation who does not make such a contribution.
(C) This paragraph shall not prevent a membership
organization, cooperative, or corporation without capital
stock, or a separate segregated fund established by a
membership organization, cooperative, or corporation without
capital stock, from soliciting contributions to such a fund
from members of such organization, cooperative, or
corporation without capital stock.
(D) This paragraph shall not prevent a trade association
or a separate segregated fund established by a trade
association from soliciting contributions from the
stockholders and executive or administrative personnel of
the member corporations of such trade association and the
families of such stockholders or personnel to the extent
that such solicitation of such stockholders and personnel,
and their families, has been separately and specifically
approved by the member corporation involved, and such member
corporation does not approve any such solicitation by more
than one such trade association in any calendar year.
(5) Notwithstanding any other law, any method of
soliciting voluntary contributions or of facilitating the
making of voluntary contributions to a separate segregated
fund established by a corporation, permitted by law to
corporations with regard to stockholders and executive or
administrative personnel, shall also be permitted to labor
organizations with regard to their members.
(6) Any corporation, including its subsidiaries,
branches, divisions, and affiliates, that utilizes a method
of soliciting voluntary contributions or facilitating the
making of voluntary contributions, shall make available such
method, on written request and at a cost sufficient only to
reimburse the corporation for the expenses incurred thereby,
to a labor organization representing any members working for
such corporation, its subsidiaries, branches, divisions, and
affiliates.
(7) For purposes of this section, the term ``executive
or administrative personnel'' means individuals employed by
a corporation who are paid on a salary, rather than hourly,
basis and who have policymaking, managerial, professional,
or supervisory responsibilities. (May 11, 1976, Pub. L. 94-
283, Sec. 112(2), 90 Stat. 490; renumbered and amended Pub.
L. 96-187, Title I, Sec. Sec. 105(5), 112(d), Jan. 8, 1980,
93 Stat. 1354, 1366.)
399.17-2 Sec. 441c. Contributions by government contractors.
(a) Prohibition
It shall be unlawful for any person--
(1) who enters into any contract with the
United States or any department or agency
thereof either for the rendition of personal
services or furnishing any material, supplies,
or equipment to the United States or any
department or agency thereof or for selling any
land or building to the United States or any
department or agency thereof, if payment for the
performance of such contract or payment for such
material, supplies, equipment, land, or building
is to be made in whole or in part from funds
appropriated by the Congress, at any time
between the commencement of negotiations for and
the later of (A) the completion of performance
under; or (B) the termination of negotiations
for, such contract or furnishing of material,
supplies, equipment, land, or buildings,
directly or indirectly to make any contribution
of money or other things of value, or to promise
expressly or impliedly to make any such
contribution to any political party, committee,
or candidate for public office or to any person
for any political purpose or use; or
(2) knowingly to solicit any such
contribution from any such person for any such
purpose during any such period.
(b) Separate segregated funds
This section does not prohibit or make unlawful the
establishment or administration of, or the solicitation of
contributions to, any separate segregated fund by any
corporation, labor organization, membership organization,
cooperative, or corporation without capital stock for the
purpose of influencing the nomination for election, or
election, of any person to Federal office, unless the
provisions of section 441b prohibit or make unlawful the
establishment or administration of, or the solicitation of
contributions to, such fund. Each specific prohibition,
allowance, and duty applicable to a corporation, labor
organization, or separate segregated fund under section 441b
applies to a corporation, labor organization, or separate
segregated fund to which this subsection applies.
(c) ``Labor organization'' defined
For purposes of this section, the term ``labor
organization'' has the meaning given it by section
441b(b)(1) of this title. (May 11, 1976, Pub. L. 94-283,
Sec. 112(2), 90 Stat. 492; Jan. 8, 1980, Pub. L. 96-187,
Title I, Sec. 105(5), 93 Stat. 1354.)
399.17-3 Sec. 441d. Publication and distribution of statements and
solicitations; charge for newspaper or magazine space.
(a) Whenever any person makes an expenditure for the
purpose of financing communications expressly advocating the
election or defeat of a clearly identified candidate, or
solicits any contribution through any broadcasting station,
newspaper, magazine, outdoor advertising facility, direct
mailing, or any other type of general public political
advertising, such communication--
(1) if paid for and authorized by a
candidate, an authorized political committee of
a candidate, or its agents, shall clearly state
that the communication has been paid for by such
authorized political committee, or
(2) if paid for by other persons but
authorized by a candidate, an authorized
political committee of a candidate, or its
agents, shall clearly state that the
communication is paid for by such other persons
and authorized by such authorized political
committee;
(3) if not authorized by a candidate, an
authorized political committee of a candidate,
or its agents, shall clearly state the name of
the person who paid for the communication and
state that the communication is not authorized
by any candidate or candidate's committee.
(b) No person who sells space in a newspaper or magazine
to a candidate or to the agent of a candidate, for use in
connection with such candidate's campaign, may charge any
amount for such space which exceeds the amount charged for
comparable use of such space for other purposes. (Pub. L.
92-225, Title III, Sec. 318, formerly Sec. 323, as added
Pub. L. 94-283, Title I, Sec. 112(2), May 11, 1976, 90 Stat.
493, renumbered and amended Pub. L. 96-187, Title I,
Sec. Sec. 105(5), 111, Jan. 8, 1980, 93 Stat. 1354, 1365.)
399.17-4 Sec. 441e. Contributions by foreign nationals.
(a) It shall be unlawful for a foreign national directly
or through any other person to make any contribution of
money or other thing of value, or to promise expressly or
impliedly to make any such contribution, in connection with
an election to any political office or in connection with
any primary election, convention, or caucus held to select
candidates for any political office; or for any person to
solicit, accept, or receive any such contribution from a
foreign national.
(b) As used in this section, the term ``foreign
national'' means--
(1) a foreign principal, as such term is
defined by section 1(b) of the Foreign Agents
Registration Act of 1938 (22 U.S.C. 611(b)),
except that the term ``foreign national'' shall
not include any individual who is a citizen of
the United States; or
(2) an individual who is not a citizen of
the United States and who is not lawfully
admitted for permanent residence, as defined by
section 101(a)(20) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(20)). (May 11,
1976, Pub. L. 94-283, Sec. 112(2), 90 Stat. 493;
Jan. 8, 1980, Pub. L. 96-187, Title I,
Sec. 105(5), 93 Stat. 1354.)
399.17-5 Sec. 441f. Contributions in name of another prohibited.
No person shall make a contribution in the name of
another person or knowingly permit his name to be used to
effect such a contribution, and no person shall knowingly
accept a contribution made by one person in the name of
another person. (May 11, 1976, Pub. L. 94-283, Sec. 112(2),
90 Stat. 494; Jan. 8, 1980, Pub. L. 96-187, Title I,
Sec. 105(5), 93 Stat. 1354.)
399.17-6 Sec. 441g. Limitation on contribution of currency.
No person shall make contributions of currency of the
United States or currency of any foreign country to or for
the benefit of any candidate which, in the aggregate, exceed
$100, with respect to any campaign of such candidate for
nomination for election, or for election, to Federal office.
(May 11, 1976, Pub. L. 94-283, Sec. 112(2), 90 Stat. 494;
Jan. 8, 1980, Pub. L. 96-187, Title I, Sec. 105(5), 93 Stat.
1354.)
399.17-7 Sec. 441h. Fraudulent misrepresentation of campaign
authority.
No person who is a candidate for Federal office or any
employee or agent of such a candidate shall--
(1) fraudulently misrepresent himself or any
committee or organization under his control as
speaking or writing or otherwise acting for or
on behalf of any other candidate or political
party or employee or agent thereof on a matter
which is damaging to such other candidate or
political party or employee or agent thereof; or
(2) willfully and knowingly participate in
or conspire to participate in any plan, scheme,
or design to violate paragraph (1). (May 11,
1976, Pub. L. 94-283, Sec. 112(2), 90 Stat. 494;
Jan. 8, 1980, Pub. L. 96-187, Title I,
Sec. 105(5), 93 Stat. 1354.)
399.17-8 Sec. 441i. (Repealed.) (Pub. L. 102-90, Sec. 6(d), Aug. 14,
1991, 105 Stat. 451)
Sec. 441j. (Repealed.)
399.19 Sec. 442. Authority to procure technical support and other
services and incur travel expenses; payment of such
expenses.
For the purpose of carrying out his duties under the
Federal Election Campaign Act of 1971, the Secretary of the
Senate is authorized, from and after July 1, 1972, (1) to
procure technical support services, (2) to procure the
temporary or intermittent services of individual
technicians, experts, or consultants, or organizations
thereof, in the same manner and under the same conditions,
to the extent applicable, as a standing committee of the
Senate may procure such services under section 202(i) of the
Legislative Reorganization Act of 1946, (3) with the prior
consent of the Government department or agency concerned and
the Committee on Rules and Administration, to use on a
reimbursable basis the services of personnel of any such
department or agency, and (4) to incur official travel
expenses. Payments to carry out the provisions of this
paragraph shall be made from funds included in the
appropriation ``Miscellaneous Items'' under the heading
``Contingent Expenses of the Senate'' upon vouchers approved
by the Secretary of the Senate. All sums received by the
Secretary under authority of the Federal Election Campaign
Act of 1971 shall be covered into the Treasury as
miscellaneous receipts. (July 10, 1972, Pub. L. 92-342,
Sec. 101, 86 Stat. 435.)
Subchapter II.--General Provisions
399.20 Sec. 451. Extension of credit by regulated industries;
regulations.
The Secretary of Transportation, the Federal
Communications Commission, and the Surface Transportation
Board shall each maintain,\1\ its own regulations with
respect to the extension of credit, without security, by any
person regulated by the Secretary under subpart II of part A
of subtitle VII of title 49, or such Commission or Board, to
any candidate for Federal office, or to any person on behalf
of such a candidate, for goods furnished or services
rendered in connection with the campaign of such candidate
for nomination for election, or election, to such office.
Pub. L. 92-225, Title IV, Sec. 401, Feb. 7, 1972, 86 Stat.
19; Pub. L. 93-443, Title II, Sec. 201(b)(1), Oct. 15, 1974,
88 Stat. 1275; Pub. L. 103-272, Sec. 4(a), July 5, 1994, 108
Stat. 1360; Pub. L. 104-88, Title III, Sec. 313, Dec. 29,
1995, 109 Stat. 948: Pub. L. 104-287, Sec. 6(g), Oct. 11,
1996, 110 Stat. 3399.)
\1\ So in original. The comma probably should not
appear.
399.21 Sec. 452. Prohibition against use of certain Federal funds
for election activities.
No part of any funds appropriated to carry out the
Economic Opportunity Act of 1964 shall be used to finance,
directly or indirectly, any activity designed to influence
the outcome of any election to Federal office, or any voter
registration activity, or to pay the salary of any officer
or employee of the Office of Economic Opportunity who, in
his official capacity as such an officer or employee,
engages in any such activity. (Feb. 7, 1972, Pub. L. 92-225,
Sec. 402, 86 Stat. 19; Oct. 15, 1974, Pub. L. 93-443,
Sec. 201(b)(2), 88 Stat. 1275.)
399.22 Sec. 453. State laws affected.
The provisions of this Act, and of rules prescribed
under this Act, supersede and preempt any provision of State
law with respect to election to Federal Office. (Feb. 7,
1972, Pub. L. 92-225, Sec. 403, 86 Stat. 20; Oct. 15, 1974,
Pub. L. 93-443, Sec. 301, 88 Stat. 1289.)
399.23 Sec. 454. Partial invalidity.
If any provision of this Act, or the application thereof
to any person or circumstance, is held invalid, the validity
of the remainder of the Act and the application of such
provision to other persons and circumstances shall not be
affected thereby. (Feb. 7, 1972, Pub. L. 92-225, Sec. 404,
86 Stat. 20.)
399.23-1 Sec. 455. Period of limitations.
(a) No person shall be prosecuted, tried, or punished
for any violation of subchapter I of this chapter unless the
indictment is found or the information is instituted within
3 years after the date of the violation.
(b) Notwithstanding any other provision of law--
(1) the period of limitations referred to in
subsection (a) of this section shall apply with
respect to violations referred to in such
subsection committed before, on, or after the
effective date of this section; and
(2) no criminal proceeding shall be
instituted against any person for any act or
omission which was a violation of any provision
of subchapter I of this chapter, as in effect on
December 31, 1974, if such act or omission does
not constitute a violation of any such
provision, as amended by the Federal Election
Campaign Act Amendments of 1974.
Nothing in this subsection shall affect any proceeding
pending in any court of the United States on January 1,
1975. (Feb. 7, 1972, Pub. L. 92-225, Sec. 406, as added,
Oct. 15, 1974, Pub. L. 93-443, Sec. 302, 88 Stat. 1289; May
11, 1976, Pub. L. 94-283, Sec. 115(f), 90 Stat. 496.)
Sec. 456. (Repealed.)
Chapter 15.--OFFICE OF TECHNOLOGY ASSESSMENT
399.24 Sec. 471. Congressional findings and declaration of purpose.
The Congress hereby finds and declares that:
(a) As technology continues to change and
expand rapidly, its applications are--
(1) large and growing in scale; and
(2) increasingly extensive, pervasive,
and critical in their impact, beneficial and
adverse, on the natural and social
environment.
(b) Therefore, it is essential that, to the
fullest extent possible, the consequences of
technological applications be anticipated,
understood, and considered in determination of
public policy on existing and emerging national
problems.
(c) The Congress further finds that:
(1) the Federal agencies presently
responsible directly to the Congress are not
designed to provide the legislative branch
with adequate and timely information,
independently developed, relating to the
potential impact of technological
applications, and
(2) the present mechanisms of the
Congress do not and are not designed to
provide the legislative branch with such
information.
(d) Accordingly, it is necessary for the
Congress to--
(1) equip itself with new and effective
means for securing competent, unbiased
information concerning the physical,
biological, economic, social, and political
effects of such applications; and
(2) utilize this information, whenever
appropriate, as one factor in the
legislative assessment of matters pending
before the Congress, particularly in those
instances where the Federal Government may
be called upon to consider support for, or
management or regulation of, technological
applications. (Oct. 13, 1972, Pub. L. 92-
484, Sec. 2, 86 Stat. 797.)
399.25 Sec. 472. Office of Technology Assessment.
(a) In accordance with the findings and declaration of
purpose, in section 471 of this title, there is hereby
created the Office of Technology Assessment (hereinafter
referred to as the ``Office'') which shall be within and
responsible to the legislative branch of the Government.
(b) The Office shall consist of a Technology Assessment
Board (hereinafter referred to as the ``Board'') which shall
formulate and promulgate the policies of the Office, and a
Director who shall carry out such policies and administer
the operations of the Office.
(c) The basic function of the Office shall be to provide
early indications of the probable beneficial and adverse
impacts of the applications of technology and to develop
other coordinate information which may assist the Congress.
In carrying out such function, the Office shall:
(1) identify existing or probable impacts of
technology or technological programs;
(2) where possible, ascertain cause-and-
effect relationships;
(3) identify alternative technological
methods of implementing specific programs;
(4) identify alternative programs for
achieving requisite goals;
(5) make estimates and comparisons of the
impacts of alternative methods and programs;
(6) present findings of completed analyses
to the appropriate legislative authorities;
(7) identify areas where additional research
or data collection is required to provide
adequate support for the assessments and
estimates described in paragraphs (1) through
(5) of this subsection; and
(8) undertake such additional associated
activities as the appropriate authorities
specified under subsection (d) may direct.
(d) Assessment activities undertaken by the Office may
be initiated upon the request of:
(1) the chairman of any standing, special,
or select committee of either House of the
Congress, or of any joint committee of the
Congress, acting for himself or at the request
of the ranking minority member or a majority of
the committee members;
(2) the Board; or
(3) the Director, in consultation with the
Board.
(e) Assessments made by the Office, including
information, surveys, studies, reports, and findings related
thereto, shall be made available to the initiating committee
or other appropriate committees of the Congress. In
addition, any such information, surveys, studies, reports,
and findings produced by the Office may be made available to
the public except where--
(1) to do so would violate security
statutes; or
(2) the Board considers it necessary or
advisable to withhold such information in
accordance with one or more of the numbered
paragraphs in section 552(b) of title 5, United
States Code. (Oct. 13, 1972, Pub. L. 92-484,
Sec. 3, 86 Stat. 797.)
399.26 Sec. 473. Technology Assessment Board.
(a) The Board shall consist of thirteen members as
follows:
(1) six Members of the Senate, appointed by
the President pro tempore of the Senate, three
from the majority party and three from the
minority party;
(2) six Members of the House of
Representatives appointed by the Speaker of the
House of Representatives, three from the
majority party and three from the minority
party; and
(3) the Director, who shall not be a voting
member.
(b) Vacancies in the membership of the Board shall not
affect the power of the remaining members to execute the
functions of the Board and shall be filled in the same
manner as in the case of the original appointment.
(c) The Board shall select a chairman and a vice
chairman from among its members at the beginning of each
Congress. The vice chairman shall act in the place and stead
of the chairman in the absence of the chairman. The
chairmanship and the vice chairmanship shall alternate
between the Senate and the House of Representatives with
each Congress. The chairman during each even-numbered
Congress shall be selected by the Members of the House of
Representatives on the Board from among their number. The
vice chairman during each Congress shall be chosen in the
same manner from that House of Congress other than the House
of Congress of which the chairman is a Member.
(d) The Board is authorized to sit and act at such
places and times during the sessions, recesses, and
adjourned periods of Congress, and upon a vote of a majority
of its members, to require by subpena or otherwise the
attendance of such witnesses and the production of such
books, papers, and documents, to administer such oaths and
affirmations, to take such testimony, to procure such
printing and binding, and to make such expenditures, as it
deems advisable. The Board may make such rules respecting
its organization and procedures as it deems necessary,
except that no recommendation shall be reported from the
Board unless a majority of the Board assent. Subpenas may be
issued over the signature of the chairman of the Board or of
any voting member designated by him or by the Board, and may
be served by such person or persons as may be designated by
such chairman or member. The chairman of the Board or any
voting member thereof may administer oaths or affirmations
to witnesses. (Oct. 13, 1972, Pub. L. 92-484, Sec. 4, 86
Stat. 798.)
399.27 Sec. 474. Director of Office of Technology Assessment.
(a) The Director of the Office of Technology Assessment
shall be appointed by the Board and shall serve for a term
of six years unless sooner removed by the Board. He shall
receive basic pay at the rate provided for level III of the
Executive Schedule under section 5314 of title 5.
(b) In addition to the powers and duties vested in him
by this Act, the Director shall exercise such powers and
duties as may be delegated to him by the Board.
(c) The Director may appoint with the approval of the
Board, a Deputy Director who shall perform such functions as
the Director may prescribe and who shall be Acting Director
during the absence or incapacity of the Director or in the
event of a vacancy in the office of Director. The Deputy
Director shall receive basic pay at the rate provided for
level IV of the Executive Schedule under section 5315 of
title 5.
(d) Neither the Director nor the Deputy Director shall
engage in any other business, vocation, or employment than
that of serving as such Director or Deputy Director, as the
case may be; nor shall the Director or Deputy Director,
except with the approval of the Board, hold any office in,
or act in any capacity or, any organization, agency, or
institution with which the Office makes any contract or
other arrangement under this chapter. (Oct. 13, 1972, Pub.
L. 92-484, Sec. 5, 86 Stat. 799.)
399.28 Sec. 475. Powers of Office of Technology Assessment.
(a) The Office shall have the authority, within the
limits of available appropriations, to do all things
necessary to carry out the provisions of this chapter,
including, but without being limited to, the authority to--
(1) make full use of competent personnel and
organizations outside the Office, public or
private, and form special ad hoc task forces or
make other arrangements when appropriate;
(2) enter into contracts or other
arrangements as may be necessary for the conduct
of the work of the Office with any agency or
instrumentality of the United States, with any
State, territory, or possession or any political
subdivision thereof, or with any person, firm,
association, corporation, or educational
institution, with or without reimbursement,
without performance or other bonds, and without
regard to section 3709 of the Revised Statutes
(41 U.S.C. 5);
(3) make advance, progress, and other
payments which relate to technology assessment
without regard to the provisions of section 3648
of the Revised Statutes (31 U.S.C. 529);
(4) accept and utilize the services of
voluntary and uncompensated personnel necessary
for the conduct of the work of the Office and
provide transportation and subsistence as
authorized by section 5703 of title 5 for
persons serving without compensation;
(5) acquire by purchase, lease, loan, or
gift, and hold and dispose of by sale, lease, or
loan, real and personal property of all kinds
necessary for or resulting from the exercise of
authority granted by this chapter; and
(6) prescribe such rules and regulations as
it deems necessary governing the operation and
organization of the Office.
(b) Contractors and other parties entering into
contracts and other arrangements under this section which
involve costs to the Government shall maintain such books
and related records as will facilitate an effective audit in
such detail and in such manner as shall be prescribed by the
Office, and such books and records (and related documents
and papers) shall be available to the Office and the
Comptroller General of the United States, or any of their
duly authorized representatives, for the purpose of audit
and examination.
(c) The Office, in carrying out the provisions of this
chapter, shall not, itself, operate any laboratories, pilot
plants, or test facilities.
(d) The Office is authorized to secure directly from any
executive department or agency information, suggestions,
estimates, statistics, and technical assistance for the
purpose of carrying out its functions under this chapter.
Each such executive department or agency shall furnish the
information, suggestions, estimates, statistics, and
technical assistance directly to the Office upon its
request.
(e) On request of the Office, the head of any executive
department or agency may detail, with or without
reimbursement, any of its personnel to assist the Office in
carrying out its functions under this chapter.
(f) The Director shall, in accordance with such policies
as the Board shall prescribe, appoint and fix the
compensation of such personnel as may be necessary to carry
out the provisions of this chapter. (Oct. 13, 1972, Pub. L.
92-484, Sec. 6, 86 Stat. 799.)
399.29 Sec. 476. Technology Assessment Advisory Council.
(a) The Office shall establish a Technology Assessment
Advisory Council (hereinafter referred to as the
``Council''). The Council shall be composed of the following
twelve members:
(1) ten members from the public, to be
appointed by the Board, who shall be persons
eminent in one or more fields of the physical,
biological, or social sciences or engineering or
experienced in the administration of
technological activities, or who may be judged
qualified on the basis of contributions made to
educational or public activities;
(2) the Comptroller General; and
(3) the Director of the Congressional
Research Service of the Library of Congress.
(b) The Council, upon request by the Board, shall--
(1) review and make recommendations to the
Board on activities undertaken by the Office or
on the initiation thereof in accordance with
section 472(d) of this title;
(2) review and make recommendations to the
Board on the findings of any assessment made by
or for the Office; and
(3) undertake such additional related tasks
as the Board may direct.
(c) The Council, by majority vote, shall elect from its
members appointed under subsection (a)(1) of this section a
Chairman and a Vice Chairman, who shall serve for such time
and under such conditions as the Council may prescribe. In
the absence of the Chairman, or in the event of his
incapacity, the Vice Chairman shall act as Chairman.
(d) The term of office of each member of the Council
appointed under subsection (a)(1) shall be four years except
that any such member appointed to fill a vacancy occurring
prior to the expiration of the term for which his
predecessor was appointed shall be appointed for the
remainder of such term. No person shall be appointed a
member of the Council under subsection (a)(1) more than
twice. Terms of the members appointed under subsection
(a)(1) shall be staggered so as to establish a rotating
membership according to such method as the Board may devise.
(e)(1) The members of the Council other than those
appointed under subsection (a)(1) shall receive no pay for
their services as members of the Council, but shall be
allowed necessary travel expenses (or, in the alternative,
mileage for use of privately owned vehicles and payments
when traveling on official business at not to exceed the
payment prescribed in regulations implementing section 5702
and in 5704 of title 5), and other necessary expenses
incurred by them in the performance of duties vested in the
Council, without regard to the provisions of subchapter 1 of
chapter 57 and section 5731 of title 5, and regulations
promulgated thereunder.
(2) The members of the Council appointed under
subsection (a)(1) shall receive compensation for each day
engaged in the actual performance of duties vested in the
Council at rates of pay not in excess of the daily
equivalent of the highest rate of basic pay set forth in the
General Schedule of section 5332(a) of title 5, and in
addition shall be reimbursed for travel, subsistence, and
other necessary expenses in the manner provided for other
members of the Council under paragraph (1) of this
subsection. (Oct. 13, 1972, Pub. L. 92-484, Sec. 7, 86 Stat.
800; Pub. L. 99-234, Title I, Sec. 107(a), Jan. 2, 1986, 99
Stat. 1759.)
399.30 Sec. 477. Utilization of services of Library of Congress.
(a) To carry out the objectives of this Act, the
Librarian of Congress is authorized to make available to the
Office such services and assistance of the Congressional
Research Service as may be appropriate and feasible.
(b) Such services and assistance made available to the
Office shall include, but not be limited to, all of the
services and assistance which the Congressional Research
Service is otherwise authorized to provide to the Congress.
(c) Nothing in this section shall alter or modify any
services or responsibilities, other than those performed for
the Office, which the Congressional Research Service under
law performs for or on behalf of the Congress. The Librarian
is, however, authorized to establish within the
Congressional Research Service such additional divisions,
groups, or other organizational entities as may be necessary
to carry out the purpose of this Act.
(d) Services and assistance made available to the Office
by the Congressional Research Service in accordance with
this section may be provided with or without reimbursement
from funds of the Office, as agreed upon by the Board and
the Librarian of Congress. (Oct. 13, 1972, Pub. L. 92-484,
Sec. 8, 86 Stat. 801.)
399.31 Sec. 478. Utilization of services of General Accounting
Office.
(a) Financial and administrative services (including
those related to budgeting, accounting, financial reporting,
personnel, and procurement) and such other services as may
be appropriate shall be provided the Office by the General
Accounting Office.
(b) Such services and assistance to the Office shall
include, but not be limited to, all of the services and
assistance which the General Accounting Office is otherwise
authorized to provide to the Congress.
(c) Nothing in this section shall alter or modify any
services or responsibilities, other than those performed for
the Office, which the General Accounting Office under law
performs for or on behalf of the Congress.
(d) Services and assistance made available to the Office
by the General Accounting Office in accordance with this
section may be provided with or without reimbursement from
funds of the Office, as agreed upon by the Board and the
Comptroller General. (Oct. 13, 1972, Pub. L. 92-484, Sec. 9,
86 Stat. 802.)
399.32 Sec. 479. Coordination of activities with National Science
Foundation.
The Office shall maintain a continuing liaison with the
National Science Foundation with respect to--
(1) grants and contracts formulated or
activated by the Foundation which are for
purposes of technology assessment; and
(2) the promotion of coordination in areas
of technology assessment, and the avoidance of
unnecessary duplication or overlapping of
research activities in the development of
technology assessment techniques and programs.
(Oct. 13, 1972, Pub. L. 92-484, Sec. 10(a), 86
Stat. 802.)
399.33 Sec. 480. Annual report to Congress.
The Office shall submit to the Congress an annual report
which shall include, but not be limited to, an evaluation of
technology assessment techniques and identification, insofar
as may be feasible, of technological areas and programs
requiring future analysis. Such report shall be submitted
not later than March 15 of each year. (Oct. 13, 1972, Pub.
L. 92-484, Sec. 11, 86 Stat. 802.)
399.34 Sec. 481. Authorization of appropriations; availability of
appropriations.
(a) To enable the Office to carry out its powers and
duties, there is hereby authorized to be appropriated to the
Office, out of any money in the Treasury not otherwise
appropriated, not to exceed $5,000,000 in the aggregate for
the two fiscal years ending June 30, 1973, and June 30,
1974, and thereafter such sums as may be necessary.
(b) Appropriations made pursuant to the authority
provided in subsection (a) shall remain available for
obligation, for expenditure, or for obligation and
expenditure for such period or periods as may be specified
in the chapter making such appropriations. (Oct. 13, 1972,
Pub. L. 92-484, Sec. 12, 86 Stat. 803.)
Chapter 16.--CONGRESSIONAL STANDARDS AND CONDUCT
399.35 Sec. 502. Select Committee on Standards and Conduct of the
Senate.\1\
(a) Advisory opinions or consultations respecting franked
mail for persons entitled to franking privilege;
franking privilege regulations
\1\ Name changed to Select Committee on Ethics by
section 102 of S. Res. 4, 95th Congress, agreed to
February 4 (legislative day, February 1), 1977. Senate
Manual section 79.
The Select Committee on Standards and Conduct of the
Senate shall provide guidance, assistance, advice and
counsel, through advisory opinions or consultations, in
connection with the mailing or contemplated mailing of
franked mail under section 3210, 3211, 3212, 3213(2), 3218,
or 3219, and in connection with the operation of section
3215, of title 39 upon the request of any Member of the
Senate or Member-elect, surviving spouse of any of the
foregoing, or other Senate official, entitled to send mail
as franked mail under any of those sections. The select
committee shall prescribe regulations governing the proper
use of the franking privilege under those sections by such
persons.
(b) Complaint of franked mail violations; investigation;
notice and hearing; decision of select committee;
enforcement
Any complaint filed by any person with the select
committee that a violation of any section of title 39
referred to in subsection (a) of this section is about to
occur or has occurred within the immediately preceding
period of one year, by any person referred to in such
subsection (a), shall contain pertinent factual material and
shall conform to regulations prescribed by the select
committee. The select committee, if it determines there is
reasonable justification for the complaint, shall conduct an
investigation of the matter, including an investigaton of
reports and statements filed by the complainant with respect
to the matter which is the subject of the complaint. The
committee shall afford to the person who is the subject of
the complaint due notice and, if it determines that there is
substantial reason to believe that such violation has
occurred or is about to occur, opportunity for all parties
to participate in a hearing before the select committee. The
select committee shall issue a written decision on each
complaint under this subsection not later than thirty days
after such a complaint has been filed or, if a hearing is
held, not later than thirty days after the conclusion of
such hearing. Such decision shall be based on written
findings of fact in the case by the select committee. If the
select committee finds, in its written decision, that a
violation has occurred or is about to occur, the committee
may take such action and enforcement as it considers
appropriate in accordance with applicable rules, precedents,
and standing orders of the Senate, and such other standards
as may be prescribed by such committee.
(c) Administrative or judicial jurisdiction of civil actions
respecting franking law violations or abuses of franking
privilege dependent on filing of complaint with select
committee and rendition of decision by such committee
Notwithstanding any other provision of law, no court or
administrative body in the United States or in any territory
thereof shall have jurisdiction to entertain any civil
action of any character concerning or related to a violation
of the franking laws or an abuse of the franking privilege
by any person listed under subsection (a) of this section as
entitled to send mail as franked mail, until a complaint has
been filed with the select committee and the committee has
rendered a decision under subsection (b) of this section.
(d) Administrative procedure regulations
The select committee shall prescribe regulations for the
holding of investigations and hearings, the conduct of
proceedings, and the rendering of decisions under this
subsection providing for equitable procedures and the
protection of individual, public, and Government interests.
The regulations shall, insofar as practicable, contain the
substance of the administrative procedure provisions of
sections 551-559 and 701-706, of title 5. These regulations
shall govern matters under this subsection subject to
judicial review thereof.
(e) Property of Senate; records of select committee; voting
record; location of records, data, and files
The select committee shall keep a complete record of all
its actions, including a record of the votes on any question
on which a record vote is demanded. All records, data, and
files of the select committee shall be the property of the
Senate and shall be kept in the offices of the select
committee or such other places as the committee may direct.
(Dec. 18, 1973, Pub. L. 93-191, Sec. 6, 87 Stat. 744;
amended Mar. 27, 1974, Pub. L. 93-255, Sec. 3(b), 88 Stat.
52.)
Chapter 17.--CONGRESSIONAL BUDGET OFFICE
399.36 Sec. 601. Establishment.
(a) In general
(1) There is established an office of the Congress to be
known as the Congressional Budget Office (hereinafter in
this chapter referred to as the ``Office''). The Office
shall be headed by a Director; and there shall be a Deputy
Director who shall perform such duties as may be assigned to
him by the Director and, during the absence or incapacity of
the Director or during a vacancy in that office, shall act
as Director.
(2) The Director shall be appointed by the Speaker of
the House of Representatives and the President pro tempore
of the Senate after considering recommendations received
from the Committees on the Budget of the House and the
Senate, without regard to political affiliation and solely
on the basis of his fitness to perform his duties. The
Deputy Director shall be appointed by the Director.
(3) The term of office of the Director shall be 4 years
and shall expire on January 3 of the year preceding each
Presidential election. Any individual appointed as Director
to fill a vacancy prior to the expiration of a term shall
serve only for the unexpired portion of that term. An
individual serving as Director at the expiration of a term
may continue to serve until his successor is appointed. Any
Deputy Director shall serve until the expiration of the term
of office of the Director who appointed him (and until his
successor is appointed), unless sooner removed by the
Director.
(4) The Director may be removed by either House by
resolution.
(5) (A) The Director shall receive compensation at an
annual rate of pay that is equal to the lower of--
(i) the highest annual rate of compensation
of any officer of the Senate; or
(ii) the highest annual rate of compensation
of any officer of the House of Representatives.
(B) The Deputy Director shall receive compensation at an
annual rate of pay that is $1,000 less than the annual rate
of pay received by the Director, as determined under
subparagraph (A).
(b) Personnel
The Director shall appoint and fix the compensation of
such personnel as may be necessary to carry out the duties
and functions of the Office. All personnel of the Office
shall be appointed without regard to political affiliation
and solely on the basis of their fitness to perform their
duties. The Director may prescribe the duties and
responsibilities of the personnel of the Office, and
delegate to them authority to perform any of the duties,
powers, and functions imposed on the Office or on the
Director. For purposes of pay (other than pay of the
Director and Deputy Director) and employment benefits,
rights, and privileges, all personnel of the Office shall be
treated as if they were employees of the House of
Representatives.
(c) Experts and consultants
In carrying out the duties and functions of the Office,
the Director may procure the temporary (not to exceed one
year) or intermittent services of experts or consultants or
organizations thereof by contract as independent
contractors, or, in the case of individual experts or
consultants, by employment at rates of pay not in excess of
the daily equivalent of the highest rate of basic pay
payable under the General Schedule of section 5332 of title
5.
(d) Relationship to executive branch
The Director is authorized to secure information, data,
estimates, and statistics directly from the various
departments, agencies, and establishments of the executive
branch of Government and the regulatory agencies and
commissions of the Government. All such departments,
agencies, establishments, and regulatory agencies and
commissions shall furnish the Director any available
material which he determines to be necessary in the
performance of his duties and functions (other than material
the disclosure of which would be a violation of law). The
Director is also authorized, upon agreement with the head of
any such department, agency, establishment, or regulatory
agency or commission, to utilize its services, facilities,
and personnel with or without reimbursement; and the head of
each such department, agency, establishment, or regulatory
agency or commission is authorized to provide the Office
such services, facilities, and personnel.
(e) Relationship to other agencies of Congress
In carrying out the duties and functions of the Office,
and for the purpose of coordinating the operations of the
Office with those of other congressional agencies with a
view to utilizing most effectively the information,
services, and capabilities of all such agencies in carrying
out the various responsibilities assigned to each, the
Director is authorized to obtain information, data,
estimates, and statistics developed by the General
Accounting Office, and the Library of Congress, and (upon
agreement with them) to utilize their services, facilities,
and personnel with or without reimbursement. The Comptroller
General, and the Librarian of Congress, are authorized to
provide the Office with the information, data, estimates,
and statistics, and the services, facilities, and personnel,
referred to in the preceding sentence.
(f) Revenue estimates
For the purposes of revenue legislation which is income,
estate and gift, excise, and payroll taxes (i.e., Social
Security), considered or enacted in any session of Congress,
the Congressional Budget Office shall use exclusively during
that session of Congress revenue estimates provided to it by
the Joint Committee on Taxation. During that session of
Congress such revenue estimates shall be transmitted by the
Congressional Budget Office to any committee of the House of
Representatives or the Senate requesting such estimates, and
shall be used by such Committees in determining such
estimates. The Budget Committees of the Senate and House
shall determine all estimates with respect to scoring points
of order and with respect to the execution of the purposes
of this Act.
(g) Authorization of appropriations
There are authorized to be appropriated to the Office
for each fiscal year such sums as may be necessary to enable
it to carry out its duties and functions. Until sums are
first appropriated pursuant to the preceding sentence, but
for a period not exceeding 12 months following the effective
date of this subsection, the expenses of the Office shall be
paid from the contingent fund of the Senate, in accordance
with section 68 of this title, and upon vouchers approved by
the Director. (Pub. L. 93-344, Title II, Sec. 201, July 12,
1974, 88 Stat. 302; Pub. L. 99-177, Title II, Sec. 273, Dec.
12, 1985, 99 Stat. 1098; Pub. L. 101-508, Title XIII,
Sec. 13202, Nov. 5, 1990, 104 Stat. 1388-615; Pub. L. 105-
33, Title X, Sec. 10102, Aug. 5, 1997, 111 Stat. 678; Pub.
L. 106-113, div. B, Sec. 1000(a)(5), Nov. 29, 1999, 113
Stat. 1536, 1501A-299.)
399.37 Sec. 602. Duties and functions.
(a) Assistance to budget committees
It shall be the primary duty and function of the Office
to provide to the Committees on the Budget of both Houses
information which will assist such committees in the
discharge of all matters within their jurisdictions,
including (1) information with respect to the budget,
appropriation bills, and other bills authorizing or
providing new budget authority or tax expenditures, (2)
information with respect to revenues, receipts, estimated
future revenues and receipts, and changing revenue
conditions, and (3) such related information as such
Committee may request.
(b) Assistance to Committees on Appropriations, Ways and
Means, and Finance
At the request of the Committee on Appropriations of
either House, the Committee on Ways and Means of the House
of Representatives, or the Committee on Finance of the
Senate, the Office shall provide to such Committee any
information which will assist it in the discharge of matters
within its jurisdiction, including information described in
clauses (1) and (2) of subsection (a) of this section and
such related information as the Committee may request.
(c) Assistance to other committees and members
(1) At the request of any other committee of the House
of Representatives or the Senate or any joint committee of
the Congress, the Office shall provide to such committee or
joint committee any information compiled in carrying out
clauses (1) and (2) of subsection (a) of this section, and,
to the extent practicable, such additional information
related to the foregoing as may be requested.
(2) At the request of any committee of the Senate or the
House of Representatives, the Office shall, to the extent
practicable, consult with and assist such committee in
analyzing the budgetary or financial impact of any proposed
legislation that may have--
(A) a significant budgetary impact on State,
local, or tribal governments;
(B) a significant financial impact on the
private sector; or
(C) a significant employment impact on the
private sector.
(3) At the request of any Member of the House or Senate,
the Office shall provide to such Member any information
compiled in carrying out clauses (1) and (2) of subsection
(a) of this section, and, to the extent available, such
additional information related to the foregoing as may be
requested.
(d) Assignment of office personnel to committees and joint
committees
At the request of the Committee on the Budget of either
House, personnel of the Office shall be assigned, on a
temporary basis, to assist such committee. At the request of
any other committee of either House or any joint committee
of the Congress, personnel of the Office may be assigned, on
a temporary basis, to assist such committee or joint
committee with respect to matters directly related to the
applicable provisions of subsection (b) or (c) of this
section.
(e) Reports to budget committees
(1) On or before February 15 of each year, the Director
shall submit to the Committees on the Budget of the House of
Representatives and the Senate a report, for the fiscal year
commencing on October 1 of that year, with respect to fiscal
policy, including (A) alternative levels of total revenues,
total new budget authority, and total outlays (including
related surpluses and deficits), (B) the levels of tax
expenditures under existing law, taking into account
projected economic factors and any changes in such levels
based on proposals in the budget submitted by the President
for such fiscal year. Such report shall also include a
discussion of national budget priorities, including
alternative ways of allocating new budget authority and
budget outlays for such fiscal year among major programs or
functional categories, taking into account how such
alternative allocations will meet major national needs and
affect balanced growth and development of the United States,
and (C) a statement of the levels of budget authority and
outlays for each program assumed to be extended in the
baseline, as provided in section 257(b)(2)(A) and for excise
taxes assumed to be extended under section 257(b)(2)(C) of
the Balanced Budget and Emergency Deficit Control Act of
1985. Such report shall also include a discussion of
national budget priorities, including alternative ways of
allocating new budget authority and budget outlays for such
fiscal year among major programs or functional categories,
taking into account how such alternative allocations will
meet major national needs and affect balanced growth and
development of the United States.
(2) The Director shall from time to time submit to the
Committees on the Budget of the House of Representatives and
the Senate such further reports (including reports revising
the report required by paragraph (1)) as may be necessary or
appropriate to provide such Committees with information,
data, and analyses for the performance of their duties and
functions.
(3) On or before January 15 of each year, the Director,
after consultation with the appropriate committees of the
House of Representatives and Senate, shall submit to the
Congress a report listing (A) all programs and activities
funded during the fiscal year ending September 30 of that
calendar year for which authorizations for appropriations
have not been enacted for that fiscal year, and (B) all
programs and activities for which authorizations for
appropriations have been enacted for the fiscal year ending
September 30 of that calendar year, but for which no
authorizations for appropriations have been enacted for the
fiscal year beginning October 1 of that calendar year.
(f) Use of computers and other techniques
The Director may equip the Office with up-to-date
computer capability (upon approval of the Committee on House
Oversight of the House of Representatives and the Committee
on Rules and Administration of the Senate), obtain the
services of experts and consultants in computer technology,
and develop techniques for the evaluation of budgetary
requirements.
(g) Studies
(1) Continuing studies
The Director of the Congressional Budget
Office shall conduct continuing studies to
enhance comparisons of budget outlays, credit
authority, and tax expenditures.
(2) Federal mandate studies
(A) At the request of any Chairman or
ranking member of the minority of a Committee of
the Senate or the House of Representatives, the
Director shall, to the extent practicable,
conduct a study of a legislative proposal
containing a Federal mandate.
(B) In conducting a study on
intergovernmental mandates under subparagraph
(A), the Director shall--
(i) solicit and consider information or
comments from elected officials (including
their designated representatives) of State,
local, or tribal governments as may provide
helpful information or comments;
(ii) consider establishing advisory
panels of elected officials or their
designated representatives, of State, local,
or tribal governments if the Director
determines that such advisory panels would
be helpful in performing responsibilities of
the Director under this section; and
(iii) if, and to the extent that the
Director determines that accurate estimates
are reasonably feasible, include estimates
of--
(I) the future direct cost of
the Federal mandate to the extent
that such costs significantly differ
from or extend beyond the 5-year
period after the mandate is first
effective; and
(II) any disproportionate
budgetary effects of Federal
mandates upon particular industries
or sectors of the economy, States,
regions, and urban or rural or other
types of communities, as
appropriate.
(C) In conducting a study on private sector
mandates under subparagraph (A), the Director
shall provide estimates, if and to the extent
that the Director determines that such estimates
are reasonably feasible, of--
(i) future costs of Federal private
sector mandates to the extent that such
mandates differ significantly from or extend
beyond the 5-year time period referred to in
subparagraph (B)(iii)(I);
(ii) any disproportionate financial
effects of Federal private sector mandates
and of any Federal financial assistance in
the bill or joint resolution upon any
particular industries or sectors of the
economy, States, regions, and urban or rural
or other types of communities; and
(iii) the effect of Federal private
sector mandates in the bill or joint
resolution on the national economy,
including the effect on productivity,
economic growth, full employment, creation
of productive jobs, and international
competitiveness of United States goods and
services. (Pub. L. 93-344, Title II,
Sec. 202(a)-(e)(1), (f), (g), July 12, 1974,
88 Stat. 304, 305; Pub. L. 99-177, Title II,
Sec. 221, Dec. 12, 1985, 99 Stat. 1060; Pub.
L. 101-508, Title XIII, Sec. 13112(a)(3),
Nov. 5, 1990, 104 Stat. 1388-608; Pub. L.
104-4, Title I, Sec. 102(1), Mar. 22, 1995,
109 Stat. 60; Pub. L. 104-186, Title II,
Sec. 213, Aug. 20, 1996, 110 Stat. 1745;
Pub. L. 105-33, Title X, Sec. 10103, Aug. 5,
1997, 111 Stat. 678.)
399.38 Sec. 603. Public access to budget data.
(a) Right to copy
Except as provided in subsections (c) and (d) of this
section, the Director shall make all information, data,
estimates, and statistics obtained under section 601(d) and
(e) of this title available for public copying during normal
business hours, subject to reasonable rules and regulations,
and shall to the extent practicable, at the request of any
person, furnish a copy of any such information, data,
estimates, or statistics upon payment by such person of the
cost of making and furnishing such copy.
(b) Index
The Director shall develop and maintain filing, coding,
and indexing systems that identify the information, data,
estimates, and statistics to which subsection (a) of this
section applies and shall make such systems available for
public use during normal business hours.
(c) Exceptions
Subsection (a) of this section shall not apply to
information, data, estimates, and statistics--
(1) which are specifically exempted from
disclosure by law; or
(2) which the Director determines will
disclose--
(A) matters necessary to be kept secret
in the interests of national defense or the
confidential conduct of the foreign
relations of the United States;
(B) information relating to trade
secrets or financial or commercial
information pertaining specifically to a
given person if the information has been
obtained by the Government on a confidential
basis, other than through an application by
such person for a specific financial or
other benefit, and is required to be kept
secret in order to prevent undue injury to
the competitive position of such person; or
(C) personnel or medical data or similar
data the disclosure of which would
constitute a clearly unwarranted invasion of
personal privacy;
unless the portions containing such matters, information, or
data have been excised.
(d) Information obtained for committees and members
Subsection (a) of this section shall apply to any
information, data, estimates, and statistics obtained at the
request of any committee, joint committee, or Member unless
such committee, joint committee, or Member has instructed
the Director not to make such information, data, estimates,
or statistics available for public copying. (Pub. L. 93-344,
Title II, Sec. 203, July 12, 1974, 88 Stat. 305.)
Effective Date
Section effective on the day on which the first Director
of the Congressional Budget Office is appointed under
section 601(a) of this title, see section 905(b) of Pub. L.
93-344, set out as a note under section 621 of this title.
399.38a Sec. 604. Omitted.
Codification
Section, Pub. L. 94-440, Title V, Sec. 500, Oct. 1,
1976, 90 Stat. 1452, the Legislative Appropriation Act,
1977, which authorized the Congressional Budget Office to
contract without regard to section 5 of Title 41, Public
Contracts, applied to fiscal year 1977 and was not repeated
in subsequent appropriation acts.
399.38b Sec. 605. Sale or lease of property, supplies, or services.
(a) Any sale or lease of property, supplies, or services
to the Congressional Budget Office shall be deemed to be a
sale or lease to the Congress subject to section 903 of the
Supplemental Appropriations Act, 1983 (2 U.S.C. 111b).
(b) Subsection (a) shall apply with respect to fiscal
years beginning after September 30, 1996. (Pub. L. 104-197,
Title I, Sec. 104, Sept. 16, 1996, 110 Stat. 2404.)
Codification
Section was enacted as part of the appropriation act
cited as the credit to this section, and not as part of
title II of the Congressional Budget and Impoundment Control
Act of 1974 which comprises this chapter.
399.38c Sec. 606. Disposition of surplus or obsolete personal
property.
(a) The Director of the Congressional Budget Office
shall have the authority, within the limits of available
appropriations, to dispose of surplus or obsolete personal
property by inter-agency transfer, donation, or discarding.
(b) Subsection (a) shall apply with respect to fiscal
years beginning after September 30, 1996. (Pub. L. 104-197,
Title I, Sec. 105, Sept. 16, 1996, 110 Stat. 2404.)
Codification
Section was enacted as part of the appropriation act
cited as the credit to this section, and not as part of
title II of the Congressional Budget and Impoundment Control
Act of 1974 which comprises this chapter.
399.38d Sec. 607. Lump-sum payments to separated employees for
unused annual leave.
(a) The Director of the Congressional Budget Office
shall have the authority to make lump-sum payments to
separated employees of the Congressional Budget Office for
unused annual leave.
(b) Subsection (a) shall apply with respect to fiscal
years beginning after September 30, 1996. (Pub. L. 104-197,
Title I, Sec. 106, Sept. 16, 1996, 110 Stat. 2404.)
Codification
Section was enacted as part of the appropriation act
cited as the credit to this section, and not as part of
Title II of the Congressional Budget and Impoundment Control
Act of 1974 which comprises this chapter.
Chapter 17A.--CONGRESSIONAL BUDGET AND FISCAL OPERATIONS
399.39-1 Sec. 621. Congressional declaration of purpose.
The Congress declares that it is essential--
(1) to assure effective congressional
control over the budgetary process;
(2) to provide for the congressional
determination each year of the appropriate level
of Federal revenues and expenditures;
(3) to provide a system of impoundment
control;
(4) to establish national budget priorities;
and
(5) to provide for the furnishing of
information by the executive branch in a manner
that will assist the Congress in discharging its
duties. (Pub. L. 93-344, Sec. 2, July 12, 1974,
88 Stat. 298.)
Codification
This section was formerly classified to section 1301 of
title 31 prior to the general revision and enactment of
title 31, Money and Finance by Pub. L. 97-258, Sec. 1, Sept.
13, 1982, 96 Stat. 877.
399.39-2 Sec. 622. Definitions.
For purposes of this Act--
(1) The terms ``budget outlays'' and ``outlays'' mean,
with respect to any fiscal year, expenditures and net
lending of funds under budget authority during such year.
(2) Budget authority and new budget authority
(A) In general
The term ``budget authority'' means the
authority provided by Federal law to incur
financial obligations, as follows:
(i) provisions of law that make
funds available for obligation and
expenditure (other than borrowing
authority), including the authority
to obligate and expend the proceeds
of offsetting receipts and
collections;
(ii) borrowing authority, which
means authority granted to a Federal
entity to borrow and obligate and
expend the borrowed funds, including
through the issuance of promissory
notes or other monetary credits;
(iii) contract authority, which
means the making of funds available
for obligation but not for
expenditure; and
(iv) offsetting receipts and
collections as negative budget
authority, and the reduction thereof
as positive budget authority.
(B) Limitations on budget authority
With respect to the Federal Hospital
Insurance Trust Fund, the Supplementary
Medical Insurance Trust Fund, the
Unemployment Trust Fund, and the railroad
retirement account, any amount that is
precluded from obligation in a fiscal year
by a provision of law (such as a limitation
or a benefit formula) shall not be budget
authority in that year.
(C) New budget authority
The term ``new budget authority'' means,
with respect to a fiscal year--
(i) budget authority that first
becomes available for obligation in
that year, including budget
authority that becomes available in
that year's \1\ a result of a
reappropriation; or
\1\ So in original. Probably should be ``as''.
(ii) a change in any account in
the availability of unobligated
balances of budget authority carried
over from a prior year, resulting
from a provision of law first
effective in that year;
and includes a change in the estimated level of new budget
authority provided in indefinite amounts by existing law.
(3) The term ``tax expenditures'' means those revenue
losses attributable to provisions of the Federal tax laws
which allow a special exclusion, exemption, or deduction
from gross income or which provide a special credit, a
preferential rate of tax, or a deferral of tax liability;
and the term ``tax expenditures budget'' means an
enumeration of such tax expenditures.
(4) The term ``concurrent resolution on the budget''
means--
(A) a concurrent resolution setting forth
the congressional budget for the United States
Government for a fiscal year as provided in
section 632 of this title; and
(B) any other concurrent resolution revising
the congressional budget for the United States
Government for a fiscal year as described in
section 635 of this title.
(5) The term ``appropriation Act'' means an Act referred
to in section 105 of title 1.
(6) The term ``deficit'' means, with respect to a fiscal
year, the amount by which outlays exceeds receipts during
that year.
(7) The term ``surplus'' means, with respect to a fiscal
year, the amount by which receipts exceeds outlays during
that year.
(8) The term ``government-sponsored enterprise'' means a
corporate entity created by a law of the United States
that--
(A)(i) has a Federal charter authorized by
law;
(ii) is privately owned, as evidenced by
capital stock owned by private entities or
individuals;
(iii) is under the direction of a board of
directors, a majority of which is elected by
private owners;
(iv) is a financial institution with power
to--
(I) make loans or loan guarantees for
limited purposes such as to provide credit
for specific borrowers or one sector; and
(II) raise funds by borrowing (which
does not carry the full faith and credit of
the Federal Government) or to guarantee the
debt of others in unlimited amounts; and
(B)(i) does not exercise powers that are
reserved to the Government as sovereign (such as
the power to tax or to regulate interstate
commerce);
(ii) does not have the power to commit the
Government financially (but it may be a
recipient of a loan guarantee commitment made by
the Government); and
(iii) has employees whose salaries and
expenses are paid by the enterprise and are not
Federal employees subject to title 5 of the
United States Code.
(9) The term ``entitlement authority'' means--
(A) the authority to make payments
(including loans and grants), the budget
authority for which is not provided for in
advance by appropriation Acts, to any person or
government if, under the provisions of the law
containing that authority, the United States is
obligated to make such payments to persons or
governments who meet the requirements
established by that law; and
(B) the food stamp program.
(10) The term ``credit authority'' means authority to
incur direct loan obligations or to incur primary loan
guarantee commitments. (Pub. L. 93-344, Sec. 3, July 12,
1974, 88 Stat. 299; Aug. 1, 1946, ch. 724, Title I,
Sec. 302(c), as added Aug. 30, 1954, ch. 1073, Sec. 1, as
added Pub. L. 95-110, Sec. 1, Sept. 20, 1977, 91 Stat. 884;
Pub. L. 99-177, Title II, Sec. Sec. 201(a), 232(b), Dec. 12,
1985, 99 Stat. 1039, 1062; Pub. L. 99-514, Sec. 2, Oct. 22,
1986, 100 Stat. 2095; Pub. L. 100-119, Title I, Sec. 106(a),
Sept. 29, 1987, 101 Stat. 780; Pub. L. 100-203, Title VIII,
Sec. 8003(c), Dec. 22, 1987, 101 Stat. 1330-282; Pub. L.
101-508, Title XIII, Sec. Sec. 13112(a)(2), 13201(b)(1),
13211(a), Nov. 5, 1990, 104 Stat. 1388-607, Sec. Sec. 1388-
614, 1388-620; Pub. L. 102-486, Title IX, Sec. 902(a)(8),
Oct. 24, 1992, 106 Stat. 2944; Pub. L. 105-33, Title X,
Sec. 10101, Aug. 5, 1997, 111 Stat. 678.)
399.39-3 Sec. 623. Continuing study of additional budget reform
proposals.
(a) The Committees on the Budget of the House of
Representatives and the Senate shall study on a continuing
basis proposals designed to improve and facilitate methods
of congressional budgetmaking. The proposals to be studied
shall include, but are not limited to, proposals for--
(1) improving the information base required
for determining the effectiveness of new
programs by such means as pilot testing survey
research, and other experimental and analytical
techniques;
(2) improving analytical and systematic
evaluation of the effectiveness of existing
programs;
(3) establishing maximum and minimum time
limitations for program authorization; and
(4) developing techniques of human resource
accounting and other means of providing
noneconomic as well as economic evaluation
measures.
(b) The Committee on the Budget of each House shall,
from time to time, report to its House the results of the
study carried on by it under subsection (a) of this section,
together with its recommendations.
(c) Nothing in this section shall preclude studies to
improve the budgetary process by any other committee of the
House of Representatives or the Senate or any joint
committee of the Congress. (Pub. L. 93-344, Title VII,
Sec. 703, July 12, 1974, 88 Stat. 326.)
Subchapter I.--Congressional Budget Process
399.39-4 Sec. 631. Timetable.
The timetable with respect to the congressional budget
process for any fiscal year is as follows:
------------------------------------------------------------------------
On or before: Action to be completed:
------------------------------------------------------------------------
First Monday in February President submits his
budget.
February 15............. Congressional Budget
Office submits report
to Budget Committees.
Not later than 6 weeks Committees submit views
after President submits and estimates to Budget
Budget. Committees.
April 1................. Senate Budget Committee
reports concurrent
resolution on the
budget.
April 15................ Congress completes
action on concurrent
resolution on the
budget.
May 15.................. Annual appropriation
bills may be considered
in the House.
June 10................. House Appropriations
Committee reports last
annual appropriation
bill.
June 15................. Congress completes
action on
reconciliation
legislation.
June 30................. House completes action
on annual appropriation
bills.
October 1............... Fiscal year begins.
------------------------------------------------------------------------
(Pub. L. 93-344, Title III, Sec. 300, July 12, 1974, 88
Stat. 306; Pub. L. 99-177, Title II, Sec. 201(b), Dec. 12,
1985, 99 Stat. 1040; Pub. L. 101-508, Title XIII,
13112(a)(4), Nov. 5, 1990, 104 Stat. 1388-608; Pub. L. 105-
33, Title X, Sec. 10104(a), Aug. 5, 1997, 111 Stat. 679.)
399.39-5 Sec. 632. Annual adoption of concurrent resolution on the
budget.
(a) Content of concurrent resolution on the budget
On or before April 15 of each year, the Congress shall
complete action on a concurrent resolution on the budget for
the fiscal year beginning on October 1 of such year. The
concurrent resolution shall set forth appropriate levels for
the fiscal year beginning on October 1 of such year and for
at least each of the 4 ensuing fiscal years for the
following--
(1) totals of new budget authority and
outlays;
(2) total Federal revenues and the amount,
if any, by which the aggregate level of Federal
revenues should be increased or decreased by
bills and resolutions to be reported by the
appropriate committees;
(3) the surplus or deficit in the budget;
(4) new budget authority and outlays for
each major functional category, based on
allocations of the total levels set forth
pursuant to paragraph (1);
(5) the public debt;
(6) For \1\ purposes of Senate enforcement
under this subchapter, outlays of the old-age,
survivors, and disability insurance program
established under title II of the Social
Security Act [42 U.S.C. 401 et seq.] for the
fiscal year of the resolution and for each of
the 4 succeeding fiscal years; and
\1\ So in original. Probably should be ``for''.
(7) For \1\ purposes of Senate enforcement
under this subchapter, revenues of the old-age,
survivors, and disability insurance program
established under title II of the Social
Security Act (and the related provisions of
title 26) for the fiscal year of the resolution
and for each of the 4 succeeding fiscal years.
\1\ So in original. Probably should be ``for''.
The concurrent resolution shall not include the outlays and
revenue totals of the old age, survivors, and disability
insurance program established under title II of the Social
Security Act [42 U.S.C. 401 et seq.] or the related
provisions of title 26 in the surplus or deficit totals
required by this subsection or in any other surplus or
deficit totals required by this subchapter.
(b) Additional matters in concurrent resolution
The concurrent resolution on the budget may--
(1) set forth, if required by subsection (f)
of this section, the calendar year in which, in
the opinion of the Congress, the goals for
reducing unemployment set forth in section 4(b)
of the Employment Act of 1946 [15 U.S.C.
1022a(b)] should be achieved;
(2) include reconciliation directives
described in section 641 of this title;
(3) require a procedure under which all or
certain bills or resolutions providing new
budget authority or new entitlement authority
for such fiscal year shall not be enrolled until
the Congress has completed action on any
reconciliation bill or reconciliation resolution
or both required by such concurrent resolution
to be reported in accordance with section 641(b)
of this title;
(4) set forth such other matters, and
require such other procedures, relating to the
budget, as may be appropriate to carry out the
purposes of this Act;
(5) include a heading entitled ``Debt
Increase as Measure of Deficit'' in which the
concurrent resolution shall set forth the
amounts by which the debt subject to limit (in
section 3101 of title 31) has increased or would
increase in each of the relevant fiscal years;
(6) include a heading entitled ``Display of
Federal Retirement Trust Fund Balances'' in
which the concurrent resolution shall set forth
the balances of the Federal retirement trust
funds.
(7) set forth procedures in the Senate
whereby committee allocations, aggregates, and
other levels can be revised for legislation if
that legislation would not increase the deficit,
or would not increase the deficit when taken
with other legislation enacted after the
adoption of the resolution, for the first fiscal
year or the total period of fiscal years covered
by the resolution;
(8) set forth procedures to effectuate pay-
as-you-go in the House of Representatives; and
(9) set forth direct loan obligation and
primary loan guarantee commitment levels.
(c) Consideration of procedures or matters which have effect
of changing any rule of House
If the Committee on the Budget of the House of
Representatives reports any concurrent resolution on the
budget which includes any procedure or matter which has the
effect of changing any rule of the House of Representatives,
such concurrent resolution shall then be referred to the
Committee on Rules with instructions to report it within
five calendar days (not counting any day on which the House
is not in session). The Committee on Rules shall have
jurisdiction to report any concurrent resolution referred to
it under this paragraph with an amendment or amendments
changing or striking out any such procedure or matter.
(d) Views and estimates of other committees
Within 6 weeks after the President submits a budget
under section 1105(a) of title 31, or at such time as may be
requested by the Committee on the Budget, each committee of
the House of Representatives having legislative jurisdiction
shall submit to the Committee on the Budget of the House and
each committee of the Senate having legislative jurisdiction
shall submit to the Committee on the Budget of the Senate
its views and estimates (as determined by the committee
making such submission) with respect to all matters set
forth in subsections (a) and (b) of this section which
relate to matters within the jurisdiction or functions of
such committee. The Joint Economic Committee shall submit to
the Committees on the Budget of both Houses its
recommendations as to the fiscal policy appropriate to the
goals of the Employment Act of 1946 [15 U.S.C. 1021 et
seq.]. Any other committee of the House of Representatives
or the Senate may submit to the Committee on the Budget of
its House, and any joint committee of the Congress may
submit to the Committees on the Budget of both Houses, its
views and estimates with respect to all matters set forth in
subsections (a) and (b) of this section which relate to
matters within its jurisdiction or functions. Any Committee
of the House of Representatives or the Senate that
anticipates that the committee will consider any proposed
legislation establishing, amending, or reauthorizing any
Federal program likely to have a significant budgetary
impact on any State, local, or tribal government, or likely
to have a significant financial impact on the private
sector, including any legislative proposal submitted by the
executive branch likely to have such a budgetary or
financial impact, shall include its views and estimates on
that proposal to the Committee on the Budget of the
applicable House.
(e) Hearings and report
(1) In general
In developing the concurrent resolution on
the budget referred to in subsection (a) of this
section for each fiscal year, the Committee on
the Budget of each House shall hold hearings and
shall receive testimony from Members of Congress
and such appropriate representatives of Federal
departments and agencies, the general public,
and national organizations as the committee
deems desirable. Each of the recommendations as
to short-term and medium-term goals set forth in
the report submitted by the members of the Joint
Economic Committee under subsection (d) of this
section may be considered by the Committee on
the Budget of each House as part of its
consideration of such concurrent resolution, and
its report may reflect its views thereon,
including its views on how the estimates of
revenues and levels of budget authority and
outlays set forth in such concurrent resolution
are designed to achieve any goals it is
recommending.
(2) Required contents of report
The report accompanying the resolution shall include--
(A) a comparison of the levels of total new
budget authority, total outlays, total revenues,
and the surplus or deficit for each fiscal year
set forth in the resolution with those requested
in the budget submitted by the President;
(B) with respect to each major functional
category, an estimate of total new budget
authority and total outlays, with the estimates
divided between discretionary and mandatory
amounts;
(C) the economic assumptions that underlie
each of the matters set forth in the resolution
and any alternative economic assumptions and
objectives the committee considered;
(D) information, data, and comparisons
indicating the manner in which, and the basis on
which, the committee determined each of the
matters set forth in the resolution;
(E) the estimated levels of tax expenditures
(the tax expenditures budget) by major items and
functional categories for the President's budget
and in the resolution; and
(F) allocations described in section 633(a)
of this title.
(3) Additional contents of report
The report accompanying the resolution may include--
(A) a statement of any significant changes
in the proposed levels of Federal assistance to
State and local governments;
(B) an allocation of the level of Federal
revenues recommended in the resolution among the
major sources of such revenues;
(C) information, data, and comparisons on
the share of total Federal budget outlays and of
gross domestic product devoted to investment in
the budget submitted by the President and in the
resolution;
(D) the assumed levels of budget authority
and outlays for public buildings, with a
division between amounts for construction and
repair and for rental payments; and
(E) other matters, relating to the budget
and to fiscal policy, that the committee deems
appropriate.
(f) Achievement of goals for reducing unemployment
(1) If, pursuant to section 4(c) of the Employment Act
of 1946 [15 U.S.C. 1022a(c)], the President recommends in
the Economic Report that the goals for reducing unemployment
set forth in section 4(b) of such Act [15 U.S.C. 1022a(b)]
be achieved in a year after the close of the five-year
period prescribed by such subsection, the concurrent
resolution on the budget for the fiscal year beginning after
the date on which such Economic Report is received by the
Congress may set forth the year in which, in the opinion of
the Congress, such goals can be achieved.
(2) After the Congress has expressed its opinion
pursuant to paragraph (1) as to the year in which the goals
for reducing unemployment set forth in section 4(b) of the
Employment Act of 1946 [15 U.S.C. 1022a(b)] can be achieved,
if, pursuant to section 4(e) of such Act [15 U.S.C.
1022a(e)], the President recommends in the Economic Report
that such goals be achieved in a year which is different
from the year in which the Congress has expressed its
opinion that such goals should be achieved, either in its
action pursuant to paragraph (1) or in its most recent
action pursuant to this paragraph, the concurrent resolution
on the budget for the fiscal year beginning after the date
on which such Economic Report is received by the Congress
may set forth the year in which, in the opinion of the
Congress, such goals can be achieved.
(3) It shall be in order to amend the provision of such
resolution setting forth such year only if the amendment
thereto also proposes to alter the estimates, amounts, and
levels (as described in subsection (a) of this section) set
forth in such resolution in germane fashion in order to be
consistent with the economic goals (as described in sections
3(a)(2) and 4(b) of the Employment Act of 1946 [15 U.S.C.
1022(a)(2), 1022a(b)]) which such amendment proposes can be
achieved by the year specified in such amendment.
(g) Economic assumptions
(1) It shall not be in order in the Senate to consider
any concurrent resolution on the budget for a fiscal year,
or any amendment thereto, or any conference report thereon,
that sets forth amounts and levels that are determined on
the basis of more than one set of economic and technical
assumptions.
(2) The joint explanatory statement accompanying a
conference report on a concurrent resolution on the budget
shall set forth the common economic assumptions upon which
such joint statement and conference report are based, or
upon which any amendment contained in the joint explanatory
statement to be proposed by the conferees in the case of
technical disagreement, is based.
(3) Subject to periodic reestimation based on changed
economic conditions or technical estimates, determinations
under titles III and IV of the Congressional Budget Act of
1974 shall be based upon such common economic and technical
assumptions.
(h) Budget Committee's consultation with committees
The Committee on the Budget of the House of
Representatives shall consult with the committees of its
House having legislative jurisdiction during the
preparation, consideration, and enforcement of the
concurrent resolution on the budget with respect to all
matters which relate to the jurisdiction or functions of
such committees.
(i) Social security point of order
It shall not be in order in the Senate to consider any
concurrent resolution on the budget (or amendment, motion,
or conference report on the resolution) that would decrease
the excess of social security revenues over social security
outlays in any of the fiscal years covered by the concurrent
resolution. No change in chapter 1 of the Internal Revenue
Code of 1986 shall be treated as affecting the amount of
social security revenues unless such provision changes the
income tax treatment of social security benefits. (Pub. L.
93-344, Title III, Sec. 301, July 12, 1974, 88 Stat. 306;
Pub. L. 95-523, Title III, Sec. Sec. 303(a), 304, Oct. 27,
1978, 92 Stat. 1905, 1906; Pub. L. 99-177, Title II,
Sec. 201(b), Dec. 12, 1985, 99 Stat. 1040; Pub. L. 100-119,
Title I, Sec. 106(d), Title II, Sec. 208(a), Sept. 29, 1987,
101 Stat. 781, 786; Pub. L. 100-418, Title V, Sec. 5302,
Aug. 23, 1988, 102 Stat. 1462; Pub. L. 101-508, Title XIII,
Sec. 13112(a)(5), 13203, 13204, 13301(b), 13303(a), (b),
Nov. 5, 1990, 104 Stat. 1388-608, 1388-615, 1388-616, 1388-
623, 1388-625; Pub. L. 104-4, Title I, Sec. 102(2), Mar. 22,
1995, 109 Stat. 62; Pub. L. 105-33, Title X, Sec. 10105(a)-
(f)(1), Aug. 5, 1997, 111 Stat. 679.)
399.39-6 Sec. 633. Committee allocations.
(a) Committee spending allocations
(1) Allocation among committees
The joint explanatory statement accompanying
a conference report on a concurrent resolution
on the budget shall include an allocation,
consistent with the resolution recommended in
the conference report, of the levels for the
first fiscal year of the resolution, for at
least each of the ensuing 4 fiscal years, and a
total for that period of fiscal years (except in
the case of the Committee on Appropriations only
for the fiscal year of that resolution) of--
(A) total new budget authority; and
(B) total outlays;
among each committee of the House of Representatives or the
Senate that has jurisdiction over legislation providing or
creating such amounts.
(2) No double counting
In the House of Representatives, any item
allocated to one committee may not be allocated
to another committee.
(3) Further division of amounts
(A) In the Senate
In the Senate, the amount allocated to
the Committee on Appropriations shall be
further divided among the categories
specified in section 250(c)(4) of the
Balanced Budget and Emergency Deficit
Control Act of 1985 [2 U.S.C. 900(c)(4)] and
shall not exceed the limits for each
category set forth in section 251(c) of that
Act [2 U.S.C. 901(c)].
(B) In the House
In the House of Representatives, the
amounts allocated to each committee for each
fiscal year, other than the Committee on
Appropriations, shall be further divided
between amounts provided or required by law
on the date of filing of that conference
report and amounts not so provided or
required. The amounts allocated to the
Committee on Appropriations shall be further
divided--
(i) between discretionary and mandatory
amounts or programs, as appropriate; and
(ii) consistent with the categories
specified in section 250(c)(4) of the
Balanced Budget and Emergency Deficit
Control Act of 1985 [2 U.S.C. 900(c)(4)].
(4) Amounts not allocated
In the House of Representatives or the
Senate, if a committee receives no allocation of
new budget authority or outlays, that committee
shall be deemed to have received an allocation
equal to zero for new budget authority or
outlays.
(5) Adjusting allocation of discretionary spending in
the House of Representatives
(A) If a concurrent resolution on the budget
is not adopted by April 15, the chairman of the
Committee on the Budget of the House of
Representatives shall submit to the House, as
soon as practicable, an allocation under
paragraph (1) to the Committee on Appropriations
consistent with the discretionary spending
levels in the most recently agreed to concurrent
resolution on the budget for the appropriate
fiscal year covered by that resolution.
(B) As soon as practicable after an
allocation under paragraph (1) is submitted
under this section, the Committee on
Appropriations shall make suballocations and
report those suballocations to the House of
Representatives.
(b) Suballocations by Appropriations Committees
As soon as practicable after a concurrent resolution on
the budget is agreed to, the Committee on Appropriations of
each House (after consulting with the Committee on
Appropriations of the other House) shall suballocate each
amount allocated to it for the budget year under subsection
(a) of this section among its subcommittees. Each Committee
on Appropriations shall promptly report to its House
suballocations made or revised under this subsection. The
Committee on Appropriations of the House of Representatives
shall further divide among its subcommittees the divisions
made under subsection (a)(3)(B) of this section and promptly
report those divisions to the House.
(c) Point of order
After the Committee on Appropriations has received an
allocation pursuant to subsection (a) of this section for a
fiscal year, it shall not be in order in the House of
Representatives or the Senate to consider any bill, joint
resolution, amendment, motion, or conference report within
the jurisdiction of that committee providing new budget
authority for that fiscal year, until that committee makes
the suballocations required by subsection (b) of this
section.
(d) Subsequent concurrent resolutions
In the case of a concurrent resolution on the budget
referred to in section 635 of this title, the allocations
under subsection (a) of this section and the subdivisions
under subsection (b) of this section shall be required only
to the extent necessary to take into account revisions made
in the most recently agreed to concurrent resolution on the
budget.
(e) Alteration of allocations
At any time after a committee reports the allocations
required to be made under subsection (b) of this section,
such committee may report to its House an alteration of such
allocations. Any alteration of such allocations must be
consistent with any actions already taken by its House on
legislation within the committee's jurisdiction.
(f) Legislation subject to point of order
(1) In the House of Representatives
After the Congress has completed action on a
concurrent resolution on the budget for a fiscal
year, it shall not be in order in the House of
Representatives to consider any bill, joint
resolution, or amendment providing new budget
authority for any fiscal year, or any conference
report on any such bill or joint resolution,
if--
(A) the enactment of such bill or
resolution as reported;
(B) the adoption and enactment of such
amendment; or
(C) the enactment of such bill or
resolution in the form recommended in such
conference report,
would cause the applicable allocation of new budget
authority made under subsection (a) or (b) of this section
for the first fiscal year or the total of fiscal years to be
exceeded.
(2) In the Senate
After a concurrent resolution on the budget
is agreed to, it shall not be in order in the
Senate to consider any bill, joint resolution,
amendment, motion, or conference report that
would cause--
(A) in the case of any committee except
the Committee on Appropriations, the
applicable allocation of new budget
authority or outlays under subsection (a) of
this section for the first fiscal year or
the total of fiscal years to be exceeded; or
(B) in the case of the Committee on
Appropriations, the applicable suballocation
of new budget authority or outlays under
subsection (b) of this section to be
exceeded.
(g) Pay-as-you-go exception in the House
(1) In general
(A) Subsection (f)(1) of this section and,
after April 15, section 634(a) of this title
shall not apply to any bill or joint resolution,
as reported, amendment thereto, or conference
report thereon if, for each fiscal year covered
by the most recently agreed to concurrent
resolution on the budget--
(i) the enactment of that bill or
resolution as reported;
(ii) the adoption and enactment of that
amendment; or
(iii) the enactment of that bill or
resolution in the form recommended in that
conference report,
would not increase the deficit, and, if the sum of any
revenue increases provided in legislation already enacted
during the current session (when added to revenue increases,
if any, in excess of any outlay increase provided by the
legislation proposed for consideration) is at least as great
as the sum of the amount, if any, by which the aggregate
level of Federal revenues should be increased as set forth
in that concurrent resolution and the amount, if any, by
which revenues are to be increased pursuant to pay-as-you-go
procedures under section 632(b)(8) of this title, if
included in that concurrent resolution.
(B) Section 642(a) of this title, as that
section applies to revenues, shall not apply to
any bill, joint resolution, amendment thereto,
or conference report thereon if, for each fiscal
year covered by the most recently agreed to
concurrent resolution on the budget--
(i) the enactment of that bill or
resolution as reported;
(ii) the adoption and enactment of that
amendment; or
(iii) the enactment of that bill or
resolution in the form recommended in that
conference report,
would not increase the deficit, and, if the sum of any
outlay reductions provided in legislation already enacted
during the current session (when added to outlay reductions,
if any, in excess of any revenue reduction provided by the
legislation proposed for consideration) is at least as great
as the sum of the amount, if any, by which the aggregate
level of Federal outlays should be reduced as required by
that concurrent resolution and the amount, if any, by which
outlays are to be reduced pursuant to pay-as-you-go
procedures under section 632(b)(8) of this title, if
included in that concurrent resolution.
(2) Revised allocations
(A) As soon as practicable after Congress
agrees to a bill or joint resolution that would
have been subject to a point of order under
subsection (f)(1) of this section but for the
exception provided in paragraph (1)(A) or would
have been subject to a point of order under
section 642(a) of this title but for the
exception provided in paragraph (1)(B), the
chairman of the committee on the Budget of the
House of Representatives shall file with the
House appropriately revised allocations under
section 633(a) of this title and revised
functional levels and budget aggregates to
reflect that bill.
(B) Such revised allocations, functional
levels, and budget aggregates shall be
considered for the purposes of this Act as
allocations, functional levels, and budget
aggregates contained in the most recently agreed
to concurrent resolution on the budget. (Pub. L.
93-344, Title III, Sec. 302, July 12, 1974, 88
Stat. 308; Pub. L. 99-177, Title II,
Sec. 201(b), Dec. 12, 1985, 99 Stat. 1044; Pub.
L. 101-508, Title XIII, Sec. Sec. 13112(a)(6),
(7), 13201(b)(2), (3), 13207(a)(1)(A), (B), (2),
13303(c), Nov. 5, 1990, 104 Stat. 1388-608,
1388-614, 1388-617, 1388-618, 1388-625; Pub. L.
105-33, Title X, Sec. 10106, Aug. 5, 1997, 111
Stat. 680.)
399.39-7 Sec. 634. Concurrent resolution on the budget must be
adopted before budget-related legislation is considered.
(a) In general
Until the concurrent resolution on the budget for a
fiscal year has been agreed to, it shall not be in order in
the House of Representatives, with respect to the first
fiscal year covered by that resolution, or the Senate, with
respect to any fiscal year covered by that resolution, to
consider any bill or joint resolution, amendment or motion
thereto, or conference report thereon that--
(1) first provides new budget authority for
that fiscal year;
(2) first provides an increase or decrease
in revenues during that fiscal year;
(3) provides an increase or decrease in the
public debt limit to become effective during
that fiscal year;
(4) in the Senate only, first provides new
entitlement authority for that fiscal year; or
(5) in the Senate only, first provides for
an increase or decrease in outlays for that
fiscal year.
(b) Exceptions in the House
In the House of Representatives, subsection (a) of this
section does not apply--
(1)(A) to any bill or joint resolution, as
reported, providing advance discretionary new
budget authority that first becomes available
for the first or second fiscal year after the
budget year; or
(B) to any bill or joint resolution, as
reported, first increasing or decreasing
revenues in a fiscal year following the fiscal
year to which the concurrent resolution applies;
(2) after May 15, to any general
appropriation bill or amendment thereto; or
(3) to any bill or joint resolution unless
it is reported by a committee.
(c) Application to appropriation measures in the Senate
(1) In general
Until the concurrent resolution on the
budget for a fiscal year has been agreed to and
an allocation has been made to the Committee on
Appropriations of the Senate under section
633(a) of this title for that year, it shall not
be in order in the Senate to consider any
appropriation bill or joint resolution,
amendment or motion thereto, or conference
report thereon for that year or any subsequent
year.
(2) Exception
Paragraph (1) does not apply to
appropriations legislation making advance
appropriations for the first or second fiscal
year after the year the allocation referred to
in that paragraph is made. (Pub. L. 93-344,
Title III, Sec. 303, July 12, 1974, 88 Stat.
309; Pub. L. 99-177, Title II, Sec. 201(b), Dec.
12, 1985, 99 Stat. 1046; Pub. L. 101-508, Title
XIII, Sec. Sec. 13205, 13207(a)(1)(C), Nov. 5,
1990, 104 Stat. 1388-616, 1388-617; Pub. L. 105-
33, Title X, Sec. 10107(a), Aug. 5, 1997, 111
Stat. 683.)
399.39-8 Sec. 635. Permissible revisions of concurrent resolutions on
the budget.
At any time after the concurrent resolution on the
budget for a fiscal year has been agreed to pursuant to
section 632 of this title, and before the end of such fiscal
year, the two Houses may adopt a concurrent resolution on
the budget which revises or reaffirms the concurrent
resolution on the budget for such fiscal year most recently
agreed to. (Pub. L. 93-344, Title III, Sec. 304, July 12,
1974, 88 Stat. 310; Pub. L. 99-177, Title II, Sec. 201(b),
Dec. 12, 1985, 99 Stat. 1047; Pub. L. 100-119, Title II,
Sec. 208(b), Sept. 29, 1987, 101 Stat. 786; Pub. L. 101-508,
Title XIII, Sec. 13112(a)(8), Nov. 5, 1990, 104 Stat. 1388-
608; Pub. L. 105-33, Title X, Sec. 10108, Aug. 5, 1997, 111
Stat. 684.)
399.39-9 Sec. 636. Provisions relating to consideration of concurrent
resolutions on the budget.
(a) Procedure in House after report of Committee; debate
(1) When a concurrent resolution on the budget has been
reported by the Committee on the Budget of the House of
Representatives and has been referred to the appropriate
calendar of the House, it shall be in order on any day
thereafter, subject to clause 2(l)(6) of rule XI of the
Rules of the House of Representatives, to move to proceed to
the consideration of the concurrent resolution. The motion
is highly privileged and is not debatable. 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.
(2) General debate on any concurrent resolution on the
budget in the House of Representatives shall be limited to
not more than 10 hours, which shall be divided equally
between the majority and minority parties, plus such
additional hours of debate as are consumed pursuant to
paragraph (3). A motion further to limit debate is not
debatable. A motion to recommit the concurrent resolution is
not in order, and it is not in order to move to reconsider
the vote by which the concurrent resolution is agreed to or
disagreed to.
(3) Following the presentation of opening statements on
the concurrent resolution on the budget for a fiscal year by
the chairman and ranking minority member of the Committee on
the Budget of the House, there shall be a period of up to
four hours for debate on economic goals and policies.
(4) Only if a concurrent resolution on the budget
reported by the Committee on the Budget of the House sets
forth the economic goals (as described in sections
1022(a)(2) and 1022a(b) of title 15) which the estimates,
amounts, and levels (as described in section 632(a) of this
title) set forth in such resolution are designed to achieve,
shall it be in order to offer to such resolution an
amendment relating to such goals, and such amendment shall
be in order only if it also proposes to alter such
estimates, amounts, and levels in germane fashion in order
to be consistent with the goals proposed in such amendment.
(5) Consideration of any concurrent resolution on the
budget by the House of Representatives shall be in the
Committee of the Whole, and the resolution shall be
considered for amendment under the five-minute rule in
accordance with the applicable provisions of rule XXIII \1\
of the Rules of the House of Representatives. After the
Committee rises and reports the resolution back to the
House, the previous question shall be considered as ordered
on the resolution and any amendments thereto to final
passage without intervening motion; except that it shall be
in order at any time prior to final passage (notwithstanding
any other rule or provision of law) to adopt an amendment
(or a series of amendments) changing any figure or figures
in the resolution as so reported to the extent necessary to
achieve mathematical consistency.
\1\ Recodified at the beginning of the 106th Congress as
rule XVIII.
(6) Debate in the House of Representatives on the
conference report on any concurrent resolution on the budget
shall be limited to not more than 5 hours, which shall be
divided equally between the majority and minority parties. A
motion further to limit debate is not debatable. A motion to
recommit the conference report is not in order, and it is
not in order to move to reconsider the vote by which the
conference report is agreed to or disagreed to.
(7) Appeals from decisions of the Chair relating to the
application of the Rules of the House of Representatives to
the procedure relating to any concurrent resolution on the
budget shall be decided without debate.
(b) Procedure in Senate after report of Committee; debate;
amendments
(1) Debate in the Senate on any concurrent resolution on
the budget, and all amendments thereto and debatable motions
and appeals in connection therewith, shall be limited to not
more than 50 hours, except that with respect to any
concurrent resolution referred to in section 635(a) of this
title all such debate shall be limited to not more than 15
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
concurrent resolution on the budget shall be limited to 2
hours, to be equally divided between, and controlled by, the
mover and the manager of the concurrent resolution, and
debate on any amendment to an amendment, debatable motion,
or appeal shall be limited to 1 hour, to be equally divided
between, and controlled by, the mover and the manager of the
concurrent resolution, except that in the event the manager
of the concurrent 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 such
concurrent resolution shall be received. Such leaders, or
either of them, may, from the time under their control on
the passage of the concurrent resolution, allot additional
time to any Senator during the consideration of any
amendment, debatable motion, or appeal.
(3) Following the presentation of opening statements on
the concurrent resolution on the budget for a fiscal year by
the chairman and ranking minority member of the Committee on
the Budget of the Senate, there shall be a period of up to
four hours for debate on economic goals and policies.
(4) Subject to the other limitations of this Act, only
if a concurrent resolution on the budget reported by the
Committee on the Budget of the Senate sets forth the
economic goals (as described in sections 1022(a)(2) and
1022a(b) of title 15) which the estimates, amounts, and
levels (as described in section 632(a) of this title) set
forth in such resolution are designed to achieve, shall it
be in order to offer to such resolution an amendment
relating to such goals, and such amendment shall be in order
only if it also proposes to alter such estimates, amounts,
and levels in germane fashion in order to be consistent with
the goals proposed in such amendment.
(5) A motion to further limit debate is not debatable. 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 1 hour, to be
equally divided between, and controlled by, the mover and
the manager of the concurrent resolution.
(6) Notwithstanding any other rule, an amendment or
series of amendments to a concurrent resolution on the
budget proposed in the Senate shall always be in order if
such amendment or series of amendments proposes to change
any figure or figures then contained in such concurrent
resolution so as to make such concurrent resolution
mathematically consistent or so as to maintain such
consistency.
(c) Action on conference reports in Senate
(1) A motion to proceed to the consideration of the
conference report on any concurrent resolution on the budget
(or a reconciliation bill or resolution) may be made even
though a previous motion to the same effect has been
disagreed to.
(2) During the consideration in the Senate of the
conference report (or a message between Houses) on any
concurrent resolution on the budget, and all amendments in
disagreement, and all amendments thereto, and debatable
motions and appeals in connection therewith, debate shall be
limited to 10 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 (or a message between
Houses) shall be limited to 1 hour, to be equally divided
between, and controlled by, the mover and the manager of the
conference report.
(3) Should the conference report be defeated, debate on
any request for a new conference and the appointment of
conferees shall be limited to 1 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 one-half hour, 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.
(4) 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.
(d) Concurrent resolution must be consistent in Senate
It shall not be in order in the Senate to vote on the
question of agreeing to--
(1) a concurrent resolution on the budget
unless the figures then contained in such
resolution are mathematically consistent; or
(2) a conference report on a concurrent
resolution on the budget unless the figures
contained in such resolution, as recommended in
such conference report, are mathematically
consistent. (Pub. L. 93-344, Title III,
Sec. 305, July 12, 1974, 88 Stat. 310; Pub. L.
95-523, Title III, Sec. 303(b), (c), Oct. 27,
1978, 92 Stat. 1905, 1906; Pub. L. 99-177, Title
II, Sec. 201(b), Dec. 12, 1985, 99 Stat. 1047;
Pub. L. 100-119, Title II, Sec. 209, Sept. 29,
1987, 101 Stat. 787; Pub. L. 100-203 Title VIII,
Sec. 8003(d), Dec. 22, 1987, 101 Stat. 1330-282;
Pub. L. 101-508, Title XIII, Sec. 13209,
13210(1), Nov. 5, 1990, 104 Stat. 1388-619,
1388-620; Pub. L. 105-33, Title X,
Sec. 10109(a), Aug. 5, 1997, 111 Stat. 684.)
399.39-10 Sec. 637. Legislation dealing with Congressional budget must
be handled by Budget Committees
No bill, resolution, amendment, motion, or conference
report, dealing with any matter which is within the
jurisdiction of the committee on the Budget of either House
shall be considered in that House unless it is a bill or
resolution which has been reported by the Committee on the
Budget of that House (or from the consideration of which
such committee has been discharged) or unless it is an
amendment to such a bill or resolution. (Pub. L. 93-344,
Title III, Sec. 306, July 12, 1974, 88 Stat. 313; Pub. L.
99-177, Title II, Sec. 201(b), Dec. 12, 1985, 99 Stat. 1050;
Pub. L. 101-508, Title XIII, Sec. 13207(a)(1)(D), Nov. 5,
1990, 104 Stat. 1388-617.)
399.39-11 Sec. 638. House committee action on all appropriation bills
to be completed by June 10.
On or before June 10 of each year, the Committee on
Appropriations of the House of Representatives shall report
annual appropriation bills providing new budget authority
under the jurisdiction of all of its subcommittees for the
fiscal year which begins on October 1 of that year. (Pub. L.
93-344, Title III, Sec. 307, July 12, 1974, 88 Stat. 313;
Pub. L. 99-177, Title II, Sec. 201(b), Dec. 12, 1985, 99
Stat. 1051.)
399.39-12 Sec. 639. Reports, summaries, and projections of
Congressional budget actions.
(a) Reports on legislation providing new budget authority or
providing increase or decrease in revenues or tax
expenditures
(1) Whenever a committee of either House reports to its
House a bill or joint resolution, or committee amendment
thereto, providing new budget authority (other than
continuing appropriations) or providing an increase or
decrease in revenues or tax expenditures for a fiscal year
(or fiscal years), the report accompanying that bill or
joint resolution shall contain a statement, or the committee
shall make available such a statement in the case of an
approved committee amendment which is not reported to its
House, prepared after consultation with the Director of the
Congressional Budget Office--
(A) comparing the levels in such measure to
the appropriate allocations in the reports
submitted under section 633(b) of this title for
the most recently agreed to concurrent
resolution on the budget for such fiscal year
(or fiscal years);
(B) containing a projection by the
Congressional Budget Office of how such measure
will affect the levels of such budget authority,
budget outlays, revenues, or tax expenditures
under existing law for such fiscal year (or
fiscal years) and each of the four ensuing
fiscal years, if timely submitted before such
report is filed; and
(C) containing an estimate by the
Congressional Budget Office of the level of new
budget authority for assistance to State and
local governments provided by such measure, if
timely submitted before such report is filed.
(2) Whenever a conference report is filed in either
House and such conference report or any amendment reported
in disagreement or any amendment contained in the joint
statement of managers to be proposed by the conferees in the
case of technical disagreement on such bill or joint
resolution provides new budget authority (other than
continuing appropriations) or provides an increase or
decrease in revenues for a fiscal year (or fiscal years),
the statement of managers accompanying such conference
report shall contain the information described in paragraph
(1), if available on a timely basis. If such information is
not available when the conference report is filed, the
committee shall make such information available to Members
as soon as practicable prior to the consideration of such
conference report.
(b) Up-to-date tabulations of Congressional budget action
(1) The Director of the Congressional Budget Office
shall issue to the committees of the House of
Representatives and the Senate reports on at least a monthly
basis detailing and tabulating the progress of congressional
action on bills and joint resolutions providing new budget
authority or providing an increase or decrease in revenues
or tax expenditures for each fiscal year covered by a
concurrent resolution on the budget. Such reports shall
include but are not limited to an up-to-date tabulation
comparing the appropriate aggregate and functional levels
(including outlays) included in the most recently adopted
concurrent resolution on the budget with the levels provided
in bills and joint resolutions reported by committees or
adopted by either House or by the Congress, and with the
levels provided by law for the fiscal year preceding the
first fiscal year covered by the appropriate concurrent
resolution.
(2) The Committee on the Budget of each House shall make
available to Members of its House summary budget
scorekeeping reports. Such reports--
(A) shall be made available on at least a
monthly basis, but in any case frequently enough
to provide Members of each House an accurate
representation of the current status of
congressional consideration of the budget;
(B) shall include, but are not limited to,
summaries of tabulations provided under
subsection (b)(1) of this section; and
(C) shall be based on information provided
under subsection (b)(1) of this section without
substantive revision.
The chairman of the Committee on the Budget of the House of
Representatives shall submit such reports to the Speaker.
(c) Five-year projection of Congressional budget action
As soon as practicable after the beginning of each
fiscal year, the Director of the Congressional Budget Office
shall issue a report projecting for the period of 5 fiscal
years beginning with such fiscal year--
(1) total new budget authority and total
budget outlays for each fiscal year in such
period;
(2) revenues to be received and the major
sources thereof, and the surplus or deficit, if
any, for each fiscal year in such period;
(3) tax expenditures for each fiscal year in
such period; and
(4) entitlement authority for each fiscal
year in such period. (Pub. L. 93-444, Title III,
Sec. 308, July 12, 1974, 88 Stat. 31-313; Pub.
L. 99-177, Title II, Sec. 201(b), Dec. 12, 1985,
99 Stat. 1051; Pub. L. 101-508, Title XIII,
Sec. 13206, Nov. 5, 1990, 104 Stat. 1388-617;
Pub. L. 105-33, Title X, Sec. 10110, Aug. 5,
1997, 111 Stat. 685.)
399.39-13 Sec. 640. House approval of regular appropriation bills.
It shall not be in order in the House of Representatives
to consider any resolution providing for an adjournment
period of more than three calendar days during the month of
July until the House of Representatives has approved annual
appropriation bills providing new budget authority under the
jurisdiction of all the subcommittees of the Committee on
Appropriations for the fiscal year beginning on October 1 of
such year. For purposes of this section, the chairman of the
Committee on Appropriations of the House of Representatives
shall periodically advise the Speaker as to changes in
jurisdiction among its various subcommittees. (Pub. L. 93-
344, Title III, Sec. 309, July 12, 1974, 88 Stat. 314; Pub.
L. 99-177, Title II, Sec. 201(b), Dec. 12, 1985, 99 Stat.
1052.)
399.39-14 Sec. 641. Reconciliation.
(a) Inclusion of reconciliation directives in concurrent
resolutions on the budget.
A concurrent resolution on the budget for any fiscal
year, to the extent necessary to effectuate the provisions
and requirements of such resolution, shall--
(1) specify the total amount by which--
(A) new budget authority for such fiscal
year;
(B) budget authority initially provided
for prior fiscal years;
(C) new entitlement authority which is
to become effective during such fiscal year;
and--
(D) credit authority for such fiscal
year, contained in laws, bills, and
resolutions within the jurisdiction of a
committee, is to be changed and direct that
committee to determine and recommend changes
to accomplish a change of such total amount;
(2) specify the total amount by which
revenues are to be changed and direct that the
committees having jurisdiction to determine and
recommend changes in the revenue laws, bills,
and resolutions to accomplish a change of such
total amount;
(3) specify the amounts by which the
statutory limit on the public debt is to be
changed and direct the committee having
jurisdiction to recommend such change; or
(4) specify and direct any combination of
the matters described in paragraphs (1), (2),
and (3) (including a direction to achieve
deficit reduction).
(b) Legislative procedure
If a concurrent resolution containing directives to one
or more committees to determine and recommend changes in
laws, bills, or resolutions is agreed to in accordance with
subsection (a) of this section, and--
(1) only one committee of the House or the
Senate is directed to determine and recommend
changes, that committee shall promptly make such
determination and recommendations and report to
its House reconciliation legislation containing
such recommendations; or
(2) more than one committee of the House or
the Senate is directed to determine and
recommend changes, each such committee so
directed shall promptly make such determination
and recommendations and submit such
recommendations to the Committee on the Budget
of its House, which, upon receiving all such
recommendations, shall report to its House
reconciliation legislation carrying out all such
recommendations without any substantive
revision.
For purposes of this subsection, a reconciliation resolution
is a concurrent resolution directing the Clerk of the House
of Representatives or the Secretary of the Senate, as the
case may be, to make specified changes in bills and
resolutions which have not been enrolled.
(c) Compliance with reconciliation directions
(1) Any committee of the House of Representatives or the
Senate that is directed, pursuant to a concurrent resolution
on the budget, to determine and recommend changes of the
type described in paragraphs (1) and (2) of subsection (a)
of this section with respect to laws within its
jurisdiction, shall be deemed to have complied with such
directions--
(A) if--
(i) the amount of the changes of the
type described in paragraph (1) of such
subsection recommended by such committee do
not exceed or fall below the amount of the
changes such committee was directed by such
concurrent resolution to recommend under
such paragraph by more than
(I) in the Senate, 20 percent of
the total of the amounts of the
changes such committee was directed
to make under paragraphs (1) and (2)
of such subsection; or
(II) in the House of
Representatives, 20 percent of the
sum of the absolute value of the
changes the committee was directed
to make under paragraph (1) and the
absolute value of the changes the
committee was directed to make under
paragraph (2); and
(ii) the amount of the changes of the
type described in paragraph (2) of such
subsection recommended by such committee do
not exceed or fall below the amount of the
changes such committee was directed by such
concurrent resolution to recommend under
that paragraph by more than
(I) in the Senate, 20 percent of
the total of the amounts of the
changes such committee was directed
to make under paragraphs (1) and (2)
of such subsection; or
(II) in the House of
Representatives, 20 percent of the
sum of the absolute value of the
changes the committee was directed
to make under paragraph (1) and the
absolute value of the changes the
committee was directed to make under
paragraph (2); and
(B) if the total amount of the changes
recommended by such committee is not less than
the total of the amounts of the changes such
committee was directed to make under paragraphs
(1) and (2) of such subsection.
(2)(A) Upon the reporting to the Committee on the Budget
of the Senate of a recommendation that shall be deemed to
have complied with such directions solely by virtue of this
subsection, the chairman of that committee may file with the
Senate appropriately revised allocations under section
633(a) of this title and revised functional levels and
aggregates to carry out this subsection.
(B) Upon the submission to the Senate of a conference
report recommending a reconciliation bill or resolution in
which a committee shall be deemed to have complied with such
directions solely by virtue of this subsection, the chairman
of the Committee on the Budget of the Senate may file with
the Senate appropriately revised allocations under section
633(a) of this title and revised functional levels and
aggregates to carry out this subsection.
(C) Allocations, functional levels, and aggregates
revised pursuant to this paragraph shall be considered to be
allocations, functional levels, and aggregates contained in
the concurrent resolution on the budget pursuant to section
632 of this title.
(D) Upon the filing of revised allocations pursuant to
this paragraph, the reporting committee shall report revised
allocations pursuant to section 633(b) of this title to
carry out this subsection.
(d) Limitation on amendments to reconciliation bills and
resolutions
(1) It shall not be in order in the House of
Representatives to consider any amendment to a
reconciliation bill or reconciliation resolution if such
amendment would have the effect of increasing any specific
budget outlays above the level of such outlays provided in
the bill or resolution (for the fiscal years covered by the
reconciliation instructions set forth in the most recently
agreed to concurrent resolution on the budget), or would
have the effect of reducing any specific Federal revenues
below the level of such revenues provided in the bill or
resolution (for such fiscal years), unless such amendment
makes at least an equivalent reduction in other specific
budget outlays, an equivalent increase in other specific
Federal revenues, or an equivalent combination thereof (for
such fiscal years), except that a motion to strike a
provision providing new budget authority or new entitlement
authority may be in order.
(2) It shall not be in order in the Senate to consider
any amendment to a reconciliation bill or reconciliation
resolution if such amendment would have the effect of
decreasing any specific budget outlay reductions below the
level of such outlay reductions provided (for the fiscal
years covered) in the reconciliation instructions which
relate to such bill or resolution set forth in a resolution
providing for reconciliation, or would have the effect of
reducing Federal revenue increases below the level of such
revenue increases provided (for such fiscal years) in such
instructions relating to such bill or resolution, unless
such amendment makes a reduction in other specific budget
outlays, an increase in other specific Federal revenues, or
a combination thereof (for such fiscal years) at least
equivalent to any increase in outlays or decrease in
revenues provided by such amendment, except that a motion to
strike a provision shall always be in order.
(3) Paragraphs (1) and (2) shall not apply if a
declaration of war by the Congress is in effect.
(4) For purposes of this section, the levels of budget
outlays and Federal revenues for a fiscal year shall be
determined on the basis of estimates made by the Committee
on the Budget of the House of Representatives or of the
Senate, as the case may be.
(5) The Committee on Rules of the House of
Representatives may make in order amendments to achieve
changes specified by reconciliation directives contained in
a concurrent resolution on the budget if a committee or
committees of the House fail to submit recommended changes
to its Committee on the Budget pursuant to its instruction.
(e) Procedure in Senate
(1) Except as provided in paragraph (2), the provisions
of section 636 of this title for the consideration in the
Senate of concurrent resolutions on the budget and
conference reports thereon shall also apply to the
consideration in the Senate of reconciliation bills reported
under subsection (b) of this section and conference reports
thereon.
(2) Debate in the Senate on any reconciliation bill
reported under subsection (b) of this section, and all
amendments thereto and debatable motions and appeals in
connection therewith, shall be limited to not more than 20
hours.
(f) Completion of reconciliation process
It shall not be in order in the House of Representatives
to consider any resolution providing for an adjournment
period of more than three calendar days during the month of
July until the House of Representatives has completed action
on the reconciliation legislation for the fiscal year
beginning on October 1 of the calendar year to which the
adjournment resolution pertains, if reconciliation
legislation is required to be reported by the concurrent
resolution on the budget for such fiscal year.
(g) Limitation on changes to Social Security Act
Notwithstanding any other provision of law, it shall not
be in order in the Senate or the House of Representatives to
consider any reconciliation bill or reconciliation
resolution reported pursuant to a concurrent resolution on
the budget agreed to under section 632 or 635 of this title,
or a joint resolution pursuant to section 907d of this
title, or any amendment thereto or conference report
thereon, that contains recommendations with respect to the
old-age, survivors, and disability insurance program
established under Title II of the Social Security Act [42
U.S.C. 401 et seq.]. (Pub. L. 93-344, Title III, Sec. 310,
July 12, 1974, 88 Stat. 315; Pub. L. 99-177, Title II,
Sec. 201(b), Dec. 12, 1985, 99 Stat. 1053; Pub. L. 101-508,
Title XIII, Sec. Sec. 13112(a)(9), 13207(c), (d), 13210(2),
Nov. 5, 1990, 104 Stat. 1388-608, 1388-618, 1388-619, 1388-
620; Pub. L. 105-33, Title X, Sec. 10111, Aug. 5, 1997, 111
Stat. 685.)
399.39-15 Sec. 642. Budget-related legislation must be within
appropriate levels.
(a) Enforcement of budget aggregates
(1) In the House of Representatives
Except as provided by subsection (c) of this
section, after the Congress has completed action
on a concurrent resolution on the budget for a
fiscal year, it shall not be in order in the
House of Representatives to consider any bill,
joint resolution, amendment, motion, or
conference report providing new budget authority
or reducing revenues, if--
(A) the enactment of that bill or
resolution as reported;
(B) the adoption and enactment of that
amendment; or
(C) the enactment of that bill or
resolution in the form recommended in that
conference report;
would cause the level of total new budget authority or total
outlays set forth in the applicable concurrent resolution on
the budget for the first fiscal year to be exceeded, or
would cause revenues to be less than the level of total
revenues set forth in that concurrent resolution for the
first fiscal year or for the total of that first fiscal year
and the ensuing fiscal years for which allocations are
provided under section 633(a) of this title, except when a
declaration of war by the Congress is in effect.
(2) In the Senate
After a concurrent resolution on the budget
is agreed to, it shall not be in order in the
Senate to consider any bill, joint resolution,
amendment, motion, or conference report that--
(A) would cause the level of total new
budget authority or total outlays set forth
for the first fiscal year in the applicable
resolution to be exceeded; or
(B) would cause revenues to be less than
the level of total revenues set forth for
that first fiscal year or for the total of
that first fiscal year and the ensuing
fiscal years in the applicable resolution
for which allocations are provided under
section 633(a) of this title.
(3) Enforcement of social security levels in the Senate
After a concurrent resolution on the budget
is agreed to, it shall not be in order in the
Senate to consider any bill, joint resolution,
amendment, motion, or conference report that
would cause a decrease in social security
surpluses or an increase in social security
deficits relative to the levels set forth in the
applicable resolution for the first fiscal year
or for the total of that fiscal year and the
ensuing fiscal years for which allocations are
provided under section 633(a) of this title.
(b) Social security levels
(1) In general
For purposes of subsection (a)(3) of this
section, social security surpluses equal the
excess of social security revenues over social
security outlays in a fiscal year or years with
such an excess and social security deficits
equal the excess of social security outlays over
social security revenues in a fiscal year or
years with such an excess.
(2) Tax treatment
For purposes of subsection (a)(3) of this
section, no provision of any legislation
involving a change in chapter I of the Internal
Revenue Code of 1986 shall be treated as
affecting the amount of social security revenues
or outlays unless that provision changes the
income tax treatment of social security
benefits.
(c) Exception in the House of Representatives
Subsection (a)(1) of this section shall not apply in the
House of Representatives to any bill, joint resolution, or
amendment that provides new budget authority for a fiscal
year or to any conference report on any such bill or
resolution, if--
(1) the enactment of that bill or resolution
as reported;
(2) the adoption and enactment of that
amendment; or
(3) the enactment of that bill or resolution
in the form recommended in that conference
report;
would not cause the appropriate allocation of new budget
authority made pursuant to section 633(a) of this title for
that fiscal year to be exceeded. (Pub. L. 93-344, Title III,
Sec. 311, July 12, 1974, 88 Stat. 316; Pub. L. 99-177, Title
II, Sec. 201(b), Dec. 12, 1985, 99 Stat. 1055; Pub. L. 100-
119, Title I, Sec. 106(e)(1), Sept. 29, 1987, 101 Stat. 781;
Pub. L. 101-508, Title XIII, Sec. Sec. 13112(a)(10),
13207(a)(1)(E), 13303(d), Nov. 5, 1990, 104 Stat. 1388-608,
1388-617, 1388-626; Pub. L. 105-33, Title X, Sec. 10112(a),
Aug. 5, 1997, 111 Stat. 686.)
399.39-15a Sec. 643. Determinations and points of order.
(a) Budget Committee determinations
For purposes of this subchapter and subchapter II of
this chapter, the levels of new budget authority, outlays,
direct spending, new entitlement authority, and revenues for
a fiscal year shall be determined on the basis of estimates
made by the Committee on the Budget of the House of
Representatives or the Senate, as applicable.
(b) Discretionary spending point of order in the Senate
(1) In general
Except as otherwise provided in this
subsection, it shall not be in order in the
Senate to consider any bill or resolution (or
amendment, motion, or conference report on that
bill or resolution) that would exceed any of the
discretionary spending limits in section 901(c)
of this title.
(2) Exceptions
This subsection shall not apply if a
declaration of war by the Congress is in effect
or if a joint resolution pursuant to section
907a of this title has been enacted.
(c) Maximum deficit amount point of order in the Senate
It shall not be in order in the Senate to consider any
concurrent resolution on the budget for a fiscal year, or to
consider any amendment to that concurrent resolution, or to
consider a conference report on that concurrent resolution,
if--
(1) the level of total outlays for the first
fiscal year set forth in that concurrent
resolution or conference report exceeds; or
(2) the adoption of that amendment would
result in a level of total outlays for that
fiscal year that exceeds;
the recommended level of Federal revenues for that fiscal
year, by an amount that is greater than the maximum deficit
amount, if any, specified in the Balanced Budget and
Emergency Deficit Control Act of 1985 for that fiscal year.
(d) Timing of points of order in the Senate
A point of order under this Act may not be raised
against a bill, resolution, amendment, motion, or conference
report while an amendment or motion, the adoption of which
would remedy the violation of this Act, is pending before
the Senate.
(e) Points of order in the Senate against amendments between
the Houses
Each provision of this Act that establishes a point of
order against an amendment also establishes a point of order
in the Senate against an amendment between the Houses. If a
point of order under this Act is raised in the Senate
against an amendment between the Houses and the point of
order is sustained, the effect shall be the same as if the
Senate had disagreed to the amendment.
(f) Effect of a point of order in the Senate
In the Senate, if a point of order under this Act
against a bill or resolution is sustained, the Presiding
Officer shall then recommit the bill or resolution to the
committee of appropriate jurisdiction for further
consideration. (Pub. L. 93-344, Title III, Sec. 312, as
added Pub. L. 101-508, Title XIII, Sec. 13207(b)(1), Nov. 5,
1990, 104 Stat. 1388-618, and amended Pub. L. 105-33, Title
X, Sec. 10113(a), Aug. 5, 1997, 111 Stat. 687.)
399.39-15b Sec. 644. Extraneous matter in reconciliation legislation.
(a) In general
When the Senate is considering a reconciliation bill or
a reconciliation resolution pursuant to section 641 of this
title (whether that bill or resolution originated in the
Senate or the House) or section 907d of this title, upon a
point of order being made by any Senator against material
extraneous to the instructions to a committee which is
contained in any title or provision of the bill or
resolution or offered as an amendment to the bill or
resolution, and the point of order is sustained by the
Chair, any part of said title or provision that contains
material extraneous to the instructions to said Committee as
defined in subsection (b) of this section shall be deemed
stricken from the bill and may not be offered as an
amendment from the floor.
(b) Extraneous provisions
(1)(A) Except as provided in paragraph (2), a provision
of a reconciliation bill or reconciliation resolution
considered pursuant to section 641 of this title shall be
considered extraneous if such provision does not produce a
change in outlays or revenues, including changes in outlays
and revenues brought about by changes in the terms and
conditions under which outlays are made or revenues are
required to be collected (but a provision in which outlay
decreases or revenue increases exactly offset outlay
increases or revenue decreases shall not be considered
extraneous by virtue of this subparagraph);
(B) any provision producing an increase in outlays or
decrease in revenues shall be considered extraneous if the
net effect of provisions reported by the Committee reporting
the title containing the provision is that the Committee
fails to achieve its reconciliation instructions;
(C) a provision that is not in the jurisdiction of the
Committee with jurisdiction over said title or provision
shall be considered extraneous;
(D) a provision shall be considered extraneous if it
produces changes in outlays or revenues which are merely
incidental to the non-budgetary components of the provision;
(E) a provision shall be considered to be extraneous if
it increases, or would increase, net outlays, or if it
decreases, or would decrease, revenues during a fiscal year
after the fiscal years covered by such reconciliation bill
or reconciliation resolution, and such increases or
decreases are greater than outlay reductions or revenue
increases resulting from other provisions in such title in
such year; and
(F) a provision shall be considered extraneous if it
violates section 641(g) of this title.
(2) A Senate-originated provision shall not be
considered extraneous under paragraph (1)(A) if the Chairman
and Ranking Minority Member of the Committee on the Budget
and the Chairman and Ranking Minority Member of the
Committee which reported the provision certify that:
(A) the provision mitigates the direct
effects clearly attributable to a provision
changing outlays or revenues and both provisions
together produce a net reduction in the deficit;
(B) the provision will result in a
substantial reduction in outlays or a
substantial increase in revenues during fiscal
years after the fiscal years covered by the
reconciliation bill or reconciliation
resolution;
(C) a reduction of outlays or an increase in
revenues is likely to occur as a result of the
provision, in the event of new regulations
authorized by the provision or likely to be
proposed, court rulings on pending litigation,
or relationships between economic indices and
stipulated statutory triggers pertaining to the
provision, other than the regulations, court
rulings or relationships currently projected by
the Congressional Budget Office for scorekeeping
purposes; or
(D) such provision will be likely to produce
a significant reduction in outlays or increase
in revenues but, due to insufficient data, such
reduction or increase cannot be reliably
estimated.
(3) A provision reported by a committee shall not be
considered extraneous under paragraph (1)(C) if (A) the
provision is an integral part of a provision or title, which
if introduced as a bill or resolution would be referred to
such committee, and the provision sets forth the procedure
to carry out or implement the substantive provisions that
were reported and which fall within the jurisdiction of such
committee; or (B) the provision states an exception to, or a
special application of, the general provision or title of
which it is a part and such general provision or title if
introduced as a bill or resolution would be referred to such
committee.
(c) Extraneous materials
Upon the reporting or discharge of a reconciliation bill
or resolution pursuant to section 641 of this title in the
Senate, and again upon the submission of a conference report
on such a reconciliation bill or resolution, the Committee
on the Budget of the Senate shall submit for the record a
list of material considered to be extraneous under
subsections (b)(1)(A), (b)(1)(B), and (b)(1)(E) of this
section to the instructions of a committee as provided in
this section. The inclusion or exclusion of a provision
shall not constitute a determination of extraneousness by
the Presiding Officer of the Senate.
(d) Conference reports
When the Senate is considering a conference report on,
or an amendment between the Houses in relation to, a
reconciliation bill or reconciliation resolution pursuant to
section 641 of this title, upon--
(1) a point of order being made by any
Senator against extraneous material meeting the
definition of subsections (b)(1)(A), (b)(1)(B),
(b)(1)(D), (b)(l)(E), or (b)(l)(F) of this
section, and
(2) such point of order being sustained,
such material contained in such conference report or
amendment shall be deemed stricken, and the Senate shall
proceed, without intervening action or motion, to consider
the question of whether the Senate shall recede from its
amendment and concur with a further amendment, or concur in
the House amendment with a further amendment, as the case
may be, which further amendment shall consist of only that
portion of the conference report or House amendment, as the
case may be, not so stricken. Any such motion in the Senate
shall be debatable for two hours. In any case in which such
point of order is sustained against a conference report (or
Senate amendment derived from such conference report by
operation of this subsection), no further amendment shall be
in order.
(e) General point of order
Notwithstanding any other law or rule of the Senate, it
shall be in order for a Senator to raise a single point of
order that several provisions of a bill, resolution,
amendment, motion, or conference report violate this
section. The Presiding Officer may sustain the point of
order as to some or all of the provisions against which the
Senator raised the point of order. If the Presiding Officer
so sustains the point of order as to some of the provisions
(including provisions of an amendment, motion, or conference
report) against which the Senator raised the point of order,
then only those provisions (including provisions of an
amendment, motion, or conference report) against which the
Presiding Officer sustains the point of order shall be
deemed stricken pursuant to this section. Before the
Presiding Officer rules on such a point of order, any
Senator may move to waive such a point of order as it
applies to some or all of the provisions against which the
point of order was raised. Such a motion to waive is
amendable in accordance with the rules and precedents of the
Senate. After the Presiding Officer rules on such a point of
order, any Senator may appeal the ruling of the Presiding
Officer on such a point of order as it applies to some or
all of the provisions on which the Presiding Officer ruled.
(Pub. L. 93-344, Title III, Sec. 313, as added and amended
Pub. L. 101-508, Title XIII, Sec. 13214(a)-(b)(4), Nov. 5,
1990, 104 Stat. 1388-621, 1388-622; Pub. L. 105-33, Title X,
Sec. 10113(b)(1), Aug. 5, 1997, 111 Stat. 688.)
399.39-15c Sec. 645. Adjustments.
(a) Adjustments
(1) In general
After the reporting of a bill or joint
resolution, the offering of an amendment
thereto, or the submission of a conference
report thereon, the chairman of the Committee on
the Budget of the House of Representatives or
the Senate shall make the adjustments set forth
in paragraph (2) for the amount of new budget
authority in that measure (if that measure meets
the requirements set forth in subsection (b) of
this section) and the outlays flowing from that
budget authority.
(2) Matters to be adjusted
The adjustments referred to in paragraph (1)
are to be made to--
(A) the discretionary spending limits,
if any, set forth in the appropriate
concurrent resolution on the budget;
(B) the allocations made pursuant to the
appropriate concurrent resolution on the
budget pursuant to section 633(a) of this
title; and
(C) the budgetary aggregates as set
forth in the appropriate concurrent
resolution on the budget.
(b) Amounts of adjustments
The adjustment referred to in subsection (a) of this
section shall be--
(1) an amount provided and designated as an
emergency requirement pursuant to section
901(b)(2)(A) or 902(e) of this title;
(2) an amount provided for continuing
disability reviews subject to the limitations in
section 901(b)(2)(C) of this title;
(3) for any fiscal year through 2002, an
amount provided that is the dollar equivalent of
the Special Drawing Rights with respect to--
(A) an increase in the United States
quota as part of the International Monetary
Fund Eleventh General Review of Quotas
(United States Quota); or
(B) any increase in the maximum amount
available to the Secretary of the Treasury
pursuant to section 17 of the Bretton Woods
Agreements Act, as amended from time to time
(New Arrangements to Borrow);
(4) an amount provided not to exceed
$1,884,000,000 for the period of fiscal years
1998 through 2000 for arrearages for
international organizations, international
peacekeeping, and multilateral development
banks;
(5) an amount provided for an earned income
tax credit compliance initiative but not to
exceed--
(A) with respect to fiscal year 1998,
$138,000,000 in new budget authority;
(B) with respect to fiscal year 1999,
$143,000,000 in new budget authority;
(C) with respect to fiscal year 2000,
$144,000,000 in new budget authority;
(D) with respect to fiscal year 2001,
$145,000,000 in new budget authority; and
(E) with respect to fiscal year 2002,
$146,000,000 in new budget authority; or
(6) in the case of an amount for adoption
incentive payments (as defined in section
901(b)(2)(G) of this title) for fiscal year
1999, 2000, 2001, 2002, or 2003 for the
Department of Health and Human Services, an
amount not to exceed $20,000,000.
(c) Application of adjustments
The adjustments made pursuant to subsection (a) of this
section for legislation shall--
(1) apply while that legislation is under
consideration;
(2) take effect upon the enactment of that
legislation; and
(3) be published in the Congressional Record
as soon as practicable.
(d) Reporting revised suballocations
Following any adjustment made under subsection (a) of
this section, the Committees on Appropriations of the Senate
and the House of Representatives may report appropriately
revised suballocations under section 633(b) of this title to
carry out this section.
(e) Definitions for CDRs
As used in subsection (b)(2) of this section--
(1) the term ``continuing disability
reviews'' shall have the same meaning as
provided in section 901(b)(2)(C)(ii) of this
title; and
(2) the term ``new budget authority'' shall
have the same meaning as the term ``additional
new budget authority'' and the term ``out lays''
shall have the same meaning as ``additional
outlays'' in that section. (Pub. L. 934-344,
Title III, Sec. 314, as added Pub. L. 105-33,
Title X, Sec. 10114(a), Aug. 5, 1997, 111 Stat.
688, and amended Pub. L. 105-89, Title II,
Sec. 201(b)(2), Nov. 19, 1997, 111 Stat. 2125.)
399.39-15d Sec. 645a. Effect of adoption of a special order of business
in the House of Representatives.
For purposes of a reported bill or joint resolution
considered in the House of Representatives pursuant to a
special order of business, the term ``as reported'' in this
subchapter or subchapter II of this chapter shall be
considered to refer to the text made in order as an original
bill or joint resolution for the purpose of amendment or to
the text on which the previous question is ordered directly
to passage, as the case may be. (Pub. L. 93-344, Title III,
Sec. 315, as added Pub. L. 105-33, Title X, Sec. 10115(a),
Aug. 5, 1997, 111 Stat. 690.)
Subchapter II.--Fiscal Procedures
Part A.--General Provisions
399.39-16 Sec. 651. Budget-related legislation not subject to
appropriations.
(a) Controls on certain budget-related legislation not
subject to appropriations
It shall not be in order in either the House of
Representatives or the Senate to consider any bill or joint
resolution (in the House of Representatives only, as
reported), amendment, motion, or conference report that
provides--
(1) new authority to enter into contracts
under which the United States is obligated to
make outlays;
(2) new authority to incur indebtedness
(other than indebtedness incurred under chapter
31 of title 31 of the United States Code) for
the repayment of which the United States is
liable; or
(3) new credit authority;
unless that bill, joint resolution, amendment, motion, or
conference report also provides that the new authority is to
be effective for any fiscal year only to the extent or in
the amounts provided in advance in appropriation Acts.
(b) Legislation providing new entitlement authority
(1) Point of order
It shall not be in order in either the House
of Representatives or the Senate to consider any
bill or joint resolution (in the House of
Representatives only, as reported), amendment,
motion, or conference report that provides new
entitlement authority that is to become
effective during the current fiscal year.
(2) If any committee of the House of Representatives or
the Senate reports any bill or resolution which provides new
entitlement authority which is to become effective during a
fiscal year and the amount of new budget authority which
will be required for such fiscal year if such bill or
resolution is enacted as so reported exceeds the appropriate
allocation of new budget authority reported under section
633(b) of this title in connection with the most recently
agreed to concurrent resolution on the budget for such
fiscal year, such bill or resolution shall then be referred
to the Committee on Appropriations of the Senate or may then
be referred to the Committee on Appropriations of the House,
as the case may be, with instructions to report it, with the
committee's recommendations, within 15 calendar days (not
counting any day on which that House is not in session)
beginning with the day following the day on which it is so
referred. If the Committee on Appropriations of either House
fails to report a bill or resolution referred to it under
this paragraph within such 15-day period, the committee
shall automatically be discharged from further consideration
of such bill or resolution and such bill or resolution shall
be placed on the appropriate calendar.
(3) The Committee on Appropriations of each House shall
have jurisdiction to report any bill or resolution referred
to it under paragraph (2) with an amendment which limits the
total amount of new spending authority provided in such bill
or resolution.
(c) Exceptions
(1) Subsections (a) and (b) of this section shall not
apply to new authority described in those subsections if
outlays from that new authority will flow--
(A) from a trust fund established by the
Social Security Act (as in effect on July 12,
1974) [42 U.S.C. 301 et seq.]; or
(B) from any other trust fund, 90 percent or
more of the receipts of which consist or will
consist of amounts (transferred from the general
fund of the Treasury) equivalent to amounts of
taxes (related to the purposes for which such
outlays are or will be made) received in the
Treasury under specified provisions of the
Internal Revenue Code of 1986 [26 U.S.C. 1 et
seq.].
(2) Subsections (a) and (b) of this section shall not
apply to new authority described in those subsections to the
extent that--
(A) the outlays resulting therefrom are made
by an organization which is (i) a mixed-
ownership Government corporation (as defined in
section 9101(2) of title 31), or (ii) a wholly
owned Government corporation (as defined in
section 9101(3) of title 31) which is
specifically exempted by law from compliance
with any or all of the provisions of chapter 91
of title 31, as of December 12, 1985; or
(B) the outlays resulting therefrom consist
exclusively of the proceeds of gifts or bequests
made to the United States for a specific
purpose. (Pub. L. 93-344, Title IV, Sec. 401,
July 12 1974, 88 Stat. 317; Pub. L. 99-177,
Title II, Sec. 211, Dec. 12, 1985, 99 Stat.
Sec. 1056; Pub. L. 99-514, Sec. 2, Oct. 22,
1986, 100 Stat. 2095; Pub. L. 101-508, Title
XIII, Sec. 13207(a)(1)(F), (G), Nov, 5, 1990,
104 Stat. 1388-617, 1388-618; Pub. L. 105-33,
Title X, Sec. 10116(a)(1)-(5), Aug. 5, 1997, 111
Stat. 690.)
399.39-17 Sec. 652. Repealed. Pub. L. 105-33, Title X, Sec. 10116(b),
Aug. 5, 1997, 111 Stat. 692.
Section, Pub. L. 93-344, Title IV, Sec. 402, July 12,
1974, 88 Stat. 318; Pub. L. 99-177, Title II, Sec. 212, Dec.
12, 1985, 99 Stat. 1058; Pub. L. 101-508, Title XIII,
Sec. 13207(a)(1)(H), Nov. 5, 1990, 104 Stat. 1388-618,
related to legislation providing new credit authority.
399.39-18 Sec. 653. Analysis by Congressional Budget Office.
The Director of the Congressional Budget Office shall,
to the extent practicable, prepare for each bill or
resolution of a public character reported by any committee
of the House of Representatives or the Senate (except the
Committee on Appropriations of each House), and submit to
such committee--
(1) an estimate of the costs which would be
incurred in carrying out such bill or resolution
in the fiscal year in which it is to become
effective and in each of the 4 fiscal years
following such fiscal year, together with the
basis for each such estimate;
(2) a comparison of the estimates of costs
described in paragraph (1) with any available
estimates of costs made by such committee or by
any Federal agency; and
(3) a description of each method for
establishing a Federal financial commitment
contained in such bill or resolution.
The estimates, comparison, and description so submitted
shall be included in the report accompanying such bill or
resolution if timely submitted to such committee before such
report is filed. (Pub. L. 93-344, Title IV, Sec. 402,
formerly Sec. 403, July 12, 1974, 88 Stat. 320; Pub. L. 97-
108, Sec. 2(a), Dec. 23, 1981, 95 Stat. 1510; Pub. L. 99-
177, Title II, Sec. 213, Dec. 12, 1985, 99 Stat. 1059; Pub.
L. 104-4, Title I, Sec. 104, Mar. 22, 1995, 109 Stat. 62;
renumbered Sec. 402, Pub. L. 105-33, Title X,
Sec. 10116(c)(1), Aug. 5, 1997, 111 Stat. 692.)
399.39-19 Sec. 654. Study by General Accounting Office of forms of
Federal financial commitment not reviewed annually by
Congress.
The General Accounting Office shall study those
provisions of law which provide mandatory spending and
report to the Congress its recommendations for the
appropriate form of financing for activities or programs
financed by such provisions not later than eighteen months
after December 12, 1985. Such report shall be revised from
time to time. (Pub. L. 93-344, Title IV, Sec. 404, formerly
Sec. 405, as added, Pub. L. 99-177, Title II, Sec. 214, Dec.
12, 1985, 99 Stat. 1059; renumbered Sec. 404 and amended
Pub. L. 105-33, Title X, Sec. 10116(c)(1), (2), Aug. 5,
1997, 111 Stat. 692.)
399.39-20 Sec. 655. Off-budget agencies, programs, and activities.
(a) Notwithstanding any other provision of law, budget
authority, credit authority, and estimates of outlays and
receipts for activities of the Federal budget which are off-
budget immediately prior to December 12, 1985, not including
activities of the Federal Old-Age and Survivors Insurance
and Federal Disability Insurance Trust Funds, shall be
included in a budget submitted pursuant to section 1105 of
title 31 and in a concurrent resolution on the budget
reported pursuant to section 632 or section 635 of this
title and shall be considered, for purposes of this Act,
budget authority, outlays, and spending authority in
accordance with definitions set forth in this Act.
(b) All receipts and disbursements of the Federal
Financing Bank with respect to any obligations which are
issued, sold, or guaranteed by a Federal agency shall be
treated as a means of financing such agency for purposes of
section 1105 of title 31 and for purposes of this Act. (Pub.
L. 93-344, Title IV, Sec. 405, formerly Sec. 406, as added
Pub. L. 99-177, Title II, Sec. 214, Dec. 12, 1985, 99 Stat.
1059, renumbered Sec. 405, Pub. L. 105-33, Title X,
Sec. 10116(c)(1), Aug. 5, 1997, 111 Stat. 692.)
399.39-20a Sec. 656. Member User Group.
The Speaker of the House of Representatives, after
consulting with the Minority Leader of the House, may
appoint a Member User Group for the purpose of reviewing
budgetary scorekeeping rules and practices of the House and
advising the Speaker from time to time on the effect and
impact of such rules and practices. (Pub. L. 93-344, Title
IV, Sec. 406, formerly Sec. 407, as added Pub. L. 99-177,
Title II, Sec. 214, Dec. 12, 1985, 99 Stat. 1060, renumbered
Sec. 406, Pub. L. 105-33, Title X, Sec. 10116(c)(1), Aug. 5,
1997, 111 Stat. 692.)
Part B.--Federal Mandates
399.39-21 Sec. 658. Definitions.
For purposes of this part:
(1) Agency
The term ``agency'' has the same meaning as
defined in section 551(1) of title 5, but does
not include independent regulatory agencies.
(2) Amount
The term ``amount'', with respect to an
authorization of appropriations for Federal
financial assistance, means the amount of budget
authority for any Federal grant assistance
program or any Federal program providing loan
guarantees or direct loans.
(3) Direct costs
The term ``direct costs''--
(A)(i) in the case of a Federal
intergovernmental mandate, means the
aggregate estimated amounts that all State,
local, and tribal governments would be
required to spend or would be prohibited
from raising in revenues in order to comply
with the Federal intergovernmental mandate;
or
(ii) in the case of a provision referred
to in paragraph (5)(A)(ii), means the amount
of Federal financial assistance eliminated
or reduced;
(B) in the case of a Federal private
sector mandate, means the aggregate
estimated amounts that the private sector
will be required to spend in order to comply
with the Federal private sector mandate;
(C) shall be determined on the
assumption that--
(i) State, local, and tribal
governments, and the private sector
will take all reasonable steps
necessary to mitigate the costs
resulting from the Federal mandate,
and will comply with applicable
standards of practice and conduct
established by recognized
professional or trade associations;
and
(ii) reasonable steps to
mitigate the costs shall not include
increases in State, local, or tribal
taxes or fees; and
(D) shall not include--
(i) estimated amounts that the
State, local, and tribal governments
(in the case of a Federal
intergovernmental mandate) or the
private sector (in the case of a
Federal private sector mandate)
would spend--
(I) to comply with or
carry out all applicable
Federal, State, local, and
tribal laws and regulations
in effect at the time of the
adoption of the Federal
mandate for the same
activity as is affected by
that Federal mandate; or
(II) to comply with or
carry out State, local, and
tribal governmental
programs, or private-sector
business or other activities
in effect at the time of the
adoption of the Federal
mandate for the same
activity as is affected by
that mandate; or
(ii) expenditures to the extent
that such expenditures will be
offset by any direct savings to the
State, local, and tribal
governments, or by the private
sector, as a result of--
(I) compliance with the
Federal mandate; or
(II) other changes in
Federal law or regulation
that are enacted or adopted
in the same bill or joint
resolution or proposed or
final Federal regulation and
that govern the same
activity as is affected by
the Federal mandate.
(4) Direct savings
The term ``direct savings'', when used with
respect to the result of compliance with the
Federal mandate--
(A) in the case of a Federal
intergovernmental mandate, means the
aggregate estimated reduction in costs to
any State, local, or tribal government as a
result of compliance with the Federal
intergovernmental mandate; and
(B) in the case of a Federal private
sector mandate, means the aggregate
estimated reduction in costs to the private
sector as a result of compliance with the
Federal private sector mandate.
(5) Federal intergovernmental mandate
The term ``Federal intergovernmental
mandate'' means--
(A) any provision in legislation,
statute, or regulation that--
(i) would impose an enforceable
duty upon State, local, or tribal
governments, except--
(I) a condition of
Federal assistance; or
(II) a duty arising from
participation in a voluntary
Federal program, except as
provided in subparagraph
(B)); or
(ii) would reduce or eliminate
the amount of authorization of
appropriations for--
(I) Federal financial
assistance that would be
provided to State, local, or
tribal governments for the
purpose of complying with
any such previously imposed
duty unless such duty is
reduced or eliminated by a
corresponding amount; or
(II) the control of
borders by the Federal
Government; or reimbursement
to State, local, or tribal
governments for the net cost
associated with illegal,
deportable, and excludable
aliens, including court-
mandated expenses related to
emergency health care,
education or criminal
justice; when such a
reduction or elimination
would result in increased
net costs to State, local,
or tribal governments in
providing education or
emergency health care to, or
incarceration of, illegal
aliens; except that this
subclause shall not be in
effect with respect to a
State, local, or tribal
government, to the extent
that such government has not
fully cooperated in the
efforts of the Federal
Government to locate,
apprehend, and deport
illegal aliens;
(B) any provision in legislation,
statute, or regulation that relates to a
then-existing Federal program under which
$500,000,000 or more is provided annually to
State, local, and tribal governments under
entitlement authority, if the provision--
(i)(I) would increase the
stringency of conditions of
assistance to State, local, or
tribal governments under the
program; or
(II) would place caps upon, or
otherwise decrease, the Federal
Government's responsibility to
provide funding to State, local, or
tribal governments under the
program; and
(ii) the State, local, or tribal
governments that participate in the
Federal program lack authority under
that program to amend their
financial or programmatic
responsibilities to continue
providing required services that are
affected by the legislation,
statute, or regulation.
(6) Federal mandate
The term ``Federal mandate'' means a Federal
intergovernmental mandate or a Federal private
sector mandate, as defined in paragraphs (5) and
(7).
(7) Federal private sector mandate
The term ``Federal private sector mandate''
means any provision in legislation, statute, or
regulation that--
(A) would impose an enforceable duty
upon the private sector except--
(i) a condition of Federal
assistance; or
(ii) a duty arising from
participation in a voluntary Federal
program; or
(B) would reduce or eliminate the amount
of authorization of appropriations for
Federal financial assistance that will be
provided to the private sector for the
purposes of ensuring compliance with such
duty.
(8) Local government
The term ``local government'' has the same
meaning as defined in section 6501(6) of title
31.
(9) Private sector
The term ``private sector'' means all
persons or entities in the United States,
including individuals, partnerships,
associations, corporations, and educational and
nonprofit institutions, but shall not include
State, local, or tribal governments.
(10) Regulation; rule
The term ``regulation'' or ``rule'' (except
with respect to a rule of either House of the
Congress) has the meaning of ``rule'' as defined
in section 601(2) of title 5.
(11) Small government
The term ``small government'' means any
small governmental jurisdictions defined in
section 601(5) of title 5, and any tribal
government.
(12) State
The term ``State'' has the same meaning as
defined in section 6501(9) of title 31.
(13) Tribal government
The term ``tribal government'' means any
Indian tribe, band, nation, or other organized
group or community, including any Alaska Native
village or regional or village corporation as
defined in or established pursuant to the Alaska
Native Claims Settlement Act (85 Stat. 688; 43
U.S.C. 1601 et seq.) which is recognized as
eligible for the special programs and services
provided by the United States to Indians because
of their special status as Indians. (Pub. L. 93-
344, Title IV, Sec. 421, as added Pub. L. 104-4,
Title I, Sec. 101(a)(2), Mar. 22, 1995, 109
Stat. 50.)
399.39-21a Sec. 658a. Exclusions.
This part shall not apply to any provision in a bill,
joint resolution, amendment, motion, or conference report
before Congress that--
(1) enforces constitutional rights of
individuals;
(2) establishes or enforces any statutory
rights that prohibit discrimination on the basis
of race, color, religion, sex, national origin,
age, handicap, or disability;
(3) requires compliance with accounting and
auditing procedures with respect to grants or
other money or property provided by the Federal
Government;
(4) provides for emergency assistance or
relief at the request of any State, local, or
tribal government or any official of a State,
local, or tribal government;
(5) is necessary for the national security
or the ratification or implementation of
international treaty obligations;
(6) the President designates as emergency
legislation and that the Congress so designates
in statute; or
(7) relates to the old-age, survivors, and
disability insurance program under subchapter II
of chapter 7 of title 42 (including taxes
imposed by sections 3101(a) and 3111(a) of title
26 (relating to old-age, survivors, and
disability insurance)). (Pub. L. 93-344, Title
IV, Sec. 422, as added Pub. L. 104-4, Title I,
Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 53.)
399.39-21b Sec. 658b. Duties of congressional committees.
(a) In general
When a committee of authorization of the Senate or the
House of Representatives reports a bill or joint resolution
of public character that includes any Federal mandate, the
report of the committee accompanying the bill or joint
resolution shall contain the information required by
subsections (c) and (d) of this section.
(b) Submission of bills to the Director
When a committee of authorization of the Senate or the
House of Representatives orders reported a bill or joint
resolution of a public character, the committee shall
promptly provide the bill or joint resolution to the
Director of the Congressional Budget Office and shall
identify to the Director any Federal mandates contained in
the bill or resolution.
(c) Reports on Federal mandates
Each report described under subsection (a) of this
section shall contain--
(1) an identification and description of any
Federal mandates in the bill or joint
resolution, including the direct costs to State,
local, and tribal governments, and to the
private sector, required to comply with the
Federal mandates;
(2) a qualitative, and if practicable, a
quantitative assessment of costs and benefits
anticipated from the Federal mandates (including
the effects on health and safety and the
protection of the natural environment); and
(3) a statement of the degree to which a
Federal mandate affects both the public and
private sectors and the extent to which Federal
payment of public sector costs or the
modification or termination of the Federal
mandate as provided under section 658d(a)(2) of
this title would affect the competitive balance
between State, local, or tribal governments and
the private sector including a description of
the actions, if any, taken by the committee to
avoid any adverse impact on the private sector
or the competitive balance between the public
sector and the private sector.
(d) Intergovernmental mandates
If any of the Federal mandates in the bill or joint
resolution are Federal intergovernmental mandates, the
report required under subsection (a) of this section shall
also contain--
(1)(A) a statement of the amount, if any, of
increase or decrease in authorization of
appropriations under existing Federal financial
assistance programs, or of authorization of
appropriations for new Federal financial
assistance, provided by the bill or joint
resolution and usable for activities of State,
local, or tribal governments subject to the
Federal intergovernmental mandates;
(B) a statement of whether the committee
intends that the Federal intergovernmental
mandates be partly or entirely unfunded, and if
so, the reasons for that intention; and
(C) if funded in whole or in part, a
statement of whether and how the committee has
created a mechanism to allocate the funding in a
manner that is reasonably consistent with the
expected direct costs among and between the
respective levels of State, local, and tribal
government; and
(2) any existing sources of Federal
assistance in addition to those identified in
paragraph (1) that may assist State, local, and
tribal governments in meeting the direct costs
of the Federal intergovemmental mandates; and
(3) if the bill or joint resolution would
make the reduction specified in section
658(5)(B)(i)(II) of this title, a statement of
how the committee specifically intends the
States to implement the reduction and to what
extent the legislation provides additional
flexibility, if any, to offset the reduction.
(e) Preemption clarification and information
When a committee of authorization of the Senate or the
House of Representatives reports a bill or joint resolution
of public character, the committee report accompanying the
bill or joint resolution shall contain, if relevant to the
bill or joint resolution, an explicit statement on the
extent to which the bill or joint resolution is intended to
preempt any State, local, or tribal law, and, if so, an
explanation of the effect of such preemption.
(f) Publication of statement from the Director
(1) In general
Upon receiving a statement from the Director
under section 658c of this title, a committee of
the Senate or the House of Representatives shall
publish the statement in the committee report
accompanying the bill or joint resolution to
which the statement relates if the statement is
available at the time the report is printed.
(2) Other publication of statement of Director
If the statement is not published in the
report, or if the bill or joint resolution to
which the statement relates is expected to be
considered by the Senate or the House of
Representatives before the report is published,
the committee shall cause the statement, or a
summary thereof, to be published in the
Congressional Record in advance of floor
consideration of the bill or joint resolution.
(Pub. L. 93-344, Title IV, Sec. 423, as added Pub. L. 104-4,
Title I, Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 53;
amended Pub. L. 106-141, Sec. 2(a), Dec. 7, 1999, 113 Stat.
1699.)
399.39-21c Sec. 658c. Duties of the Director, statements on bills and
joint resolutions other than appropriations bills and
joint resolutions.
(a) Federal intergovernmental mandates in reported bills and
resolutions
For each bill or joint resolution of a public character
reported by any committee of authorization of the Senate or
the House of Representatives, the Director of the
Congressional Budget Office shall prepare and submit to the
committee a statement as follows:
(1) Contents
If the Director estimates that the
direct cost of all Federal intergovernmental
mandates in the bill or joint resolution
will equal or exceed $50,000,000 (adjusted
annually for inflation) in the fiscal year
in which any Federal intergovernmental
mandate in the bill or joint resolution (or
in any necessary implementing regulation)
would first be effective or in any of the 4
fiscal years following such fiscal year, the
Director shall so state, specify the
estimate, and briefly explain the basis of
the estimate.
(2) Estimates
Estimates required under paragraph (1)
shall include estimates (and brief
explanations of the basis of the estimates)
of--
(A) the total amount of direct
cost of complying with the Federal
intergovernmental mandates in the
bill or joint resolution;
(B) if the bill or resolution
contains an authorization of
appropriations under section
658d(a)(2)(B) of this title, the
amount of new budget authority for
each fiscal year for a period not to
exceed 10 years beyond the effective
date necessary for the direct cost
of the intergovernmental mandate;
and
(C) the amount, if any, of
increase in authorization of
appropriations under existing
Federal financial assistance
programs, or of authorization of
appropriations for new Federal
financial assistance, provided by
the bill or joint resolution and
usable by State, local, or tribal
governments for activities subject
to the Federal intergovernmental
mandates.
(3) Additional flexibility information
The Director shall include in the
statement submitted under this subsection,
in the case of legislation that makes
changes as described in section
658(5)(B)(i)(II) of this title--
(A) if no additional flexibility
is provided in the legislation, a
description of whether and how the
States can offset the reduction
under existing law; or
(B) if additional flexibility is
provided in the legislation, whether
the resulting savings would offset
the reductions in that program
assuming the States fully implement
that additional flexibility.
(4) Estimate not feasible
If the Director determines that it is not
feasible to make a reasonable estimate that
would be required under paragraphs (1) and (2),
the Director shall not make the estimate, but
shall report in the statement that the
reasonable estimate cannot be made and shall
include the reasons for that determination in
the statement. If such determination is made by
the Director, a point of order under this part
shall lie only under section 658d(a)(1) of this
title and as if the requirement of section
658d(a)(1) of this title had not been met.
(b) Federal private sector mandates in reported bills and
joint resolutions
For each bill or joint resolution of a public character
reported by any committee of authorization of the Senate or
the House of Representatives, the Director of the
Congressional Budget Office shall prepare and submit to the
committee a statement as follows:
(1) Contents
If the Director estimates that the
direct cost of an Federal private sector
mandates in the bill or joint resolution
will equal or exceed $100,000,000 (adjusted
annually for inflation) in the fiscal year
in which any Federal private sector mandate
in the bill or joint resolution (or in any
necessary implementing regulation) would
first be effective or in any of the 4 fiscal
years following such fiscal year, the
Director shall so state, specify the
estimate, and briefly explain the basis of
the estimate.
(2) Estimates
Estimates required under paragraph (1)
shall include estimates (and a brief
explanation of the basis of the estimates)
of--
(A) the total amount of direct
costs of complying with the Federal
private sector mandates in the bill
or joint resolution; and
(B) the amount, if any, of
increase in authorization of
appropriations under existing
Federal financial assistance
programs, or of authorization of
appropriations for new Federal
financial assistance, provided by
the bill or joint resolution usable
by the private sector for the
activities subject to the Federal
private sector mandates.
(3) Estimate not feasible
If the Director determines that it is
not feasible to make a reasonable estimate
that would be required under paragraphs (1)
and (2), the Director shall not make the
estimate, but shall report in the statement
that the reasonable estimate cannot be made
and shall include the reasons for that
determination in the statement.
(c) Legislation failing below the direct costs thresholds
If the Director estimates that the direct costs of a
Federal mandate will not equal or exceed the thresholds
specified in subsections (a) and (b) of this section, the
Director shall so state and shall briefly explain the basis
of the estimate.
(d) Amended bills and joint resolutions; conference reports
If a bill or joint resolution is passed in an amended
form (including if passed by one House as an amendment in
the nature of a substitute for the text of a bill or joint
resolution from the other House) or is reported by a
committee of conference in amended form, and the amended
form contains a Federal mandate not previously considered by
either House or which contains an increase in the direct
cost of a previously considered Federal mandate, then the
committee of conference shall ensure, to the greatest extent
practicable, that the Director shall prepare a statement as
provided in this subsection or a supplemental statement for
the bill or joint resolution in that amended form. (Pub. L.
93-344, Title IV, Sec. 424, as added Pub. L. 104-4, Title I,
Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 55; amended Pub. L.
106-41, Sec. 2(b) Dec. 7, 1999, 113 Stat. 1699.)
399.39-21d Sec. 658d. Legislation subject to point of order.
(a) In general
It shall not be in order in the Senate or the House of
Representatives to consider--
(1) any bill or joint resolution that is
reported by a committee unless the committee has
published a statement of the Director on the
direct costs of Federal mandates in accordance
with section 658b(f) of this title before such
consideration, except this paragraph shall not
apply to any supplemental statement prepared by
the Director under section 658c(d) of this
title; and
(2) any bill, joint resolution, amendment,
motion, or conference report that would increase
the direct costs of Federal intergovernmental
mandates by an amount that causes the thresholds
specified in section 658c(a)(1) of this title to
be exceeded, unless--
(A) the bill, joint resolution,
amendment, motion, or conference report
provides new budget authority or new
entitlement authority in the House of
Representatives or direct spending authority
in the Senate for each fiscal year for such
mandates included in the bill, joint
resolution, amendment, motion, or conference
report in an amount equal to or exceeding
the direct costs of such mandate; or
(B) the bill, joint resolution,
amendment, motion, or conference report
includes an authorization for appropriations
in an amount equal to or exceeding the
direct costs of such mandate, and--
(i) identifies a specific dollar
amount of the direct costs of such
mandate for each year up to 10 years
during which such mandate shall be
in effect under the bill, joint
resolution, amendment, motion or
conference report, and such estimate
is consistent with the estimate
determined under subsection (e) of
this section for each fiscal year;
(ii) identifies any
appropriation bill that is expected
to provide for Federal funding of
the direct cost referred to under
clause (i); and
(iii)(I) provides that for any
fiscal year the responsible Federal
agency shall determine whether there
are insufficient appropriations for
that fiscal year to provide for the
direct costs under clause (i) of
such mandate, and shall (no later
than 30 days after the beginning of
the fiscal year) notify the
appropriate authorizing committees
of Congress of the determination and
submit either--
(aa) a statement that
the agency has determined,
based on a re-estimate of
the direct costs of such
mandate, after consultation
with State, local, and
tribal governments, that the
amount appropriated is
sufficient to pay for the
direct costs of such
mandate; or
(bb) legislative
recommendations for either
implementing a less costly
mandate or making such
mandate ineffective for the
fiscal year;
(II) provides for expedited
procedures for the consideration of
the statement or legislative
recommendations referred to in
subclause (I) by Congress no later
than 30 days after the statement or
recommendations are submitted to
Congress; and
(III) provides that such mandate
shall--
(aa) in the case of a
statement referred to in
subclause (I)(aa), cease to
be effective 60 days after
the statement is submitted
unless Congress has approved
the agency's determination
by joint resolution during
the 60-day period;
(bb) cease to be
effective 60 days after the
date the legislative
recommendations of the
responsible Federal agency
are submitted to Congress
under subclause (I)(bb)
unless Congress provides
otherwise by law; or
(cc) in the case that
such mandate that has not
yet taken effect, continue
not to be effective unless
Congress provides otherwise
by law.
(b) Rule of construction
The provisions of subsection (a)(2)(B)(iii) of this
section shall not be construed to prohibit or otherwise
restrict a State, local, or tribal government from
voluntarily electing to remain subject to the original
Federal intergovernmental mandate, complying with the
programmatic or financial responsibilities of the original
Federal intergovernmental mandate and providing the funding
necessary consistent with the costs of Federal agency
assistance, monitoring, and enforcement.
(c) Committee on Appropriations
(1) Application
The provisions of subsection (a) of
section--
(A) shall not apply to any bill or
resolution reported by the Committee on
Appropriations of the Senate or the House of
Representatives; except
(B) shall apply to--
(i) any legislative provision
increasing direct costs of a Federal
intergovernmental mandate contained
in any bill or resolution reported
by the Committee on Appropriations
of the Senate or House of
Representatives;
(ii) any legislative provision
increasing direct costs of a Federal
intergovernmental mandate contained
in any amendment offered to a bill
or resolution reported by the
Committee on Appropriations of the
Senate or House of Representatives;
(iii) any legislative provision
increasing direct costs of a Federal
intergovernmental mandate in a
conference report accompanying a
bill or resolution reported by the
Committee on Appropriations of the
Senate or House of Representatives;
and
(iv) any legislative provision
increasing direct costs of a Federal
intergovernmental mandate contained
in any amendments in disagreement
between the two Houses to any bill
or resolution reported by the
Committee on Appropriations in the
Senate or House of Representatives.
(2) Certain provisions stricken in Senate.
Upon a point of order being made by any
Senator against any provision listed in
paragraph (1)(B), and the point of order being
sustained by the Chair, such specific provision
shall be deemed stricken from the bill,
resolution, amendment, amendment in
disagreement, or conference report and may not
be offered as an amendment from the floor.
(d) Determinations of applicability to pending legislation
For purposes of this section, in the Senate, the
presiding officer of the Senate shall consult with the
Committee on Governmental Affairs, to the extent
practicable, on questions concerning the applicability of
this part to a pending bill, joint resolution, amendment,
motion, or conference report.
(e) Determinations of Federal mandate levels
For purposes of this section, in the Senate, the levels
of Federal mandates for a fiscal year shall be determined
based on the estimates made by the Committee on the Budget.
(Pub. L. 93-344, Title IV, Sec. 425, as added Pub. L. 104-4,
Title I, Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 56.)
399.39-21e Sec. 658e. Provisions relating to the House of
Representatives.
(a) Enforcement in the House of Representatives
It shall not be in order in the House of Representatives
to consider a rule or order that waives the application of
section 658d of this title.
(b) Disposition of points of order
(1) Application to the House of Representatives
This subsection shall apply only to the
House of Representatives.
(2) Threshold burden
In order to be cognizable by the Chair, a
point of order under section 658d of this title
or subsection (a) of this section must specify
the precise language on which it is premised.
(3) Question of consideration
As disposition of points of order under
section 658d of this title or subsection (a) of
this section, the Chair shall put the question
of consideration with respect to the proposition
that is the subject of the points of order.
(4) Debate and intervening motions
A question of consideration under this
section shall be debatable for 10 minutes by
each Member initiating a point of order and for
10 minutes by an opponent on each point of
order, but shall otherwise be decided without
intervening motion except one that the House
adjourn or that the Committee of the Whole rise,
as the case may be.
(5) Effect on amendment in order as original text
The disposition of the question of
consideration under this subsection with respect
to a bill or joint resolution shall be
considered also to determine the question of
consideration under this subsection with respect
to an amendment made in order as original text.
(Pub. L. 93-344, Title IV, Sec. 426, as added
Pub. L. 104-4, Title I, Sec. 101(a)(2), Mar. 22,
1995, 109 Stat. 59.)
399.39-21f Sec. 658f. Requests to the Congressional Budget Office from
Senators.
At the written request of a Senator, the Director shall,
to the extent practicable, prepare an estimate of the direct
costs of a Federal intergovernmental mandate contained in an
amendment of such Senator. (Pub. L. 93-344, Title IV,
Sec. 427, as added Pub. L. 104-4, Title I, Sec. 101(a)(2),
Mar. 22, 1995, 109 Stat. 59.)
399.39-21g Sec. 658g. Clarification of application.
(a) In general
This part applies to any bill, joint resolution,
amendment, motion, or conference report that reauthorizes
appropriations, or that amends existing authorizations of
appropriations, to carry out any statute, or that otherwise
amends any statute, only if enactment of the bill, joint
resolution, amendment, motion, or conference report--
(1) would result in a net reduction in or
elimination of authorization of appropriations
for Federal financial assistance that would be
provided to State, local, or tribal governments
for use for the purpose of complying with any
Federal intergovernmental mandate, or to the
private sector for use to comply with any
Federal private sector mandate, and would not
eliminate or reduce duties established by the
Federal mandate by a corresponding amount; or
(2) would result in a net increase in the
aggregate amount of direct costs of Federal
intergovernmental mandates or Federal private
sector mandates other than as described in
paragraph (1).
(b) Direct costs
(1) In general
For purposes of this part, the direct cost
of the Federal mandates in a bill, joint
resolution, amendment, motion, or conference
report that reauthorizes appropriations, or that
amends existing authorizations of
appropriations, to carry out a statute, or that
otherwise amends any statute, means the net
increase, resulting from enactment of the bill,
joint resolution, amendment, motion, or
conference report, in the amount described under
paragraph (2)(A) over the amount described under
paragraph (2)(B).
(2) Amounts
The amounts referred to under paragraph (1)
are--
(A) the aggregate amount of direct costs
of Federal mandates that would result under
the statute if the bill, joint resolution,
amendment, motion, or conference report is
enacted; and
(B) the aggregate amount of direct costs
of Federal mandates that would result under
the statute if the bill, joint resolution,
amendment, motion, or conference report were
not enacted.
(3) Extension of authorization of appropriations
For purposes of this section, in the case of
legislation to extend authorization of
appropriations, the authorization level that
would be provided by the extension shall be
compared to the authorization level for the last
year in which authorization of appropriations is
already provided. (Pub. L. 93-344, Title IV,
Sec. 428, as added Pub. L. 104-4, Title I,
Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 59.)
Subchapter III.--Credit Reform
399.39-22 Sec. 661. Purposes.
The purposes of this subchapter are to--
(1) measure more accurately the costs of
Federal credit programs;
(2) place the cost of credit programs on a
budgetary basis equivalent to other Federal
spending;
(3) encourage the delivery of benefits in
the form most appropriate to the needs of
beneficiaries; and
(4) improve the allocation of resources
among credit programs and between credit and
other spending programs. (Pub L. 93-344, Title
V, Sec. 501, as added Pub. L. 101-508, Title
XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat.
1388-610.)
399.39-22a Sec. 661a. Definitions.
For purposes of this subchapter--
(1) The term ``direct loan'' means a
disbursement of funds by the Government to a
non-Federal borrower under a contract that
requires the repayment of such funds with or
without interest. The term includes the purchase
of, or participation in, a loan made by another
lender and financing arrangements that defer
payment for more than 90 days, including the
sale of a government asset on credit terms. The
term does not include the acquisition of a
federally guaranteed loan in satisfaction of
default claims or the price support loans of the
Commodity Credit Corporation.
(2) The term ``direct loan obligation''
means a binding agreement by a Federal agency to
make a direct loan when specified conditions are
fulfilled by the borrower.
(3) The term ``loan guarantee'' means any
guarantee, insurance, or other pledge with
respect to the payment of all or a part of the
principal or interest on any debt obligation of
a non-Federal borrower to a non-Federal lender,
but does not include the insurance of deposits,
shares, or other withdrawable accounts in
financial institutions.
(4) The term ``loan guarantee commitment''
means a binding agreement by a Federal agency to
make a loan guarantee when specified conditions
are fulfilled by the borrower, the lender, or
any other party to the guarantee agreement.
(5)(A) The term ``cost'' means the estimated
long-term cost to the Government of a direct
loan or loan guarantee or modification thereof,
calculated on a net present basis, excluding
administrative costs and any incidental effects
on governmental receipts or outlays.
(B) The cost of a direct loan shall be the
net present value, at the time when the direct
loan is disbursed, of the following estimated
cash flows:
(i) loan disbursements;
(ii) repayments of principal; and
(iii) payments of interest and other
payments by or to the Government over the
life of the loan after adjusting for
estimated defaults, prepayments, fees,
penalties, and other recoveries;
including the effects of changes in loan terms resulting
from the exercise by the borrower of an option included in
the loan contract.
(C) The cost of a loan guarantee shall be
the net present value, at the time when the
guaranteed loan is disbursed, of the following
estimated cash flows:
(i) payments by the Government to cover
defaults and delinquencies, interest
subsidies, or other payments; and
(ii) payments to the Government
including origination and other fees,
penalties and recoveries;
including the effects of changes in loan terms resulting
from the exercise by the guaranteed lender of an option
included in the loan guarantee contract, or by the borrower
of an option included in the guaranteed loan contract.
(D) The cost of a modification is the
difference between the current estimate of the
net present value of the remaining cash flows
under the terms of a direct loan or loan
guarantee contract, and the current estimate of
the net present value of the remaining cash
flows under the terms of the contract, as
modified.
(E) In estimating net present values, the
discount rate shall be the average interest rate
on marketable Treasury securities of similar
maturity to the cash flows of the direct loan or
loan guarantee for which the estimate is being
made.
(F) When funds are obligated for a direct
loan or loan guarantee, the estimated cost shall
be based on the current assumptions, adjusted to
incorporate the terms of the loan contract, for
the fiscal year in which the funds are
obligated.
(6) The term ``credit program account''
means the budget account into which an
appropriation to cover the cost of a direct loan
or loan guarantee program is made and from which
such cost is disbursed to the financing account.
(7) The term ``financing account'' means the
non-budget account or accounts associated with
each credit program account which holds
balances, receives the cost payment from the
credit program account, and also includes all
other cash flows to and from the Government
resulting from direct loan obligations or loan
guarantee commitments made on or after October
1, 1991.
(8) The term ``liquidating account'' means
the budget account that includes all cash flows
to and from the Government resulting from direct
loan obligations or loan guarantee commitments
made prior to October 1, 1991.
These accounts shall be shown in the budget on a cash
basis.
(9) The term ``modification'' means any
Government action that alters the estimated cost
of an outstanding direct loan (or direct loan
obligation) or an outstanding loan guarantee (or
loan guarantee commitment) from the current
estimate of cash flows. This includes the sale
of loan assets, with or without recourse, and
the purchase of guaranteed loans. This also
includes any action resulting from new
legislation, or from the exercise of
administrative discretion under existing law,
that directly or indirectly alters the estimated
cost of outstanding direct loans (or direct loan
obligations) or loan guarantees (or loan
guarantee commitments) such as a change in
collection procedures.
(10) The term ``current'' has the same
meaning as in section 900(c)(9) of this title.
(11) The term ``Director'' means the
Director of the Office of Management and Budget.
(Pub. L. 93-344, Title V, Sec. 502, as added
Pub. L. 101-508, Title XIII, Sec. 13201(a), Nov.
5, 1990, 104 Stat. 1388-610, and amended Pub. L.
105-33, Title X, Sec. 10117(a), Aug. 5, 1997,
111 Stat. 692.)
399.39-22b Sec. 661b. OMB and CBO analysis, coordination, and review.
(a) In general
For the executive branch, the Director shall be
responsible for coordinating the estimates required by this
subchapter. The Director shall consult with the agencies
that administer direct loan or loan guarantee programs.
(b) Delegation
The Director may delegate to agencies authority to make
estimates of costs. The delegation of authority shall be
based upon written guidelines, regulations, or criteria
consistent with the definitions in this subchapter.
(c) Coordination with the Congressional Budget Office
In developing estimation guidelines, regulations, or
criteria to be used by Federal agencies, the Director shall
consult with the Director of the Congressional Budget
Office.
(d) Improving cost estimates
The Director and the Director of the Congressional
Budget Office shall coordinate the development of more
accurate data on historical performance of direct loan and
loan guarantee programs. They shall annually review the
performance of outstanding direct loans and loan guarantees
to improve estimates of costs. The Office of Management and
Budget and the Congressional Budget Office shall have access
to all agency data that may facilitate the development and
improvement of estimates of costs.
(e) Historical credit program costs
The Director shall review, to the extent possible,
historical data and develop the best possible estimates of
adjustments that would convert aggregate historical budget
data to credit reform accounting.
(f) Administrative costs
The Director and the Director of the Congressional
Budget Office shall each analyze and report to Congress on
differences in long-term administrative costs for credit
programs versus grant programs by January 31, 1992. Their
reports shall recommend to Congress any changes, if
necessary, in the treatment of administrative costs under
credit reform accounting. (Pub. L. 93-344, Title V,
Sec. 503, as added Pub. L. 101-508, Title XIII,
Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-611.)
399.39-22c Sec. 661c. Budgetary treatment.
(a) President's budget
Beginning with fiscal year 1992, the President's budget
shall reflect the costs of direct loan and loan guarantee
programs. The budget shall also include the planned level of
new direct loan obligations or loan guarantee commitments
associated with each appropriations request.
(b) Appropriations required
Notwithstanding any other provision of law, new direct
loan obligations may be incurred and new loan guarantee
commitments may be made for fiscal year 1992 and thereafter
only to the extent that--
(1) new budget authority to cover their
costs is provided in advance in an
appropriations Act;
(2) a limitation on the use of funds
otherwise available for the cost of a direct
loan or loan guarantee program has been provided
in advance in an appropriations Act; or
(3) authority is otherwise provided in
appropriation Acts.
(c) Exemption for mandatory programs
Subsections (b) and (e) of this section shall not apply
to a direct loan or loan guarantee program that--
(1) constitutes an entitlement (such as the
guaranteed student loan program or the veterans'
home loan guaranty program); or
(2) all existing credit programs of the
Commodity Credit Corporation on November 5,
1990.
(d) Budget accounting
(1) The authority to incur new direct loan obligations,
make new loan guarantee commitments, or modify outstanding
direct loans (or direct loan obligations) or loan guarantees
(or loan guarantee commitments) shall constitute new budget
authority in an amount equal to the cost of the direct loan
or loan guarantee in the fiscal year in which definite
authority becomes available or indefinite authority is used.
Such budget authority shall constitute an obligation of the
credit program account to pay to the financing account.
(2) The outlays resulting from new budget authority for
the cost of direct loans or loan guarantees described in
paragraph (1) shall be paid from the credit program account
into the financing account and recorded in the fiscal year
in which the direct loan or the guaranteed loan is disbursed
or its costs altered.
(3) All collections and payments of the financing
accounts shall be a means of financing.
(e) Modifications
An outstanding direct loan (or direct loan obligation)
or loan guarantee (or loan guarantee commitment) shall not
be modified in a manner that increases its costs unless
budget authority for the additional cost has been provided
in advance in an appropriations Act.
(f) Reestimates
When the estimated cost for a group of direct loans or
loan guarantees for a given credit program made in a single
fiscal year is reestimated in a subsequent year, the
difference between the reestimated cost and the previous
cost estimate shall be displayed as a distinct and
separately identified subaccount in the credit program
account as a change in program costs and a change in net
interest. There is hereby provided permanent indefinite
authority for these reestimates.
(g) Administrative expenses
All funding for an agency's administration of a direct
loan or loan guarantee program shall be displayed as
distinct and separately identified subaccounts within the
same budget account as the program's cost. (Pub. L. 93-344,
Title V, Sec. 504, as added Pub. L. 101-508, Title XIII,
Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-612, and amended
Pub. L. 105-33, Title X, Sec. 10117(b), Aug. 5, 1997, 111
Stat. 693.)
399.39-22d Sec. 661d. Authorizations.
(a) Authorization of appropriations for costs
There are authorized to be appropriated to each Federal
agency authorized to make direct loan obligations or loan
guarantee commitments, such sums as may be necessary to pay
the cost associated with such direct loan obligations or
loan guarantee commitments.
(b) Authorization for financing accounts
In order to implement the accounting required by this
subchapter, the President is authorized to establish such
non-budgetary accounts as may be appropriate.
(c) Treasury transactions with the financing accounts
The Secretary of the Treasury shall borrow from, receive
from, lend to, or pay to the financing accounts such amounts
as may be appropriate. The Secretary of the Treasury may
prescribe forms and denominations, maturities, and terms and
conditions for the transactions described above, except that
the rate of interest charged by the Secretary on lending to
financing accounts (including amounts treated as lending to
financing accounts by the Federal Financing Bank
(hereinafter in this subsection referred to as the ``Bank'')
pursuant to section 655(b) of this title) and the rate of
interest paid to financing accounts on uninvested balances
in financing accounts shall be the same as the rate
determined pursuant to section 661a(5)(E) of this title. For
guaranteed loans financed by the Bank and treated as direct
loans by a Federal agency pursuant to section 655(b) of this
title, any fee or interest surcharge (the amount by which
the interest rate charged exceeds the rate determined
pursuant to section 661a(5)(E) of this title) that the Bank
charges to a private borrower pursuant to section 6(c) of
the Federal Financing Bank Act of 1973 shall be considered a
cash flow to the Government for the purposes of determining
the cost of the direct loan pursuant to section 661a(5) of
this title. All such amounts shall be credited to the
appropriate financing account. The Bank is authorized to
require reimbursement from a Federal agency to cover the
administrative expenses of the Bank that are attributable to
the direct loans financed for that agency. All such payments
by an agency shall be considered administrative expenses
subject to section 661c(g) of this title. This subsection
shall apply to transactions related to direct loan
obligations or loan guarantee commitments made on or after
October 1, 1991. The authorities described above shall not
be construed to supersede or override the authority of the
head of a Federal agency to administer and operate a direct
loan or loan guarantee program. All of the transactions
provided in this subsection shall be subject to the
provisions of subchapter II of chapter 15 of title 31 [31
U.S.C. 1511 et seq.]. Cash balances of the financing
accounts in excess of current requirements shall be
maintained in a form of uninvested funds and the Secretary
of the Treasury shall pay interest on these funds.
(d) Authorization for liquidating accounts
(1) Amounts in liquidating accounts shall be available
only for payments resulting from direct loan obligations or
loan guarantee commitments made prior to October 1, 1991,
for--
(A) interest payments and principal
repayments to the Treasury or the Federal
Financing Bank for amounts borrowed;
(B) disbursements of loans;
(C) default and other guarantee claim
payments;
(D) interest supplement payments;
(E) payments for the costs of foreclosing,
managing, and selling collateral that are
capitalized or routinely deducted from the
proceeds of sales;
(F) payments to financing accounts when
required for modifications;
(G) administrative expenses, if--
(i) amounts credited to the liquidating
account would have been available for
administrative expenses under a provision of
law in effect prior to October 1, 1991; and
(ii) no direct loan obligation or loan
guarantee commitment has been made, or any
modification of a direct loan or loan
guarantee has been made, since September 30,
1991; or
(H) such other payments as are necessary for
the liquidation of such direct loan obligations
and loan guarantee commitments.
(2) Amounts credited to liquidating accounts in any year
shall be available only for payments required in that year.
Any unobligated balances in liquidating accounts at the end
of a fiscal year shall be transferred to miscellaneous
receipts as soon as practicable after the end of the fiscal
year.
(3) If funds in liquidating accounts are insufficient to
satisfy obligations and commitments of such accounts, there
is hereby provided permanent, indefinite authority to make
any payments required to be made on such obligations and
commitments.
(e) Authorization of appropriations for implementation
expenses
There are authorized to be appropriated to existing
accounts such sums as may be necessary for salaries and
expenses to carry out the responsibilities under this
subchapter.
(f) Reinsurance
Nothing in this subchapter shall be construed as
authorizing or requiring the purchase of insurance or
reinsurance on a direct loan or loan guarantee from private
insurers. If any such reinsurance for a direct loan or loan
guarantee is authorized, the cost of such insurance and any
recoveries to the Government shall be included in the
calculation of the cost.
(g) Eligibility and assistance
Nothing in this subchapter shall be construed to change
the authority or the responsibility of a Federal agency to
determine the terms and conditions of eligibility for, or
the amount of assistance provided by a direct loan or a loan
guarantee. (Pub. L. 93-344, Title V, Sec. 505, as added Pub.
L. 101-508, Title XIII, Sec. 13201(a), Nov. 5, 1990, 104
Stat. 1388-613, and amended Pub. L. 105-33, Title X,
Sec. 10117(c), Aug. 5, 1997, 111 Stat. 694.)
399.39-22e Sec. 661e. Treatment of deposit insurance and agencies and
other insurance programs.
(a) ln general
This subchapter shall not apply to the credit or
insurance activities of the Federal Deposit Insurance
Corporation, National Credit Union Administration,
Resolution Trust Corporation, Pension Benefit Guaranty
Corporation, National Flood Insurance, National Insurance
Development Fund, Crop Insurance, or Tennessee Valley
Authority.
(b) Study
The Director and the Director of the Congressional
Budget Office shall each study whether the accounting for
Federal deposit insurance programs should be on a cash basis
on the same basis as loan guarantees, or on a different
basis. Each Director shall report findings and
recommendations to the President and the Congress on or
before May 31, 1991.
(c) Access to data
For the purposes of subsection (b) of this section, the
Office of Management and Budget and the Congressional Budget
Office shall have access to all agency data that may
facilitate these studies. (Pub. L. 93-344, Title V,
Sec. 506, as added Pub. L. 101-508, Title XIII,
Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-614, and amended
Pub. L. 105-33, Title X, Sec. 10117(d), Aug. 5, 1997, 111
Stat. 695.)
399.39-22f Sec. 661f. Effect on other laws.
(a) Effect on other laws
This subchapter shall supersede, modify, or repeal any
provision of law enacted prior to November 5, 1990 to the
extent such provision is inconsistent with this subchapter.
Nothing in this subchapter shall be construed to establish a
credit limitation on any Federal loan or loan guarantee
program.
(b) Crediting of collections
Collections resulting from direct loans obligated or
loan guarantees committed prior to October 1, 1991, shall be
credited to the liquidating accounts of Federal agencies.
Amounts so credited shall be available, to the same extent
that they were available prior to November 5, 1990, to
liquidate obligations arising from such direct loans
obligated or loan guarantees committed prior to October 1,
1991, including repayment of any obligations held by the
Secretary of the Treasury or the Federal Financing Bank. The
unobligated balances of such accounts that are in excess of
current needs shall be transferred to the general fund of
the Treasury. Such transfers shall be made from time to time
but, at least once each year. (Pub. L. 93-344, Title V,
Sec. 507, as added Pub. L. 101-508, Title XIII,
Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-614.)
Subchapter IV.--Budget Agreement Enforcement Provisions
399.39-23 Sec. 665. Repealed. Pub. L. 105-33, Title X, Sec. 10118(a),
Aug. 5, 1997, 111 Stat. 695.
399.39-23a Sec. 665a. Repealed. Pub. L. 105-33, Title X, Sec. 10118(a),
Aug. 5, 1997, 111 Stat. 695.
399.39-23b Sec. 665b. Repealed. Pub. L. 105-33, Title X, Sec. 10118(a),
Aug. 5, 1997, 111 Stat. 695.
399.39-23c Sec. 665c. Repealed. Pub. L. 105-33, Title X, Sec. 10118(a),
Aug. 5, 1997, 111 Stat. 695.
399.39-23d Sec. 665d. Repealed. Pub. L. 105-33, Title X, Sec. 10118(a),
Aug. 5, 1997, 111 Stat. 695.
399.39-23e Sec. 665e. Repealed. Pub. L. 105-33, Title X, Sec. 10118(a),
Aug. 5, 1997, 111 Stat. 695.
Chapter 17B.--IMPOUNDMENT CONTROL AND LINE ITEM VETO
399.99-24 Sec. 681. Disclaimer.
Nothing contained in this Act, or in any amendments made
by this Act, shall be construed as--
(1) asserting or conceding the
constitutional powers or limitations of either
the Congress or the President;
(2) ratifying or approving any impoundment
heretofore or hereafter executed or approved by
the President or any other Federal officer or
employee, except insofar as pursuant to
statutory authorization then in effect;
(3) affecting in any way the claims or
defenses of any party to litigation concerning
any impoundment; or
(4) superseding any provision of law which
requires the obligation of budget authority or
the making of outlays thereunder. (Pub. L. 93-
344, Title X, Sec. 1001, July 12, 1974, 88 Stat.
332.)
399.39-24a Sec. 682. Definitions.
For purposes of sections 682 to 688 of this title--
(1) ``deferral of budget authority''
includes--
(A) withholding or delaying the
obligation or expenditure of budget
authority (whether by establishing reserves
or otherwise) provided for projects or
activities; or
(B) any other type of Executive action
or inaction which effectively precludes the
obligation or expenditure of budget
authority, including authority to obligate
by contract in advance of appropriations as
specifically authorized by law;
(2) ``Comptroller General'' means the
Comptroller General of the United States;
(3) ``rescission bill'' means a bill or
joint resolution which only rescinds, in whole
or in part, budget authority proposed to be
rescinded in a special message transmitted by
the President under section 683 of this title,
and upon which the Congress completes action
before the end of the first period of 45
calendar days of continuous session of the
Congress after the date on which the President's
message is received by the Congress;
(4) ``impoundment resolution'' means a
resolution of the House of Representatives or
the Senate which only expresses its disapproval
of a proposed deferral of budget authority set
forth in a special message transmitted by the
President under section 684 of this title; and
(5) continuity of a session of the Congress
shall be considered as broken only by an
adjournment of the Congress sine die, and the
days on which either House is not in session
because of an adjournment of more than 3 days to
a day certain shall be excluded in the
computation of the 45-day period referred to in
paragraph (3) of this section and in section 683
of this title, and the 25-day periods referred
to in sections 687 and 688(b)(1) of this title.
If a special message is transmitted under
section 683 of this title during any Congress
and the last session of such Congress adjourns
sine die before the expiration of 45 calendar
days of continuous session (or a special message
is so transmitted after the last session of the
Congress adjourns sine die), the message shall
be deemed to have been retransmitted on the
first day of the succeeding Congress and the 45-
day period referred to in paragraph (3) of this
section and in section 683 of this title (with
respect to such message) shall commence on the
day after such first day. (Pub. L. 93-344, Title
X, Sec. 1011, July 12, 1974, 88 Stat. 333.)
399.39-24b Sec. 683. Rescission of budget authority.
(a) Transmittal of special message
Whenever the President determines that all or part of
any budget authority will not be required to carry out the
full objectives or scope of programs for which it is
provided or that such budget authority should be rescinded
for fiscal policy or other reasons (including the
termination of authorized projects or activities for which
budget authority has been provided), or whenever all or part
of budget authority provided for only one fiscal year is to
be reserved from obligation for such fiscal year, the
President shall transmit to both Houses of Congress a
special message specifying--
(1) the amount of budget authority which he
proposes to be rescinded or which is to be so
reserved;
(2) any account, department, or
establishment of the Government to which such
budget authority is available for obligation,
and the specific project or governmental
functions involved;
(3) the reasons why the budget authority
should be rescinded or is to be so reserved;
(4) to the maximum extent practicable, the
estimated fiscal, economic, and budgetary effect
of the proposed rescission or of the
reservation; and
(5) all facts, circumstances, and
considerations relating to or bearing upon the
proposed rescission or the reservation and the
decision to effect the proposed rescission or
the reservation, and to the maximum extent
practicable, the estimated effect of the
proposed rescission or the reservation upon the
objects, purposes, and programs for which the
budget authority is provided.
(b) Requirement to make available for obligation
Any amount of budget authority proposed to be rescinded
or that is to be reserved as set forth in such special
message shall be made available for obligation unless,
within the prescribed 45-day period, the Congress has
completed action on a rescission bill rescinding all or part
of the amount proposed to be rescinded or that is to be
reserved. Funds made available for obligation under this
procedure may not be proposed for rescission again.
(Pub. L. 93-344, Title X, Sec. 1012, July 12, 1974, 88 Stat.
333; Pub. L. 100-119, Title II, Sec. 207, Sept. 29, 1987,
101 Stat. 786.)
399.39-25 Sec. 684. Proposed deferrals of budget authority.
(a) Transmittal of special message
Whenever the President, the Director of the Office of
Management and Budget, the head of any department or agency
of the United States, or any officer or employee of the
United States proposes to defer any budget authority
provided for a specific purpose or project, the President
shall transmit to the House of Representatives and the
Senate a special message specifying--
(1) the amount of the budget authority
proposed to be deferred;
(2) any account, department, or
establishment of the Government to which such
budget authority is available for obligation,
and the specific projects or governmental
functions involved;
(3) the period of time during which the
budget authority is proposed to be deferred;
(4) the reasons for the proposed deferral,
including any legal authority invoked to justify
the proposed deferral;
(5) to the maximum extent practicable, the
estimated fiscal, economic, and budgetary effect
of the proposed deferral; and
(6) all facts, circumstances, and
considerations relating to or bearing upon the
proposed deferral and the decision to effect the
proposed deferral, including an analysis of such
facts, circumstances, and considerations in
terms of their application to any legal
authority, including specific elements of legal
authority, invoked to justify such proposed
deferral, and to the maximum extent practicable,
the estimated effect of the proposed deferral
upon the objects, purposes, and programs for
which the budget authority is provided.
A special message may include one or more proposed
deferrals of budget authority. A deferral may not be
proposed for any period of time extending beyond the end of
the fiscal year in which the special message proposing the
deferral is transmitted to the House and the Senate.
(b) Consistency with legislative policy
Deferrals shall be permissible only--
(1) to provide for contingencies;
(2) to achieve savings made possible by or
through changes in requirements or greater
efficiency of operations; or
(3) as specifically provided by law.
No officer or employee of the United States may defer
any budget authority for any other purpose.
(c) Exception
The provisions of this section do not apply to any
budget authority proposed to be rescinded or that is to be
reserved as set forth in a special message required to be
transmitted under section 683 of this title. (Pub. L. 93-
344, Title X, Sec. 1013, July 12, 1974, 88 Stat. 334; Pub.
L. 100-119, Title II, Sec. 206(a), Sept. 29, 1987, 101 Stat.
785.)
399.39-26 Sec. 685. Transmission of messages; publication.
(a) Delivery to House and Senate
Each special message transmitted under section 683 or
684 of this title shall be transmitted to the House of
Representatives and the Senate on the same day, and shall be
delivered to the Clerk of the House of Representatives if
the House is not in session, and to the Secretary of the
Senate if the Senate is not in session. Each special message
so transmitted shall be referred to the appropriate
committee of the House of Representatives and the Senate.
Each such message shall be printed as a document of each
House.
(b) Delivery to Comptroller General
A copy of each special message transmitted under section
683 or 684 of this title, shall be transmitted to the
Comptroller General on the same day it is transmitted to the
House of Representatives and the Senate. In order to assist
the Congress in the exercise of its functions under section
683 or 684 of this title, the Comptroller General shall
review each such message and inform the House of
Representatives and the Senate as promptly as practicable
with respect to--
(1) in the case of a special message
transmitted under section 683 of this title, the
facts surrounding the proposed rescission or the
reservation of budget authority (including the
probable effects thereof); and
(2) in the case of a special message
transmitted under section 684 of this title, (A)
the facts surrounding each proposed deferral of
budget authority (including the probable effects
thereof) and (B) whether or not (or to what
extent), in his judgment, such proposed deferral
is in accordance with existing statutory
authority.
(c) Transmission of supplementary messages
If any information contained in a special message
transmitted under section 683 or 684 of this title is
subsequently revised, the President shall transmit to both
Houses of Congress and the Comptroller General a
supplementary message stating and explaining such revision.
Any such supplementary message shall be delivered, referred,
and printed as provided in subsection (a) of this section.
The Comptroller General shall promptly notify the House of
Representatives and the Senate of any changes in the
information submitted by him under subsection (b) of this
section which may be necessitated by such revision.
(d) Printing in Federal Register
Any special message transmitted under section 683 or 684
of this title, and any supplementary message transmitted
under subsection (c) of this section, shall be printed in
the first issue of the Federal Register published after such
transmittal.
(e) Cumulative reports of proposed rescissions,
reservations, and deferrals of budget authority
(1) The President shall submit a report to the House of
Representatives and the Senate, not later than the 10th day
of each month during a fiscal year, listing all budget
authority for that fiscal year with respect to which, as of
the first day of such month--
(A) he has transmitted a special message
under section 683 of this title with respect to
a proposed rescission or a reservation; and
(B) he has transmitted a special message
under section 684 of this title proposing a
deferral.
Such report shall also contain, with respect to each such
proposed rescission or deferral, or each such reservation,
the information required to be submitted in the special
message with respect thereto under section 683 or 684 of
this title.
(2) Each report submitted under paragraph (1) shall be
printed in the first issue of the Federal Register published
after its submission. (Pub. L. 93-344, Title X, Sec. 1014,
July 12, 1974, 88 Stat. 335.)
399.39-27 Sec. 686. Reports by Comptroller General.
(a) Failure to transmit special message
If the Comptroller General finds that the President, the
Director of the Office of Management and Budget, the head of
any department or agency of the United States, or any other
officer or employee of the United States--
(1) is to establish a reserve or proposes to
defer budget authority with respect to which the
President is required to transmit a special
message under section 683 or 684 of this title;
or
(2) has ordered, permitted, or approved the
establishment of such a reserve or a deferral of
budget authority;
and that the President has failed to transmit a special
message with respect to such reserve or deferral, the
Comptroller General shall make a report on such reserve or
deferral and any available information concerning it to both
Houses of Congress. The provisions of sections 682 to 688 of
this title shall apply with respect to such reserve or
deferral in the same manner and with the same effect as if
such report of the Comptroller General were a special
message transmitted by the President under section 683 or
684 of this title, and, for purposes of sections 682 to 688
of this title, such report shall be considered a special
message transmitted under section 683 or 684 of this title.
(b) Incorrect classification of special message
If the President has transmitted a special message to
both Houses of Congress in accordance with section 683 or
684 of this title, and the Comptroller General believes that
the President so transmitted the special message in
accordance with one of those sections when the special
message should have been transmitted in accordance with the
other of those sections, the Comptroller General shall make
a report to both Houses of the Congress setting forth his
reasons. (Pub. L. 93-344, Title X, Sec. 1015, July 12, 1974,
88 Stat. 336.)
399.39-28 Sec. 687. Suits by Comptroller General.
If, under this chapter, budget authority is required to
be made available for obligation and such budget authority
is not made available for obligation, the Comptroller
General is hereby expressly empowered, through attorneys of
his own selection, to bring a civil action in the United
States District Court for the District of Columbia to
require such budget authority to be made available for
obligation, and such court is hereby expressly empowered to
enter in such civil action, against any department, agency,
officer, or employee of the United States, any decree,
judgment, or order which may be necessary or appropriate to
make such budget authority available for obligation. No
civil action shall be brought by the Comptroller General
under this section until the expiration of 25 calendar days
of continuous session of the Congress following the date on
which an explanatory statement by the Comptroller General of
the circumstances giving rise to the action contemplated has
been filed with the Speaker of the House of Representatives
and the President of the Senate. (Pub. L. 93-344, Title X,
Sec. 1016, July 12, 1974, 88 Stat. 336; Pub. L. 98-620,
Title IV, Sec. 402(35), Nov. 8, 1984, 98 Stat. 3360; Pub. L.
100-119, Title II, Sec. 206(b), Sept. 29, 1987, 101 Stat.
786.)
399.39-29 Sec. 688. Procedure in House of Representatives and Senate.
(a) Referral
Any rescission bill introduced with respect to a special
message or impoundment resolution introduced with respect to
a proposed deferral of budget authority shall be referred to
the appropriate committee of the House of Representatives or
the Senate, as the case may be.
(b) Discharge of committee
(1) If the committee to which a rescission bill or
impoundment resolution has been referred has not reported it
at the end of 25 calendar days of continuous session of the
Congress after its introduction, it is in order to move
either to discharge the committee from further consideration
of the bill or resolution or to discharge the committee from
further consideration of any other rescission bill with
respect to the same special message or impoundment
resolution with respect to the same proposed deferral, as
the case may be, which has been referred to the committee.
(2) A motion to discharge may be made only by an
individual favoring the bill or resolution, may be made only
if supported by one-fifth of the Members of the House
involved (a quorum being present), and is highly privileged
in the House and privileged in the Senate (except that it
may not be made after the committee has reported a bill or
resolution with respect to the same special message or the
same proposed deferral, as the case may be); and debate
thereon shall be limited to not more than 1 hour, the time
to be divided in the House equally between those favoring
and those opposing the bill or resolution, and to be divided
in the Senate equally between, and controlled by, the
majority leader and the minority leader or their designees.
An amendment to the motion is not in order, and it is not in
order to move to reconsider the vote by which the motion is
agreed to or disagreed to.
(c) Floor consideration in 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, Sec. 1017, July 12, 1974, 88 Stat. 337.)
399.39-30 Exercise of rulemaking powers.
(a) The provisions of this title and of titles I, III,
IV, and V and the provisions of sections 701, 703, and 1017
are enacted by the Congress--
(1) as an exercise of the rulemaking power
of the House of Representatives and the Senate,
respectively, and as such they shall be
considered as part of the rules of each House,
respectively, or of that House to which they
specifically apply, and such rules shall
supersede other rules only to the extent that
they are inconsistent therewith; and
(2) with full recognition of the
constitutional right of either House to change
such rules (so far as relating to such House) at
any time, in the same manner, and to the same
extent as in the case of any other rule of such
House.
(b) Any provision of title III or IV may be waived or
suspended in the Senate by a majority vote of the Members
voting, a quorum being present, or by the unanimous consent
of the Senate.
(c) Waivers.--
(1) Permanent.--Sections 305(b)(2),
305(c)(4), 306, 310(d)(2), 313, 904(c), and
904(d) of this Act may be waived or suspended in
the Senate only by the affirmative vote of
three-fifths of the Members, duly chosen and
sworn.
(2) Temporary.--Sections 301(i), 302(c),
302(f), 310(g), 311(a), 312(b), and 312(c) of
this Act and sections 258(a)(4)(C),
258A(b)(3)(C)(I) \1\, 258B(f)(1), 258B(h)(1),
258(h)(3) \2\, 258C(a)(5), and 258C(b)(1) of the
Balanced Budget and Emergency Deficit Control
Act of 1985 may be waived or suspended in the
Senate only by the affirmative vote of three-
fifths of the Members, duly chosen and sworn.
\1\ So in law. Probably should read
``258A(b)(3)(C)(i)''.
\1\ So in law. Probably should read ``258B(h)(3)''.
(d) Appeals.--
(1) Procedure.--Appeals in the Senate from
the decisions of the Chair relating to any
provision of title III or IV or section 1017
shall, except as otherwise provided therein, be
limited to 1 hour, to be equally divided
between, and controlled by, the mover and the
manager of the resolution, concurrent
resolution, reconciliation bill, or rescission
bill, as the case may be.
(2) Permanent.--An affirmative vote of
three-fifths of the Members, duly chosen and
sworn, shall be required in the Senate to
sustain an appeal of the ruling of the Chair on
a point of order raised under sections
305(b)(2), 305(c)(4), 306, 310(d)(2), 313,
904(c), and 904(d) of this Act.
(3) Temporary.--An affirmative vote of
three-fifths of the Members, duly chosen and
sworn, shall be required in the Senate to
sustain an appeal of the ruling of the Chair on
a point of order raised under sections 301(i),
302(c), 302(f), 310(g), 311(a), 312(b), and
312(c) of this Act and sections 258(a)(4)(C),
258A(b)(3)(C)(I) \1\, 258B(f)(1), 258B(h)(1),
258(h)(3) \2\, 258C(a)(5), and 258C(b)(1) of the
Balanced Budget and Emergency Deficit Control
Act of 1985.
(e) Expiration of Certain Supermajority Voting
Requirements.--Subsections (c)(2) and (d)(3) shall expire on
September 30, 2002.
399.39-32 Referral of matters dealing with rescissions and deferrals.
On January 30, 1975, the Senate agreed to the following
resolution, which provides for the referral of matters
dealing with rescissions and deferrals:
Resolved (1) That messages received pursuant to title X
of the Congressional Budget and Impoundment Control Act 12
U.S.C. 681-2 U.S.C. 688] be referred concurrently to the
Appropriations Committee, to the Budget Committee, and to
any other appropriate authorizing committee.
(2) That bills, resolutions, and joint resolutions
introduced with respect to rescissions and deferrals shall
be referred to the Appropriations Committee, the Budget
Committee, and pending implementation of section 410 of the
Congressional Budget Impoundment Control act [should be
section 401, 2 U.S.C. 651] and subject to section 401(d) [2
U.S.C. 651(d)], to any other committee exercising
jurisdiction over contract and borrowing authority programs
as defined by section 401(c)(2) (A) and (B) [2 U.S.C.
651(c)(2) (A) and (B)]. The Budget Committee and such other
Committees shall report their views, if any, to the
Appropriations Committee within 20 days following referral
of such bills, resolutions, or joint resolutions. The Budget
Committee's consideration shall extend only to macroeconomic
implications, impact on priorities and aggregate spending
levels, and the legality of the President's use of the
deferral and rescisions mechanism under title X. The
Appropriations and authorizing committees shall exercise
their normal responsibilities over programs and priorities.
(3) If any Committee to which a bill or resolution has
been referred recommends its passage, the Appropriations
Committee shall report that bill or resolution together with
its views and reports of the Budget and any appropriate
authorizing committees to the Senate within:
(A) the time remaining under the Act in the
case of recisions, or
(B) within 20 days in the case of deferrals.
(4) The 20 days period referred to herein means 20
calendar days; and for the purposes of computing the 20
days, recesses or adjournments of the Senate for more than 3
days to a day certain shall not be counted; and for recesses
and adjournments of more than 30 calendar days, continuous
duration or the sine die adjournment of a session, the 20
day period shall begin anew on the day following the
reconvening of the Senate. (S. Res. 45, 94-1, Jan 30, 1975,
121 Cong. Rec. 1917, amended by unanimous consent, Apr. 11,
1986, Cong. Rec., p. 4157, daily ed).
399.39-33 Joint referral of legislation affecting the budget process.
On August 4, 1977, the Senate agreed to an order
providing that legislation affecting the congressional
budget process be referred jointly to the Committee on the
Budget and the Committee on Governmental Affairs and that,
if one committee reports a jointly referred measure, the
other must act on the measure within 30 calendar days of
continuous possession or be automatically discharged from
further consideration of the measure:
Legislative proposals affecting the congressional budget
process to which this order applies are:
First. The functions, duties, and powers of the Budget
Committee--as described in title I of the . . .
[Congressional Budget and Impoundment Control Act of 1974];
Second. The functions, duties, and powers of the
Congressional Budget Office--as described in title II and IV
of the act [2 U.S.C. 601-603; 2 U.S.C. 651-653];
Third. The process by which Congress annually
establishes the appropriate levels of budget authority,
outlays, revenues, deficits or surpluses, and public debt--
including subdivisions thereof. That process includes the
establishment of: mandatory ceilings on spending and
appropriations; a floor on revenues; timetables for
congressional action on concurrent resolutions, on the
reporting of authorization bills, and on the enactment of
appropriation bills; and enforcement mechanisms for the
limits and timetables, all as described in title III and IV
of the act [2 U.S.C. 631-641; 2 U.S.C. 651-653].
Fourth. The limiting of backdoor spending devices--as
described in title IV of the act [2 U.S.C. 651-653];
Fifth. The timetables for Presidential submission of
appropriations and authorization requests--as described in
title VI of the act [repealed, with portions being codified
in sections 1105, 1109, and 1110 of title 31, United States
Code];
Sixth. The definitions of what constitutes impoundment--
such as ``rescisions'' and ``deferrals,'' as provided in the
Impoundment Control Act, title X [2 U.S.C. 681-688];
Seventh. The process and determination by which
impoundments must be reported to and considered by
Congress--as provided in the Impoundment Control Act, title
X [2 U.S.C. 681-688];
Eighth. The mechanisms to insure Executive compliance
with the provisions of the Impoundment Control Act, title X
[2 U.S.C. 681-688]--such as GAO review and lawsuits; and
Ninth. The provisions which affect the content or
determination of amounts included in or excluded from the
congressional budget or the calculation of such amounts,
including the definition of terms provided by the Budget
Act--as set forth in title I thereof [2 U.S.C. 622]. (By
unanimous consent, Aug. 4, 1977; Cong. Rec., p. S13553,
daily ed.)
Constitutionality of Line Item Veto
The United States Supreme Court, in Clinton v. City of
New York, U.S. Dist. Col. 1998, 118 S.Ct. 2091, 141 L.Ed. 2d
393, found that the Line Item Veto Act of 1996, Pub. L. 104-
130, April 9, 1996, 110 Stat. 1200, which is classified
generally to Subchapter III of Chapter 17B (section 691 et
seq.) of Title 2 was unconstitutional as a violation of the
Presentment Clause of the United States Constitution (USCA
Const. Art. I Sec. 7, cl. 2).
399.39-34 Sec. 691. Line item veto authority.
(a) In general
Notwithstanding the provisions of subchapters I and II
of this chapter, and subject to the provisions of this
subchapter, the President may, with respect to any bill or
joint resolution that has been signed into law pursuant to
Article I, section 7, of the Constitution of the United
States, cancel in whole--
(1) any dollar amount of discretionary
budget authority.
(2) any item of new direct spending; or
(3) any limited tax benefit;
if the President--
(A) determines that such cancellation will--
(i) reduce the Federal budget deficit;
(ii) not impair any essential Government
functions; and
(iii) not harm the national interest;
and
(B) notifies the Congress of such
cancellation by transmitting a special message,
in accordance with section 691a of this title,
within five calendar days (excluding Sundays)
after the enactment of the law providing the
dollar amount of discretionary budget authority,
item of new direct spending, or limited tax
benefit that was canceled.
(b) Identification of cancellations
In identifying dollar amounts of discretionary budget
authority, items of new direct spending, and limited tax
benefits for cancellation, the President shall--
(1) consider the legislative history,
construction, and purposes of the law which
contains such dollar amounts, items, or
benefits;
(2) consider any specific sources of
information referenced in such law or, in the
absence of specific sources of information, the
best available information; and
(3) use the definitions contained in section
691e of this title in applying this part to the
specific provisions of such law.
(c) Exception for disapproval bills
The authority granted by subsection (a) of this section
shall not apply to any dollar amount of discretionary budget
authority, item of new direct spending, or limited tax
benefit contained in any law that is a disapproval bill as
defined in section 691e of this title. (Pub. L. 93-344,
Title X, Sec. 1021, as added Pub. L. 104-130, Sec. 2(a),
Apr. 9, 1996, 110 Stat. 1200.)
399.39-34a Sec. 691a. Special messages.
(a) In general
For each law from which a cancellation has been made
under this subchapter, the President shall transmit a single
special message to the Congress.
(b) Contents
(1) The special message shall specify--
(A) the dollar amount of discretionary
budget authority, item of new direct spending,
or limited tax benefit which has been canceled,
and provide a corresponding reference number for
each cancellation;
(B) the determinations required under
section 691(a) of this title, together with any
supporting material;
(C) the reasons for the cancellation;
(D) to the maximum extent practicable, the
estimated fiscal, economic, and budgetary effect
of the cancellation;
(E) all facts, circumstances and
considerations relating to or bearing upon the
cancellation, and to the maximum extent
practicable, the estimated effect of the
cancellation upon the objects, purposes and
programs for which the canceled authority was
provided; and
(F) include the adjustments that will be
made pursuant to section 691c of this title to
the discretionary spending limits under section
901(c) of this title and an evaluation of the
effects of those adjustments upon the
sequestration procedures of section 901 of this
title.
(2) In the case of a cancellation of any dollar amount
of discretionary budget authority or item of new direct
spending, the special message shall also include, if
applicable--
(A) any account, department, or
establishment of the Government for which such
budget authority was to have been available for
obligation and the specific project or
governmental functions involved;
(B) the specific States and congressional
districts, if any, affected by the cancellation;
and
(C) the total number of cancellations
imposed during the current session of Congress
on States and congressional districts identified
in subparagraph (B).
(c) Transmission of special messages to House and Senate
(1) The President shall transmit to the Congress each
special message under this subchapter within five calendar
days (excluding Sundays) after enactment of the law to which
the cancellation applies. Each special message shall be
transmitted to the House of Representatives and the Senate
on the same calendar day. Such special message shall be
delivered to the Clerk of the House of Representatives if
the House is not in session, and to the Secretary of the
Senate if the Senate is not in session.
(2) Any special message transmitted under this
subchapter shall be printed in the first issue of the
Federal Register published after such transmittal. (Pub. L.
93-344, Title X, Sec. 1022, as added Pub. L. 104-130,
Sec. 2(a), Apr. 9, 1996, 110 Stat. 1201, and amended Pub. L.
105-33, Title X, Sec. 10121(a), Aug. 5, 1997, 111 Stat.
696.)
399.39-34b Sec. 691b. Cancellation effective unless disapproved.
(a) In general
The cancellation of any dollar amount of discretionary
budget authority, item of new direct spending, or limited
tax benefit shall take effect upon receipt in the House of
Representatives and the Senate of the special message
notifying the Congress of the cancellation. If a disapproval
bill for such special message is enacted into law, then all
cancellations disapproved in that law shall be null and void
and any such dollar amount of discretionary budget
authority, item of new direct spending, or limited tax
benefit shall be effective as of the original date provided
in the law to which the cancellation applied.
(b) Commensurate reductions in discretionary budget
authority
Upon the cancellation of a dollar amount of
discretionary budget authority under subsection (a) of this
section, the total appropriation for each relevant account
of which that dollar amount is a part shall be
simultaneously reduced by the dollar amount of that
cancellation. (Pub. L. 93-344, Title X, Sec. 1023, as added
Pub. L. 104-130, Sec. 2(a), Apr. 9, 1996, 110 Stat. 1202.)
399.39-34c Sec. 691c. Deficit reduction.
(a) In general
(1) Discretionary budget authority
OMB shall, for each dollar amount of
discretionary budget authority and for each item
of new direct spending canceled from an
appropriation law under section 691(a) of this
title--
(A) reflect the reduction that results
from such cancellation in the estimates
required by section 901(a)(7) of this title
in accordance with that Act, including an
estimate of the reduction of the budget
authority and the reduction in outlays
flowing from such reduction of budget
authority for each outyear; and
(B) include a reduction to the
discretionary spending limits for budget
authority and outlays in accordance with the
Balanced Budget and Emergency Deficit
Control Act of 1985 for each applicable
fiscal year set forth in section 901(c) of
this title by amounts equal to the amounts
for each fiscal year estimated pursuant to
subparagraph (A).
(2) Direct spending and limited tax benefits
(A) OMB shall, for each item of new direct
spending or limited tax benefit canceled from a
law under section 691(a) of this title, estimate
the deficit decrease caused by the cancellation
of such item or benefit in that law and include
such estimate as a separate entry in the report
prepared pursuant to section 902(d) of this
title.
(B) OMB shall not include any change in the
deficit resulting from a cancellation of any
item of new direct spending or limited tax
benefit, or the enactment of a disapproval bill
for any such cancellation, under this part in
the estimates and reports required by sections
902(b) and 904 of this title.
(b) Adjustments to spending limits
After ten calendar days (excluding Sundays) after the
expiration of the time period in section 691d(b)(l) of this
title for expedited congressional consideration of a
disapproval bill for a special message containing a
cancellation of discretionary budget authority, OMB shall
make the reduction included in subsection (a)(1)(B) of this
section as part of the next sequester report required by
section 904 of this title.
(c) Exception
Subsection (b) of this section shall not apply to a
cancellation if a disapproval bill or other law that
disapproves that cancellation is enacted into law prior to
10 calendar days (excluding Sundays) after the expiration of
the time period set forth in section 691d(b)(1) of this
title.
(d) Congressional Budget Office estimates
As soon as practicable after the President makes a
cancellation from a law under section 691(a) of this title,
the Director of the Congressional Budget Office shall
provide the Committees on the Budget of the House of
Representatives and the Senate with an estimate of the
reduction of the budget authority and the reduction in
outlays flowing from such reduction of budget authority for
each outyear. (Pub. L. 93-344, Title X, Sec. 1024, as added
Pub. L. 104-130, Sec. 2(a), Apr. 9, 1996, 110 Stat. 1202,
and amended Pub. L. 105-33, Title X, Sec. 10121(b), Aug. 5,
1997, 111 Stat. 696.)
399.39-34d Sec. 691d. Expedited congressional consideration of
disapproval bills.
(a) Receipt and referral of special message
Each special message transmitted under this subchapter
shall be referred to the Committee on the Budget and the
appropriate committee or committees of the Senate and the
Committee on the Budget and the appropriate committee or
committees of the House of Representatives. Each such
message shall be printed as a document of the House of
Representatives.
(b) Time period for expedited procedures
(1) There shall be a congressional review period of 30
calendar days of session, beginning on the first calendar
day of session after the date on which the special message
is received in the House of Representatives and the Senate,
during which the procedures contained in this section shall
apply to both Houses of Congress.
(2) In the House of Representatives the procedures set
forth in this section shall not apply after the end of the
period described in paragraph (1).
(3) If Congress adjourns at the end of a Congress prior
to the expiration of the period described in paragraph (1)
and a disapproval bill was then pending in either House of
Congress or a committee thereof (including a conference
committee of the two Houses of Congress), or was pending
before the President, a disapproval bill for the same
special message may be introduced within the first five
calendar days of session of the next Congress and shall be
treated as a disapproval bill under this subchapter, and the
time period described in paragraph (1) shall commence on the
day of introduction of that disapproval bill.
(c) Introduction of disapproval bills
(1) In order for a disapproval bill to be considered
under the procedures set forth in this section, the bill
must meet the definition of a disapproval bill and must be
introduced no later than the fifth calendar day of session
following the beginning of the period described in
subsection (b)(1) of this section.
(2) In the case of a disapproval bill introduced in the
House of Representatives, such bill shall include in the
first blank space referred to in section 691e(6)(C) of this
title a list of the reference numbers for all cancellations
made by the President in the special message to which such
disapproval bill relates.
(d) Consideration in the House of Representatives
(1) Any committee of the House of Representatives to
which a disapproval bill is referred shall report it without
amendment, and with or without recommendation, not later
than the seventh calendar day of session after the date of
its introduction. If any committee fails to report the bill
within that period, it is in order to move that the House
discharge the committee from further consideration of the
bill, except that such a motion may not be made after the
committee has reported a disapproval bill with respect to
the same special message. A motion to discharge may be made
only by a Member favoring the bill (but only at a time or
place designated by the Speaker in the legislative schedule
of the day after the calendar day on which the Member
offering the motion announces to the House his intention to
do so and the form of the motion). The motion is highly
privileged. Debate thereon shall be limited to not more than
one hour, the time to be divided in the House equally
between a proponent and an opponent. The previous question
shall be considered as ordered on the motion to its adoption
without intervening motion. A motion to reconsider the vote
by which the motion is agreed to or disagreed to shall not
be in order.
(2) After a disapproval bill is reported or a committee
has been discharged from further consideration, it is in
order to move that the House resolve into the Committee of
the Whole House on the State of the Union for consideration
of the bill. If reported and the report has been available
for at least one calendar day, all points of order against
the bill and against consideration of the bill are waived.
If discharged, all points of order against the bill and
against consideration of the bill are waived. The motion is
highly privileged. A motion to reconsider the vote by which
the motion is agreed to or disagreed to shall not be in
order. During consideration of the bill in the Committee of
the Whole, the first reading of the bill shall be dispensed
with. General debate shall proceed, shall be confined to the
bill, and shall not exceed one hour equally divided and
controlled by a proponent and an opponent of the bill. The
bill shall be considered as read for amendment under the
five-minute rule. Only one motion to rise shall be in order,
except if offered by the manager. No amendment to the bill
is in order, except any Member if supported by 49 other
Members (a quorum being present) may offer an amendment
striking the reference number or numbers of a cancellation
or cancellations from the bill. Consideration of the bill
for amendment shall not exceed one hour excluding time for
recorded votes and quorum calls. No amendment shall be
subject to further amendment, except pro forma amendments
for the purposes of debate only. At the conclusion of the
consideration of the bill for amendment, the Committee shall
rise and report the bill to the House with such amendments
as may have been adopted. The previous question shall be
considered as ordered on the bill and amendments thereto to
final passage without intervening motion. A motion to
reconsider the vote on passage of the bill shall not be in
order.
(3) Appeals from decisions of the Chair regarding
application of the rules of the House of Representatives to
the procedure relating to a disapproval bill shall be
decided without debate.
(4) It shall not be in order to consider under this
subsection more than one disapproval bill for the same
special message except for consideration of a similar Senate
bill (unless the House has already rejected a disapproval
bill for the same special message) or more than one motion
to discharge described in paragraph (1) with respect to a
disapproval bill for that special message.
(e) Consideration in the Senate
(1) Referral and reporting
Any disapproval bill introduced in the
Senate shall be referred to the appropriate
committee or committees. A committee to which a
disapproval bill has been referred shall report
the bill not later than the seventh day of
session following the date of introduction of
that bill. If any committee fails to report the
bill within that period, that committee shall be
automatically discharged from further
consideration of the bill and the bill shall be
placed on the Calendar.
(2) Disapproval bill from House
When the Senate receives from the House of
Representatives a disapproval bill, such bill
shall not be referred to committee and shall be
placed on the Calendar.
(3) Consideration of single disapproval bill
After the Senate has proceeded to the
consideration of a disapproval bill for a
special message, then no other disapproval bill
originating in that same House relating to that
same message shall be subject to the procedures
set forth in this subsection.
(4) Amendments
(A) Amendments in order
The only amendments in order to a
disapproval bill are--
(i) an amendment that strikes
the reference number of a
cancellation from the disapproval
bill; and
(ii) an amendment that only
inserts the reference number of a
cancellation included in the special
message to which the disapproval
bill relates that is not already
contained in such bill.
(B) Waiver or appeal
An affirmative vote of three-fifths of
the Senators, duly chosen and sworn, shall
be required in the Senate--
(i) to waive or suspend this
paragraph; or
(ii) to sustain an appeal of the
ruling of the Chair on a point of
order raised under this paragraph.
(5) Motion nondebatable
A motion to proceed to consideration of a
disapproval bill under this subsection shall not
be debatable. It shall not be in order to move
to reconsider the vote by which the motion to
proceed was adopted or rejected, although
subsequent motions to proceed may be made under
this paragraph.
(6) Limit on consideration
(A) After no more than 10 hours of
consideration of a disapproval bill, the Senate
shall proceed, without intervening action or
debate (except as permitted under paragraph
(9)), to vote on the final disposition thereof
to the exclusion of all amendments not then
pending and to the exclusion of all motions,
except a motion to reconsider or to table.
(B) A single motion to extend the time for
consideration under subparagraph (A) for no more
than an additional five hours is in order prior
to the expiration of such time and shall be
decided without debate.
(C) The time for debate on the disapproval
bill shall be equally divided between the
Majority Leader and the Minority Leader or their
designees.
(7) Debate on amendments
Debate on any amendment to a disapproval
bill shall be limited to one hour, equally
divided and controlled by the Senator proposing
the amendment and the majority manager, unless
the majority manager is in favor of the
amendment, in which case the minority manager
shall be in control of the time in opposition.
(8) No motion to recommit
A motion to recommit a disapproval bill
shall not be in order.
(9) Disposition of Senate disapproval bill
If the Senate has read for the third time a
disapproval bill that originated in the Senate,
then it shall be in order at any time thereafter
to move to proceed to the consideration of a
disapproval bill for the same special message
received from the House of Representatives and
placed on the Calendar pursuant to paragraph
(2), strike all after the enacting clause,
substitute the text of the Senate disapproval
bill, agree to the Senate amendment, and vote on
final disposition of the House disapproval bill,
all without any intervening action or debate.
(10) Consideration of House message
Consideration in the Senate of all motions,
amendments, or appeals necessary to dispose of a
message from the House of Representatives on a
disapproval bill shall be limited to not more
than four hours. Debate on each motion or
amendment shall be limited to 30 minutes. Debate
on any appeal or point of order that is
submitted in connection with the disposition of
the House message shall be limited to 20
minutes. Any time for debate shall be equally
divided and controlled by the proponent and the
majority manager, unless the majority manager is
a proponent of the motion, amendment, appeal, or
point of order, in which case the minority
manager shall be in control of the time in
opposition.
(f) Consideration in conference
(1) Convening of conference
In the case of disagreement between the two
Houses of Congress with respect to a disapproval
bill passed by both Houses, conferees should be
promptly appointed and a conference promptly
convened, if necessary.
(2) House consideration
(A) Notwithstanding any other rule of the
House of Representatives, it shall be in order
to consider the report of a committee of
conference relating to a disapproval bill
provided such report has been available for one
calendar day (excluding Saturdays, Sundays, or
legal holidays, unless the House is in session
on such a day) and the accompanying statement
shall have been filed in the House.
(B) Debate in the House of Representatives
on the conference report and any amendments in
disagreement on any disapproval bill shall each
be limited to not more than one hour equally
divided and controlled by a proponent and an
opponent. A motion to further limit debate is
not debatable. A motion to recommit the
conference report is not in order, and it is not
in order to move to reconsider the vote by which
the conference report is agreed to or disagreed
to.
(3) Senate consideration
Consideration in the Senate of the
conference report and any amendments in
disagreement on a disapproval bill shall be
limited to not more than four hours equally
divided and controlled by the Majority Leader
and the Minority Leader or their designees. A
motion to recommit the conference report is not
in order.
(4) Limits on scope
(A) When a disagreement to an amendment in
the nature of a substitute has been referred to
a conference, the conferees shall report those
cancellations that were included in both the
bill and the amendment, and may report a
cancellation included in either the bill or the
amendment, but shall not include any other
matter.
(B) When a disagreement on an amendment or
amendments of one House to the disapproval bill
of the other House has been referred to a
committee of conference, the conferees shall
report those cancellations upon which both
Houses agree and may report any or all of those
cancellations upon which there is disagreement,
but shall not include any other matter.
(Pub. L. 93-344, Title X, Sec. 1025, as added Pub. L. 104-
130, Sec. 2(a), Apr. 9, 1996, 110 Stat. 1203.)
399.39-34e Sec. 691e. Definitions.
As used in this subchapter:
(1) Appropriation law
The term ``appropriation law'' means an
Act referred to in section 105 of title 1,
including any general or special
appropriation Act, or any Act making
supplemental, deficiency, or continuing
appropriations, that has been signed into
law pursuant to Article I, section 7, of the
Constitution of the United States.
(2) Calendar day
The term ``calendar day'' means a
standard 24-hour period beginning at
midnight.
(3) Calendar days of session
The term ``calendar days of session''
shall mean only those days on which both
Houses of Congress are in session.
(4) Cancel
The term ``cancel'' or ``cancellation''
means--
(A) with respect to any dollar
amount of discretionary budget
authority, to rescind;
(B) with respect to any item of
new direct spending--
(i) that is budget
authority provided by law
(other than an appropriation
law), to prevent such budget
authority from having legal
force or effect;
(ii) that is entitlement
authority, to prevent the
specific legal obligation of
the United States from
having legal force or
effect; or
(iii) through the food
stamp program, to prevent
the specific provision of
law that results in an
increase in budget authority
or outlays for that program
from having legal force or
effect; and
(C) with respect to a limited
tax benefit, to prevent the specific
provision of law that provides such
benefit from having legal force or
effect.
(5) Direct spending
The term ``direct spending'' means--
(A) budget authority provided by
law (other than an appropriation
law);
(B) entitlement authority; and
(C) the food stamp program.
(6) Disapproval bill
The term ``disapproval bill'' means a
bill or joint resolution which only
disapproves one or more cancellations of
dollar amounts of discretionary budget
authority, items of new direct spending, or
limited tax benefits in a special message
transmitted by the President under this
subchapter and--
(A) the title of which is as
follows: ``A bill disapproving the
cancellations transmitted by the
President on ____'', the blank space
being filled in with the date of
transmission of the relevant special
message and the public law number to
which the message relates;
(B) which does not have a
preamble; and
(C) which provides only the
following after the enacting clause:
``That Congress disapproves of
cancellations ____'', the blank
space being filled in with a list by
reference number of one or more
cancellations contained in the
President's special message, ``as
transmitted by the President in a
special message on ____'', the blank
space being filled in with the
appropriate date, ``regarding
____.'', the blank space being
filled in with the public law number
to which the special message
relates.
(7) Dollar amount of discretionary budget
authority
(A) Except as provided in subparagraph
(B), the term ``dollar amount of
discretionary budget authority'' means the
entire dollar amount of budget authority--
(i) specified in an
appropriation law, or the entire
dollar amount of budget authority
required to be allocated by a
specific proviso in an appropriation
law for which a specific dollar
figure was not included;
(ii) represented separately in
any table, chart, or explanatory
text included in the statement of
managers or the governing committee
report accompanying such law;
(iii) required to be allocated
for a specific program, project, or
activity in a law (other than an
appropriation law) that mandates the
expenditure of budget authority from
accounts, programs, projects, or
activities for which budget
authority is provided in an
appropriation law;
(iv) represented by the product
of the estimated procurement cost
and the total quantity of items
specified in an appropriation law or
included in the statement of
managers or the governing committee
report accompanying such law; or
(v) represented by the product
of the estimated procurement cost
and the total quantity of items
required to be provided in a law
(other than an appropriation law)
that mandates the expenditure of
budget authority from accounts,
programs, projects, or activities
for which budget authority is
provided in an appropriation law.
(B) The term ``dollar amount of
discretionary budget authority'' does not
include--
(i) direct spending;
(ii) budget authority in an
appropriation law which funds direct
spending provided for in other law;
(iii) any existing budget
authority rescinded or canceled in
an appropriation law; or
(iv) any restriction, condition,
or limitation in an appropriation
law or the accompanying statement of
managers or committee reports on the
expenditure of budget authority for
an account, program, project, or
activity, or on activities involving
such expenditure.
(8) Item of new direct spending
The term ``item of new direct spending''
means any specific provision of law that is
estimated to result in an increase in budget
authority or outlays for direct spending
relative to the most recent levels
calculated pursuant to section 257 of the
Balanced Budget and Emergency Deficit
Control Act of 1985.
(9) Limited tax benefit
(A) The term ``limited tax benefit''
means--
(i) any revenue-losing provision
which provides a Federal tax
deduction, credit, exclusion, or
preference to 100 or fewer
beneficiaries under title 26 in any
fiscal year for which the provision
is in effect; and
(ii) any Federal tax provision
which provides temporary or
permanent transitional relief for 10
or fewer beneficiaries in any fiscal
year from a change to title 26.
(B) A provision shall not be treated as
described in subparagraph (A)(i) if the
effect of that provision is that--
(i) all persons in the same
industry or engaged in the same type
of activity receive the same
treatment;
(ii) all persons owning the same
type of property, or issuing the
same type of investment, receive the
same treatment; or
(iii) any difference in the
treatment of persons is based solely
on--
(I) in the case of
businesses and associations,
the size or form of the
business or association
involved;
(II) in the case of
individuals, general
demographic conditions, such
as income, marital status,
number of dependents, or tax
return filing status;
(III) the amount
involved; or
(IV) a generally-
available election under
title 26.
(C) A provision shall not be treated as
described in subparagraph (A)(ii) if--
(i) it provides for the
retention of prior law with respect
to all binding contracts or other
legally enforceable obligations in
existence on a date contemporaneous
with congressional action specifying
such date; or
(ii) it is a technical
correction to previously enacted
legislation that is estimated to
have no revenue effect.
(D) For purposes of subparagraph (A)--
(i) all businesses and
associations which are related
within the meaning of sections
707(b) and 1563(a) of title 26 shall
be treated as a single beneficiary;
(ii) all qualified plans of an
employer shall be treated as a
single beneficiary;
(iii) all holders of the same
bond issue shall be treated as a
single beneficiary; and
(iv) if a corporation,
partnership, association, trust or
estate is the beneficiary of a
provision, the shareholders of the
corporation, the partners of the
partnership, the members of the
association, or the beneficiaries of
the trust or estate shall not also
be treated as beneficiaries of such
provision.
(E) For purposes of this paragraph, the
term ``revenue-losing provision'' means any
provision which results in a reduction in
Federal tax revenues for any one of the two
following periods--
(i) the first fiscal year for
which the provision is effective; or
(ii) the period of the 5 fiscal
years beginning with the first
fiscal year for which the provision
is effective.
(F) The terms used in this paragraph
shall have the same meaning as those terms
have generally in title 26, unless otherwise
expressly provided.
(10) OMB
The term ``OMB'' means the Director of
the Office of Management and Budget. (Pub.
L. 93-344, Title X, Sec. 1026, as added Pub.
L. 104-130, Sec. 2(a), Apr. 9, 1996, 110
Stat. 1207, and amended Pub. L. 105-33,
Title X, Sec. 10122, Aug. 5, 1997, 111 Stat.
697.)
399.39-34f Sec. 691f. Identification of limited tax benefits.
(a) Statement by Joint Tax Committee
The Joint Committee on Taxation shall review any revenue
or reconciliation bill or joint resolution which includes
any amendment to title 26 that is being prepared for filing
by a committee of conference of the two Houses, and shall
identify whether such bill or joint resolution contains any
limited tax benefits. The Joint Committee on Taxation shall
provide to the committee of conference a statement
identifying any such limited tax benefits or declaring that
the bill or joint resolution does not contain any limited
tax benefits. Any such statement shall be made available to
any Member of Congress by the Joint Committee on Taxation
immediately upon request.
(b) Statement included in legislation
(1) Notwithstanding any other rule of the House of
Representatives or any rule or precedent of the Senate, any
revenue or reconciliation bill or joint resolution which
includes any amendment to title 26 reported by a committee
of conference of the two Houses may include, as a separate
section of such bill or joint resolution, the information
contained in the statement of the Joint Committee on
Taxation, but only in the manner set forth in paragraph (2).
(2) The separate section permitted under paragraph (1)
shall read as follows: ``Section 1021(a)(3) of the
Congressional Budget and Impoundment Control Act of 1974 [7
U.S.C. 691(a)(3)] shall ____ apply to ____.'', with the
blank spaces being filled in with--
(A) in any case in which the Joint Committee
on Taxation identifies limited tax benefits in
the statement required under subsection (a) of
this section, the word ``only'' in the first
blank space and a list of all of the specific
provisions of the bill or joint resolution
identified by the Joint Committee on Taxation in
such statement in the second blank space; or
(B) in any case in which the Joint Committee
on Taxation declares that there are no limited
tax benefits in the statement required under
subsection (a) of this section, the word ``not''
in the first blank space and the phrase ``any
provision of this Act'' in the second blank
space.
(c) President's authority
If any revenue or reconciliation bill or joint
resolution is signed into law pursuant to Article I, section
7, of the Constitution of the United States--
(1) with a separate section described in
subsection (b)(2) of this section, then the
President may use the authority granted in
section 691(a)(3) of this title only to cancel
any limited tax benefit in that law, if any,
identified in such separate section; or
(2) without a separate section described in
subsection (b)(2) of this section, then the
President may use the authority granted in
section 691(a)(3) of this title to cancel any
limited tax benefit in that law that meets the
definition in section 691e of this title.
(d) Congressional identifications of limited tax benefits
There shall be no judicial review of the congressional
identification under subsections (a) and (b) of this section
of a limited tax benefit in a conference report. (Pub. L.
93-344, Title X, Sec. 1027, as added Pub. L. 104-130,
Sec. 2(a), Apr. 9, 1996, 110 Stat. 1210.)
399.39-35 Sec. 692. Judicial review.
(a) Expedited review
(1) Any Member of Congress or any individual adversely
affected, by this subchapter may bring an action, in the
United States District Court for the District of Columbia,
for declaratory judgment and injunctive relief on the ground
that any provision of this part violates the Constitution.
(2) A copy of any complaint in an action brought under
paragraph (1) shall be promptly delivered to the Secretary
of the Senate and the Clerk of the House of Representatives,
and each House of Congress shall have the right to intervene
in such action.
(3) Nothing in this section or in any other law shall
infringe upon the right of the House of Representatives to
intervene in an action brought under paragraph (1) without
the necessity of adopting a resolution to authorize such
intervention.
(b) Appeal to Supreme Court
Notwithstanding any other provision of law, any order of
the United States District Court for the District of
Columbia which is issued pursuant to an action brought under
paragraph (1) of subsection (a) of this section shall be
reviewable by appeal directly to the Supreme Court of the
United States. Any such appeal shall be taken by a notice of
appeal filed within 10 calendar days after such order is
entered; and the jurisdictional statement shall be filed
within 30 calendar days after such order is entered. No stay
of an order issued pursuant to an action brought under
paragraph (1) of subsection (a) of this section shall be
issued by a single Justice of the Supreme Court.
(c) Expedited consideration
It shall be the duty of the District Court for the
District of Columbia and the Supreme Court of the United
States to advance on the docket and to expedite to the
greatest possible extent the disposition of any matter
brought under subsection (a) of this section. (Pub. L. 104-
130, Sec. 3, Apr. 9, 1996, 110 Stat. 1211.)
Codification
Section enacted as part of the Line Item Veto Act of Act
of 1996, and not as part of the Congressional Budget and
Impoundment Control Act of 1974.
Effective Date
Section effective January 1, 1997 and not enforceable or
effective on or after January 1, 2005, see section 5 of Pub.
L. 104-130, set out as a note under section 691 of this
title.
Chapter 20.--EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS
Subchapter I.--Elimination of Deficits in Excess of Maximum
Deficit Amount
399.40 Sec. 900. Statement of budget enforcement through
sequestration; definitions.
(a) Omitted
(b) General statement of budget enforcement through
sequestration
This chapter provides for budget enforcement as called
for in House Concurrent Resolution 84 (105th Congress, 1st
session).
(c) Definitions
As used in this subchapter:
(1) The terms ``budget authority,'' ``new
budget authority,'' ``outlays,'' and ``deficit''
have the meanings given to such terms in section
622 of this title and ``discretionary spending
limit'' shall mean the amounts specified in
section 901 of this title.
(2) The terms ``sequester'' and
``sequestration'' refer to or mean the
cancellation of budgetary resources provided by
discretionary appropriations or direct spending
law.
(3) The term ``breach'' means, for any
fiscal year, the amount (if any) by which new
budget authority or outlays for that year
(within a category of discretionary
appropriations) is above that category's
discretionary spending limit for new budget
authority or outlays for that year, as the case
may be.
(4)(A) The term ``category'' means the
subsets of discretionary appropriations in
section 901(c) of this title. Discretionary
appropriations in each of the categories shall
be those designated in the joint explanatory
statement accompanying the conference report on
the Balanced Budget Act of 1997. New accounts or
activities shall be categorized only after
consultation with the Committees on
Appropriations and the Budget of the House of
Representatives and the Senate and that
consultation shall, to the extent practicable,
include written communication to such committees
that affords such committees the opportunity to
comment before official action is taken with
respect to new accounts or activities.
(B) The term ``highway category'' refers to
the following budget accounts or portions
thereof that are subject to the obligation
limitations on contract authority set forth in
the Transportation Equity Act for the 21st
Century:
(i) 69-8083-0-7-401 (Federal-Aid
Highways).
(ii) 69-8020-0-7-401 (Highway Traffic
Safety Grants).
(iii) 69-8048-0-7-401 (National Motor
Carrier Safety Program).
(iv) 69-8016-0-7-401 (Operations and
Research NHTSA).
(C) The term ``mass transit category''
refers to the following budget accounts or
portions thereof that are subject to the
obligation limitations on contract authority
provided in the Transportation Equity Act for
the 21st Century or for which appropriations are
provided pursuant to authorizations contained in
that Act (except that appropriations provided
pursuant to section 5338(h) of title 49, as
amended by the Transportation Equity Act for the
21st Century, shall not be included in this
category):
(i) 69-8191-0-7-401 (Mass Transit
Capital Fund).
(ii) 69-8350-0-7-401 (Trust Fund Share
of Expenses).
(iii) 69-1129-0-1-401 (Formula Grants).
(iv) 69-1120-0-1-401 (Administrative
Expenses).
(v) 69-1136-0-1-401 (University
Transportation Centers).
(vi) 69-1137-0-1-401 (Transit Planning
and Research).
Such term also refers to the Washington Metropolitan
Transit Authority account (69-1128-01-1-401) only
for fiscal year 1999 only for appropriations
provided pursuant to authorizations contained in
section 14 of Public Law 96-184 and Public Law 101-
551.
(D) Special rule:
(i) Any outlays in excess of the
discretionary spending limit set forth in
section 901(c) of this title for the highway or
mass transit category, as adjusted, for the
budget year shall be considered nondefense
category outlays or discretionary category
outlays.
(ii) If the obligation limitations for
accounts in the highway or mass transit category
provided in an appropriation Act for a fiscal
year exceed the obligation limitations set forth
in section 8103 of the Transportation Equity Act
for the 21st Century for that year, as adjusted,
the estimated outlays flowing for each outyear
from such excess obligations calculated pursuant
to clause (iii) shall be attributed to the
discretionary category in that outyear.
(iii) For purposes of clause (ii), outlays
from excess obligations shall be determined
using the average of the spendout rates for that
category in the baseline.
(5) The term ``baseline'' means the
projection (described in section 907 of this
title) of current-year levels of new budget
authority, outlays, receipts, and the surplus or
deficit into the budget year and the outyears.
(6) The term ``budgetary resources'' means
new budget authority, unobligated balances,
direct spending authority, and obligation
limitations.
(7) The term ``discretionary
appropriations'' means budgetary resources
(except to fund direct-spending programs)
provided in appropriation Acts.
(8) The term ``direct spending'' means--
(A) budget authority provided by law
other than appropriation Acts;
(B) entitlement authority; and
(C) the food stamp program.
(9) The term ``current'' means, with respect
to OMB estimates included with a budget
submission under section 1105(a) of title 31,
the estimates consistent with the economic and
technical assumptions underlying that budget and
with respect to estimates made after that budget
submission that are not included with it,
estimates consistent with the economic and
technical assumptions underlying the most
recently submitted President's budget.
(10) The term ``real economic growth'', with
respect to any fiscal year, means the growth in
the gross national product during such fiscal
year, adjusted for inflation, consistent with
Department of Commerce definitions.
(11) The term ``account'' means an item for
which appropriations are made in any
appropriation Act and, for items not provided
for in appropriation Acts, such term means an
item for which there is a designated budget
account identification code number in the
President's budget.
(12) The term ``budget year'' means, with
respect to a session of Congress, the fiscal
year of the Government that starts on October 1
of the calendar year in which that session
begins.
(13) The term ``current year'' means, with
respect to a budget year, the fiscal year that
immediately precedes that budget year.
(14) The term ``outyear'' means, with
respect to a budget year, any of the first 4
fiscal years that follow the budget year.
(15) The term ``OMB'' means the Director of
the Office of Management and Budget.
(16) The term ``CBO'' means the Director of
the Congressional Budget Office.
(17) As used in this subchapter, all
references to entitlement authority shall
include the list of mandatory appropriations
included in the joint explanatory statement of
managers accompanying the conference report on
the Balanced Budget Act of 1997.
(18) The term ``deposit insurance'' refers
to the Federal deposit insurance agencies, and
other Federal agencies supervising insured
depository institutions, resulting from full
funding of, and continuation of, the deposit
insurance guarantee commitment in effect under
current estimates.
(19) The term ``asset sale'' means the sale
to the public of any asset (except for those
assets covered by Title V of the Congressional
Budget Act of 1974), whether physical or
financial, owned in whole or in part by the
United States. (Pub. L. 99-177, Title II,
Sec. 250, as added and amended Pub. L. 101-508,
Title XIII, Sec. 13101(a), (b), Nov. 5, 1990,
104 Stat. 1388-575, 1388-589; Pub. L. 105-33,
Title X, Sec. 10202, Aug. 5, 1997, 111 Stat.
697; Pub. L. 105-178, Title VIII, Sec. 8101(c),
(f), June 9, 1998, 112 Stat. 489, as amended
Pub. L. 105-206, Title IX, Sec. 9013(b), July
22, 1998, 112 Stat. 865.)
Waivers and Suspensions in the Senate
Section 271(b) of Pub. L. 99-177, as amended by Pub. L.
100-119, Title II, Sec. 211, Sept. 29, 1987, 101 Stat. 787,
provided that: ``Sections 301(i), 302(c), 302(f), 304(b),
310(d), 310(g), and 311(a) of the Congressional Budget Act
of 1974 [sections 632(i), 633(c), 633(f), 635(b), 641(d),
641(g), and 642(a) of this title] may be waived or suspended
in the Senate only by the affirmative vote of three-fifths
of the Members, duly chosen and sworn. This subsection shall
not apply to any joint resolution reported or discharged
pursuant to section 254(a) of this joint resolution [section
904(a) of this title].''
[For effective and termination dates of section 271(b)
of Pub. L. 99-177, see section 275(a)(1), (b)(2)(D) of Pub.
L. 99-177, set out as a note above.]
Appeals of Rulings
Section 271(c) of Pub. L. 99-177, as enacted by Pub. L.
100-119, Title II, Sec. 210(a), Sept. 29, 1987, 101 Stat.
787, provided that: ``An affirmative vote of three-fifths of
the Members of the Senate, duly chosen and sworn, shall be
required in the Senate to sustain an appeal of the ruling of
the Chair on a point of order raised under section 301(i),
302(c), 302(f), 304(b), 306, 310(g), or 311(a) of the
Congressional Budget Act of 1974.'' [sections 632(i),
633(c), 633(f), 635(b), 637, 641(d), 641(g), or 642(a) of
this title].
[For effective and termination dates of section 271(c)
of Pub. L. 99-177, see section 275(a)(1), (b)(2)(D) of Pub.
L. 99-177, set out as a note above.]
399.41 Sec. 901. Enforcing discretionary spending limits.
(a) Enforcement
(1) Sequestration
Within 15 calendar days after Congress
adjourns to end a session and on the same day as
a sequestration (if any) under section 902 of
this title and section 903 of this title, there
shall be a sequestration to eliminate a budget-
year breach, if any, within any category.
(2) Eliminating a breach
Each non-exempt account within a category
shall be reduced by a dollar amount calculated
by multiplying the baseline level of
sequestrable budgetary resources in that account
at that time by the uniform percentage necessary
to eliminate a breach within that category;
except that the health programs set forth in
section 906(e) of this title shall not be
reduced by more than 2 percent and the uniform
percent applicable to all other programs under
this paragraph shall be increased (if necessary)
to a level sufficient to eliminate that breach.
If, within a category, the discretionary
spending limits for both new budget authority
and outlays are breached, the uniform percentage
shall be calculated by--
(A) first, calculating the uniform
percentage necessary to eliminate the breach
in new budget authority, and
(B) second, if any breach in outlays
remains, increasing the uniform percentage
to a level sufficient to eliminate that
breach.
(3) Military personnel
If the President uses the authority to
exempt any military personnel from sequestration
under section 905(f) of this title, each account
within subfunctional category 051 (other than
those military personnel accounts for which the
authority provided under section 905(f) of this
title has been exercised) shall be further
reduced by a dollar amount calculated by
multiplying the enacted level of nonexempt
budgetary resources in that account at that time
by the uniform percentage necessary to offset
the total dollar amount by which outlays are not
reduced in military personnel accounts by reason
of the use of such authority.
(4) Part-year appropriations
If, on the date specified in paragraph (1),
there is in effect an Act making or continuing
appropriations for part of a fiscal year for any
budget account, then the dollar sequestration
calculated for that account under paragraphs (2)
and (3) shall be subtracted from--
(A) the annualized amount otherwise
available by law in that account under that
or a subsequent part-year appropriation; and
(B) when a full-year appropriation for
that account is enacted, from the amount
otherwise provided by the full-year
appropriation.
(5) Look-back
If, after June 30, an appropriation for the
fiscal year in progress is enacted that causes a
breach within a category for that year (after
taking into account any sequestration of amounts
within that category, the discretionary spending
limits for that category for the next fiscal
year shall be reduced by the amount or amounts
for that breach.
(6) Within-session sequestration
If an appropriation for a fiscal year in
progress is enacted (after Congress adjourns to
end the session for that budget year and before
July 1 of that fiscal year) that causes a breach
within a category of that year (after taking
into account any prior sequestration of amounts
within that category), 15 days later there shall
be a sequestration to eliminate that breach
within that category following the procedures
set forth in paragraphs (2) through (4).
(7) Estimates
(A) CBO estimates
As soon as practicable after Congress
completes action on any discretionary
appropriation, CBO, after consultation with
the Committees on the Budget of the House of
Representatives and the Senate shall provide
OMB with an estimate of the amount of
discretionary new budget authority and
outlays for the current year (if any) and
the budget year provided by that
legislation.
(B) OMB estimates and explanation of
differences
Not later than 7 calendar days
(excluding Saturdays, Sundays, and legal
holidays) after the date of enactment of any
discretionary appropriation, OMB shall
transmit a report to the House of
Representatives and to the Senate containing
the CBO estimate of that legislation, an OMB
estimate of the amount of discretionary new
budget authority and outlays for the current
year (if any) and the budget year provided
by that legislation, and an explanation of
any difference between the 2 estimates. If
during the preparation of the report OMB
determines that there is a significant
difference between OMB and CBO, OMB shall
consult with the Committees on the Budget of
the House of Representatives and the Senate
regarding that difference and that
consultation shall include, to the extent
practicable, written communication to those
committees that affords such committees the
opportunity to comment before the issuance
of the report.
(C) Assumptions and guidelines
OMB estimates under this paragraph shall
be made using current economic and technical
assumptions. OMB shall use the OMB estimates
transmitted to the Congress under this
paragraph. OMB and CBO shall prepare
estimates under this paragraph in
conformance with scorekeeping guidelines
determined after consultation among the
House and Senate Committees on the Budget,
CBO, and OMB.
(D) Annual appropriations
For purposes of this paragraph, amounts
provided by annual appropriations shall
include any new budget authority and outlays
for the current year (if any) and the budget
authority and outlays for the current year
(if any) and the budget year in accounts for
which funding is provided in that
legislation that result from previously
enacted legislation.
(b) Adjustments to discretionary spending limits
(1) Preview report
(A) Concepts and definitions
When the President submits the budget
under section 1105 of title 31, OMB shall
calculate and the budget shall include
adjustments to discretionary spending limits
(and those limits as cumulatively adjusted)
for the budget year and each outyear to
reflect changes in concepts and definitions.
Such changes shall equal the baseline levels
of new budget authority and outlays using
up-to-date concepts and definitions minus
those levels using the concepts and
definitions in effect before such changes.
Such changes may only be made after
consultation with the Committees on
Appropriations and the Budget of the House
of Representatives and the Senate and that
consultation shall include written
communication to such committees that
affords such committees the opportunity to
comment before official action is taken with
respect to such changes.
(B) Adjustment to align highway spending
with revenues
(i) When the President submits the
budget under section 1105 of title 31, OMB
shall calculate and the budget shall include
adjustments to the highway category for the
budget year and each outyear as provided in
clause (ii)(I)(cc).
(ii)(I)(aa) OMB shall take the actual
level of highway receipts for the year
before the current year and subtract the sum
of the estimated level of highway receipts
in subclause (II) plus any amount previously
calculated under item (bb) for that year.
(bb) OMB shall take the current estimate
of highway receipts for the budget year and
subtract the estimated level of receipts for
that year.
(cc) OMB shall take the sum of the
amounts calculated under items (aa) and
(bb), add that sum to the amount of
obligations set forth in section 8103 of the
Transportation Equity Act for the 21st
Century for the highway category for the
budget year, and calculate the outlay change
resulting from that change in obligations
relative to that amount for the budget year
and each outyear using current estimates.
After making the calculation under the
preceding sentence, OMB shall adjust the
amount of obligations set forth in that
section for the budget year by adding the
sum of the amounts calculated under items
(aa) and (bb).
(II) The estimated level of highway
receipts for the purposes of this clause
are--
(aa) for fiscal year 1998,
$22,164,000,000;
(bb) for fiscal year 1999,
$32,619,000,000;
(cc) for fiscal year 2000,
$28,066,000,000;
(dd) for fiscal year 2001,
$28,506,000,000;
(ee) for fiscal year 2002,
$28,972,000,000; and
(ff) for fiscal year 2003,
$29,471,000,000.
(III) In this clause, the term ``highway
receipts'' means the governmental receipts
credited to the highway account of the
Highway Trust Fund.
(C)(i) In addition to the adjustment
required by subparagraph (B), when the President
submits the budget under section 1105 of title
31 for fiscal years 2000, 2001, 2002, or 2003,
OMB shall calculate and the budget shall include
for the budget year and each outyear an
adjustment to the limits on outlays for the
highway category and the mass transit category
equal to--
(I) the outlays for the applicable
category calculated assuming obligation
levels consistent with the estimates
prepared pursuant to subparagraph levels
consistent with the estimates prepared
pursuant to subparagraph (D), as adjusted,
using current technical assumptions; minus
(II) the outlays for the applicable
category set forth in the subparagraph (D)
estimates, as adjusted.
(ii) The adjustment made pursuant to clause
(i) in the fiscal years 2002 and 2003 budget
submissions of the President under section
1105(a) of title 31 shall not exceed 4 percent
plus cumulative carryovers. In this clause, the
term ``cumulative carryovers'' means the total
of each amount by which outlays for the highway
and mass transit category for any fiscal year
are less than the outlay limit for that
category, as adjusted, for that year less any
amount of carryover used in the previous year.
(D)(i) When OMB and CBO submit their final
sequester report for fiscal year 1999, that
report shall include an estimate of the outlays
for each of the categories that would result in
fiscal years 2000 through 2003 from obligations
at the levels specified in section 8103 of the
Transportation Equity Act for the 21st Century
using current assumptions.
(ii) When the President submits the budget
under section 1105 of title 31 for fiscal years
2000, 2001, 2002, or 2003, OMB shall adjust the
estimates made in clause (i) by the adjustments
by subparagraphs (B) and (C).
(E) OMB shall consult with the Committees on
the Budget and include a report on adjustments
under subparagraphs (B) and (C) in the preview
report.
(2) Sequestration reports
When OMB submits a sequestration report
under section 904(e), (f), or (g) of this title
for a fiscal year, OMB shall calculate, and the
sequestration report and subsequent budgets
submitted by the President under section 1105(a)
of title 31 shall include adjustments to
discretionary spending limits (and those limits
as adjusted) for the fiscal year and each
succeeding year through 2002, as follows:
(A) Emergency appropriations
If, for any fiscal year,
appropriations for discretionary
accounts are enacted that the
President designates as emergency
requirements and that the Congress
so designates in statute, the
adjustment shall be the total of
such appropriations in discretionary
accounts designated as emergency
requirements and the outlays flowing
in all fiscal years from such
appropriations. This subparagraph
shall not apply to appropriations to
cover agricultural crop disaster
assistance.
(B) Special outlay allowance
If, in any fiscal year, outlays
for a category exceed the
discretionary spending limit for
that category but new budget
authority does not exceed its limit
for that category (after application
of the first step of a sequestration
described in subsection (a)(2) of
this section, if necessary), the
adjustment in outlays for a fiscal
year is the amount of the excess but
not to exceed 0.5 percent of the sum
of the adjusted discretionary
spending limits on outlays for that
fiscal year.
(C) Continuing disability reviews
(i) If a bill or joint
resolution making appropriations for
a fiscal year is enacted that
specifies an amount for continuing
disability reviews under the heading
``Limitation on Administrative
Expenses'' for the Social Security
Administration, the adjustments for
that fiscal year shall be the
additional new budget authority
provided in that Act for such
reviews for that fiscal year and the
additional outlays flowing from such
amounts, but shall not exceed--
(I) for fiscal year
1998, $290,000,000 in
additional new budget
authority and $338,000,000
in additional outlays;
(II) for fiscal year
1999, $520,000,000 in
additional new budget
authority and $520,000,000
in additional outlays;
(III) for fiscal year
2000, $520,000,000 in
additional new budget
authority and $520,000,000
in additional outlays;
(IV) for fiscal year
2001, $520,000,000 in
additional new budget
authority and $520,000,000
in additional outlays; and
(V) for fiscal year
2002, $520,000,000 in
additional new budget
authority and $520,000,000
in additional outlays.
(ii) As used in this
subparagraph--
(I) the term
``continuing disability
reviews'' means reviews or
redeterminations as defined
under section 201(g)(1)(A)
of the Social Security Act
[42 U.S.C. 401(g)(1)(A)] and
reviews and redeterminations
authorized under section 211
of the Personal
Responsibility and Work
Opportunity Reconciliation
Act of 1996;
(II) the term
``additional new budget
authority'' means the amount
provided for a fiscal year,
in excess of $200,000,000,
in an appropriations Act and
specified to pay for the
costs of continuing
disability reviews under the
heading ``Limitation on
Administrative Expenses''
for the Social Security
Administration; and
(III) the term
``additional outlays'' means
outlays, in excess of
$200,000,000 in a fiscal
year, flowing from the
amounts specified for
continuing disability
reviews under the heading
``Limitation on
Administrative Expenses''
for the Social Security
Administration, including
outlays in that fiscal year
flowing from amounts
specified in Acts enacted
for prior fiscal years (but
not before 1996).
(D) Allowance for IMF
If an appropriation bill or
joint resolution is enacted for a
fiscal year through 2002 that
includes an appropriation with
respect to clause (i) or (ii), the
adjustment shall be the amount of
budget authority in the measure that
is the dollar equivalent of the
Special Drawing Rights with respect
to--
(i) an increase in the
United States quota as part
of the International
Monetary Fund Eleventh
General Review of Quotas
(United States Quota); or
(ii) any increase in the
maximum amount available to
the Secretary of the
Treasury pursuant to section
17 of the Bretton Woods
Agreement Act, as amended
from time to time (New
Arrangements to Borrow).
(E) Allowance for international
arrearages
(i) Adjustments
If an appropriation bill
or joint resolution is
enacted for fiscal year
1998, 1999, or 2000 that
includes an appropriation
for arrearages for
international organizations,
international peacekeeping,
and multilateral development
banks for that fiscal year,
the adjustment shall be the
amount of budget authority
in that measure and the
outlays flowing in all
fiscal years from that
budget authority.
(ii) Limitations
The total amount of
adjustments made pursuant to
this subparagraph for the
period of fiscal years 1998
through 2000 shall not
exceed $1,884,000,000 in
budget authority.
(F) EITC compliance initiative
If an appropriation bill or
joint resolution is enacted for a
fiscal year that includes an
appropriation for an earned income
tax credit compliance initiative,
the adjustment shall be the amount
of budget authority in that measure
for that initiative and the outlays
flowing in all fiscal years from
that budget authority, but not to
exceed--
(i) with respect to
fiscal year 1998,
$138,000,000 in new budget
authority and $131,000,000
in outlays;
(ii) with respect to
fiscal year 1999,
$143,000,000 in new budget
authority and $143,000,000
in outlays;
(iii) with respect to
fiscal year 2000,
$144,000,000 in new budget
authority and $144,000,000
in outlays;
(iv) with respect to
fiscal year 2001,
$145,000,000 in new budget
authority and $145,000,000
in outlays; and
(v) with respect to
fiscal year 2002,
$146,000,000 in new budget
authority and $146,000,000
in outlays.
(G) Adoption incentive payments
Whenever a bill or joint
resolution making appropriations for
fiscal year 1999, 2000, 2001, 2002,
or 2003 is enacted that specifies an
amount for adoption incentive
payments pursuant to this part for
the Department of Health and Human
Services--
(i) the adjustments for
new budget authority shall
be the amounts of new budget
authority provided in that
measure for adoption
incentive payments, but not
to exceed $20,000,000; and
(ii) the adjustment for
outlays shall be the
additional outlays flowing
from such amount.
(c) Discretionary spending limit
As used in this subchapter, the term ``discretionary
spending limit'' means--
(1) with respect to fiscal year 1997, for
the discretionary category, the current adjusted
limits of new budget authority and outlays;
(2) with respect to fiscal year 1998--
(A) for the defense category:
$269,000,000,000 in new budget authority and
$266,823,000,000 in outlays;
(B) for the nondefense category:
$252,357,000,000 in new budget authority and
$282,853,000,000 in outlays; and
(C) for the violent crime reduction
category: $5,500,000,000 in new budget
authority and $3,592,000,000 in outlays;
(3) with respect to fiscal year 1999--
(A) for the defense category:
$271,500,000,000 in new budget authority and
$266,518,000,000 in outlays;
(B) for the nondefense category:
$255,699,000,000 in new budget authority and
$287,850,000,000 in outlays;
(C) for the violent crime reduction
category: $5,800,000,000 in new budget
authority and $4,953,000,000 in outlays;
(D) for the highway category:
$21,885,000,000 in outlays; and
(E) for the mass transit category:
$4,401,000,000 in outlays;
(4) with respect to fiscal year 2000--
(A) for the discretionary category:
$532,693,000,000 in new budget authority and
$558,711,000,000 in outlays;
(B) for the violent crime reduction
category: $4,500,000,000 in new budget
authority and $5,554,000,000 in outlays;
(C) for the highway category:
$24,436,000,000 in outlays; and
(D) for the mass transit category:
$4,761,000,000 in outlays;
(5) with respect to fiscal year 2001--
(A) for the discretionary category:
$542,032,000,000 in new budget authority and
$564,396,000,000 in outlays;
(B) for the highway category:
$26,204,000,000 in outlays; and
(C) for the mass transit category:
$5,190,000,000 in outlays; and
(6) with respect to fiscal year 2002--
(A) for the discretionary category:
$551,074,000,000 in new budget authority and
$560,799,000,000 in outlays;
(B) for the highway category:
$26,977,000,000 in,outlays; and
(C) for the mass transit category:
$5,709,000,000 in outlays; and
(7) with respect to fiscal year 2003--
(A) for the highway category:
$27,728,000,000 in outlays; and
(B) for the mass transit category:
$6,256,000,000 in outlays.
as adjusted in strict conformance with subsection (b) of
this section. (Pub. L. 99-177, Title II, Sec. 251, Dec. 12,
1985, 99 Stat. 1063; Pub. L. 100-119, Title I, Sec. 102(a),
Sept. 29, 1987, 101 Stat. 754; Pub. L. 100-203, Title VIII,
Sec. 8003(f), Dec. 22, 1987, 101 Stat. 1330-282; Pub. L.
101-508, Title XIII, Sec. 13101(a), Nov. 5, 1990, 104 Stat.
1388-577; Pub. L. 103-66, Title XIV, Sec. 14002(c)(1), Aug.
10, 1993, 107 Stat. 683; Pub. L. 103-87, Title V, Sec. 571,
Sept. 30, 1993, 107 Stat. 971; Pub. L. 103-306, Title V,
Sec. 562, Aug. 23, 1994, 108 Stat. 1649; Pub. L. 103-354,
Title I, Sec. 119(d)(1), Oct. 13, 1994, 108 Stat. 3208; Pub.
L. 104-121, Title I, Sec. 103(b), Mar. 29, 1996, 110 Stat.
848; Pub. L. 104-193, Title II, Sec. 211(d)(5)(B), Aug. 22,
1996, 110 Stat. 2191; Pub. L. 104-208, div. A, Title I,
Sec. 101(c) Title V, Sec. 577, Sept. 30, 1996, 110 Stat.
3009-169; Pub. L. 105-33, Title X, Sec. 10203(a), (b), Aug.
5, 1997, 111 Stat. 698; Pub. L. 105-89, Title II,
Sec. 201(b)(1), Nov. 19, 1997, 111 Stat. 2125; Pub. L. 105-
178, Title VIII, Sec. 8101(a), (d), June 9, 1998, 112 Stat.
488, 490.)
Offsetting Adjustment in Discretionary Spending Limits
Section 8101(b) of Pub. L. 105-178, as amended by Pub.
L. 105-206, Title IX, Sec. 9013(a), July 22, 1998, 112 Stat.
865, provided that:
``(1) Adjustment of nondefense category for
FY1999.--The discretionary spending limit set
forth in section 251(c)(3)(B) of the Balanced
Budget and Emergency Deficit Control Act of
1985, as adjusted in conformance with section
251(b) of that Act, is reduced by $859,000,000
in new budget authority and $25,144,000,000 in
outlays.
``(2) Adjustment of discretionary category
for FY2000.--The discretionary spending limit
set forth in section 251(c)(4)(A) of the
Balanced Budget and Emergency Deficit Control
Act of 1985, as adjusted in conformance with
section 251(b) of that Act, is reduced by
$859,000,000 in new budget authority and
$26,009,000,000 in outlays.
``(3) Adjustment of discretionary spending
limit for FY2001.--The discretionary spending
limit set forth in section 251(c)(5)(A) of the
Balanced Budget and Emergency Deficit Control
Act of 1985, as adjusted in conformance with
section 251(b) of that Act, is reduced by
$859,000,000 in new budget authority and
$26,329,000,000 in outlays.
``(4) Adjustment of discretionary spending
limit for FY2002.--The discretionary spending
limit set forth in section 251(c)(6)(A) of the
Balanced Budget and Emergency Deficit Control
Act of 1985, as adjusted in conformance with
section 251(b) of that Act, is reduced by
$859,000,000 in new budget authority and
$26,675,000,000 in outlays.''
[Amendment by Pub. L. 105-206 effective as if included in
enactment of Pub. L. 105-178, approved June 9, 1998, see
section 9016 of Pub. L. 105-206, set out as a note under
section 101 of Title 23, Highways.]
Level of Obligation Limitations
Section 8103 of Pub. L. 105-178 provided that:
``(a) Highway Category.--For the purposes of
section 251(b) of the Balanced Budget and
Emergency Deficit Control Act of 1985, the level
of obligation limitations for the highway
category is--
``(1) for fiscal year 1999,
$25,883,000,000;
``(2) for fiscal year 2000,
$26,629,000,000;
``(3) for fiscal year 2001,
$27,158,000,000;
``(4) for fiscal year 2002,
$27,767,000,000; and
``(5) for fiscal year 2003,
$28,233,000,000.
``(b) Mass Transit Category.--For the
purposes of section 251(b) of the Balanced
Budget and Emergency Deficit Control Act of
1985, the level of obligation limitations for
the mass transit category is--
``(1) for fiscal year 1999,
$5,365,000,000;
``(2) for fiscal year 2000,
$5,797,000,000;
``(3) for fiscal year 2001,
$6,271,000,000;
``(4) for fiscal year 2002,
$6,747,000,000; and
``(5) for fiscal year 2003,
$7,226,000,000.
For purposes of this subsection, the term `obligation
limitations' means the sum of budget authority and
obligation limitations.''
399.41a
399.41a Sec. 901a. Repealed. Pub. L 105-33, Title X, Sec.
10204(a)(1), Aug. 5, 1997, 111 Stat. 702.
Section, Pub. L. 99-177, Sec. 251a, as added Pub. L.
103-322, Title XXXI, Sec. 310001(g)(1), Sept. 13, 1994, 108
Stat. 2104, related to sequestration with respect to Violent
Crime Reduction Trust Fund.
399.42 Sec. 902. Enforcing pay-as-you-go.
(a) Purpose
The purpose of this section is to assure that any
legislation enacted before October 1, 2002, affecting direct
spending or receipts that increases the deficit will trigger
an offsetting sequestration.
(b) Sequestration
(1) Timing
Not later than 15 calendar days after the
date Congress adjourns to end a session and on
the same day as a sequestration (if any) under
section 901 or 903 of this title, there shall be
a sequestration to offset the amount of any net
deficit increase caused by all direct spending
and receipts legislation enacted before October
1, 2002, as calculated under paragraph (2).
(2) Calculation of deficit increase
OMB shall calculate the amount of deficit
increase or decrease by adding--
(A) all OMB estimates for the budget
year of direct spending and receipts
legislation transmitted under subsection (d)
of this section;
(B) the estimated amount of savings in
direct spending programs applicable to
budget year resulting from the prior year's
sequestration under this section or section
903 of this title, if any, as published in
OMB's final sequestration report for that
prior year; and
(C) any net deficit increase or decrease
in the current year resulting from all OMB
estimates for the current year of direct
spending and receipts legislation
transmitted under subsection (d) of this
section that were not reflected in the final
OMB sequestration report for the current
year.
(c) Eliminating a deficit increase
(1) The amount required to be sequestered in a fiscal
year under subsection (b) of this section shall be obtained
from non-exempt direct spending accounts from actions taken
in the following order:
(A) First
All reductions in automatic spending
increases specified in section 906(a) of
this title shall be made.
(B) Second
If additional reductions in direct
spending accounts are required to be made,
the maximum reductions permissible under
sections 906(b) (guaranteed and direct
student loans) and 906(c) (foster care and
adoption assistance) of this title shall be
made.
(C) Third
(i) If additional reductions in direct
spending accounts are required to be made,
each remaining non-exempt direct spending
account shall be reduced by the uniform
percentage necessary to make the reductions
in direct spending required by paragraph
(1); except that the medicare programs
specified in section 906(d) of this title
shall not be reduced by more than 4 percent
and the uniform percentage applicable to all
other direct spending programs under this
paragraph shall be increased (if necessary)
to a level sufficient to achieve the
required reduction in direct spending.
(ii) For purposes of determining
reductions under clause (i), outlay
reductions (as a result of sequestration of
Commodity Credit Corporation commodity price
support contracts in the fiscal year of a
sequestration) that would occur in the
following fiscal year shall be credited as
outlay reductions in the fiscal year of the
sequestration.
(2) For purposes of this subsection, accounts shall be
assumed to be at the level in the baseline.
(d) Estimates
(1) CBO estimates
As soon as practicable after Congress
completes action on any direct spending or
receipts legislation, CBO shall provide an
estimate to OMB of that legislation.
(2) OMB estimates
Not later than 7 calendar days (excluding
Saturdays, Sundays, and legal holidays) after
the date of enactment of any direct spending or
receipts legislation, OMB shall transmit a
report to the House of Representatives and to
the Senate containing--
(A) the CBO estimate of that
legislation;
(B) an OMB estimate of that legislation
using current economic and technical
assumptions; and
(C) an explanation of any difference
between the 2 estimates.
(3) Significant differences
If during the preparation of the report
under paragraph (2) OMB determines that there is
a significant difference between the OMB and CBO
estimates, OMB shall consult with the Committees
on the Budget of the House of Representatives
and the Senate regarding that difference and
that consultation, to the extent practicable,
shall include written communication to such
committees that affords such committees the
opportunity to comment before the issuance of
that report.
(4) Scope of estimates
The estimates under this section shall
include the amount of change in outlays or
receipts for the current year (if applicable),
the budget year, and each outyear excluding any
amounts resulting from--
(A) full finding of, and continuation
of, the deposit insurance guarantee
commitment in effect under current
estimates; and
(B) emergency provisions as designated
under subsection (e) of this section.
(5) Scorekeeping guidelines
OMB and CBO, after consultation with each
other and the Committees on the Budget of the
House of Representatives and the Senate, shall--
(A) determine common scorekeeping
guidelines; and
(B) in conformance with such guidelines,
prepare estimates under this section.
(e) Emergency legislation
If a provision of direct spending or receipts legislation is
enacted that the President designates as an emergency
requirement and that the Congress so designates in statute,
the amounts of new budget authority, outlays, and receipts
in all fiscal years resulting from that provision shall be
designated as an emergency requirement in the reports
required under subsection (d) of this section. This
subsection shall not apply to direct spending provisions to
cover agricultural crop disaster assistance. (Pub. L. 99-
177, Title II, Sec. 252, Dec. 12, 1985, 99 Stat. 1072; Pub.
L. 100-119, Title I, Sec. 102(a), Sept. 29, 1987, 101 Stat.
764; Pub. L. 100-203, Title VIII, Sec. 8003(e), Dec. 22,
1987, 101 Stat. 1330-282; Pub. L. 101-508, Title XIII,
Sec. 13101(a), Nov. 5, 1990, 104 Stat. 1388-581; Pub. L.
103-354, Title I, Sec. 119(d)(2), Oct. 13, 1994, 108 Stat.
3208; Pub. L. 105-33, Title X, Sec. 10205, Aug. 5, 1997, 111
Stat. 702.)
399.43 Sec. 903. Enforcing deficit targets.
(a) Sequestration
Within 15 calendar days after Congress adjourns to end a
session (other than of the One Hundred First Congress) and
on the same day as a sequestration (if any) under section
901 of this title and section 902 of this title, but after
any sequestration required by section 901 (enforcing
discretionary spending limits) of this title or section 902
(enforcing pay-as-you-go) of this title, there shall be a
sequestration to eliminate the excess deficit (if any
remains) if it exceeds the margin.
(b) Excess deficit; margin
The excess deficit is, if greater than zero, the
estimated deficit for the budget year, minus--
(1) the maximum deficit amount for that
year;
(2) the amounts for that year designated as
emergency direct spending or receipts
legislation under section 902(e) of this title;
and
(3) for any fiscal year in which there is
not a full adjustment for technical and economic
reestimates, the deposit insurance reestimate
for that year, if any, calculated under
subsection (h) of this section.
The ``margin'' for fiscal year 1992 or 1993 is zero and for
fiscal year 1994 or 1995 is $15,000,000,000.
(c) Dividing the sequestration
To eliminate the excess deficit in a budget year, half
of the required outlay reductions shall be obtained from
non-exempt defense accounts (accounts designated as function
050 in the President's fiscal year 1991 budget submission)
and half from non-exempt, non-defense accounts (all other
non-exempt accounts).
(d) Defense
Each non-exempt defense account shall be reduced by a
dollar amount calculated by multiplying the level of
sequestrable budgetary resources in that account at that
time by the uniform percentage necessary to carry out
subsection (c) of this section, except that, if any military
personnel are exempt, adjustments shall be made under the
procedure set forth in section 901(a)(3) of this title.
(e) Non-defense
Actions to reduce non-defense accounts shall be taken in
the following order:
(1) First
All reductions in automatic spending
increases under section 906(a) of this title
shall be made.
(2) Second
If additional reductions in non-defense
accounts are required to be made, the
maximum reduction permissible under sections
906(b) (guaranteed student loans) and 906(c)
(foster care and adoption assistance) of
this title shall be made.
(3) Third
(A) If additional reductions in non-
defense accounts are required to be made,
each remaining non-exempt, non-defense
account shall be reduced by the uniform
percentage necessary to make the reductions
in non-defense outlays required by
subsection (c) of this section, except
that--
(i) the medicare program
specified in section 906(d) of this
title shall not be reduced by more
than 2 percent in total including
any reduction of less than 2 percent
made under section 902 of this title
or, if it has been reduced by 2
percent or more under section 902 of
this title, it may not be further
reduced under this section; and
(ii) the health programs set
forth in section 906(e) of this
title shall not be reduced by more
than 2 percent in total (including
any reduction made under section 901
of this title),
and the uniform percent applicable to all other programs
under this subsection shall be increased (if necessary) to a
level sufficient to achieve the required reduction in non-
defense outlays.
(B) For purposes of determining
reductions under subparagraph (A), outlay
reduction (as a result of sequestration of
Commodity Credit Corporation commodity price
support contracts in the fiscal year of a
sequestration) that would occur in the
following fiscal year shall be credited as
outlay reductions in the fiscal year of the
sequestration.
(f) Baseline assumptions; part-year appropriations
(1) Budget assumptions
For purposes of subsections (b), (c), (d),
and (e) of this section, accounts shall be
assumed to be at the level in the baseline minus
any reductions required to be made under
sections 901 and 902 of this title.
(2) Part-year appropriations
If, on the date specified in subsection (a)
of this section, there is in effect an Act
making or continuing appropriations for part of
a fiscal year for any non-exempt budget account,
then the dollar sequestration calculated for
that account under subsection (d) or (e) of this
section, as applicable, shall be subtracted
from--
(A) the annualized amount otherwise
available by law in that account under that
or a subsequent part-year appropriation; and
(B) when a full-year appropriation for
that account is enacted, from the amount
otherwise provided by the full-year
appropriation; except that the amount to be
sequestered from that account shall be
reduced (but not below zero) by the savings
achieved by that appropriation when the
enacted amount is less than the baseline for
that account.
(g) Adjustments to maximum deficit amounts
(1) Adjustments
(A) When the President submits the budget
for fiscal year 1992, the maximum deficit
amounts for fiscal years 1992, 1993, 1994, and
1995 shall be adjusted to reflect up-to-date
reestimates of economic and technical
assumptions and any changes in concepts or
definitions. When the President submits the
budget for fiscal year 1993, the maximum deficit
amounts for fiscal years 1993, 1994, and 1995
shall be further adjusted to reflect up-to-date
reestimates of economic and technical
assumptions and any changes in concepts or
definitions.
(B) When submitting the budget for fiscal
year 1994, the President may choose to adjust
the maximum deficit amounts for fiscal years
1994 and 1995 to reflect up-to-date reestimates
of economic and technical assumptions. If the
President chooses to adjust the maximum deficit
amount when submitting the fiscal year 1994
budget, the President may choose to invoke the
same adjustment procedure when submitting the
budget for fiscal year 1995. In each case, the
President must choose between making no
adjustment or the full adjustment described in
paragraph (2). If the President chooses to make
that full adjustment, then those procedures for
adjusting discretionary spending limits
described in sections 901(b)(1)(C) and
901(b)(2)(E) of this title, otherwise applicable
through fiscal year 1993 or 1994 (as the case
may be), shall be deemed to apply for fiscal
year 1994 (and 1995 if applicable).
(C) When the budget for fiscal year 1994 or
1995 is submitted and the sequestration reports
for those years under section 904 of this title
are made (as applicable), if the President does
not choose to make the adjustments set forth in
subparagraph (B), the maximum deficit amount for
that fiscal year shall be adjusted by the amount
of the adjustment to discretionary spending
limits first applicable for that year (if any)
under section 901(b) of this title.
(D) For each fiscal year the adjustments
required to be made with the submission of the
Presidents budget for that year shall also be
made when OMB submits the sequestration update
report and the final sequestration report for
that year, but OMB shall continue to use the
economic and technical assumptions in the
President's budget for that year.
Each adjustment shall be made by increasing or decreasing
the maximum deficit amounts set forth in section 665 of this
title.
(2) Calculations of adjustments
The required increase or decrease shall be
calculated as follows:
(A) The baseline deficit or surplus
shall be calculated using up-to-date
economic and technical assumptions, using
up-to-date concepts and definitions, and, in
lieu of the baseline levels of discretionary
appropriations, using the discretionary
spending limits set forth in section 665 of
this title as adjusted under section 901 of
this title.
(B) The net deficit increase or decrease
caused by all direct spending and receipts
legislation enacted after the date of
enactment of this section (after adjusting
for any sequestration of direct spending
accounts) shall be calculated for each
fiscal year by adding--
(i) the estimates of direct
spending and receipts legislation
transmitted under section 902(d) of
this title applicable to each such
fiscal year; and
(ii) the estimated amount of
savings in direct spending programs
applicable to each such fiscal year
resulting from the prior year'
sequestration under this section or
section 902 of this title of direct
spending, if any, as contained in
OMB's final sequestration report for
that year.
(C) The amount calculated under
subparagraph (B) shall be subtracted from
the amount calculated under subparagraph
(A).
(D) The maximum deficit amount set forth
in section 665 of this title shall be
subtracted from the amount calculated under
subparagraph (C).
(E) The amount calculated under
subparagraph (D) shall be the amount of the
adjustment required by paragraph (1).
(h) Treatment of deposit insurance
(1) Initial estimates
The initial estimates of the net costs of
federal deposit insurance for fiscal year 1994
and fiscal year 1995 (assuming full funding of,
and continuation of, the deposit insurance
guarantee commitment in effect on the date of
the submission of the budget for fiscal year
1993) shall be set forth in that budget.
(2) Reestimates
For fiscal year 1994 and fiscal year 1995,
the amount of the reestimate of deposit
insurance costs shall be calculated by
subtracting the amount set forth under paragraph
(1) for that year from the current estimate of
deposit insurance costs (but assuming full
funding of, and continuation of, the deposit
insurance guarantee commitment in effect on the
date of submission of the budget for fiscal year
1993). (Pub. L. 99-177, Title II, Sec. 253, Dec.
12, 1985, 99 Stat. 1078; Pub. L. 100-119, Title
I, Sec. 103, Sept. 29, 1987, 101 Stat. 775; Pub.
L. 101-508, Title XIII, Sec. 13101(a), Nov. 5,
1990, 104 Stat. 1388-583.)
399.44 Sec. 904. Reports and orders.
(a) Timetable
The timetable with respect to this subchapter for any
budget year is as follows:
------------------------------------------------------------------------
Date Action to be completed
------------------------------------------------------------------------
January 21........................... Notification regarding optional
adjustment of maximum deficit
amount.
5 days before the President's budget CBO sequestration preview report.
submission.
The President's budget submission.... OMB sequestration preview report.
August 10............................ Notification regarding military
personnel.
August 15............................ CBO sequestration update report.
August 20............................ OMB sequestration update report.
10 days after end of session......... CBO final sequestration report.
15 days after end of session......... OMB final sequestration report;
Presidential order.
------------------------------------------------------------------------
(b) Submission and availability of reports
Each report required by this section shall be submitted,
in the case of CBO, to the House of Representatives, the
Senate and OMB and, in the case of OMB, to the House of
Representatives, the Senate, and the President on the day it
is issued. On the following day a notice of the report shall
be printed in the Federal Register.
(c) Sequestration preview reports
(1) Reporting requirement
On the dates specified in subsection (a) of
this section, OMB and CBO shall issue a preview
report regarding discretionary, pay-as-you-go,
and deficit sequestration based on laws enacted
through those dates.
(2) Discretionary sequestration report
The preview reports shall set forth
estimates for the current year and each
subsequent year through 2002 of the applicable
discretionary spending limits for each category
and an explanation of any adjustments in such
limits under section 901 of this title.
(3) Pay-as-you-go sequestration reports
The preview reports shall set forth, for the
current year and the budget year, estimates for
each of the following:
(A) The amount of net deficit increase
or decrease, if any, calculated under
subsection 902(b) of this title.
(B) A list identifying each law enacted
and sequestration implemented after November
5, 1990 included in the calculation of the
amount of deficit increase or decrease and
specifying the budgetary effect of each such
law.
(C) The sequestration percentage or (if
the required sequestration percentage is
greater than the maximum allowable
percentage for medicare) percentages
necessary to eliminate a deficit increase
under section 902(c) of this title.
(4) Deficit sequestration reports
The preview reports shall set forth for the
budget year estimates for each of the following:
(A) The maximum deficit amount, the
estimated deficit calculated under section
903(b) of this title, and excess deficit,
and the margin.
(B) The amount of reductions required
under section 902 of this title, the excess
deficit remaining after those reductions
have been made, and the amount of reductions
required from defense accounts and the
reductions required from non-defense
accounts.
(C) The sequestration percentage
necessary to achieve the required reduction
in defense accounts under section 903(d) of
this title.
(D) The reductions required under
sections 903(e)(1) and 903(e)(2) of this
title.
(E) The sequestration percentage
necessary to achieve the required reduction
in non-defense accounts under section
903(e)(3) of this title.
The CBO report need not set forth the items
other than the maximum deficit amount for fiscal
year 1992, 1993, or any fiscal year for which
the President notifies the House of
Representatives and the Senate that he will
adjust the maximum deficit amount under the
option under section 903(g)(1)(B) of this title.
(5) Explanation of differences
The OMB reports shall explain the
differences between OMB and CBO estimates for
each item set forth in this subsection.
(d) Notification regarding military personnel
On or before the date specified in subsection (a) of
this section, the President shall notify the Congress of the
manner in which he intends to exercise flexibility with
respect to military personnel accounts under section 905(f)
of this title.
(e) Sequestration update reports
On the dates specified in subsection (a) of this
section, OMB and CBO shall issue a sequestration updated
report, reflecting laws enacted through those dates,
containing all of the information required in the
sequestration preview reports.
(f) Final sequestration reports
(1) Reporting requirement
On the dates specified in subsection (a) of
this section, OMB and CBO shall issue a final
sequestration report, updated to reflect laws
enacted through those dates.
(2) Discretionary sequestration reports
The final reports shall set forth estimates
for each of the following:
(A) For the current year and each
subsequent year through 2002 the applicable
discretionary spending limits for each
category and an explanation of any
adjustments in such limits under section 901
of this title.
(B) For the current year and the budget
year the estimated new budget authority and
outlays for each category and the breach, if
any, in each category.
(C) For each category for which a
sequestration is required, the sequestration
percentages necessary to achieve the
required reduction.
(D) For the budget year, for each
account to be sequestered, estimates of the
baseline level of sequestrable budgetary
resources and resulting outlays and the
amount of budgetary resources to be
sequestered and resulting outlay reductions.
(3) Pay-as-you-go and deficit sequestration reports
The final reports shall contain all the
information required in the pay-as-you-go and
deficit sequestration preview reports. In
addition, these reports shall contain, for the
budget year, for each account to be sequestered,
estimates of the baseline level of sequestrable
budgetary resources and resulting outlays and
the amount of budgetary resources to be
sequestered and resulting outlay reductions. The
reports shall also contain estimates of the
effects on outlays of the sequestration in each
outyear for direct spending programs.
(4) Explanation of differences
The OMB report shall explain any differences
between OMB and CBO estimates of the amount of
any net deficit change calculated under
subsection 902(b) of this title, any excess
deficit, any breach, and any required
sequestration percentage. The OMB report shall
also explain differences in the amount of
sequestrable resources for any budget account to
be reduced if such difference is greater than
$5,000,000.
(5) Presidential order
On the date specified in subsection (a) of
this section, if in its final sequestration
report OMB estimates that any sequestration is
required, the President shall issue an order
fully implementing without change all
sequestrations required by the OMB calculations
set forth in that report. This order shall be
effective on issuance.
(g) Within-session sequestration reports and order
If an appropriation for a fiscal year in progress is
enacted (after Congress adjourns to end the session for that
budget year and before July 1 of that fiscal year) that
causes a breach, 10 days later CBO shall issue a report
containing the information required in paragraph \1\ (f)(2).
Fifteen days after enactment, OMB shall issue a report
containing the information required in paragraphs \1\ (f)(2)
and (f)(4). On the same day as the OMB report, the President
shall issue an order fully implementing without change all
sequestrations required by the OMB calculations set forth in
that report. This order shall be effective on issuance.
\1\ So in original. Probably means ``subsection''.
(h) GAO compliance report
Upon request of the Committee on the Budget of the House
of Representatives or the Senate, the Comptroller General
shall submit to the Congress and the President a report on--
(1) the extent to which each order issued by
the President under this section complies with
all of the requirements contained in this
subchapter, either certifying that the order
fully and accurately complies with such
requirements or indicating the respects in which
it does not; and
(2) the extent to which each report issued
by OMB or CBO under this section complies with
all of the requirements contained in this
subchapter, either certifying that the report
fully and accurately complies with such
requirements or indicating the respect in which
it does not.
(i) Low-growth report
At any time, CBO shall notify the Congress if--
(1) during the period consisting of the
quarter during which such notification is given,
the quarter preceding such notification, and the
4 quarters following such notification, CBO or
OMB has determined that real economic growth is
projected or estimated to be less than zero with
respect to each of any 2 consecutive quarters
within such period; or
(2) the most recent of the Department of
Commerce's advance preliminary or final reports
of actual real economic growth indicate that the
rate of real economic growth for each of the
most recently reported quarter and the
immediately preceding quarter is less than one
percent.
(j) Economic and technical assumptions
In all reports required by this section, OMB shall use
the same economic and technical assumptions as used in the
most recent budget submitted by the President under section
1105(a) of title 31. (Pub. L. 99-177, Title II, Sec. 254,
Dec. 12, 1985, 99 Stat. 1078; Pub. L. 100-119, Title I,
Sec. Sec. 102(b)(1), 106(e)(2), Sept. 29, 1987, 101 Stat.
773, 781; Pub. L. 101-508, Title XIII, Sec. 13101(a), Nov.
5, 1990, 104 Stat. 1388-586; Pub. L. 103-66, Title XIV,
Sec. Sec. 14002(c)(2), 14003(b), Aug. 10, 1993, 107 Stat.
684, 685; Pub. L. 103-322, Title XXXI, Sec. 310001(g)(2),
Sept. 14, 1994, 108 Stat. 2105; Pub. L. 104-316, Title I,
Sec. 102(d), Oct. 19, 1996, 110 Stat. 3828; Pub. L. 105-33,
Title X, Sec. 10206, Aug. 5, 1997, 111 Stat. 704.)
399.45 Sec. 905. Exempt programs and activities.
(a) Social security benefits and tier I railroad retirement
benefits
Benefits payable under the old-age, survivors, and
disability insurance program established under Title II of
the Social Security Act [42 U.S.C. 401 et seq.], and
benefits payable under section 231b(a), 231b(f)(3), 231c(a),
or 231c(f) of title 45, shall be exempt from reduction under
any order issued under this subchapter.
(b) Veterans programs
The following programs shall be exempt from reduction
under any order issued under this subchapter:
National Service Life Insurance Fund (36-
8132-0-7-701);
Service-Disabled Veterans Insurance Fund
(36-4012-0-3-701);
Veterans Special Life Insurance Fund (36-
8455-0-8-701);
Veterans Reopened Insurance Fund (36-4010-0-
3-701);
United States Government Life Insurance Fund
(36-8150-0-7-701);
Veterans Insurance and Indemnities (36-0120-
0-1-701);
Special Therapeutic and Rehabilitation
Activities (36-4048-0-3-703);
Canteen Service Revolving Fund (36-4014-0-3-
705);
Benefits under chapter 21 of title 38
relating to specially adapted housing and
mortgage-protection life insurance for certain
veterans with service-connected disabilities
(36-0120-0-1-701);
Benefits under section 2307 of title 38
relating to burial benefits for veterans who die
as a result of service-connected disability (36-
0155-0-1-701);
Benefits under chapter 39 of title 38
relating to automobiles and adaptive equipment
for certain disabled veterans and members of the
Armed Forces (36-0137-0-1-702);
Compensation (36-0153-0-1-701); and
Pensions (36-0154-0-1-701);
Benefits under chapter 35 of title 38,
United States Code, related to educational
assistance for survivors and dependents of
certain veterans with service-connected
disabilities (36-0137-0-1-702);
Assistance and services under chapter 31 of
title 38, United States Code, relating to
training and rehabilitation for certain veterans
with service-connected disabilities (36-0137-0-
1-702);
Benefits under subchapters I, II, and III of
chapter 37 of title 38, United States Code,
relating to housing loans for certain veterans
and for the spouses and surviving spouses of
certain veterans Guaranty and Indemnity Program
Account (36-1119-0-1-704);
Loan Guaranty Program Account (36-1025-0-1-
704); and
Direct Loan Program Account (36-1024-0-1-
704).
(c) Net interest
No reduction of payments for net interest (all of major
functional category 900) shall be made under any order
issued under this subchapter.
(d) Earned Income tax credit
Payments to individuals made pursuant to section 32 of
title 26 shall be exempt from reduction under any order
issued under this subchapter.
(e) Non-defense unobligated balances
Unobligated balances of budget authority carried over
from prior fiscal years, except balances in the defense
category, shall be exempt from reduction under any order
issued under this subchapter.
(f) Optional exemption of military personnel
(1) In general
The President may, with respect to any
military personnel account, exempt that account
from sequestration or provide for a lower
uniform percentage reduction than would
otherwise apply.
(2) Limitation
The President may not use the authority
provided by paragraph (1) unless the President
notifies the Congress of the manner in which
such authority will be exercised on or before
the date specified in section 904(a) of this
title for the budget year.
(g) Other programs and activities
(1)(A) the following budget accounts and activities
shall be exempt from reduction under any order issued under
this subchapter:
Activities resulting from private donations,
bequests, or voluntary contributions to the
Government;
Activities financed by voluntary payments to
the Government for goods or services to be
provided for such payments;
Administration of Territories, Northern
Mariana Islands Covenant grants (14-0412-0-1-
806);
Alaska Power Administration, Operations and
maintenance (89-0304-0-1-271);
Appropriations for the District of Columbia
(to the extent they are appropriations of
locally raised funds);
Bonneville Power Administration fund and
borrowing authority established pursuant to
section 13 of Public Law 93-454 (1974), as
amended [16 U.S.C. 838k] (89-4045-0-3-271);
Bureau of Indian Affairs, Indian land and
water claims settlements and miscellaneous
payments to Indians (14-2303-0-1-452);
Bureau of Indian Affairs Miscellaneous trust
funds (14-9973-0-7-999);
Claims, judgments, and relief acts (20-1895-
0-1-808);
Compact of Free Association (14-0415-0-1-
808);
Compensation of the President (11-0001-0-1-
802);
Conservation Reserve Program (12-2319-0-1-
302);
Customs Service, miscellaneous permanent
appropriations (20-9922-0-2-806);
Comptroller of the Currency, Assessment
funds (20-8413-0-8-373);
Dual benefits payments account (60-0111-0-1-
601);
Exchange stabilization fund (20-4444-0-3-
155);
Farm Credit Administration, Limitation on
Administrative Expenses (78-4131-0-3-351);
Farm Credit System Financial Assistance
Corporation, interest payment (20-1850-0-1-908);
Farm Credit System Financial Assistance
Corporation, interest payments (20-1850-0-1-
351);
Federal Deposit Insurance Corporation, Bank
Insurance Fund (51-4064-0-3-373);
Federal Deposit Insurance Corporation, FSLIC
Resolution Fund (51-4065-0-3-373);
Federal Deposit Insurance Corporation,
Savings Association Insurance Fund (51-4066-0-3-
373);
Federal Housing Finance Board (95-4039-0-3-
371);
Federal payment to the railroad retirement
accounts (60-0113-0-1-601);
Foreign military sales trust fund (11-8242-
0-7-155);
Health professions graduate student loan
insurance fund program account (75-0340-0-1-
552);
Higher education facilities loans (91-0240-
01-502);
Internal Revenue Collections for Puerto Rico
(20-5737-0-2-806);
Intragovernmental funds, including those
from which the outlays are derived primarily
from resources paid in from other government
accounts, except to the extent such funds are
augmented by direct appropriations for the
fiscal year during which an order is in effect;
Panama Canal Commission, Panama Canal
Revolving Fund (95-4061-0-3-403);
Medical facilities guarantee and loan fund,
Federal interest subsidies for medical
facilities (75-9931-0-3-550);
National Credit Union Administration
operating fund (25-4056-0-3-373);
National Credit Union Administration,
Central liquidity facility (25-4470-0-3-373);
National Credit Union Administration, Credit
union share insurance fund (25-4468-0-3-373);
Office of Thrift Supervision (20-4108-0-3-
373);
Payment of Vietnam and USS Pueblo prisoner-
of-war claims (15-0104-0-1-153);
Payment to civil service retirement and
disability fund (24-0200-0-1-805);
Payment to Judiciary Trust Funds (10-0941-0-
1-752);
Payments to copyright owners (03-5175-0-2-
376);
Payments to health care trust funds (75-
0580-1-571);
Payments to military retirement fund (97-
0040-0-1-054);
Payments to social security trust funds (75-
0404-0-1-651);
Payments to the foreign service retirement
and disability fund (11-1036-0-1-153 and 19-
0540-0-1-153);
Payments to trust funds from excise taxes or
other receipts properly creditable to such trust
funds;
Payments to the United States territories,
fiscal assistance (14-0418-0-1-806);
Payments to widows and heirs of deceased
Members of Congress (00-0215-0-1-801);
Postal service fund (18-4020-0-3-372);
Resolution Trust Corporation Revolving Fund
(22-4055-0-3-373);
Salaries of Article III judges;
Soldiers and Airmen's Home, payment of
claims (84-8930-0-7-705);
Southeastern Power Administration,
Operations and maintenance (89-0302-0-1-271);
Southwestern Power Administration,
Operations and maintenance (89-0303-0-1-271);
Tennessee Valley Authority Fund, except non-
power programs and activities (64-4110-0-3-999);
Thrift Savings Fund;
United States Enrichment Corporation (95-
4054-0-3-271);
Vaccine Injury Compensation (75-0320-0-1-
551);
Vaccine Injury Compensation Program Trust
Fund (20-8175-0-7-551);
United States Enrichment Corporation;
Washington Metropolitan Area Transit
Authority, interest payments (46-0300-0-1-401);
Western Area Power Administration,
Construction, rehabilitation, operations, and
maintenance (89-5068-0-2-271); and
Western Area Power Administration, Colorado
River basins power marketing fund (89-4452-0-3-
271).
(B) The following Federal retirement and disability
accounts and activities shall be exempt from reduction under
any order issued under this subchapter:
Black Lung Disability Trust Fund (20-8144-0-
7-601);
Central Intelligence Agency retirement and
disability system fund (56-3400-0-1-054);
Civil service retirement and disability fund
(24-8135-0-7-602);
Comptrollers general retirement system (05-
0107-0-1-801);
Foreign service retirement and disability
fund (19-8186-0-7-602);
Judicial survivors' annuities fund (10-8110-
0-7-602);
Judicial Officers' Retirement Fund (10-8122-
0-7-602);
Claims Judges' Retirement Fund (10-8124-0-7-
602);
Special workers compensation expenses,
Longshoremen's and harborworkers' compensation
benefits (16-9971-0-7-601);
Military retirement fund (97-8097-0-7-602);
National Oceanic and Atmospheric
Administration retirement (13-1450-0-1-306);
Pensions for former Presidents (47-0105-0-1-
802);
Railroad Industry Pension Fund (60-8011-0-7-
601);
Railroad supplemental annuity pension fund
(60-8012-0-7-602);
Retired pay, Coast Guard (69-0241-0-1-403);
Retirement pay and medical benefits for
commissioned officers, Public Health Service
(74-0379-0-1-551);
Special benefits, Federal Employees'
Compensation Act (16-1521-0-1-600);
Special benefits for disabled coal miners
(75-0409-0-1-601); and
Tax Court judges survivors annuity fund (23-
8115-0-7-602);
(2) Prior legal obligations of the Government in the
following budget accounts and activities shall be exempt
from any order issued under this subchapter:
Biomass energy development (20-0114-0-1-
271);
United States Treasury check forgery
insurance fund (20-4109-0-3-803);
Credit liquidating accounts;
Employees life insurance fund (24-8424-0-8-
602);
Energy security reserve (Synthetic Fuels
Corporation) (20-0112-0-1-271);
Federal Aviation Administration, Aviation
insurance revolving fund (69-4120-0-3-402);
Federal Crop Insurance Corporation fund (12-
4085-0-3-351);
Federal Emergency Management Agency,
National flood insurance fund (58-4236-0-3-453);
Federal Emergency Management Agency,
National insurance development fund (58-4235-0-
3-451);
Geothermal resources development fund (89-
0206-0-1-271);
Homeowners assistance fund, Defense (97-
4090-0-3-051);
International Trade Administration,
Operations and administration (13-1250-0-1-376);
Low-rent public housing, Loans and other
expenses (86-4098-0-3-604);
Maritime Administration, War-risk insurance
revolving fund (69-4302-0-3-403);
Overseas Private Investment Corporation (71-
4030-0-3-151);
Pension Benefit Guaranty Corporation fund
(16-4204-0-3-601);
Rail service assistance (69-0122-0-1-401);
Department of Veterans Affairs, Servicemen's
group life insurance fund (36-4009-0-3-701).
(h) Low-income programs
The following programs shall be exempt from reduction
under any order issued under this subchapter:
Block grants to States for temporary
assistance for needy families;
Child nutrition programs (with the exception
of special milk programs) (12-3539-0-1-605);
Temporary assistance for needy families (75-
1552-0-1-609);
Contingency fund (75-1522-0-1-609);
Child care entitlement to States (75-1550-0-
1-609);
Commodity supplemental food program (12-
3512-0-1-605);
Food stamp programs (12-3505-0-1-605 and 12-
3550-0-1-605);
Grants to States for Medicaid (75-0512-0-1-
551);
Supplemental Security Income Program (75-
0406-0-1-609); and
Special supplemental nutrition program for
women, infants, and children (WIC) (12-3510-0-1-
605);
Family support payments to States (75-1501-
0-1-609).
(i) Identification of programs
For purposes of subsections (b), (g), and (h) of this
section, each account is identified by the designated budget
account identification code number set forth in the Budget
of the United States Government 1998--Appendix, and an
activity within an account is designated by the name of the
activity and the identification code number of the account.
(Pub. L. 99-177, Title II, Sec. 255, Dec. 12, 1985, 99 Stat.
1082; Pub. L. 99-509, Title VII, Sec. 7002(a), Oct. 21,
1986, 100 Stat. 1949; Pub. L. 99-514, Sec. 2, Oct. 22, 1986,
100 Stat. 2095; Pub. L. 100-86, Title V, Sec. 506(a), Aug.
10, 1987, 101 Stat. 634; Pub. L. 100-119, Title I,
Sec. 104(a)(1), (2), (b), (c)(1), Sept. 29, 1987, 101 Stat.
775-777; Pub. L. 101-73, Title VII, Sec. 743(a), (c), Aug.
9, 1989, 103 Stat. 437; Pub. L. 101-220, Sec. 8, Dec. 12,
1989, 103 Stat. 1881; Pub. L. 101-508, Title XIII,
Sec. 13101(c), Nov. 5, 1990, 104 Stat. 1388-589; Pub. L.
102-54, Sec. 13(a), June 13, 1991, 105 Stat. 274; Pub. L.
102-486, Title IX, Sec. 902(d), Oct. 24, 1992, 106 Stat.
2944; Pub. L. 102-572, Title VI, Sec. 601, Oct. 29, 1992,
106 Stat. 4514; Pub. L. 104-193, Title I, Sec. 110(r)(1),
Aug. 22, 1996, 110 Stat. 2175; Pub. L. 104-208, div. A,
Title II, Sec. 2704(d)(10), Sept. 30, 1996, 110 Stat. 3009-
489; Pub. L. 105-33, Title X, Sec. 10207, Aug. 5, 1997, 111
Stat. 704).
399.46 Sec. 906. General and special sequestration rules.
(a) Automatic spending increases
Automatic spending increases are increases in outlays
due to changes in indexes in the following programs:
(1) Special milk program; and
(2) Vocational rehabilitation basic State
grants.
In those programs all amounts other than the automatic
spending increases shall be exempt from reduction under any
order issued under this subchapter.
(b) Student loans
For all student loans under part B or D of title IV of
the Higher Education Act of 1965 [20 U.S.C. 1071 et seq.,
1087a et seq.] made during the period when a sequestration
order under section 904 of this title is in effect as
required by section 902 or 903 of this title, origination
fees under sections 438(c)(2) and 455(c) of that Act [20
U.S.C. 1087-1(c)(2) and 1087e(c)] shall each be increased by
0.50 percentage point.
(c) Treatment of foster care and adoption assistance
programs
Any order issued by the President under section 904 of
this title shall make the reduction which is otherwise
required under the foster care and adoption assistance
programs (established by part E of title IV of the Social
Security Act [42 U.S.C. 670 et seq.]) only with respect to
payments and expenditures made by States in which increases
in foster care maintenance payment rates or adoption
assistance payment rates (or both) are to take effect during
the fiscal year involved, and only to the extent that the
required reduction can be accomplished by applying a uniform
percentage reduction to the Federal matching payments that
each such State would otherwise receive under section 474 of
that Act [42 U.S.C. 674] (for such fiscal year) for that
portion of the State's payments which is attributable to the
increases taking effect during that year. No State's
matching payments from the Federal Government for foster
care maintenance payments or for adoption assistance
maintenance payments may be reduced by a percentage
exceeding the applicable domestic sequestration percentage.
No State may, after December 12, 1985, make any change in
the timetable for making payments under a State plan
approved under part E of title IV of the Social Security Act
which has the effect of changing the fiscal year in which
expenditures under such part are made.
(d) Special rules for Medicare program
(1) Calculation of reduction in individual payment
amounts
To achieve the total percentage reduction in
those programs required by sections 902 and 903
of this title, and notwithstanding section 710
of the Social Security Act [42 U.S.C. 911], OMB
shall determine, and the applicable Presidential
order under section 904 of this title shall
implement, the percentage reduction that shall
apply to payments under the health insurance
programs under title XVIII of the Social
Security Act [42 U.S.C. 1395 et seq.] for
services furnished after the order is issued,
such that the reduction made in payments under
that order shall achieve the required total
percentage reduction in those payments for that
fiscal year as determined on a 12-month basis.
(2) Timing of application of reductions
(A) In general
Except as provided in subparagraph (B),
if a reduction is made under paragraph (1)
in payment amounts pursuant to a
sequestration order, the reduction shall be
applied to payment for services furnished
during the effective period of the order.
For purposes of the previous sentence, in
the case of inpatient services furnished for
an individual, the services shall be
considered to be furnished on the date of
the individual's discharge from the
inpatient facility.
(B) Payment on the basis of cost reporting
periods
In the case in which payment for
services of a provider of services is made
under title XVIII of the Social Security Act
[42 U.S.C. 1395 et seq.] on a basis relating
to the reasonable cost incurred for the
services during a cost reporting period of
the provider, if a reduction is made under
paragraph (1) in payment amounts pursuant to
a sequestration order, the reduction shall
be applied to payment for costs for such
services incurred at any time during each
cost reporting period of the provider any
part of which occurs during the effective
period of the order, but only (for each such
cost reporting period) in the same
proportion as the fraction of the cost
reporting period that occurs during the
effective period of the order.
(3) No increase in beneficiary charges in assignment-
related cases
If a reduction in payment amounts is made
under paragraph (1) for services for which
payment under part B of title XVIII of the
Social Security Act [42 U.S.C. 1395j et seq.] is
made on the basis of an assignment described in
section 1842(b)(3)(B)(ii) [42 U.S.C.
1395u(b)(3)(B)(ii)], in accordance with section
1842(b)(6)(B) [42 U.S.C. 1395u(b)(6)(B)], or
under the procedure described in section
1870(f)(1) [42 U.S.C. 1395gg(f)(1)], of such
Act, the person furnishing the services shall be
considered to have accepted payment of the
reasonable charge for the services, less any
reduction in payment amount made pursuant to a
sequestration order, as payment in full.
(4) No effect on computation of AAPCC
In computing the adjusted average per capita
cost for purposes of section 1876(a)(4) of the
Social Security Act [42 U.S.C. 1395mm(a)(4)],
the Secretary of Health and Human Services shall
not take into account any reductions in payment
amounts which have been or may be affected under
this subchapter.
(e) Community and migrant health centers, Indian health
services and facilities, and veterans' medical care
(1) The maximum permissible reduction in budget
authority for any account listed in paragraph (2) for any
fiscal year, pursuant to an order issued under section 904
of this title, shall be 2 percent.
(2) The accounts referred to in paragraph (1) are as
follows:
(A) Community health centers (75-0350-0-1-
550).
(B) Migrant health centers (75-0350-0-1-
550).
(C) Indian health facilities (75-0391-0-1-
551).
(D) Indian health services (75-0390-0-1-
551).
(E) Veterans' medical care (36-0160-0-1-
703).
For purposes of the preceding provisions of this paragraph,
programs are identified by the designated budget account
identification code numbers set forth in the Budget of the
United States Government--Appendix.
(f) Treatment of child support enforcement program
Notwithstanding any change in the display of budget
accounts, any order issued by the President under section
904 of this title shall accomplish the full amount of any
required reduction in expenditures under sections 455 and
458 of the Social Security Act (42 U.S.C. 655, 658) by
reducing the Federal matching rate for State administrative
costs under such program, as specified (for the fiscal year
involved) in section 455(a) of such Act, to the extent
necessary to reduce such expenditures by that amount.
(g) Federal pay
(1) In general
For purposes of any order issued under
section 904 of this title--
(A) Federal pay under a statutory pay
system, and
(B) elements of military pay,
shall be subject to reduction under an order in the same
manner as other administrative expense components of the
Federal budget; except that no such order may reduce or have
the effect of reducing the rate of pay to which any
individual is entitled under any such statutory pay system
(as increased by any amount payable under section 5304 of
title 5 or section 302 of the Federal Employees Pay
Comparability Act of 1990) or the rate of any element of
military pay to which any individual is entitled under title
37, or any increase in rates of pay which is scheduled to
take effect under section 5303 of title 5, section 1009 of
title 37, or any other provision of law.
(2) Definitions
For purposes of this subsection:
(A) The term ``statutory pay system''
shall have the meaning given that term in
section 5302(1) of title 5.
(B) The term ``elements of military
pay'' means--
(i) the elements of compensation
of members of the uniformed services
specified in section 1009 of title
37,
(ii) allowances provided members
of the uniformed services under
sections 403a and 405 of such title,
and
(iii) cadet pay and midshipman
pay under section 203(c) of such
title.
(C) The term ``uniformed services''
shall have the meaning given that term in
section 101(3) of title 37.
(h) Treatment of Federal administrative expenses
(1) Notwithstanding any other provision of this title,
administrative expenses incurred by the departments and
agencies, including independent agencies, of the Federal
Government in connection with any program, project,
activity, or account shall be subject to reduction pursuant
to an order issued under section 904 of this title, without
regard to any exemption, exception, limitation, or special
rule which is otherwise applicable with respect to such
program, project, activity, or account under this
subchapter.
(2) Notwithstanding any other provision of law,
administrative expenses of any program, project, activity,
or account which is self-supporting and does not receive
appropriations shall be subject to reduction under a
sequester order, unless specifically exempted in this part.
(3) Payments made by the Federal Government to reimburse
or match administrative costs incurred by a State or
political subdivision under or in connection with any
program, project, activity, or account shall not be
considered administrative expenses of the Federal Government
for purposes of this section, and shall be subject to
reduction or sequestration under this subchapter to the
extent (and only to the extent) that other payments made by
the Federal Government under or in connection with that
program, project, activity, or account are subject to such
reduction or sequestration; except that Federal payments
made to a State as reimbursement of administrative costs
incurred by such State under or in connection with the
unemployment compensation programs specified in subsection
(h)(1) of this section shall be subject to reduction or
sequestration under this subchapter notwithstanding the
exemption otherwise granted to such programs under that
subsection.
(4) Notwithstanding any other provision of law, this
subsection shall not apply with respect to the following:
(A) Comptroller of the Currency.
(B) Federal Deposit Insurance Corporation.
(C) Office of Thrift Supervision.
(D) National Credit Union Administration.
(E) National Credit Union Administration,
central liquidity facility.
(F) Federal Retirement Thrift Investment
Board.
(G) Resolution Trust Corporation.
(H) Farm Credit Administration.
(i) Treatment of payments and advances made with respect to
unemployment compensation programs
(1) For purposes of section 904 of this title--
(A) any amount paid as regular unemployment
compensation by a State from its account in the
Unemployment Trust Fund (established by section
904(a) of the Social Security Act [42 U.S.C.
1104(a)]),
(B) any advance made to a State from the
Federal unemployment account (established by
section 904(g) of such Act [42 U.S.C. 1104(g)])
under Title XII of such Act [42 U.S.C. 1321 et
seq.] and any advance appropriated to the
Federal unemployment account pursuant to section
1203 of such Act [42 U.S.C. 1323], and
(C) any payment made from the Federal
Employees Compensation Account (as established
under section 909 of such Act [42 U.S.C. 1109])
for the purpose of carrying out chapter 85 of
title 5 and funds appropriated or transferred to
or otherwise deposited in such Account,
shall not be subject to reduction.
(2)(A) A State may reduce each weekly benefit payment
made under the Federal-State Extended Unemployment
Compensation Act of 1970 for any week of unemployment
occurring during any period with respect to which payments
are reduced under an order issued under section 904 of this
title by a percentage not to exceed the percentage by which
the Federal payment to the State under section 204 of such
Act is to be reduced for such week as a result of such
order.
(B) A reduction by a State in accordance with
subparagraph (A) shall not be considered as a failure to
fulfill the requirements of section 3304(a)(11) of title 26.
(j) Commodity Credit Corporation
(1) Powers and authorities of the Commodity Credit
Corporation
This title shall not restrict the Commodity
Credit Corporation in the discharge of its
authority and responsibility as a corporation to
buy and sell commodities in world trade, to use
the proceeds as a revolving fund to meet other
obligations and otherwise operate as a
corporation, the purpose of which it was
created.
(2) Reduction in payments made under contracts
(A) Loan eligibility under any contract
entered into with a person by the Commodity
Credit Corporation prior to the time an order
has been issued under section 904 of this title
shall not be reduced by an order subsequently
issued. Subject to subparagraph (B), after an
order is issued under such section for a fiscal
year, any cash payments for loans or loan
deficiencies made by the Commodity Credit
Corporation shall be subject to reduction under
the order.
(B) Each loan contract entered into with
producers or producer cooperatives with respect
to a particular crop of a commodity and subject
to reduction under subparagraph (A) shall be
reduced in accordance with the same terms and
conditions. If some, but not all, contracts
applicable to a crop of a commodity have been
entered into prior to the issuance of an order
under section 904 of this title, the order shall
provide that the necessary reduction in payments
under contracts applicable to the commodity be
uniformly applied to all contracts for the next
succeeding crop of the commodity, under the
authority provided in paragraph (3).
(3) Delayed reduction in outlays permissible
Notwithstanding any other provision of this
title, if an order under section 904 of this
title is issued with respect to a fiscal year,
any reduction under the order applicable to
contracts described in paragraph (1) may provide
for reductions in outlays for the account
involved to occur in the fiscal year following
the fiscal year to which the order applies.
(4) Uniform percentage rate of reduction and other
limitations
All reductions described in paragraph (2)
which are required to be made in connection with
an order issued under section 904 of this title
with respect to a fiscal year shall be made so
as to ensure that outlays for each program,
project, activity, or account involved are
reduced by a percentage rate that is uniform for
all such programs, projects, activities, and
accounts, and may not be made so as to achieve a
percentage rate of reduction in any such item
exceeding the rate specified in the order.
(5) Dairy program
Notwithstanding any other provision of this
subsection, as the sole means of achieving any
reduction in outlays under the milk price
support program, the Secretary of Agriculture
shall provide for a reduction to be made in the
price received by producers for all milk
produced in the United States and marketed by
producers for commercial use. That price
reduction (measured in cents per hundred weight
of milk marketed) shall occur under section
201(d)(2)(A) of the Agricultural Act of 1949 (7
U.S.C. 1446(d)(2)(A)), shall begin on the day
any sequestration order is issued under section
904 of this title, and shall not exceed the
aggregate amount of the reduction in outlays
under the milk price support program that
otherwise would have been achieved by reducing
payments for the purchase of milk or the
products of milk under this subsection during
the applicable fiscal year.
(6) Certain authority not to be limited
Nothing in this joint resolution shall limit
or reduce, in any way, any appropriation that
provides the Commodity Credit Corporation with
budget authority to cover the Corporation's net
realized losses.
(k) Effects of sequestration
The effects of sequestration shall be as follows:
(1) Budgetary resources sequestered from any
account shall be permanently cancelled, except
as provided in paragraph (5).
(2) Except as otherwise provided, the same
percentage sequestration shall apply to all
programs, projects, and activities within a
budget account (with programs, projects, and
activities as delineated in the appropriation
Act or accompanying report for the relevant
fiscal year covering that account, or for
accounts not included in appropriation Acts, as
delineated in the most recently submitted
President's budget).
(3) Administrative regulations or similar
actions implementing a sequestration shall be
made within 120 days of the sequestration order.
To the extent that formula allocations differ at
different levels of budgetary resources within
an account, program, project, or activity, the
sequestration shall be interpreted as producing
a lower total appropriation, with the remaining
amount of the appropriation being obligated in a
manner consistent with program allocation
formulas in substantive law.
(4) Except as otherwise provided,
obligations in sequestered accounts shall be
reduced only in the fiscal year in which a
sequester occurs.
(5) If an automatic spending increase is
sequestered, the increase (in the applicable
index) that was disregarded as a result of that
sequestration shall not be taken into account in
any subsequent fiscal year.
(6) Budgetary resources sequestered in
revolving, trust, and special fund accounts and
offsetting collections sequestered in
appropriation accounts shall not be available
for obligation during the fiscal year in which
the sequestration occurs, but shall be available
in subsequent years to the extent otherwise
provided in law. (Pub. L. 99-177, Title II,
Sec. 256, Dec. 12, 1985, 99 Stat. 1086; Pub. L.
99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095;
Pub. L. 100-86, Title V, Sec. 506(b), Aug. 10,
1987, 101 Stat. 634; Pub. L. 100-119, Title I,
Sec. Sec. 102 (b)(2), (3), (11), 104(a)(3), (4),
Sept. 29, 1987, 101 Stat. 773, 775, 776; Pub. L.
101-73, Title VII, Sec. 743(b), Aug. 9, 1989,
103 Stat. 437; Pub. L. 101-508, Title XIII,
Sec. 13101(d), Nov. 5, 1990, 104 Stat. 1388-589;
Pub. L. 101-509, Title V, Sec. 529 [Title I,
Sec. 101(b)(2)(A), (4)(H)], Nov. 5, 1990, 104
Stat. 1427, 1439, 1440; Pub. L. 104-193, Title
I, Sec. 110(r)(2), Aug. 22, 1996, 110 Stat.
2175; Pub. L. 105-33, Title X, Sec. 10208(a)(1),
(b)-(g), Aug. 5, 1997, 111 Stat. 708-710.)
399.47 Sec. 907. The baseline.
(a) In general
For any budget year, the baseline refers to a projection
of current-year levels of new budget authority, outlays,
revenues, and the surplus or deficit into the budget year
and the outyears based on laws enacted through the
applicable date.
(b) Direct spending and receipts
For the budget year and each outyear, the baseline shall
be calculated using the following assumptions:
(1) In general
Laws providing or creating direct
spending and receipts are assumed to operate
in the manner specified in those laws for
each such year and funding for entitlement
authority is assumed to be adequate to make
all payments required by those laws.
(2) Exceptions
(A)(i) No program established by a law
enacted on or before August 5, 1997 with
estimated current year outlays greater than
$50,000,000 shall be assumed to expire in
the budget year or the outyears. The scoring
of new programs with estimated outlays
greater than $50,000,000 a year shall be
based on scoring by the Committees on Budget
or OMB, as applicable. OMB, CBO, and the
Budget Committees shall consult on the
scoring of such programs where there are
differences between CBO and OMB.
(ii) On the expiration of the suspension
of a provision of law that is suspended
under section 171 of Public Law 104-127 and
that authorizes a program with estimated
fiscal year outlays that are greater than
$50,000,000, for purposes of clause (i), the
program shall be assumed to continue to
operate in the same manner as the program
operated immediately before the expiration
of the suspension.
(B) The increase for veterans'
compensation for a fiscal year is assumed to
be the same as that required by law for
veterans' pensions unless otherwise provided
by law enacted in that session.
(C) Excise taxes dedicated to a trust
fund, if expiring, are assumed to be
extended at current rates.
(D) If any law expires before the budget
year or any outyear, then any program with
estimated current year outlays greater than
$50,000,000 that operates under the law
shall be assumed to continue to operate
under that law as in effect immediately
before its expiration.
(3) Hospital Insurance Trust Fund
Notwithstanding any other provision of
law, the receipts and disbursements of the
Hospital Insurance Trust Fund shall be
included in all calculations required by
this Act.
(c) Discretionary appropriations
For the budget year and each outyear, the baseline shall
be calculated using the following assumptions regarding all
amounts other than those covered by subsection (b) of this
section:
(1) Inflation of current-year appropriations
Budgetary resources other than
unobligated balances shall be at the level
provided for the budget year in full-year
appropriation Acts. If for any account a
full-year appropriation has not yet been
enacted, budgetary resources other than
obligated balances shall be at the level
available in the current year, adjusted
sequentially and cumulatively for expiring
housing contracts as specified in paragraph
(2), for social insurance administrative
expenses as specified in paragraph (3), to
offset pay absorption and for pay
annualization as specified in paragraph (4),
for inflation as specified in paragraph (5),
and to account for changes required by law
in the level of agency payments for
personnel benefits other than pay.
(2) Expiring housing contracts
New budget authority to renew expiring
multiyear subsidized housing contracts shall
be adjusted to reflect the difference in the
number of such contracts that are scheduled
to expire in that fiscal year and the number
expiring in the current year, with the per-
contract renewal cost equal to the average
current year cost of renewal contracts.
(3) Social insurance administrative expenses
Budgetary resources for the
administrative expenses of the following
trust funds shall be adjusted by the
percentage change in the beneficiary
population from the current year to that
fiscal year: the Federal Hospital Insurance
Trust Fund, the Supplementary Medical
Insurance Trust Fund, the Unemployment Trust
Fund, and the railroad retirement account.
(4) Pay annualization; offset to pay
absorption
Current-year new budget authority for
Federal employees shall be adjusted to
reflect the full 12-month costs (without
absorption) of any pay adjustment that
occurred in that fiscal year.
(5) Inflators
The inflator used in paragraph (1) to
adjust budgetary resources relating to
personnel shall be the percent by which the
average of the Bureau of Labor Statistics
Employment Cost Index (wages and salaries,
private industry workers) for that fiscal
year differs from such index for the current
year. The inflator used in paragraph (1) to
adjust all other budgetary resources shall
be the percent by which the average of the
estimated gross domestic product chain-type
index for that fiscal year differs from the
average of such estimated index for the
current year.
(6) Current-year appropriations
If, for any account, a continuing
appropriation is in effect for less than the
entire current year, then the current-year
amount shall be assumed to equal the amount
that would be available if that continuing
appropriation covered the entire fiscal
year. If law permits the transfer of budget
authority among budget accounts in the
current year, the current-year level for an
account shall reflect transfers accomplished
by the submission of, or assumed for the
current year in, the President's original
budget for the budget year.
(d) Up-to-date concepts
In deriving the balance for any budget year or outyear,
current-year amount shall be calculated using the concepts
and definitions that are required for the budget year.
(e) Asset sales
Amounts realized from the sale of an asset shall not be
included in estimates under section 901, 902, or 903 of this
title if that sale would result in a financial cost to the
Federal Government as determined pursuant to scorekeeping
guidelines.
(Pub. L. 99-177, Title II, Sec. 257, Dec. 12, 1985, 99
Stat. 1092; Pub. L. 100-119, Title I, Sec. 102(b) (4)-(8),
104(c)(2), 106(b), Sept. 29, 1987; 101 Stat. 773, 774, 777,
780; Pub. L. 101-508, Title XIII, Sec. 13101(b), (e) Nov. 5,
1990, 104 Stat. 1388-589, 1388-591, 1388-593; Pub. L. 105-
33, Title X, Sec. 10209(a), Aug. 5, 1997, 111 Stat. 710.)
399.47a Sec. 907a. Suspension in the event of war or low growth.
(a) Procedures in the event of a low growth report
(1) Trigger
Whenever CBO issues a low-growth report
under section 904(j), of this title, the
Majority Leader of the House of Representatives
may, and the Majority Leader of the Senate
shall, introduce a joint resolution (in the form
set forth in paragraph (2)) declaring that the
conditions specified in section 904(j) of this
title are met and suspending the relevant
provisions of this title, titles III and VI of
the Congressional Budget Act of 1974, and
section 1103 of title 31.
(2) Form of joint resolution
(A) The matter after the resolving clause in
any joint resolution introduced pursuant to
paragraph (1) shall be as follows: ``That the
Congress declares that the conditions specified
in section 254(j) of the Balanced Budget and
Emergency Deficit Control Act of 1985 are met,
and the implementation of the Congressional
Budget and Impoundment Control Act of 1974,
chapter 11 of title 31, United States Code, and
part C of the Balanced Budget and Emergency
Deficit Control Act of 1985 are modified as
described in section 258(b) of the Balanced
Budget and Emergency Deficit Control Act of
1985.''
(B) The title of the joint resolution shall
be ``Joint resolution suspending certain
provisions of law pursuant to section 258(a)(2)
of the Balanced Budget and Emergency Deficit
Control Act of 1985.''; and the joint resolution
shall not contain any preamble.
(3) Committee action
Each joint resolution introduced pursuant to
paragraph (1) shall be referred to the
appropriate committees of the House of
Representatives or the Committee on the Budget
of the Senate, as the case may be; and such
Committee shall report the joint resolution to
its House without amendment on or before the
fifth day on which such House is in session
after the date on which the joint resolution is
introduced. If the Committee fails to report the
joint resolution within the five-day period
referred to in the preceding sentence, it shall
be automatically discharged from further
consideration of the joint resolution, and the
joint resolution shall be placed on the
appropriate calendar.
(4) Consideration of joint resolution
(A) A vote on final passage of a joint
resolution reported to the Senate or discharged
pursuant to paragraph (3) shall be taken on or
before the close of the fifth calendar day of
session after the date on which the joint
resolution is reported or after the Committee
has been discharged from further consideration
of the joint resolution. If prior to the passage
by one House of a joint resolution of that
House, that House receives the same joint
resolution from the other House, then--
(i) the procedure in that House shall be
the same as if no such joint resolution had
been received from the other House, but
(ii) the vote on final passage shall be
on the joint resolution of the other House.
When the joint resolution is agreed to, the Clerk of the
House of Representatives (in the case of a House joint
resolution agreed to in the House of Representatives) or the
Secretary of the Senate (in the case of a Senate joint
resolution agreed to in the Senate) shall cause the joint
resolution to be engrossed, certified, and transmitted to
the other House of the Congress as soon as practicable.
(B)(i) In the Senate, a joint resolution
under this paragraph shall be privileged. It
shall not be in order to move to reconsider the
vote by which the motion is agreed to or
disagreed to.
(ii) Debate in the Senate on a joint
resolution under this paragraph, and all
debatable motions and appeals in connection
therewith, shall be limited to not more than
five hours. The time shall be equally divided
between, and controlled by, the majority leader
and the minority leader or their designees.
(iii) Debate in the Senate on any debatable
motion or appeal in connection with a joint
resolution under this paragraph shall be limited
to not more than one hour, to be equally divided
between, and controlled by, the mover and the
manager of the joint resolution, except that in
the event the manager of the joint resolution is
in favor of any such motion or appeal, the time
in opposition thereto shall be controlled by the
minority leader or his designee.
(iv) A motion in the Senate to further limit
debate on a joint resolution under this
paragraph is not debatable. A motion to table or
to recommit a joint resolution under this
paragraph is not in order.
(C) No amendment to a joint resolution
considered under this paragraph shall be in
order in the Senate.
(b) Suspension of sequestration procedures
Upon the enactment of a declaration of war or a joint
resolution described in subsection (a) of this section--
(1) the subsequent issuance of any
sequestration report or any sequestration order
is precluded;
(2) sections 633(f), 641(d), 642(a) of this
title, and title VI of the Congressional Budget
Act of 1974 are suspended; and
(3) section 1103 of title 31 is suspended.
(c) Restoration of sequestration procedures
(1) In the event of a suspension of sequestration
procedures due to a declaration of war, then, effective with
the first fiscal year that begins in the session after the
state of war is concluded by Senate ratification of the
necessary treaties, the provisions of subsection (b) of this
section triggered by that declaration of war are no longer
effective.
(2) In the event of a suspension of sequestration
procedures due to the enactment of a joint resolution
described in subsection (a) of this section, then, effective
with regard to the first fiscal year beginning at least 12
months after the enactment of that resolution, the
provisions of subsection (b) of this section triggered by
that resolution are no longer effective. (Pub. L. 99-177,
Title II, Sec. 258, as added Pub. L. 101-508, Title XIII,
Sec. 13101(f), Nov. 5, 1990, 104 Stat. 1388-593.)
399.47b Sec. 907b. Modification of Presidential order.
(a) Introduction of joint resolution
At any time after the Director of OMB issues a final
sequestration report under section 904 of this title for a
fiscal year, but before the close of the twentieth calendar
day of the session of Congress beginning after the date of
issuance of such report, the majority leader of either House
of Congress may introduce a joint resolution which contains
provisions directing the President to modify the most recent
order issued under section 904 of this title or provide an
alternative to reduce the deficit for such fiscal year.
After the introduction of the first such joint resolution in
either House of Congress in any calendar year, then no other
joint resolution introduced in such House in such calendar
year shall be subject to the procedures set forth in this
section.
(b) Procedures for consideration of joint resolutions
(1) Referral to committee
A joint resolution introduced in the Senate
under subsection (a) of this section shall not
be referred to a committee of the Senate and
shall be placed on the calendar pending
disposition of such joint resolution in
accordance with this subsection.
(2) Consideration in the Senate
On or after the third calendar day
(excluding Saturdays, Sundays, and legal
holidays) beginning after a joint resolution is
introduced under subsection (a) of this section,
notwithstanding any rule or precedent of the
Senate, including Rule XXII of the Standing
Rules of the Senate, it is in order (even though
a previous motion to the same effect has been
disagreed to) for any Member of the Senate to
move to proceed to the consideration of the
joint resolution. The motion is not in order
after the eighth calendar day (excluding
Saturdays, Sundays, and legal holidays)
beginning after a joint resolution (to which the
motion applies) is introduced. The joint
resolution is privileged in the Senate. A motion
to reconsider the vote by which the motion is
agreed to or disagreed to shall not be in order.
If a motion to proceed to the consideration of
the joint resolution is agreed to, the Senate
shall immediately proceed to consideration of
the joint resolution without intervening motion,
order, or other business, and the joint
resolution shall remain the unfinished business
of the Senate until disposed of.
(3) Debate in the Senate
(A) In the Senate, debate on a joint
resolution introduced under subsection (a) of
this section, amendments thereto, and all
debatable motions and appeals in connection
therewith shall be limited to not more than 10
hours, which shall be divided equally between
the majority leader and the minority leader (or
their designees).
(B) A motion to postpone, or a motion to
proceed to the consideration of other business
is not in order. A motion to reconsider the vote
by which the joint resolution is agreed to or
disagreed to is not in order, and a motion to
recommit the joint resolution is not in order.
(C)(i) No amendment that is not germane to
the provisions of the joint resolution or to the
order issued under section 904 of this title
shall be in order in the Senate. In the Senate,
an amendment, any amendment to an amendment, or
any debatable motion or appeal is debatable for
not to exceed 30 minutes to be equally divided
between, and controlled by, the mover and the
majority leader (or their designees), except
that in the event that the majority leader
favors the amendment, motion, or appeal, the
minority leader (or the minority leader's
designee) shall control the time in opposition
to the amendment, motion, or appeal.
(ii) In the Senate an amendment that is
otherwise in order shall be in order
notwithstanding the fact that it amends the
joint resolution in more than one place or
amends language previously amended. It shall not
be in order in the Senate to vote on the
question of agreeing to such a joint resolution
or any amendment thereto unless the figures then
contained in such joint resolution or amendment
are mathematically consistent.
(4) Vote on final passage
Immediately following the conclusion of the
debate on a joint resolution introduced under
subsection (a) of this section, a single quorum
call at the conclusion of the debate if
requested in accordance with the rules of the
Senate, and the disposition of any pending
amendments under paragraph (3), the vote on
final passage of the joint resolution shall
occur.
(5) Appeals
Appeals from the decisions of the Chair
shall be decided without debate.
(6) Conference reports
In the Senate, points of order under titles
III, IV, and VI of the Congressional Budget Act
of 1974 are applicable to a conference report on
the joint resolution or any amendments in
disagreement thereto.
(7) Resolution from other House
If, before the passage by the Senate of a
joint resolution of the Senate introduced under
subsection (a) of this section, the Senate
receives from the House of Representatives, a
joint resolution introduced under subsection (a)
of this section, then the following procedures
shall apply:
(A) The joint resolution of the House of
Representatives shall not be referred to a
committee and shall be placed on the
calendar.
(B) With respect to a joint resolution
introduced under subsection (a) of this
section in the Senate--
(i) the procedure in the Senate
shall be the same as if no joint
resolution had been received from
the House; but
(ii)(I) the vote on final
passage shall be on the joint
resolution of the House if it is
identical to the joint resolution
then pending for passage in the
Senate; or
(II) if the joint resolution
from the House is not identical to
the joint resolution then pending
for passage in the Senate and the
Senate then passes the Senate joint
resolution, the Senate shall be
considered to have passed the House
joint resolution as amended by the
text of the Senate joint resolution.
(C) Upon disposition of the joint
resolution received from the House, it shall
no longer be in order to consider the
resolution originated in the Senate.
(8) Senate action on House resolution
If the Senate receives from the House of
Representatives a joint resolution introduced
under subsection (a) of this section after the
Senate has disposed of a Senate originated
resolution which is identical to the House
passed joint resolution, the action of the
Senate with regard to the disposition of the
Senate originated joint resolution shall be
deemed to be the action of the Senate with
regard to the House originated joint resolution.
If it is not identical to the House passed joint
resolution, then the Senate shall be considered
to have passed the joint resolution of the House
as amended by the text of the Senate joint
resolution. (Pub. L. 99-177, Title II,
Sec. 258A, as added Pub. L. 101-508, Title XIII,
Sec. 13101(f), Nov. 5, 1990, 104 Stat. 1388-
595.)
399.47c Sec. 907c. Flexibility among defense programs, projects, and
activities.
(a) Subject to subsections (b), (c), and (d) of this
section, new budget authority and unobligated balances for
any programs, projects, or activities within major
functional category 050 (other than a military personnel
account) may be further reduced beyond the amount specified
in an order issued by the President under section 904 of
this title for such fiscal year. To the extent such
additional reductions are made and result in additional
outlay reductions, the President may provide for lesser
reductions in new budget authority and unobligated balances
for other programs, projects, or activities within major
functional category 050 for such fiscal year, but only to
the extent that the resulting outlay increases do not exceed
the additional outlay reductions, and no such program,
project, or activity may be increased above the level
actually made available by law in appropriation Acts (before
taking sequestration into account). In making calculations
under this subsection, the President shall use account
outlay rates that are identical to those used in the report
by the Director of OMB under section 904 of this title.
(b) No actions taken by the President under subsection
(a) of this section for a fiscal year may result in a
domestic base closure or realignment that would otherwise be
subject to section 2687 of title 10.
(c) The President may not exercise the authority
provided by this paragraph for a fiscal year unless--
(1) the President submits a single report to
Congress specifying, for each account, the
detailed changes proposed to be made for such
fiscal year pursuant to this section;
(2) that report is submitted within 5
calendar days of the start of the next session
of Congress; and
(3) a joint resolution affirming or
modifying the changes proposed by the President
pursuant to this paragraph becomes law.
(d) Within 5 calendar days of session after the
President submits a report to Congress under subsection
(c)(1) of this section for a fiscal year, the majority
leader of each House of Congress shall (by request)
introduce a joint resolution which contains provisions
affirming the changes proposed by the President pursuant to
this paragraph.
(e)(1) The matter after the resolving clause in any
joint resolution introduced pursuant to subsection (d) of
this section shall be as follows: ``That the report of the
President as submitted on [Insert Date] under section 258B
is hereby approved.''.
(2) The title of the joint resolution shall be ``Joint
resolution approving the report of the President submitted
under section 258B of the Balanced Budget and Emergency
Deficit Control Act of 1985.''.
(3) Such joint resolution shall not contain any
preamble.
(f)(1) A joint resolution introduced in the Senate under
subsection (d) of this section shall be referred to the
Committee on Appropriations, and if not reported within 5
calendar days (excluding Saturdays, Sundays, and legal
holidays) from the date of introduction shall be considered
as having been discharged therefrom and shall be placed on
the appropriate calendar pending disposition of such joint
resolution in accordance with this subsection. In the
Senate, no amendment proposed in the Committee on
Appropriations shall be in order other than an amendment (in
the nature of a substitute) that is germane or relevant to
the provisions of the joint resolution or to the order
issued under section 904 of this title. For purposes of this
paragraph, an amendment shall be considered to be relevant
if it relates to function 050 (national defense).
(2) On or after the third calendar day (excluding
Saturdays, Sundays, and legal holidays) beginning after a
joint resolution is placed on the Senate calendar,
notwithstanding any rule or precedent of the Senate,
including Rule XXII of the Standing Rules of the Senate, it
is in order (even though a previous motion to the same
effect has been disagreed to) for any Member of the Senate
to move to proceed to the consideration of the joint
resolution. The motion is not in order after the eighth
calendar day (excluding Saturdays, Sundays, and legal
holidays) beginning after such joint resolution is placed on
the appropriate calendar. The motion is not debatable. The
joint resolution is privileged in the Senate. A motion to
reconsider the vote by which the motion is agreed to or
disagreed to shall not be in order. If a motion to proceed
to the consideration of the joint resolution is agreed to,
the Senate shall immediately proceed to consideration of the
joint resolution without intervening motion, order, or other
business, and the joint resolution shall remain the
unfinished business of the Senate until disposed of.
(g)(1) In the Senate, debate on a joint resolution
introduced under subsection (d) of this section, amendments
thereto, and all debatable motions and appeals in connection
therewith shall be limited to not more than 10 hours, which
shall be divided equally between the majority leader and the
minority leader (or their designees).
(2) A motion to postpone, or a motion to proceed to the
consideration of other business is not in order. A motion to
reconsider the vote by which the joint resolution is agreed
to or disagreed to is not in order. In the Senate, a motion
to recommit the joint resolution is not in order.
(h)(1) No amendment that is not germane or relevant to
the provisions of the joint resolution or to the order
issued under section 904 of this title shall be in order in
the Senate. For purposes of this paragraph, an amendment
shall be considered to be relevant if it relates to function
050 (national defense). In the Senate, an amendment, any
amendment to an amendment, or any debatable motion or appeal
is debatable for not to exceed 30 minutes to be equally
divided between, and controlled by, the mover and the
majority leader (or their designees), except that in the
event that the majority leader favors the amendment, motion,
or appeal, the minority leader (or the minority leader's
designee) shall control the time in opposition to the
amendment, motion, or appeal.
(2) In the Senate, an amendment that is otherwise in
order shall be in order notwithstanding the fact that it
amends the joint resolution in more than one place or amends
language previously amended, so long as the amendment makes
or maintains mathematical consistency. It shall not be in
order in the Senate to vote on the question of agreeing to
such a joint resolution or any amendment thereto unless the
figures then contained in such joint resolution or amendment
are mathematically consistent.
(3) It shall not be in order in the Senate to consider
any amendment to any joint resolution introduced under
subsection (d) of this section or any conference report
thereon if such amendment or conference report would have
the effect of decreasing any specific budget outlay
reductions below the level of such outlay reductions
provided in such joint resolution unless such amendment or
conference report makes a reduction in other specific budget
outlays at least equivalent to any increase in outlays
provided by such amendment or conference report.
(4) For purposes of the application of paragraph (3),
the level of outlays and specific budget outlay reductions
provided in an amendment shall be determined on the basis of
estimates made by the Committee on the Budget of the Senate.
(i) Immediately following the conclusion of the debate
on a joint resolution introduced under subsection (d) of
this section, a single quorum call at the conclusion of the
debate if requested in accordance with the rules of the
Senate, and the disposition of any pending amendments under
subsection (h) of this section, the vote on final passage of
the joint resolution shall occur.
(j) Appeals from the decisions of the Chair relating to
the application of the rules of the Senate to the procedure
relating to a joint resolution described in subsection (d)
of this section shall be decided without debate.
(k) In the Senate, points of order under titles III and
IV of the Congressional Budget Act of 1974 (including points
of order under sections 633(c), 634(a), 637, and 651(b)(1)
of this title) 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 subsection (d) of
this section, the Senate receives from the House of
Representatives a joint resolution introduced under
subsection (d) of this section, then the following
procedures shall apply:
(1) The joint resolution of the House of
Representatives shall not be referred to a
committee.
(2) With respect to a joint resolution
introduced under subsection (d) of this section
in the Senate--
(A) the procedure in the Senate shall be
the same as if no joint resolution had been
received from the House; but
(B)(i) the vote on final passage shall
be on the joint resolution of the House if
it is identical to the joint resolution then
pending for passage in the Senate; or
(ii) if the joint resolution from the
House is not identical to the joint
resolution then pending for passage in the
Senate and the Senate then passes the Senate
joint resolution, the Senate shall be
considered to have passed the House joint
resolution as amended by the text of the
Senate joint resolution.
(3) Upon disposition of the joint resolution
received from the House, it shall no longer be
in order to consider the joint resolution
originated in the Senate.
(m) If the Senate receives from the House of
Representatives a joint resolution introduced under
subsection (d) of this section after the Senate has disposed
of a Senate originated joint resolution which is identical
to the House passed joint resolution, the action of the
Senate with regard to the disposition of the Senate
originated joint resolution shall be deemed to be the action
of the Senate with regard to the House originated joint
resolution. If it is not identical to the House passed joint
resolution, then the Senate shall be considered to have
passed the joint resolution of the House as amended by the
text of the Senate joint resolution. (Pub. L. 99-177, Title
II, Sec. 258B, as added Pub. L. 101-508, Title XIII,
Sec. 13101(g), Nov. 5, 1990, 104 Stat. 1388-597.)
399.47d Sec. 907d. Special reconciliation process.
(a) Reporting of a resolutions and reconciliation bills and
resolutions, in the Senate
(1) Committee alternatives to Presidential order
After the submission of an OMB sequestration
update report under section 904 of this title
that envisions a sequestration under section 902
or 903 of this title, each standing committee of
the Senate may, not later than October 10,
submit to the Committee on the Budget of the
Senate information of the type described in
section 632(d) of this title with respect to
alternatives to the order envisioned by such
report insofar as such order affects laws within
the jurisdiction of the committee.
(2) Initial Budget Committee action
After the submission of such a report, the
Committee on the Budget of the Senate may, not
later than October 15, report to the Senate a
resolution. The resolution may affirm the impact
of the order envisioned by such report, in whole
or in part. The the extent that any part is not
affirmed, the resolution shall state which parts
are not affirmed and shall contain instructions
to committees of the Senate of the type referred
to in section 641(a) of this title, sufficient
to achieve at least the total level of deficit
reduction contained in those sections which are
not affirmed.
(3) Response of committees
Committees instructed pursuant to paragraph
(2), or affected thereby, shall submit their
responses to the Budget Committee no later than
10 days after the resolution referred to in
paragraph (2) is agreed to, except that if only
one such Committee is so instructed such
Committee shall, by the same date, report to the
Senate a reconciliation bill or reconciliation
resolution containing its recommendations in
response to such instructions. A committee shall
be considered to have a complied with all
instructions to it pursuant to a resolution
adopted under paragraph (2) if it has made
recommendations with respect to matters within
its jurisdiction which would result in a
reduction in the deficit at least equal to the
total reduction directed by such instructions.
(4) Budget Committee action
Upon receipt of its recommendations received
in response to a resolution referred to in
paragraph (2), the Budget Committee shall report
to the Senate a reconciliation bill or
reconciliation resolution, or both, carrying out
all such recommendations without any substantive
revisions. In the event that a committee
instructed in a resolution referred to in
paragraph (2) fails to submit any recommendation
(or, when only one committee is instructed,
fails to report a reconciliation bill or
resolution) in response to such instructions,
the Budget Committee shall include in the
reconciliation bill or reconciliation resolution
reported pursuant to this subparagraph
legislative language within the jurisdiction of
the noncomplying committee to achieve the amount
of deficit reduction directed in such
instructions.
(5) Point of order
It shall not be in order in the Senate to
consider any reconciliation bill or
reconciliation resolution reported under
paragraph (4) with respect to a fiscal year, any
amendment thereto, or any conference report
thereon if--
(A) the enactment of such bill or
resolution as reported;
(B) the adoption and enactment of such
amendment; or
(C) the enactment of such bill or
resolution in the form recommended in such
conference report,
would cause the amount of the deficit for such fiscal year
to exceed the maximum deficit amount for such fiscal year,
unless the low-growth report submitted under section 904 of
this title projects negative real economic growth for such
fiscal year, or for each of any two consecutive quarters
during such fiscal year.
(6) Treatment of certain amendments
In the Senate, an amendment which adds to a
resolution reported under paragraph (2) an
instruction of the type referred to in such
paragraph shall be in order during the
consideration of such resolution if such
amendment would be in order but for the fact
that it would be held to be non-germane on the
basis that the instruction constitutes new
matter.
(7) Definition
For purposes of paragraphs (1), (2), and
(3), the term ``day'' shall mean any calendar
day on which the Senate is in session.
(b) Procedures
(1) In general
Except as provided in paragraph (2), in the
Senate the provisions of sections 636 and 641 of
this title for the consideration of concurrent
resolutions on the budget and conference reports
thereon shall also apply to the consideration of
resolutions, and reconciliation bills and
reconciliation resolutions reported under this
paragraph and conference reports thereon.
(2) Limit on debate
Debate in the Senate on any resolution
reported pursuant to subsection (a)(2) of this
section, and all amendments thereto and
debatable motions and appeals in connection
therewith, shall be limited to 10 hours.
(3) Limitation on amendments
Section 641(d)(2) of this title shall apply
to reconciliation bills and reconciliation
resolutions reported under this subsection.
(4) Bills and resolutions received from the House
Any bill or resolution received in the
Senate from the House, which is a companion to a
reconciliation bill or reconciliation resolution
of the Senate for the purposes of this
subsection, shall be considered in the Senate
pursuant to the provisions of this subsection.
(5) Definition
For purposes of this subsection, the term
``resolution'' means a simple, joint, or
concurrent resolution. (Pub. L. 99-177, Title
II, Sec. 258C, as added Pub. L. 101-508, Title
XIII, Sec. 13101(g), Nov. 5, 1990, 104 Stat.
1388-600.)
399.48 Sec. 908. Repealed. Pub. L. 105-33, Title X, Sec. 10210,
Aug. 5, 1997, 111 Stat. 711.
399.48a Sec. 909. Repealed. Pub. L. 101-508, Title XIII, Sec. 13212,
Nov. 5, 1990, 104 Stat. 1388-621.
Subchapter II.--Operation and Review
399.49 Sec. 921. Transferred.
399.49a Sec. 922. Judicial review.
(a) Expedited review
(1) Any Member of Congress may bring an action, in the
United States District Court for the District of Columbia,
for declaratory judgment and injunctive relief on the ground
that any order that might be issued pursuant to section 904
of this title violates the Constitution.
(2) Any Member of Congress, or any other person
adversely affected by any action taken under this title, may
bring an action, in the United States District Court for the
District of Columbia, for declaratory judgment and
injunctive relief concerning the constitutionality of this
title.
(3) Any Member of Congress may bring an action, in the
United States District Court for the District of Columbia,
for declaratory and injunctive relief on the ground that the
terms of an order issued under section 904 of this title do
not comply with the requirements of this title.
(4) A copy of any complaint in an action brought under
paragraph (1), (2), or (3) shall be promptly delivered to
the Secretary of the Senate and the Clerk of the House of
Representatives, and each House of Congress shall have the
right to intervene in such action.
(5) Any action brought under paragraph (1), (2), or (3)
shall be heard and determined by a three-judge court in
accordance with section 2284 of title 28.
Nothing in this section or in any other law shall infringe
upon the right of the House of Representatives to intervene
in an action brought under paragraph (1), (2), or (3)
without the necessity of adopting a resolution to authorize
such intervention.
(b) Appeal to Supreme Court
Notwithstanding any other provision of law, any order of
the United States District Court for the District of
Columbia which is issued pursuant to an action brought under
paragraph (1), (2), or (3) of subsection (a) of this section
shall be reviewable by appeal directly to the Supreme Court
of the United States. Any such appeal shall be taken by a
notice of appeal filed within 10 days after such order is
entered; and the jurisdictional statement shall be filed
within 30 days after such order is entered. No stay of an
order issued pursuant to an action brought under paragraph
(1), (2), or (3) of subsection (a) of this section shall be
issued by a single Justice of the Supreme Court.
(c) Expedited consideration
It shall be the duty of the District Court for the
District of Columbia and the Supreme Court of the United
States to advance on the docket and to expedite to the
greatest possible extent the disposition of any matter
brought under subsection (a) of this section.
(d) Noncompliance with sequestration procedures
(1) If it is finally determined by a court of competent
jurisdiction that an order issued by the President under
section 904 of this title for any fiscal year--
(A) does not reduce automatic spending
increases under any program specified in section
906(a) of this title if such increases are
required to be reduced by subchapter I of this
chapter (or reduces such increases by a greater
extent than is so required), or
(B) does not sequester the amount of
budgetary resources which is required to be
sequestered by subchapter I of this chapter (or
sequesters more than that amount) with respect
to any program, project, activity, or amount,
the President shall, within 20 days after such determination
is made, revise the order in accordance with such
determination.
(2) If the order issued by the President under section
904 of this title for any fiscal year--
(A) does not reduce any automatic spending
increase to the extent that such increase is
required to be reduced by subchapter I of this
chapter,
(B) does not sequester any amount of new
budget authority, new loan guarantee
commitments, new direct loan obligations, or
spending authority which is required to be
sequestered by subchapter I of this chapter, or
(C) does not reduce any obligation
limitation by the amount by which such
limitation is required to be reduced under
subchapter I of this chapter,
on the claim or defense that the constitutional powers of
the President prevent such sequestration or reduction or
permit the avoidance of such sequestration or reduction, and
such claim or defense is finally determined by the Supreme
Court of the United States to be valid, then the entire
order issued pursuant to section 904 of this title for such
fiscal year shall be null and void.
(e) Timing of relief
No order of any court granting declaratory or injunctive
relief from the order of the President issued under section
904 of this title, including but not limited to relief
permitting or requiring the expenditure of funds sequestered
by such order, shall take effect during the pendency of the
action before such court, during the time appeal may be
taken, or, if appeal is taken, during the period before the
court to which such appeal is taken has entered its final
order disposing of such action.
(f) Preservation of other rights
The rights created by this section are in addition to
the rights of any person under law, subject to subsection
(e) of this section.
(g) Economic data and assumptions
The economic data and economic assumptions used by the
Director of OMB in computing the figures specified in any
report issued by the Director of OMB under section 904 of
this title shall not be subject to review in any judicial or
administrative proceeding. (Pub. L. 99-177, Title II,
Sec. 274, Dec. 12, 1985, 99 Stat. 1098; Pub. L. 100-119,
Title I, Sec. 102(b)(9), (10), Sept. 29, 1987, 101 Stat.
774, 775; Pub. L. 105-33, Title X, Sec. 10211, Aug. 5, 1997,
111 Stat. 711.)
Chapter 22.--JOHN C. STENNIS CENTER FOR PUBLIC SERVICE
TRAINING AND DEVELOPMENT
399.50 Sec. 1101. Congressional findings.
The Congress makes the following findings:
(1) Senator John C. Stennis of the State of
Mississippi has served his State and country
with distinction for more than 60 years as a
public servant, including service in the United
States Senate for a period of 41 years.
(2) Senator Stennis has a distinguished
record as a United States Senator, including
service as the first Chairman of the Select
Committee on Ethics, Chairman of the Committee
on Armed Services, Chairman of the Committee on
Appropriations, and President pro tempore of the
Senate.
(3) Senator Stennis has long maintained a
special interest in and devotion to the
development of leadership and excellence in
public service.
(4) There is a compelling need to encourage
outstanding young people to pursue public
service on a career basis and to provide public
service leadership training opportunities for
individuals serving in State and local
governments and for individuals serving as
employees of Members of Congress.
(5) It would be a fitting tribute to Senator
Stennis and to his leadership, integrity, and
years of devoted public service to establish in
his name a center for the training and
development of leadership excellence in public
service. (Pub. L. 100-458, Title I, Sec. 112,
Oct. 1, 1988, 102 Stat. 2172.)
399.51 Sec. 1102. Definitions.
In this subtitle:
(1) The term ``Center'' means the John C.
Stennis Center for Public Service Training and
Development established under section 1103(a).
(2) The term ``Board'' means the Board of
Trustees of the John C. Stennis Center for
Public Service Training and Development
established under section 1103(b).
(3) The term ``fund'' means the John C.
Stennis Center for Public Service Training and
Development Trust Fund provided for under
section 1105. (Pub. L. 100-458, Title I,
Sec. 113, Oct. 1, 1988, 102 Stat. 2172.)
399.52 Sec. 1103. Establishment of the John C. Stennis Center for
Public Service Training and Development.
(a) Establishment.--There is established in the
legislative branch of the Government a center to be known as
the ``John C. Stennis Center for Public Service Training and
Development''.
(b) Board of Trustees.--The Center shall be subject to
the supervision and direction of a Board of Trustees. The
Board shall be composed of seven members, as follows:
(1) Two members to be appointed by the
majority leader of the Senate.
(2) One member to be appointed by the
minority leader of the Senate.
(3) Two members to be appointed by the
Speaker of the House of Representatives.
(4) One member to be appointed by the
minority leader of the House of Representatives.
(5) The Executive Director of the Center,
who shall serve as an ex-officio member of the
Board.
(c) Term of Office.--The term of office of each member
of the Board appointed under paragraphs (1), (2), (3), and
(4) of subsection (b) shall be six years, except that--
(1) the members first appointed under
paragraphs (1) and (2) shall serve, as
designated by the majority leader of the Senate,
one for a term of two years, one for a term of
four years, and one for a term of six years;
(2) the members first appointed under
paragraphs (3) and (4) shall serve, as
designated by the Speaker of the House of
Representatives, one for a term of two years,
one for a term of four years, and one for a term
of six years; and
(3) a member appointed to fill a vacancy
shall serve for the remainder of the term for
which his predecessor was appointed and shall be
appointed in the same manner as the original
appointment for that vacancy was made.
(d) Travel and Subsistence Pay.--Members of the Board
(other than the Executive Director) shall serve without pay,
but shall be entitled to reimbursement for travel,
subsistence, and other necessary expenses incurred in the
performance of their duties.
(e) Location of Center.--The Center shall be located at
or near Starkville, Mississippi, the location of Mississippi
State University. (Pub. L. 100-458, Title I, Sec. 114, Oct.
1, 1988, 102 Stat. 2173.)
399.53 Sec. 1104. Purposes and authority of the Center.
(a) Purposes of Center.--The purposes of the Center
shall be--
(1) to increase awareness of the importance
of public service, to foster among the youth of
the United States greater recognition and
understanding of the role of public service in
the development of the United States, and to
promote public service as a career choice;
(2) to provide training and development
opportunities for State and local elected
government officials and employees of State and
local governments in order to assist such
officials and employees to become more effective
and more efficient in performing their public
duties and develop their potential for accepting
increased public service opportunities; and
(3) to provide training and development
opportunities for those employees of Members of
the Congress who perform key roles in helping
Members of Congress serve the people of the
United States.
(b) Authority of Center.--The Center is authorized,
consistent with this subtitle, to develop such programs,
activities, and services as it considers appropriate to
carry out the purposes of this subtitle. Such authority
shall include the following:
(1) The development and implementation of
educational programs for secondary and post-
secondary schools and colleges designed--
(A) to improve the attitude of students
toward public service;
(B) to encourage students to consider
public service as a career goal;
(C) to create a better understanding of
the important role that people in public
service have played in the growth and
development of the United States; and
(D) to foster a sense of civic
responsibility among the youth of the United
States.
(2) The development and implementation of
programs designed--
(A) to enhance skills and abilities of
public service employees and elected
officials at the State and local levels of
government;
(B) to make such officials more
productive and effective in the performance
of their duties; and
(C) to help prepare such employees and
officials to assume greater responsibilities
in the field of public service.
(3) The development and implementation of
congressional staff training programs designed
to equip congressional staff personnel to
perform their duties more effectively and
efficiently.
(4) The development and implementation of
media and telecommunications production
capabilities to assist the Center in expanding
the reach of its programs throughout the United
States.
(5) The establishment of library and
research facilities for the collection and
compilation of research materials for use in
carrying out the programs of the Center.
(C) Program Priorities.--The Board of Trustees shall
determine the priority of the programs to be carried out
under this subtitle and the amount of funds to be allocated
for such programs. (Pub. L. 100-458, Title I, Sec. 115, Oct.
1, 1988, 102 Stat. 2173.)
399.54 Sec. 1105. John C. Stennis Center for Public Service
Development Trust Fund.
(a) Establishment of Fund.--There is established in the
Treasury of the United States a trust fund to be known as
the ``John C. Stennis Center for Public Service Development
Trust Fund''. The fund shall consist of amounts appropriated
to it pursuant to section 1110 and amounts credited to it
under subsection (d).
(b) Investment of Fund Assets.--(1) It shall be the duty
of the Secretary of the Treasury to invest in full the
amounts appropriated to the fund. Such investments may be
made only in interest bearing obligations of the United
States or in obligations guaranteed as to both principal and
interest by the United States. For such purpose, such
obligations may be acquired on original issue at the issue
price or by purchase of outstanding obligations at the
marketplace.
(2) The purposes for which obligations of the United
States may be issued under the Second Liberty Bond Act are
hereby extended to authorize the issuance at par of special
obligations exclusively to the fund. Such special
obligations shall bear interest at a rate equal to the
average rate of interest, computed as to the end of the
calendar month next preceding the date of such issue, borne
by all marketable interest bearing obligations of the United
States then forming a part of the public debt, except that
when such average rate is not a multiple of one-eighth of
one percent, the rate of interest of such special
obligations shall be the multiple of one-eighth of one
percent next lower than such average rate. Such special
obligations shall be issued only if the Secretary determines
that the purchase of other interest bearing obligations of
the United States, or of obligations guaranteed as to both
principal and interest by the United States or original
issue or at the market price, is not in the public interest.
(c) Authority To Sell Obligations.--Any obligation
acquired by the fund (except special obligations issued
exclusively to the fund) may be sold by the Secretary of the
Treasury at the market price, and such special obligations
may be redeemed at par plus accrued interest.
(d) Proceeds From Certain Transactions Credited to
Fund.--In addition to the appropriations received pursuant
to section 1110 of this title, the interest on, and the
proceeds from the sale or redemption of, any obligations
held in the fund pursuant to section 1108(a) of this title,
shall be credited to and form a part of the fund. (Pub. L.
100-458, Title I, Sec. 116, Oct. 1, 1988, 102 Stat. 2174;
Pub. L. 101-520, Title III, Sec. 313(a), Nov. 5, 1990, 104
Stat. 2282.)
399.55 Sec. 1106. Expenditures and audit of Trust Fund.
(a) In General.--The Secretary of the Treasury is
authorized to pay to the Center from the interest and
earnings of the fund, and moneys credited to the fund
pursuant to section 1108(a) of this title, such sums as the
Board determines are necessary and appropriate to enable the
Center to carry out the provisions of this chapter.
(b) Audit by GAO.--The activities of the Center under
this subtitle may be audited by the General Accounting
Office under such rules and regulations as may be prescribed
by the Comptroller General of the United States.
Representatives of the General Accounting Office shall have
access to all books, accounts, records, reports, and files
and all other papers, things, or property belonging to or in
use by the Center, pertaining to such activities and
necessary to facilitate the audit. (Pub. L. 100-458, Title
I, Sec. 117, Oct. 1, 1988, 102 Stat. 2175; Pub. L. 101-520,
Title III, Sec. 313(b), Nov. 5, 1990, 104 Stat. 2282.)
399.56 Sec. 1107. Executive Director of Center.
(a) Appointment by Board.--(1) There shall be an
Executive Director of the Center who shall be appointed by
the Board. The Executive Director shall be the chief
executive officer of the Center an shall carry out the
functions of the Center subject to the supervision and
direction of the Board. The Executive Director shall carry
out such other functions consistent with the provisions of
this subtitle as the Board shall prescribe.
(2) The Executive Director shall not be eligible to
serve as Chairman of the Board.
(b) Compensation.--The Executive Director of the Center
shall be compensated at the rate specified for employees in
grade GS-18 of the General Schedule under section 5332 of
title 5, United States Code. (Pub. L. 100-458, Title I,
Sec. 118, Oct. 1, 1988, 102 Stat. 2175.)
399.57 Sec. 1108. Administrative provisions.
(a) In General.--In order to carry out the provisions of
this subtitle, the Center may--
(1) appoint and fix the compensation of such
personnel as may be necessary to carry out the
provisions of this subtitle, except that in no
case shall employees other than the Executive
Director be compensated at a rate to exceed the
maximum rate for employees in grade GS-15 of the
General Schedule under section 5332 of title 5,
United States Code;
(2) procure temporary and intermittent
services of experts and consultants as are
necessary to the extent authorized by section
3109 of title 5, United States Code, but at
rates not to exceed the rate specified at the
time of such service for grade GS-18 under
section 5332 of such title;
(3) prescribe such regulations as it
considers necessary governing the manner in
which its functions shall be carried out;
(4) solicit and receive money and other
property donated, bequeathed, or devised,
without condition or restriction other than it
be used for the purposes of the Center, and to
use, sell, or otherwise dispose of such property
for the purpose of carrying out its functions;
(5) accept and utilize the services of
voluntary and noncompensated personnel and
reimburse them for travel expenses, including
per diem, as authorized by section 5703 of title
5, United States Code;
(6) enter into contracts, grants, or other
arrangements, or modifications thereof, to carry
out the provisions of this subtitle, and such
contracts or modifications thereof may, with the
concurrence of two-thirds of the members of the
Board, be entered into without performance or
other bonds, and without regard to section 3709
of the Revised Statutes (41 U.S.C. 5);
(7) make expenditures for official reception
and representation expenses as well as
expenditures for meals, entertainment and
refreshments in connection with official
training sessions or other authorized programs
or activities;
(8) apply for, receive and use for the
purposes of the Center grants or other
assistance from Federal sources;
(9) establish, receive and use for the
purposes of the Center fees or other charges for
goods or services provided in fulfilling the
Center's purposes to persons not enumerated in
section 1104(b) of this title;
(10) invest, as specified in section 1105(b)
of this title, moneys authorized to be received
under this section; and
(11) make other necessary expenditures.
(b) Annual Report.--The Center shall submit to Congress
an annual report of its operations under this subtitle.
(Pub. L. 100-458, Title I, Sec. 119, Oct. 1, 1988, 102 Stat.
2176; Pub. L. 101-163, Title III, Sec. 320, Nov. 21, 1989,
103 Stat. 1068; Pub. L. 101-520, Title III, Sec. 313(c),
Nov. 5, 1990, 104 Stat. 2282.)
Cross Reference
Authority of the Library of Congress to provide
financial services, see section 142j of title 2, United
States Code (Senate Manual Section 323.5).
399.58 Sec. 1109. Authorization for appropriations.
There are authorized to be appropriated such sums as may
be necessary to carry out this chapter. (Pub. L. 100-458,
Title I, Sec. 120, Oct. 1, 1988, 102 Stat. 2176.)
399.59 Sec. 1110. Appropriations.
There is appropriated to the fund the sum of $7,500,000
to carry out this chapter. (Oct. 1, 1988, Pub. L. 100-458,
Sec. 121, 102 Stat. 2176.)
Chapter 23.--GOVERNMENT EMPLOYEE RIGHTS
399.60 Sec. 1201. Government Employee Rights Act of 1991.
(a) Short title
This chapter may be cited as the ``Government Employee
Rights Act of 1991''.
(b) Purpose
The purpose of this chapter is to provide procedures to
protect the rights of certain government employees, with
respect to their public employment, to be free of
discrimination on the basis of race, color, religion, sex,
national origin, age, or disability.
(c) Definition
For purposes of this chapter, the term ``violation''
means a practice that violates section 1202(a) of this
title. (Pub. L. 102-166, Title III, Sec. 301, Nov. 21, 1991,
105 Stat. 1088; Pub. L. 103-283, Title III, Sec. 312(f)(1),
July 22, 1994, 108 Stat. 1446; Pub. L. 104-1, Title V,
Sec. 504(a)(1), Jan. 23, 1995, 109 Stat. 40.)
399.61 Sec. 1202. Discriminatory practices prohibited
(a) Practices
All personnel actions affecting the Presidential
appointees described in section 1219 of this title or the
State employees described in section 1220 of this title
shall be made free from any discrimination based on--
(1) race, color, religion, sex, or national
origin, within the meaning of section 717 of the
Civil Rights Act of 1964 (42 U.S.C. 2000e16);
(2) age, within the meaning of section 15 of
the Age Discrimination in Employment Act of 1967
(29 U.S.C. 633a); or
(3) disability, within the meaning of
section 501 of the Rehabilitation Act of 1973
(29 U.S.C. 791) and sections 102 through 104 of
the Americans with Disabilities Act of 1990 (42
U.S.C. 12112-14).
(b) Remedies
The remedies referred to in sections 1219(a)(1) and
1220(a) of this title--
(1) may include, in the case of a
determination that a violation of subsection
(a)(1) or (a)(3) of this section has occurred,
such remedies as would be appropriate if awarded
under sections 2000e-5(g), 2000e-5(k), and
2000e-16(d) of title 42, and such compensatory
damages as would be appropriate if awarded under
section 1981 or sections 1981a(a) and
1981a(b)(2) of title 42;
(2) may include, in the case of a
determination that a violation of subsection
(a)(2) of this section has occurred, such
remedies as would be appropriate if awarded
under section 633a(c) of title 29; and
(3) may not include punitive damages. (Pub.
L. 102-166, Title III, Sec. 302, Nov. 21, 1991,
105 Stat. 1088; Pub. L. 104-1, Title V,
Sec. 504(a)(1), Jan. 23, 1995, 109 Stat. 40.)
[Sec. Sec. 1203 to 1218 Repealed.] (Pub. L. 104-1, Title V,
Sec. 504(a)(2), Jan. 23, 1995, 109 Stat. 41.)
399.62 Sec. 1219. Repealed. Pub. L. 104-331, Sec. 5(a), (b), Oct
26, 1996, 110 Stat. 4072.
399.63 Sec. 1220. Coverage of previously exempt State employees.
(a) Application
The rights, protections, and remedies provided pursuant
to section 1202 of this title shall apply with respect to
employment of any individual chosen or appointed, by a
person elected to public office in any State or political
subdivision of any State by the qualified voters thereof--
(1) to be a member of the elected official's
personal staff;
(2) to serve the elected official on the
policymaking level; or
(3) to serve the elected official as an
immediate advisor with respect to the exercise
of the constitutional or legal powers of the
office.
(b) Enforcement by administrative action
(1) In general
Any individual referred to in subsection (a)
of this section may file a complaint alleging a
violation, not later than 180 days after the
occurrence of the alleged violation, with the
Equal Employment Opportunity Commission, which,
in accordance with the principles and procedures
set forth in sections 554 through 557 of title
5, United States Code, shall determine whether a
violation has occurred and shall set forth its
determination in a final order. If the Equal
Employment Opportunity Commission determines
that a violation has occurred, the final order
shall also provide for appropriate relief.
(2) Referral to State and local authorities
(A) Application.--Section 2000e-5(d) of
title 42 shall apply with respect to any
proceeding under this section.
(B) Definition.--For purposes of the
application described in subparagraph (A), the
term ``any charge filed by a member of the
Commission alleging an unlawful employment
practice'' means a complaint filed under this
section.
(c) Judicial review
Any party aggrieved by a final order under subsection
(b) of this section may obtain a review of such order under
chapter 158 of title 28, United States Code [28 U.S.C. 2341
et seq.]. For the purpose of this review, the Equal
Employment Opportunity Commission shall be an ``agency'' as
that term is used in chapter 158 of title 28, United States
Code [28 U.S.C. 2341 et seq.].
(d) Standard of review
To the extent necessary to decision and when presented,
the reviewing court shall decide all relevant questions of
law and interpret constitutional and statutory provisions.
The court shall set aside a final order under subsection (b)
of this section if it is determined that the order was--
(1) arbitrary, capricious, an abuse of
discretion, or otherwise, not consistent with
law;
(2) not made consistent with required
procedures; or
(3) unsupported by substantial evidence.
In making the foregoing determinations, the court shall
review the whole record or those parts of it cited by a
party, and due account shall be taken of the rule of
prejudicial error.
(e) Attorney's fees
If the individual referred to in subsection (a) of this
section is the prevailing party in a proceeding under this
subsection, attorney's fees may be allowed by the court in
accordance with the standards prescribed under section
2000e-5(k) of title 42. (Pub. L. 102-166, Title III,
Sec. 304, formerly Sec. 321, renumbered Sec. 304, and
amended Pub. L. 104-1, Title V, Sec. 504(a)(3), (4), Jan.
23, 1995, 109 Stat. 41.)
[Sec. Sec. 1221 to 1224 Repealed.] (Pub. L. 104-1, Title V,
Sec. 504(a)(2), Jan. 23, 1995, 109 Stat. 41.)
399.70
Chapter 24.--CONGRESSIONAL ACCOUNTABILITY
Subchapter I.--General
399.70-1 Sec. 1301.1 Definitions.
Except as otherwise specifically provided in this
chapter, as used in this chapter:
(1) Board
The term ``Board'' means the Board of
Directors of the Office of Compliance.
(2) Chair
The term ``Chair'' means the Chair of
the Board of Directors of the Office of
Compliance.
(3) Covered employee
The term ``covered employee'' means any
employee of--
(A) the House of
Representatives;
(B) the Senate;
(C) the Capitol Guide Service;
(D) the Capitol Police;
(E) the Congressional Budget
Office;
(F) the Office of the Architect
of the Capitol;
(G) the Office of the Attending
Physician;
(H) the Office of Compliance; or
(I) the Office of Technology
Assessment.
(4) Employee
The term ``employee'' includes an
applicant for employment and a former
employee.
(5) Employee of the Office of the Architect
of the Capitol
The term ``employee of the Office of the
Architect of the Capitol'' includes any
employee of the Office of the Architect of
the Capitol, the Botanic Garden, or the
Senate Restaurants.
(6) Employee of the Capitol Police
The term ``employee of the Capitol
Police'' includes any member or officer of
the Capitol Police.
(7) Employee of the House of Representatives
The term ``employee of the House of
Representatives'' includes an individual
occupying a position the pay for which is
disbursed by the Clerk of the House of
Representatives, or another official
designated by the House of Representatives,
or any employment position in an entity that
is paid with funds derived from the clerk-
hire allowance of the House of
Representatives but not any such individual
employed by any entity listed in
subparagraphs (C) through (I) of paragraph
(3).
(8) Employee of the Senate
The term ``employee of the Senate''
includes any employee whose pay is disbursed
by the Secretary of the Senate, but not any
such individual employed by any entity
listed in subparagraphs (C) through (1) of
paragraph (3).
(9) Employing office
The term ``employing office'' means--
(A) the personal office of a
Member of the House of
Representatives or of a Senator;
(B) a committee of the House of
Representatives or the Senate or a
joint committee;
(C) any other office headed by a
person with the final authority to
appoint, hire, discharge, and set
the terms, conditions, or privileges
of the employment of an employee of
the House of Representatives or the
Senate; or
(D) the Capitol Guide Board, the
Capitol Police Board, the
Congressional Budget Office, the
Office of the Architect of the
Capitol, the Office of the Attending
Physician, the Office of Compliance,
and the Office of Technology
Assessment.
(10) Executive Director
The term ``Executive Director'' means
the Executive Director of the Office of
Compliance.
(11) General Counsel
The term ``General Counsel'' means the
General Counsel of the Office of Compliance.
(12) Office
The term ``Office'' means the Office of
Compliance. (Pub. L. 104-1, Title I,
Sec. 101, Jan. 23, 1995, 109 Stat. 4.)
399.70-2 Sec. 1302. Application of laws.
(a) Laws made applicable
The following laws shall apply, as prescribed by this
chapter, to the legislative branch of the Federal
Government:
(1) The Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.).
(2) Title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e et seq.).
(3) The Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.)
(4) The Age Discrimination in Employment Act
of 1967 (29 U.S.C. 621 et seq.).
(5) The Family and Medical Leave Act of 1993
(29 U.S.C. 2611 et seq.).
(6) The Occupational Safety and Health Act
of 1970 (29 U.S.C. 651 et seq.).
(7) Chapter 71 (relating to Federal service
labor-management relations) of title 5.
(8) The Employee Polygraph Protection Act of
1988 (29 U.S.C. 2001 et seq.).
(9) The Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2101 et seq.).
(10) The Rehabilitation Act of 1973 (29
U.S.C. 701 et seq.).
(11) Chapter 43 (relating to veterans'
employment and reemployment) of title 38.
(b) Laws which may be made applicable
(1) In general
The Board shall review provisions of Federal
law (including regulations) relating to (A) the
terms and conditions of employment (including
hiring, promotion, demotion, termination,
salary, wages, overtime compensation, benefits,
work assignments or reassignments, grievance and
disciplinary procedures, protection from
discrimination in personnel actions,
occupational health and safety, and family and
medical and other leave) of employees, and (B)
access to public services and accommodations.
(2) Board report
Beginning on December 31, 1996, and every 2
years thereafter, the Board shall report on (A)
whether or to what degree the provisions
described in paragraph (1) are applicable or
inapplicable to the legislative branch, and (B)
with respect to provisions inapplicable to the
legislative branch, whether such provisions
should be made applicable to the legislative
branch. The presiding officers of the House of
Representatives and the Senate shall cause each
such report to be printed in the Congressional
Record and each such report shall be referred to
the committees of the House of Representatives
and the Senate with jurisdiction.
(3) Reports of congressional committees
Each report accompanying any bill or joint
resolution relating to terms and conditions of
employment or access to public services or
accommodations reported by a committee of the
House of Representatives or the Senate shall--
(A) describe the manner in which the
provisions of the bill or joint resolution
apply to the legislative branch; or
(B) in the case of a provision not
applicable to the legislative branch,
include a statement of the reasons the
provisions does not apply.
On the objection of any Member, it shall not
be in order for the Senate or the House of
Representatives to consider any such bill or
joint resolution if the report of the committee
on such bill or joint resolution does not comply
with the provisions of this paragraph. This
paragraph may be waived in either House by
majority vote of that House. (Pub. L. 104-1,
Title I, Sec. 102, Jan. 23, 1995, 109 Stat. 5.)
399.71
Subchapter II.--Extension of Rights and Protections
Part A.--Employment Discrimination, Family and Medical
Leave, Fair Labor Standards, Employee Polygraph Protection,
Worker Adjustment and Retraining, Employment and Reemployment
of Veterans, and Intimidation
399.71-1 Sec. 1311. Rights and protections under Title VII of the
Civil Rights Act of 1964, the Age Discrimination in
Employment Act of 1967, the Rehabilitation Act of 1973,
and Title I of the Americans With Disabilities Act of
1990.
(a) Discriminatory practices prohibited
All personnel actions affecting covered employees shall
be made free from any discrimination based on--
(1) race, color, religion, sex, or national
origin, within the meaning of section 703 of the
Civil Rights Act of 1964 (42 U.S.C. 2000e-2);
(2) age, within the meaning of section 15 of
the Age Discrimination in Employment Act of 1967
(29 U.S.C. 633a); or
(3) disability, within the meaning of
section 501 of the Rehabilitation Act of 1973
(29 U.S.C. 791) and sections 102 through 104 of
the Americans with Disabilities Act of 1990 (42
U.S.C. 12112-12114).
(b) Remedy
(1) Civil rights
The remedy for a violation of subsection
(a)(1) of this section shall be--
(A) such remedy as would be appropriate
if awarded under section 706(g) of the Civil
Rights Act of 1964 (42 U.S.C. 2000e5(g));
and
(B) such compensatory damages as would
be appropriate if awarded under section 1977
of the Revised Statutes (42 U.S.C. 1981), or
as would be appropriate if awarded under
sections 1977A(a)(1), 1977A(b)(2), and,
irrespective of the size of the employing
office, 1977A(b)(3)(D) of the Revised
Statutes (42 U.S.C. 198la(a)(1),
198la(b)(2), and 198la(b)(3)(D)).
(2) Age discrimination
The remedy for a violation of subsection
(a)(2) of this section shall be--
(A) such remedy as would be appropriate
if awarded under section 15(c) of the Age
Discrimination in Employment Act of 1967 (29
U.S.C. 633a(c)); and
(B) such liquidated damages as would be
appropriate if awarded under section 7(b) of
such Act (29 U.S.C. 626(b)).
In addition, the waiver provisions of section 7(f) of
such Act (29 U.S.C. 626(f)) shall apply to covered
employees.
(3) Disabilities discrimination
The remedy for a violation of subsection
(a)(3) of this section shall be--
(A) such remedy as would be
appropriate if awarded under section
505(a)(1) of the Rehabilitation Act
of 1973 (29 U.S.C. 794a(a)(1) or
section 107(a) of the Americans with
Disabilities Act of 1990 (42 U.S.C.
12117(a)); and
(B) such compensatory damages as
would be appropriate if awarded
under sections 1977A(a)(2),
1977A(a)(3), 1977A(b)(2), and,
irrespective of the size of the
employing office, 1977A(b)(3)(D) of
the Revised Statutes (42 U.S.C.
1981a(a)(2), 1981a(a)(3),
1981a(b)(2), and 1981a(b)(3)(D)).
(c) Omitted
(d) Effective date
This section shall take effect 1 year after January 23,
1995. (Pub. L. 104-1, Title II, Sec. 201, Jan. 23, 1995, 109
Stat. 7.)
399.71-2 Sec. 1312. Rights and protections under the Family and
Medical Leave Act of 1993.
(a) Family and medical leave rights and protections provided
(1) In general
The rights and protections established by
sections 101 through 105 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2611
through 2615) shall apply to covered employees.
(2) Definition
For purposes of the application described in
paragraph (1)--
(A) the term ``employer'' as used in the
Family and Medical Leave Act of 1993 means
any employing office, and
(B) the term ``eligible employee'' as
used in the Family and Medical Leave Act of
1993 means a covered employee who has been
employed in any employing office for 12
months and for at least 1,250 hours of
employment during the previous 12 months.
(b) Remedy
The remedy for a violation of subsection (a) of this
section shall be such remedy, including liquidated damages,
as would be appropriate if awarded under paragraph (1) of
section 107(a) of the Family and Medical Leave Act of 1993
(29 U.S.C. 2617(a)(1)).
(c) Omitted
(d) Regulations
(1) In general
The Board shall, pursuant to section 1384 of
this title, issue regulations to implement the
rights and protections under this section.
(2) Agency regulations
The regulations issued under paragraph (1)
shall be the same as substantive regulations
promulgated by the Secretary of Labor to
implement the statutory provisions referred to
in subsection (a) of this section except insofar
as the Board may determine, for good cause shown
and stated together with the regulation that a
modification of such regulations would be more
effective for the implementation of the rights
and protections under this section.
(e) Effective date
(1) In general
Subsections (a) and (b) of this section
shall be effective 1 year after January 23,
1995.
(2) General Accounting Office and Library of Congress
Subsection (c) of this section shall be
effective 1 year after transmission to the
Congress of the study under section 1371 of this
title. (Pub. L. 104-1, Title II, Sec. 202, Jan.
23, 1995, 109 Stat. 9.)
399.71-3 Sec. 1313. Rights and protections under the Fair Labor
Standards Act of 1938.
(a) Fair labor standards
(1) In general
The rights and protections established by
subsections (a)(1) and (d) of section 6, section
7, and section 12(c) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 206 (a)(1) and (d), 207,
212(c)) shall apply to covered employees.
(2) Interns
For the purposes of this section, the term
``covered employee'' does not include an intern
as defined in regulations under subsection (c)
of this section.
(3) Compensatory time
Except as provided in regulations under
subsection (c)(3) of this section and subsection
(c)(4) of this section, covered employees may
not receive compensatory time in lieu of
overtime compensation.
(b) Remedy
The remedy for a violation of subsection (a) of this
section shall be such remedy, including liquidated damages,
as would be appropriate if awarded under section 16(b) of
the Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)).
(c) Regulations to implement section
(1) In general
The Board shall, pursuant to section 1384 of
this title, issue regulations to implement this
section.
(2) Agency regulations
Except as provided in paragraph (3), the
regulations issued under paragraph (1) shall be
the same substantive regulations promulgated by
the Secretary of Labor to implement the
statutory provisions referred to in subsection
(a) of this section except insofar as the Board
may determine, for good cause shown and stated
together with the regulation, that a
modification of such regulations would be more
effective for the implementation of the rights
and protections under this section.
(3) Irregular work schedules
The Board shall issue regulations for
covered employees whose work schedules directly
depend on the schedule of the House of
Representatives or the Senate that shall be
comparable to the provisions in the Fair Labor
Standards Act of 1938 that apply to employees
who have irregular work schedules.
(4) Law enforcement
Law enforcement personnel of the Capitol
Police who are subject to the exemption under
section 7(k) of the Fair Labor Standards Act of
1938 (29 U.S.C. 207(k)) may elect to receive
compensatory time off in lieu of overtime
compensation for hours worked in excess of the
maximum for their work period.
(d) Omitted. (Codified at 29 U.S.C. 203)
(e) Effective date
Subsections (a) and (b) of this section shall be
effective 1 year after January 23, 1995. (Pub. L. 104-1,
Title II, Sec. 203, Jan. 23, 1995, 109 Stat. 10; Pub. L.
104-197, Title III, Sec. 312, Sept. 16, 1996, 110 Stat.
2415.)
399.71-4 Sec. 1314. Rights and protections under the Employee
Polygraph Protection Act of 1988.
(a) Polygraph practices prohibited
(1) In general
No employing office, irrespective of whether
a covered employee works in that employing
office, may require a covered employee to take a
lie detector test where such a test would be
prohibited if required by an employer under
paragraph (1), (2), or (3) of section 3 of the
Employee Polygraph Protection Act of 1988 (29
U.S.C. 2002 (1), (2), or (3)). In addition, the
waiver provisions of section 6(d) of such Act
(29 U.S.C. 2005(d)) shall apply to covered
employees.
(2) Definitions
For purposes of this section, the term
``covered employee'' shall include employees of
the General Accounting Office and the Library of
Congress and the term ``employing office'' shall
include the General Accounting Office and the
Library of Congress.
(3) Capitol Police
Nothing in this section shall preclude the
Capitol Police from using lie detector tests in
accordance with regulations under subsection (c)
of this section.
(b) Remedy
The remedy for a violation of subsection (a) of this
section shall be such remedy as would be appropriate if
awarded under section 6(c)(l) of the Employee Polygraph
Protection Act of 1988 (29 U.S.C. 2005(c)(1)).
(c) Regulations to implement section
(1) In general
The Board shall, pursuant to section 1384 of
this title, issue regulations to implement this
section.
(2) Agency regulations
The regulations issued under paragraph (1)
shall be the same as substantive regulations
promulgated by the Secretary of Labor to
implement the statutory provisions referred to
in subsections (a) and (b) of this section
except insofar as the Board may determine, for
good cause shown and stated together with the
regulation, that a modification of such
regulations would be more effective for the
implementation of the rights and protections
under this section.
(d) Effective date
(1) In general
Except as provided in paragraph (2),
subsections (a) and (b) of this section shall be
effective 1 year after January 23, 1995.
(2) General Accounting Office and Library of Congress
This section shall be effective with respect
to the General Accounting Office and the Library
of Congress 1 year after transmission to the
Congress of the study under section 1371 of this
title. (Pub. L. 104-1, Title II, Sec. 204, Jan.
23, 1995, 109 Stat. 10.)
399.71-5 Sec. 1315. Rights and protections under the Worker
Adjustment and Retraining Notification Act.
(a) Worker adjustment and retraining notification rights
(1) In general
No employing office shall be closed or a
mass layoff ordered within the meaning of
section 3 of the Worker Adjustment and
Retraining Notification Act (29 U.S.C. 2102)
until the end of a 60-day period after the
employing office serves written notice of such
prospective closing or layoff to representatives
of covered employees or, if there are no
representatives, to covered employees.
(2) Definitions
For purposes of this section, the term
``covered employee'' shall include employees of
the General Accounting Office and the Library of
Congress and the term ``employing office'' shall
include the General Accounting Office and the
Library of Congress.
(b) Remedy
The remedy for a violation of subsection (a) of this
section shall be such remedy as would be appropriate if
awarded under paragraphs (1), (2), and (4) of section 5(a)
of the Worker Adjustment and Retraining Notification Act (29
U.S.C. 2104(a) (1), (2), and (4)).
(c) Regulations to implement section
(1) In general
The Board shall, pursuant to section 1384 of
this title, issue regulations to implement this
section.
(2) Agency regulations
The regulations issued under paragraph (1)
shall be the same as substantive regulations
promulgated by the Secretary of Labor to
implement the statutory provisions referred to
in subsection (a) of this section except insofar
as the Board may determine, for good cause shown
and stated together with the regulation, that a
modification of such regulations would be more
effective for the implementation of the rights
and protections under this section.
(d) Effective date
(1) In general
Except as provided in paragraph (2),
subsections (a) and (b) of this section shall be
effective 1 year after January 23, 1995.
(2) General Accounting Office and Library of Congress
This section shall be effective with respect
to the General Accounting Office and the Library
of Congress 1 year after transmission to the
Congress of the study under section 1371 of this
title. (Pub. L. 104-1, Title II, Sec. 205, Jan.
23, 1995, 109 Stat. 11.)
399.71-6 Sec. 1316. Rights and protections relating to veterans'
employment and reemployment.
(a) Employment and reemployment rights of members of the
uniformed services
(1) In general
It shall be unlawful for an employing office
to--
(A) discriminate, within the meaning of
subsections (a) and (b) of section 4311 of
title 38, against an eligible employee;
(B) deny to an eligible employee
reemployment rights within the meaning of
sections 4312 and 4313 of title 38; or
(C) deny to an eligible employee
benefits within the meaning of sections
4316, 4317, and 4318 of title 38.
(2) Definitions
For purposes of this section--
(A) the term ``eligible employee'' means
a covered employee performing service in the
uniformed services, within the meaning of
section 4303(13) of title 38, whose service
has not been terminated upon occurrence of
any of the events enumerated in section 4304
of title 38,
(B) the term ``covered employee''
includes employees of the General Accounting
Office and the Library of Congress, and--
(C) the term ``employing office''
includes the General Accounting office and
the Library of Congress.
(b) Remedy
The remedy for a violation of subsection (a) of this
section shall be such remedy as would be appropriate if
awarded under paragraphs (1), (2)(A), and (3) of section
4323(c) of title 38.
(c) Regulations to implement section
(1) In general
The Board shall, pursuant to section 1384 of
this title, issue regulations to implement this
section.
(2) Agency regulations
The regulations issued under paragraph (1)
shall be the same as substantive regulations
promulgated by the Secretary of Labor to
implement the statutory provisions referred to
in subsection (a) of this section except to the
extent that the Board may determine, for good
cause shown and stated together with the
regulation, that a modification of such
regulations would be more effective for the
implementation of the rights and protections
under this section.
(d) Effective date
(1) In general
Except as provided in paragraph (2),
subsections (a) and (b) of this section shall be
effective 1 year after January 23, 1995.
(2) General Accounting Office and Library of Congress
This section shall be effective with respect
to the General Accounting Office and the Library
of Congress 1 year after transmission to the
Congress of the study under section 1371 of this
title. (Pub. L. 104-1, Title II, Sec. 206, Jan.
23, 1995, 109 Stat. 12.)
399.71-6a 1316a. Legislative branch appointments.
(1) Definitions
For the purpose of this section, the terms
``covered employee'' and ``Board'' shall each
have the meaning given such term by section 101
of the Congressional Accountability Act of 1995
(2 U.S.C. 1301).
(2) Rights and protections
The rights and protections established under
section 2108, sections 3309 through 3312, and
subchapter I of chapter 35 [5 U.S.C.A. Sec. 3501
et seq.], of title 5 shall apply to covered
employees.
(3) Remedies
(A) In general
The remedy for a violation of paragraph
(2) shall be such remedy as would be
appropriate if awarded under applicable
provisions of title 5, in the case of a
violation of the relevant corresponding
provision (referred to in paragraph (2)) of
such title.
(B) Procedure
The procedure for consideration of
alleged violations of paragraph (2) shall be
the same as apply under section 1401 of this
title (and the provisions of law referred to
therein) in the case of an alleged violation
of part A of subchapter II of this chapter.
(4) Regulation of implement subsection
(A) In general
The Board shall, pursuant to section 304
of the Congressional Accountability Act of
1995 (2 U.S.C. 1384), issue regulations to
implement this section.
(B) Agency regulations
The regulations issued under
subparagraph (A) shall be the same as the
most relevant substantive regulations
(applicable with respect to the executive
branch) promulgated to implement the
statutory provisions referred to in
paragraph (2) except insofar as the Board
may determine, for good cause shown and
stated together with the regulation, that a
modification of such regulations would be
more effective for the implementation of
rights and protection under this section.
(C) Coordination
The regulations issued under
subparagraph (A) shall be consistent with
section 225 of the Congressional
Accountability Act of 1995 (2 U.S.C. 1361).
(5) Applicability
Notwithstanding any other provision of this
section, the term ``covered employee'' shall
not, for purposes of this section, include an
employee--
(A) whose appointment is made by the
President with the advice and consent of the
Senate;
(B) whose appointments is made by a
Member of Congress or by a committee or
subcommittee of either House of Congress; or
(C) who is appointed to a position, the
duties of which are equivalent to those of a
Senator Executive Service position (within
the meaning of section 3132(a)(2) of title
5).
(6) Effective date
Paragraphs (2) and (3) shall be effective as
of the effective date of regulations under
paragraph (4). (Pub. L. 105-339, Sec. 4(c), Oct.
31, 1998, 112 Stat. 3185.)
399.71-7 Sec. 1317. Prohibition of intimidation or reprisal.
(a) In general
It shall be unlawful for an employing office to
intimidate, take reprisal against, or otherwise discriminate
against, any covered employee because the covered employee
has opposed any practice made unlawful by this chapter, or
because the covered employee has initiated proceedings, made
a charge, or testified, assisted, or participated in any
manner in a hearing or other proceeding under this chapter.
(b) Remedy
The remedy available for a violation of subsection (a)
of this section shall be such legal or equitable remedy as
may be appropriate to redress a violation of subsection (a)
of this section. (Pub. L. 104-1, Title II, Sec. 207, Jan.
23, 1995, 109 Stat. 13.)
Part B.--Public Services and Accommodations Under the
Americans With Disabilities Act of 1990
399.72 Sec. 1331. Rights and protections under the Americans With
Disabilities Act of 1990 relating to public services and
accommodations; procedures for remedy of violations.
(a) Entities subject to this section
The requirements of this section shall apply to--
(1) each office of the Senate, including
each office of a Senator and each committee;
(2) each office of the House of
Representatives, including each office of a
Member of the House of Representatives and each
committee;
(3) each joint committee of the Congress;
(4) the Capitol Guide Service;
(5) the Capitol Police;
(6) the Congressional Budget Office;
(7) the Office of the Architect of the
Capitol (including the Senate Restaurants and
the Botanic Garden);
(8) the Office of the Attending Physician;
(9) the Office of Compliance; and
(10) the Office of Technology Assessment.
(b) Discrimination in public services and accommodations
(1) Rights and protections
The rights and protections against
discrimination in the provision of public
services and accommodations established by
sections 201 through 230, 302, 303, and 309 of
the Americans With Disabilities Act of 1990 (42
U.S.C. 12131-12150, 12182, 12183, and 12189)
shall apply to the entities listed in subsection
(a) of this section.
(2) Definitions
For purposes of the application of title II
of the Americans With Disabilities Act of 1990
(42 U.S.C. 12131 et seq.) under this section,
the term ``public entity'' means any entity
listed in subsection (a) of this section that
provides public services, programs, or
activities.
(c) Remedy
The remedy for a violation of subsection (b)
of this section shall be such remedy as would be
appropriate if awarded under section 203 or
308(a) of the Americans With Disabilities Act of
1990 (42 U.S.C. 12133, 12188(a)), except that,
with respect to any claim of employment
discrimination asserted by any covered employee,
the exclusive remedy shall be under section 1311
of this title.
(d) Available procedures
(1) Charge filed with General Counsel
A qualified individual with a disability, as
defined in section 201(2) of the Americans With
Disabilities Act of 1990 (42 U.S.C. 12131(2)),
who alleges a violation of subsection (b) of
this section by an entity listed in subsection
(a) of this section, may file a charge against
any entity responsible for correcting the
violation with the General Counsel within 180
days of the occurrence of the alleged violation.
The General Counsel shall investigate the
charge.
(2) Mediation
If, upon investigation under paragraph (1),
the General Counsel believes that a violation of
subsection (b) of this section may have occurred
and that mediation may be helpful in resolving
the dispute, the General Counsel may request,
but not participate in, mediation under
subsections (b) through (d) of section 1403 of
this title between the charging individual and
any entity responsible for correcting the
alleged violation.
(3) Complaint, hearing, Board review
If mediation under paragraph (2) has not
succeeded in resolving the dispute, and if the
General Counsel believes that a violation of
subsection (b) of this section may have
occurred, the General Counsel may file with the
Office a complaint against any entity
responsible for correcting the violation. The
complaint shall be submitted to a hearing
officer for decision pursuant to subsections (b)
through (h) of section 1405 of this title and
any person who has filed a charge under
paragraph (1) may intervene as of right, with
the full rights of a party. The decision of the
hearing officer shall be subject to review by
the Board pursuant to section 1406 of this
title.
(4) Judicial review
A charging individual who has intervened
under paragraph (3) or any respondent to the
complaint, if aggrieved by a final decision of
the Board under paragraph (3), may file a
petition for review in the United States Court
of Appeals for the Federal Circuit, pursuant to
section 1407 of this title.
(5) Compliance date
If new appropriated funds are necessary to
comply with an order requiring correction of a
violation of subsection (b) of this section,
compliance shall take place as soon as possible,
but no later than the fiscal year following the
end of the fiscal year in which the order
requiring correction becomes final and not
subject to further review.
(e) Regulations to implement section
(1) In general
The Board shall, pursuant to section 1384 of
this title, issue regulations to implement this
section.
(2) Agency regulations
The regulations issued under paragraph (1)
shall be the same as substantive regulations
promulgated by the Attorney General and the
Secretary of Transportation to implement the
statutory provisions referred to in subsection
(b) of this section except to the extent that
the Board may determine, for good cause shown
and stated together with the regulation, that a
modification of such regulations would be more
effective for the implementation of the rights
and protections under this section.
(3) Entity responsible for correction
The regulations issued under paragraph (1)
shall include a method of identifying, for
purposes of this section and for categories of
violations of subsection (b) of this section,
the entity responsible for correction of a
particular violation.
(f) Periodic inspections; report to Congress; initial study
(1) Periodic inspections
On a regular basis, and at least once each
Congress, the General Counsel shall inspect the
facilities of the entities listed in subsection
(a) of this section to ensure compliance with
subsection (b) of this section.
(2) Report
On the basis of each periodic inspection,
the General Counsel shall, at least once every
Congress, prepare and submit a report--
(A) to the Speaker of the House of
Representatives, the President pro tempore
of the Senate, and the Office of the
Architect of the Capitol, or other entity
responsible, for correcting the violation of
this section uncovered by such inspection,
and
(B) containing the results of the
periodic inspection, describing any steps
necessary to correct any violation of this
section, assessing any limitations in
accessibility to and usability by
individuals with disabilities associated
with each violation, and the estimated cost
and time needed for abatement.
(3) Initial period for study and corrective action
The period from January 23, 1995 until
December 31, 1996, shall be available to the
Office of the Architect of the Capitol and other
entities subject to this section to identify any
violations of subsection (b) of this section, to
determine the costs of compliance, and to take
any necessary corrective action to abate any
violations. The Office shall assist the Office
of the Architect of the Capitol and other
entities listed in subsection (a) of this
section by arranging for inspections and other
technical assistance at their request. Prior to
July 1, 1996, the General Counsel shall conduct
a thorough inspection under paragraph (1) and
shall submit the report under paragraph (2) for
the One Hundred Fourth Congress.
(4) Detailed personnel
The Attorney General, the Secretary of
Transportation, and the Architectural and
Transportation Barriers Compliance Board may, on
request of the Executive Director, detail to the
Office such personnel as may be necessary to
advise and assist the Office in carrying out its
duties under this section.
(g) Omitted. (Codified at 42 U.S.C. 12209)
(h) Effective date
(1) In general
Subsections (b), (c), and (d) of this
section shall be effective on January 1, 1997.
(2) General Accounting Office, Government Printing
Office, and Library of Congress
Subsection (g) of this section shall be
effective 1 year after transmission to the
Congress of the study under section 1371 of this
title. (Pub. L. 104-1, Title II, Sec. 210, Jan.
23, 1995, 109 Stat. 13.)
399.73
Part C.--Occupational Safety and Health Act of 1970
399.73-1 Sec. 1341. Rights and protections under the Occupational
Safety and Health Act of 1970; procedures for remedy of
violations.
(a) Occupational safety and health protections
(1) In general
Each employing office and each covered
employee shall comply with the provisions of
section 5 of the Occupational Safety and Health
Act of 1970 (29 U.S.C. 654).
(2) Definitions
For purposes of the application under this
section of chapter 15 of title 29--
(A) the term ``employer'' as used in
such chapter means an employing office;
(B) the term ``employee'' as used in
such chapter means a covered employee;
(C) the term ``employing office''
includes the General Accounting Office, the
Library of Congress, and any entity listed
in subsection (a) of section 1331 of this
title that is responsible for correcting a
violation of this section, irrespective of
whether the entity has an employment
relationship with any covered employee in
any employing office in which such a
violation occurs; and
(D) the term ``employee'' includes
employees of the General Accounting Office
and the Library of Congress.
(b) Remedy
The remedy for a violation of subsection (a) of this
section shall be an order to correct the violation,
including such order as would be appropriate if issued under
section 13(a) of the Occupational Safety and Health Act of
1970 (29 U.S.C. 662(a)).
(c) Procedures
(1) Requests for inspections
Upon written request of any employing office
or covered employee, the General Counsel shall
exercise the authorities granted to the
Secretary of Labor by subsections (a), (d), (e),
and (f) of section 8 of the Occupational Safety
and Health Act of 1970 (29 U.S.C. 657 (a), (d),
(e), and (f) to inspect and investigate places
of employment under the jurisdiction of
employing offices.
(2) Citations, notices, and notifications
For purposes of this section, the General
Counsel shall exercise the authorities granted
to the Secretary of Labor in sections 9 and 10
of the Occupational Safety and Health Act of
1970 (29 U.S.C. 658 and 659), to issue--
(A) a citation or notice to any
employing office responsible for correcting
a violation of subsection (a) of this
section; or
(B) a notification to any employing
office that the General Counsel believes has
failed to correct a violation for which a
citation has been issued within the period
permitted for its correction.
(3) Hearings and review
If after issuing a citation or notification,
the General Counsel determines that a violation
has not been corrected, the General Counsel may
file a complaint with the Office against the
employing office named in the citation or
notification. The complaint shall be submitted
to a hearing officer for decision pursuant to
subsections (b) through (h) of section 1405 of
this title, subject to review by the Board
pursuant to section 1406 of this title.
(4) Variance procedures
An employing office may request from the
Board an order granting a variance from a
standard made applicable by this section. For
the purposes of this section, the Board shall
exercise the authorities granted to the
Secretary of Labor in sections 6(b)(6) and 6(d)
of the Occupational Safety and Health Act of
1970 (29 U.S.C. 655(b)(6) and 655(d)) to act on
any employing office's request for a variance.
The Board shall refer the matter to a hearing
officer pursuant to subsections (b) through (h)
of section 1405 of this title, subject to review
by the Board pursuant to section 1406 of this
title.
(5) Judicial review
The General Counsel or employing office
aggrieved by a final decision of the Board under
paragraph (3) or (4), may file a petition for
review with the United States Court of Appeals
for the Federal Circuit pursuant to section 1407
of this title.
(6) Compliance date
If new appropriated funds are necessary to
correct a violation of subsection (a) of this
section for which a citation is issued, or to
comply with an order requiring correction of
such a violation, correction or compliance shall
take place as soon as possible, but not later
than the end of the fiscal year following the
fiscal year in which the citation is issued or
the order requiring correction becomes final and
not subject to further review.
(d) Regulations to implement section
(1) In general
The Board shall, pursuant to section 1384 of
this title, issue regulations to implement this
section.
(2) Agency regulations
The regulations issued under paragraph (1)
shall be the same as substantive regulations
promulgated by the Secretary of Labor to
implement the statutory provisions referred to
in subsection (a) of this section except to the
extent that the Board may determine, for good
cause shown and stated together with the
regulation, that a modification of such
regulations would be more effective for the
implementation of the rights and protections
under this section.
(3) Employing office responsible for correction
The regulations issued under paragraph (1)
shall include a method of identifying, for
purposes of this section and for different
categories of violations of subsection (a), the
employing office responsible for correction of a
particular violation.
(e) Periodic inspections; report to Congress
(1) Periodic inspections
On a regular basis, and at least once each
Congress, the General Counsel, exercising the
same authorities of the Secretary of Labor as
under subsection (c)(1) of this section, shall
conduct periodic inspections of all facilities
of the House of Representatives, the Senate, the
Capitol Guide Service, the Capitol Police, the
Congressional Budget Office, the Office of the
Architect of the Capitol, the Office of the
Attending Physician, the Office of Compliance,
the Office of Technology Assessment, the Library
of Congress, and the General Accounting Office
to report on compliance with subsection (a) of
this section.
(2) Report
On the basis of each periodic inspection,
the General Counsel shall prepare and submit a
report--
(A) to the Speaker of the House of
Representatives, the President pro tempore
of the Senate, and the Office of the
Architect of the Capitol or other employing
office responsible for correcting the
violation of this section uncovered by such
inspection, and
(B) containing the results of the
periodic inspection, identifying the
employing office responsible for correcting
the violation of this section uncovered by
such inspection, describing any steps
necessary to correct any violation of this
section, and assessing any risks to employee
health and safety associated with any
violation.
(3) Action after report
If a report identifies any violation of this
section, the General Counsel shall issue a
citation or notice in accordance with subsection
(c)(2)(A) of this section.
(4) Detailed personnel
The Secretary of Labor may, on request of
the Executive Director, detail to the Office
such personnel as may be necessary to advise and
assist the Office in carrying out its duties
under this section.
(f) Initial period for study and corrective action
The period from January 23, 1995 until December 31,
1996, shall be available to the Office of the Architect of
the Capitol and other employing offices to identify any
violations of subsection (a) of this section, to determine
the costs of compliance, and to take any necessary
corrective action to abate any violations. The Office shall
assist the Office of the Architect of the Capitol and other
employing offices by arranging for inspections and other
technical assistance at their request. Prior to July 1,
1996, the General Counsel shall conduct a thorough
inspection under subsection (e)(1) of this section and shall
submit the report under subsection (e)(2) of this section
for the One Hundred Fourth Congress.
(g) Effective date
(1) In general
Except as provided in paragraph (2),
subsections (a), (b), (c), and (e)(3) of this
section shall be effective on January 1, 1997.
(2) General Accounting Office and Library of Congress
This section shall be effective with respect
to the General Accounting Office and the Library
of Congress 1 year after transmission to the
Congress of the study under section 1371 of this
title. (Pub. L. 104-1, Title II, Sec. 215, Jan.
23, 1995, 109 Stat. 16.)
399.74
Part D.--Labor-Management Relations
399.74-1 Sec. 1351. Application of chapter 71 of title 5, relating to
Federal service labor-management relations; procedures
for remedy of violations.
(a) Labor-management rights
(1) In general
The rights, protections, and
responsibilities established under sections
7102, 7106, 7111 through 7117, 7119 through
7122, and 7131 of title 5, shall apply to
employing offices and to covered employees and
representatives of those employees.
(2) Definition
For purposes of the application under this
section of the sections referred to in paragraph
(1), the term ``agency'' shall be deemed to
include an employing office.
(b) Remedy
The remedy for a violation of subsection (a) of this
section shall be such remedy, including a remedy under
section 7118(a)(7) of title 5, as would be appropriate if
awarded by the Federal Labor Relations Authority to remedy a
violation of any provision made applicable by subsection (a)
of this section.
(c) Authorities and procedures for implementation and
enforcement
(1) General authorities of the Board; petitions
For purposes of this section and except as
otherwise provided in this section, the Board
shall exercise the authorities of the Federal
Labor Relations Authority under sections 7105,
7111, 7112, 7113, 7115, 7117, 7118, and 7122 of
title 5, and of the President under section
7103(b) of title 5. For purposes of this
section, any petition or other submission that,
under chapter 71 of title 5, would be submitted
to the Federal Labor Relations Authority shall,
if brought under this section, be submitted to
the Board. The Board shall refer any matter
under this paragraph to a hearing officer for
decision pursuant to subsections (b) through (h)
of section 1405 of this title, subject to review
by the Board pursuant to section 1406 of this
title. The Board may direct that the General
Counsel carry out the Board's investigative
authorities under this paragraph.
(2) General authorities of the General Counsel; charges
of unfair labor practice
For purposes of this section and except as
otherwise provided in this section, the General
Counsel shall exercise the authorities of the
General Counsel of the Federal Labor Relations
Authority under sections 7104 and 7118 of title
5. For purposes of this section, any charge or
other submission that, under chapter 71 of title
5, would be submitted to the General Counsel of
the Federal Labor Relations Authority shall, if
brought under this section, be submitted to the
General Counsel. If any person charges an
employing office or a labor organization with
having engaged in or engaging in an unfair
practice and makes such charge within 180 days
of the occurrence of the alleged unfair labor
practice, the General Counsel shall investigate
the charge and may file a complaint with the
Office. The complaint shall be submitted to a
hearing officer for decision pursuant to
subsections (b) through (h) of section 1405 of
this title, subject to review by the Board
pursuant to section 1406 of this title.
(3) Judicial review
Except for matters referred to in paragraphs
(1) and (2) of section 7123(a) of title 5, the
General Counsel or the respondent to the
complaint, if aggrieved by a final decision of
the Board under paragraph (1) or (2) of this
subsection, may file a petition for judicial
review in the United States Court of Appeals for
the Federal Circuit pursuant to section 1407 of
this title.
(4) Exercise of impasses panel authority; requests
For purposes of this section and except as
otherwise provided in this section, the Board
shall exercise the authorities of the Federal
Service Impasses Panel under section 7119 of
title 5. For purposes of this section, any
request that, under chapter 71 of title 5, would
be presented to the Federal Service Impasses
Panel shall, if made under this section, be
presented to the Board. At the request of the
Board, the Executive Director shall appoint a
mediator or mediators to perform the functions
of the Federal Service Impasses Panel under
section 7119 of title 5.
(d) Regulations to implement section
(1) In general
The Board shall, pursuant to section 1348 of
this title, issue regulations to implement this
section.
(2) Agency regulations
Except as provided in subsection (e) of this
section, the regulations issued under paragraph
(1) shall be the same as substantive regulations
promulgated by the Federal Labor Relations
Authority to implement the statutory provisions
referred to in subsection (a) of this section
except--
(A) to the extent that the Board may
determine, for good cause shown and stated
together with the regulation, that a
modification of such regulations would be
more effective for the implementation of the
rights and protections under this section;
or
(B) as the Board deems necessary to
avoid a conflict of interest or appearance
of a conflict of interest.
(e) Specific regulations regarding application to certain
offices of Congress
(1) Regulations required
The Board shall issue regulations pursuant
to section 1384 of this title on the manner and
extent to which the requirements and exemptions
of chapter 71 of title 5, should apply to
covered employees who are employed in the
offices listed in paragraph (2). The regulations
shall, to the greatest extent practicable, be
consistent with the provisions and purposes of
chapter 71 of title 5, and of this chapter, and
shall be the same as substantive regulations
issued by the Federal Labor Relations Authority
under such chapter, except--
(A) to the extent that the Board may
determine, for good cause shown and stated
together with the regulation, that a
modification of such regulations would be
more effective for the implementation of the
rights and protections under this section;
and
(B) that the Board shall exclude from
coverage under this section any covered
employees who are employed in offices listed
in paragraph (2) if the Board determines
that such exclusion is required because of--
(i) a conflict of interest or
appearance of a conflict of
interest; or
(ii) Congress' constitutional
responsibilities.
(2) Offices referred to
The offices referred to in paragraph (1)
include--
(A) the personal office of any Member of
the House of Representatives or of any
Senator;
(B) a standing, select, special,
permanent, temporary, or other committee of
the Senate or House of Representatives, or a
joint committee of Congress;
(C) the Office of the Vice President (as
President of the Senate), the Office of the
President pro tempore of the Senate, the
Office of the Majority Leader of the Senate,
the Office of the Minority Leader of the
Senate, the Office of the Majority Whip of
the Senate, the Office of the Minority Whip
of the Senate, the Conference of the
Majority of the Senate, the Conference of
the Minority of the Senate, the Office of
the Secretary of the Conference of the
Majority of the Senate, the Office of the
Secretary of the Conference of the Minority
of the Senate, the Office of the Secretary
for the Majority of the Senate, the Office
of the Secretary for the Minority of the
Senate, the Majority Policy Committee of the
Senate, the Minority Policy Committee of the
Senate, and the following offices within the
Office of the Secretary of the Senate:
Offices of the Parliamentarian, Bill Clerk,
Legislative Clerk, Journal Clerk, Executive
Clerk, Enrolling Clerk, Official Reporters
of Debate, Daily Digest, Printing Services,
Captioning Services, and Senate Chief
Counsel for Employment;
(D) the Office of the Speaker of the
House of Representatives, the Office of the
Majority Leader of the House of
Representatives, the Office of the Minority
Leader of the House of Representatives, the
Offices of the Chief Deputy Majority Whips,
the Offices of the Chief Deputy Minority
Whips and the following offices within the
Office of the Clerk of the House of
Representatives: Offices of Legislative
Operations, Official Reporters of Debate,
Official Reporters to Committees, Printing
Services, and Legislative Information;
(E) the Office of the Legislative
Counsel of the Senate, the Office of the
Senate Legal Counsel, the Office of the
Legislative Counsel of the House of
Representatives, the Office of the General
Counsel of the House of Representatives, the
Office of the Parliamentarian of the House
of Representatives, and the Office of the
Law Revision Counsel;
(F) the offices of any caucus or party
organization;
(G) the Congressional Budget Office, the
Office of Technology Assessment, and the
Office of Compliance; and
(H) such other offices that perform
comparable functions which are identified
under regulations of the Board.
(f) Effective date
(1) In general
Except as provided in paragraph (2),
subsections (a) and (b) of this section shall be
effective on October 1, 1996.
(2) Certain offices
With respect to the offices listed in
subsection (e)(2) of this section, to the
covered employees of such offices, and to
representatives of such employees, subsections
(a) and (b) of this section shall be effective
on the effective date of regulations under
subsection (e) of this section. (Pub. L. 104-1,
Title II, Sec. 220, Jan. 23, 1995, 109 Stat.
19.)
399.75
Part E.--General
399.75-1 Sec. 1361. Generally applicable remedies and limitations.
(a) Attorney's fees
If a covered employee, with respect to any claim under
this chapter, or a qualified person with a disability, with
respect to any claim under section 1331 of this title, is a
prevailing party in any proceeding under section 1405, 1406,
1407, or 1408 of this title, the hearing officer, Board, or
court, as the case may be, may award attorney's fees, expert
fees, and any other costs as would be appropriate if awarded
under section 706(k) of the Civil Rights Act of 1964 (42
U.S.C. 2000e-5(k)).
(b) Interest
In any proceeding under sections 1405, 1406, 1407, or
1408 of this title, the same interest to compensate for
delay in payment shall be made available as would be
appropriate if awarded under section 717(d) of the Civil
Rights Act of 1964 (42 U.S.C. 2000e-16(d)).
(c) Civil penalties and punitive damages
No civil penalty or punitive damages may be awarded with
respect to any claim under this chapter.
(d) Exclusive procedure
(1) In general
Except as provided in paragraph (2), no
person may commence an administrative or
judicial proceeding to seek a remedy for the
rights and protections afforded by this chapter
except as provided in this chapter.
(2) Veterans
A covered employee under section 1316 of
this title may also utilize any provisions of
chapter 43 of title 38, that are applicable to
that employee.
(e) Scope of remedy
Only a covered employee who has undertaken and completed
the procedures described in sections 1402 and 1403 of this
title may be granted a remedy under part A of this
subchapter.
(f) Construction
(1) Definitions and exemptions
Except where inconsistent with definitions
and exemptions provided in this chapter, the
definitions and exemptions in the laws made
applicable by this chapter shall apply under
this chapter.
(2) Size limitations
Notwithstanding paragraph (1), provisions in
the laws made applicable under this chapter
(other than chapter 23 of title 29) deter mining
coverage based on size, whether expressed in
terms of numbers of employees, amount of
business transacted, or other measure, shall not
apply in determining coverage under this
chapter.
(3) Executive branch enforcement
This chapter shall not be construed to
authorize enforcement by the executive branch of
this chapter. (Pub. L. 104-1, Title II,
Sec. 225, Jan. 23, 1995, 109 Stat. 22.)
399.76
Part F.--Study
399.76-1 Sec. 1371. Study and recommendations regarding General
Accounting Office, Government Printing Office, and
Library of Congress.
(a) In general
The Board shall undertake a study of--
(1) the application of the laws listed in
subsection (b) of this section to--
(A) the General Accounting Office;
(B) the Government Printing Office; and
(C) the Library of Congress; and
(2) the regulations and procedures used by
the entities referred to in paragraph (1) to
apply and enforce such laws to themselves and
their employees.
(b) Applicable statutes
The study under this section shall consider the
application of the following laws:
(1) Title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e et seq.), and related
provisions of section 2302 of title 5.
(2) The Age Discrimination in Employment Act
of 1967 (29 U.S.C. 621 et seq.), and related
provisions of section 2302 of title 5.
(3) The Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.), and related
provisions of section 2302 of title 5.
(4) The Family and Medical Leave Act of 1993
(29 U.S.C. 2611 et seq.), and related provisions
of sections 6381 through 6387 of title 5.
(5) The Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.), and related provisions of
sections 5541 through 5550a of title 5.
(6) The Occupational Safety and Health Act
of 1970 (29 U.S.C. 651 et seq.), and related
provisions of section 7902 of title 5.
(7) The Rehabilitation Act of 1973 (29
U.S.C. 701 et seq.).
(8) Chapter 71 (relating to Federal service
and labor-management relations) of title 5.
(9) The General Accounting Office Personnel
Act of 1980 (31 U.S.C. 731 et seq.).
(10) The Employee Polygraph Protection Act
of 1988 (29 U.S.C. 2001 et seq.).
(11) The Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2101 et seq.).
(12) Chapter 43 (relating to veterans'
employment and reemployment) of title 38.
(c) Contents of study and recommendations
The study under this section shall evaluate
whether the rights, protections, and procedures,
including administrative and judicial relief,
applicable to the entities listed in paragraph
(1) of subsection (a) of this section and their
employees are comprehensive and effective and
shall include recommendations for any
improvements in regulations or legislation,
including proposed regulatory or legislative
language.
(d) Deadline and delivery of study
Not later than December 31, 1996--
(1) the Board shall prepare and complete
the study and recommendations required under
this section; and
(2) the Board shall transmit such study
and recommendations (with the Board's
comments) to the head of each entity
considered in the study, and to the Congress
by delivery to the Speaker of the House of
Representatives and President pro tempore of
the Senate for referral to the appropriate
committees of the House of Representatives
and of the Senate. (Pub. L. 104-1, Title II,
Sec. 230, Jan. 23, 1995, 109 Stat. 23; Pub.
L. 104-53, Title III, Sec. 309 (a), (b),
Nov. 19, 1995, 109 Stat. 538.)
399.77
Subchapter III.--Office of Compliance
399.77-1 Sec. 1381. Establishment of Office of Compliance.
(a) Establishment
There is established, as an independent office within
the legislative branch of the Federal Government, the Office
of Compliance.
(b) Board of Directors
The Office shall have a Board of Directors. The Board
shall consist of five individuals appointed jointly by the
Speaker of the House of Representatives, the Majority Leader
of the Senate, and the Minority Leaders of the House of
Representatives and the Senate. Appointments of the first
five members of the Board shall be completed not later than
90 days after January 23, 1995.
(c) Chair
The Chair shall be appointed from members of the Board
jointly by the Speaker of the House of Representatives, the
Majority Leader of the Senate, and the Minority Leaders of
the House of Representatives and the Senate.
(d) Board of Directors qualifications
(1) Specific qualifications
Selection and appointment of members of
the Board shall be without regard to
political affiliation and solely on the
basis of fitness to perform the duties of
the Office. Members of the Board shall have
training or experience in the application of
the rights, protections, and remedies under
one or more of the laws made applicable
under section 1302 of this title.
(2) Disqualifications for appointments
(A) Lobbying
No individual who engages in, or is
otherwise employed in, lobbying of the
Congress and who is required under chapter
8a of this title to register with the Clerk
of the House of Representatives or the
Secretary of the Senate shall be eligible
for appointment to, or service on, the
Board.
(B) Incompatible office
No member of the Board appointed under
subsection (b) of this section may hold or
may have held the position of Member of the
House of Representatives or Senator, may
hold the position of officer or employee of
the House of Representatives, Senate, or
instrumentality or other entity of the
legislative branch, or may have held such a
position (other than the position of an
officer or employee of the General
Accounting Office Personnel Appeals Board,
an officer or employee of the Office of Fair
Employment Practices of the House of
Representatives, or officer or employee of
the Office of Senate Fair Employment
Practices) within 4 years of the date of
appointment.
(3) Vacancies
A vacancy on the Board shall be filled in
the manner in which the original appointment was
made.
(e) Term of office
(1) In general
Except as provided in paragraph (2),
membership on the Board shall be for 5 years. A
member of the Board who is appointed to a term
of office of more than 3 years shall only be
eligible for appointment for a single term of
office.
(2) First appointment
Of the members first appointed to the
Board--
(A) 1 shall have a term of office of 3
years,
(B) 2 shall have a term of office of 4
years, and
(C) 2 shall have a term of office of 5
years, 1 of whom shall be the Chair,
as designated at the time of appointment by the persons
specified in subsection (b) of this section.
(f) Removal
(1) Authority
Any member of the Board may be removed from
office by a majority decision of the appointing
authorities described in subsection (b) of this
section, but only for--
(A) disability that substantially
prevents the member from carrying out the
duties of the member,
(B) incompetence,
(C) neglect of duty,
(D) malfeasance, including a felony or
conduct involving moral turpitude, or
(E) holding an office or employment or
engaging in an activity that disqualifies
the individual from service as a member of
the Board under subsection (d)(2) of this
section.
(2) Statement of reasons for removal
In removing a member of the Board, the
Speaker of the House of Representatives and the
President pro tempore of the Senate shall state
in writing to the member of the Board being
removed the specific reasons for the removal.
(g) Compensation
(1) Per diem
Each member of the Board shall be compensated at a rate
equal to the daily equivalent of the annual rate of basic
pay prescribed for level V of the Executive Schedule under
section 5316 of title 5, for each day (including travel
time) during which such member is engaged in the performance
of the duties of the Board. The rate of pay of a member may
be prorated based on the portion of the day during which the
member is engaged in the performance of Board duties.
(2) Travel expenses
Each member of the Board shall receive travel expenses,
including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5, for each day the member is engaged in
the performance of duties away from the home or regular
place of business of the member.
(h) Duties
The Office shall--
(1) carry out a program of education for
Members of Congress and other employing
authorities of the legislative branch of the
Federal Government respecting the laws made
applicable to them and a program to inform
individuals of their rights under laws
applicable to the legislative branch of the
Federal Government;
(2) in carrying out the program under
paragraph (1), distribute the telephone number
and address of the Office, procedures for action
under title IV, and any other information
appropriate for distribution, distribute such
information to employing offices in a manner
suitable for posting, provide such information
to new employees of employing offices,
distribute such information to the residences of
covered employees, and conduct seminars and
other activities designed to educate employing
offices and covered employees; and
(3) compile and publish statistics on the
use of the Office by covered employees,
including the number and type of contacts made
with the Office, on the reason for such
contacts, on the number of covered employees who
initiated proceedings with the Office under this
chapter and the result of such proceedings, and
on the number of covered employees who filed a
complaint, the basis for the complaint, and the
action taken on the complaint.
(i) Congressional oversight
The Board and the Office shall be subject to oversight
(except with respect to the disposition of individual cases)
by the Committee on Rules and Administration and the
Committee on Governmental Affairs of the Senate and the
Committee on House Oversight of the House of
Representatives.
(j) Opening of Office
The Office shall be open for business, including receipt
of requests for counseling under section 1402 of this title,
not later than 1 year after January 23, 1995.
(k) Financial disclosure reports
Members of the Board and officers and employees of the
Office shall file the financial disclosure reports required
under title I of the Ethics in Government Act of 1978 with
the Clerk of the House of Representatives. (Pub. L. 104-1,
Title III, Sec. 301, Jan. 23, 1995, 109 Stat. 24.)
399.77-2 Sec. 1382. Officers, staff, and other personnel.
(a) Executive Director
(1) Appointment and removal
(A) In general
The Chair, subject to the
approval of the Board, shall appoint
and may remove an Executive
Director. Selection and appointment
of the Executive Director shall be
without regard to political
affiliation and solely on the basis
of fitness to perform the duties of
the Office. The first Executive
Director shall be appointed no later
than 90 days after the initial
appointment of the Board of
Directors.
(B) Qualifications
The Executive Director shall be
an individual with training or
expertise in the application of laws
referred to in section 1302(a) of
this title.
(C) Disqualifications
The disqualifications in section
1381(d)(2) of this title shall apply
to the appointment of the Executive
Director.
(2) Compensation
The Chair may fix the compensation of the
Executive Director. The rate of pay for the
Executive Director may not exceed the annual
rate of basic pay prescribed for level V of the
Executive Schedule under section 5316 of title
5.
(3) Term
The term of office of the Executive Director
shall be a single term of 5 years, except that
the first Executive Director shall have a single
term of 7 years.
(4) Duties
The Executive Director shall serve as the
chief operating officer of the Office. Except as
otherwise specified in this chapter, the
Executive Director shall carry out all of the
responsibilities of the Office under this
chapter.
(b) Deputy Executive Directors
(1) In general
The Chair, subject to the approval of the
Board, shall appoint and may remove a Deputy
Executive Director for the Senate and a Deputy
Executive Director for the House of
Representatives. Selection and appointment of a
Deputy Executive Director shall be without
regard to political affiliation and solely on
the basis of fitness to perform the duties of
the office. The disqualifications in section
1381(d)(2) of this title shall apply to the
appointment of a Deputy Executive Director.
(2) Term
The term of office of a Deputy Executive
Director shall be a single term of 5 years,
except that the first Deputy Executive Directors
shall have a single term of 6 years.
(3) Compensation
The Chair may fix the compensation of the
Deputy Executive Directors. The rate of pay for
a Deputy Executive Director may not exceed 96
percent of the annual rate of basic pay
prescribed for level V of the Executive Schedule
under section 5316 of title 5.
(4) Duties
The Deputy Executive Director for the Senate
shall recommend to the Board regulations under
section 1384(a)(2)(B)(i) of this title, maintain
the regulations and all records pertaining to
the regulations, and shall assume such other
responsibilities as may be delegated by the
Executive Director. The Deputy Executive
Director for the House of Representatives shall
recommend to the Board the regulations under
section 1384(a)(2)(B)(ii) of this title,
maintain the regulations and all records
pertaining to the regulations, and shall assume
such other responsibilities as may be delegated
by the Executive Director.
(c) General Counsel
(1) In general
The Chair, subject to the approval of the
Board, shall appoint a General Counsel.
Selection and appointment of the General Counsel
shall be without regard to political affiliation
and solely on the basis of fitness to perform
the duties of the Office. The disqualifications
in section 1381(d)(2) of this title shall apply
to the appointment of a General Counsel.
(2) Compensation
The Chair may fix the compensation of the
General Counsel. The rate of pay for the General
Counsel may not exceed the annual rate of basic
pay prescribed for level V of the Executive
Schedule under section 5316 of title 5.
(3) Duties
The General Counsel shall--
(A) exercise the authorities and perform
the duties of the General Counsel as
specified in this chapter; and
(B) otherwise assist the Board and the
Executive Director in carrying out their
duties and powers, including representing
the Office in any judicial proceeding under
this chapter.
(4) Attorneys in the Office of the General Counsel
The General Counsel shall appoint, and fix
the compensation of, and may remove, such
additional attorneys as may be necessary to
enable the General Counsel to perform the
General Counsel's duties.
(5) Term
The term of office of the General Counsel
shall be a single term of 5 years.
(6) Removal
(A) Authority
The General Counsel may be removed from
office by the Chair but only for--
(i) disability that substantially
prevents the General Counsel from carrying
out the duties of the General Counsel,
(ii) incompetence,
(iii) neglect of duty,
(iv) malfeasance, including a felony or
conduct involving moral turpitude, or
(v) holding an office or employment or
engaging in an activity that disqualifies
the individual from service as the General
Counsel under paragraph (1).
(B) Statement of reasons for removal
In removing the General Counsel, the
Speaker of the House of Representatives and
the President pro tempore of the Senate
shall state in writing to the General
Counsel the specific reasons for the
removal.
(d) Other staff
The Executive Director shall appoint, and fix the
compensation of, and may remove, such other additional
staff, including hearing officers, but not including
attorneys employed in the office of the General Counsel, as
may be necessary to enable the Office to perform its duties.
(e) Detailed personnel
The Executive Director may, with the prior consent of
the department or agency of the Federal Government
concerned, use on a reimbursable or nonreimbursable basis
the services of personnel of any such department or agency,
including the services of members or personnel of the
General Accounting Office Personnel Appeals Board.
(f) Consultants
In carrying out the functions of the Office, the
Executive Director may procure the temporary (not to exceed
1 year) or intermittent services of consultants. (Pub. L.
104-1, Title III, Sec. 302, Jan. 23, 1995, 109 Stat. 26.)
399.77-3 Sec. 1383. Procedural rules.
(a) In general
The Executive Director shall, subject to the approval of
the Board, adopt rules governing the procedures of the
Office, including the procedures of hearing officers, which
shall be submitted for publication in the Congressional
Record. The rules may be amended in the same manner.
(b) Procedure
The Executive Director shall adopt rules referred to in
subsection (a) of this section in accordance with the
principles and procedures set forth in section 53 of title
5. The Executive Director shall publish a general notice of
proposed rulemaking under section 553(b) of title 5, but,
instead of publication of a general notice of proposed
rulemaking in the Federal Register, the Executive Director
shall transmit such notice to the Speaker of the House of
Representatives and the President pro tempore of the Senate
for publication in the Congressional Record on the first day
on which both Houses are in session following such
transmittal. Before adopting rules, the Executive Director
shall provide a comment period of at least 30 days after
publication of a general notice of proposed rulemaking. Upon
adopting rules, the Executive Director shall transmit notice
of such action together with a copy of such rules to the
Speaker of the House of Representatives and the President
pro tempore of the Senate for publication in the
Congressional Record on the first day on which both Houses
are in session following such transmittal. Rules shall be
considered issued by the Executive Director as of the date
of which they are published in the Congressional Record.
(Pub. L. 104-1, Title III, Sec. 303, Jan. 23, 1995, 109
Stat. 28.)
399.77-4 Sec. 1384. Substantive regulations.
(a) Regulations
(1) In general
The procedures applicable to the regulations
of the Board issued for the implementation of
this chapter, which shall include regulations
the Board is required to issue under subchapter
II of this title (including regulations on the
appropriate application of exemptions under the
laws made applicable in subchapter II of this
title) are as prescribed in this section.
(2) Rulemaking procedure
Such regulations of the Board--
(A) shall be adopted, approved, and
issued in accordance with subsection (b) of
this section; and
(B) shall consist of 3 separate bodies
of regulations, which shall apply,
respectively, to--
(i) the Senate and employees of
the Senate;
(ii) the House of
Representatives and employees of the
House of Representatives; and
(iii) all other covered
employees and employing offices.
(b) Adoption by the Board
The Board shall adopt the regulations referred to in
subsection (a)(1) of this section in accordance with the
principles and procedures set forth in section 553 of title
5, and as provided in the following provisions of this
subsection:
(1) Proposal
The Board shall publish a general notice
of proposed rulemaking under section 553(b)
of title 5, but, instead of publication of a
general notice of proposed rulemaking in the
Federal Register, the Board shall transmit
such notice to the Speaker of the House of
Representatives and the President pro
tempore of the Senate for publication in the
Congressional Record on the first day on
which both Houses are in session following
such transmittal. Such notice shall set
forth the recommendations of the Deputy
Director for the Senate in regard to
regulations under subsection (a)(2)(B)(i) of
this section, the recommendations of the
Deputy Director for the House of
Representatives in regard to regulations
under subsection (a)(2)(B)(ii) of this
section, and the recommendations of the
Executive Director for regulations under
subsection (a)(2)(B)(iii) of this section.
(2) Comment
Before adopting regulations, the Board
shall provide a comment period of at least
30 days after publication of a general
notice of proposed rulemaking.
(3) Adoption
After considering comments, the Board
shall adopt regulations and shall transmit
notice of such action together with a copy
of such regulations to the Speaker of the
House of Representatives and the President
pro tempore of the Senate for publication in
the Congressional Record on the first day on
which both Houses are in session following
such transmittal.
(4) Recommendation as to method of approval
The Board shall include a recommendation
in the general notice of proposed rulemaking
and in the regulations as to whether the
regulations should be approved by resolution
of the Senate, by resolution of the House of
Representatives, by concurrent resolution,
or by joint resolution.
(c) Approval of regulations
(1) In general
Regulations referred to in paragraph
(2)(B)(i) of subsection (a) of this section may
be approved by the Senate by resolution or by
the Congress by concurrent resolution or by
joint resolution. Regulations referred to in
paragraph (2)(B)(ii) of subsection (a) of this
section may be approved by the House of
Representatives by resolution or by the Congress
by concurrent resolution or by joint resolution.
Regulations referred to in paragraph (2)(B)(iii)
may be approved by Congress by concurrent
resolution or by joint resolution.
(2) Referral
Upon receipt of a notice of adoption of
regulations under subsection (b)(3) of this
section, the presiding officers of the House of
Representatives and the Senate shall refer such
notice, together with a copy of such
regulations, to the appropriate committee or
committees of the House of Representatives and
of the Senate. The purpose of the referral shall
be to consider whether such regulations should
be approved, and, if so, whether such approval
should be by resolution of the House of
Representatives or of the Senate, by concurrent
resolution or by joint resolution.
(3) Joint referral and discharge in the Senate
The presiding officer of the Senate may
refer the notice of issuance of regulations, or
any resolution of approval of regulations, to
one committee or jointly to more than one
committee. If a committee of the Senate acts to
report a jointly referred measure, any other
committee of the Senate must act within 30
calendar days of continuous session, or be
automatically discharged.
(4) One-house resolution or concurrent resolution
In the case of a resolution of the House of
Representatives or the Senate or a concurrent
resolution referred to in paragraph (1), the
matter after the resolving clause shall be the
following: ``The following regulations issued by
the Office of Compliance on ____ are hereby
approved:'' (the blank space being appropriately
filled in, and the text of the regulations being
set forth).
(5) Joint resolution
In the case of a joint resolution referred
to in paragraph (1), the matter after the
resolving clause shall be the following: ``The
following regulations issued by the Office of
Compliance on ____ are hereby approved and shall
have the force and effect of law:'' (the blank
space being appropriately filled in, and the
text of the regulations being set forth).
(d) Issuance and effective date
(1) Publication
After approval of regulations under
subsection (c) of this section, the Board shall
submit the regulations to the Speaker of the
House of Representatives and the President pro
tempore of the Senate for publication in the
Congressional Record on the first day on which
both Houses are in session following such
transmittal.
(2) Date of issuance
The date of issuance of regulations shall be
the date on which they are published in the
Congressional Record under paragraph (1).
(3) Effective date
Regulations shall become effective not less
than 60 days after the regulations are issued,
except that the Board may provide for an earlier
effective date for good cause found (within the
meaning of section 553(d)(3) of title 5) and
published with the regulation.
(e) Amendment of regulations
Regulations may be amended in the same manner as is
described in this section for the adoption, approval, and
issuance of regulations, except that the Board may, in its
discretion, dispense with publication of a general notice of
proposed rulemaking of minor, technical, or urgent
amendments that satisfy the criteria for dispensing with
publication of such notice pursuant to section 553(b)(B) of
title 5.
(f) Right to petition for rulemaking
Any interested party may petition to the Board for the
issuance, amendment, or repeal of a regulation.
(g) Consultation
The Executive Director, the Deputy Directors, and the
Board--
(1) shall consult, with regard to the
development of regulations, with--
(A) the Chair of the Administrative
Conference of the United States;
(B) the Secretary of Labor;
(C) the Federal Labor Relations
Authority; and
(D) the Director of the Office of
Personnel Management; and
(2) may consult with any other persons with
whom consultation, in the opinion of the Board,
the Executive Director, or Deputy Directors, may
be helpful. (Pub. L. 104-1, Title III, Sec. 304,
Jan. 23, 1995, 109 Stat. 29.)
399.77-5 Sec. 1385. Expenses.
(a) Authorization of appropriations
Beginning in fiscal year 1995, and for each fiscal year
thereafter, there are authorized to be appropriated for the
expenses of the Office such sums as may be necessary to
carry out the functions of the Office. Until sums are first
appropriated pursuant to the preceding sentence, but for a
period not exceeding 12 months following January 23, 1995--
(1) one-half of the expenses of the Office
shall be paid from funds appropriated for
allowances and expenses of the House of
Representatives, and
(2) one-half of the expenses of the Office
shall be paid from funds appropriated for
allowances and expenses of the Senate, upon
vouchers approved by the Executive Director,
except that a voucher shall not be required for
the disbursement of salaries of employees who
are paid at an annual rate. The Clerk of the
House of Representatives and the Secretary of
the Senate are authorized to make arrangements
for the division of expenses under this
subsection, including arrangements for one House
of Congress to reimburse the other House of
Congress.
(b) Financial and administrative services
The Executive Director may place orders and enter into
agreements for goods and services with the head of any
agency, or major organizational unit within an agency, in
the legislative or executive branch of the United States in
the same manner and to the same extent as agencies are
authorized under sections 1535 and 1536 of title 31, to
place orders and enter into agreements.
(c) Witness fees and allowances
Except for covered employees, witnesses before a hearing
officer or the Board in any proceeding under this chapter
other than rulemaking shall be paid the same fee and mileage
allowances as are paid subpoenaed witnesses in the courts of
the United States. Covered employees who are summoned, or
are assigned by their employer, to testify in their official
capacity or to produce official records in any proceeding
under this Act shall be entitled to travel expenses under
subchapter I and section 5751 of chapter 57 of title 5.
(Pub. L. 104-1, Title III, Sec. 305, Jan. 23, 1995, 109
Stat. 31.)
399.78
Subchapter IV.--Administrative and Judicial Dispute-
Resolution Procedures
399.78-1 Sec. 1401. Procedure for consideration of alleged
violations.
Except as otherwise provided, the procedure for
consideration of alleged violations of part A of subchapter
II of this chapter consists of--
(1) counseling as provided in section 1402
of this title;
(2) mediation as provided in section 1403 of
this title; and
(3) election, as provided in section 1404 of
this title, of either--
(A) a formal complaint and hearing as
provided in section 1405 of this title,
subject to Board review as provided in
section 1406 of this title, and judicial
review in the United States Court of Appeals
for the Federal Circuit as provided in
section 1407 of this title, or
(B) a civil action in a district court
of the United States as provided in section
1408 of this title.
In the case of an employee of the Office of
the Architect of the Capitol or of the Capitol
Police, the Executive Director, after receiving
a request for counseling under section 1402 of
this title, may recommend that the employee use
the grievance procedures of the Architect of the
Capitol or the Capitol Police for resolution of
the employee's grievance for a specific period
of time, which shall not count against the time
available for counseling or mediation. (Pub. L.
104-1, Title IV, Sec. 401, Jan. 23, 1995, 109
Stat. 32.)
399.78-2 Sec. 1402. Counseling.
(a) In general
To commence a proceeding, a covered employee alleging a
violation of a law made applicable under part A of
subchapter II of this title shall request counseling by the
Office. The Office shall provide the employee with all
relevant information with respect to the rights of the
employee. A request for counseling shall be made not later
than 180 days after the date of alleged violation.
(b) Period of counseling
The period for counseling shall be 30 days unless the
employee and the Office agree to reduce the period. The
period shall begin on the date the request for counseling is
received.
(c) Notification of end of counseling period
The Office shall notify the employee in writing when the
counseling period has ended. (Pub. L. 104-1, Title IV,
Sec. 402, Jan. 23, 1995, 109 Stat. 32.)
399.78-3 Sec. 1403. Mediation.
(a) Initiation
Not later than 15 days after receipt by the employee of
notice of the end of the counseling period under section
1402 of this title, but prior to and as a condition of
making an election under section 1404 of this title, the
covered employee who alleged a violation of a law shall file
a request for mediation with the Office.
(b) Process
Mediation under this section--
(1) may include the Office, the covered
employee, the employing office, and one or more
individuals appointed by the Executive Director
after considering recommendations by
organizations composed primarily of individuals
experienced in adjudicating or arbitrating
personnel matters, and
(2) shall involve meetings with the parties
separately or jointly for the purpose of
resolving the dispute between the covered
employee and the employing office.
(c) Mediation period
The mediation period shall be 30 days beginning on the
date the request for mediation is received. The mediation
period may be extended for additional periods at the joint
request of the covered employee and the employing office.
The Office shall notify in writing the covered employee and
the employing office when the mediation period has ended.
(d) Independence of mediation process
No individual, who is appointed by the Executive
Director to mediate, may conduct or aid in a hearing
conducted under section 1405 of this title with respect to
the same matter or shall be subject to subpoena or any other
compulsory process with respect to the same matter. (Pub. L.
104-1, Title IV, Sec. 403, Jan. 23, 1995, 109 Stat. 32.)
399.78-4 Sec. 1404. Election of proceeding.
Not later than 90 days after a covered employee receives
notice of the end of the period of mediation, but, no sooner
than 30 days after receipt of such notification, such
covered employee may either--
(1) file a complaint with the Office in
accordance with section 1405 of this title, or
(2) file a civil action in accordance with
section 1408 of this title in the United States
district court for the district in which the
employee is employed or for the District of
Columbia. (Pub. L. 104-1, Title IV, Sec. 404,
Jan. 23, 1995, 109 Stat. 33.)
399.78-5 Sec. 1405. Complaint and hearing.
(a) In general
A covered employee may, upon the completion of mediation
under section 1403 of this title, file a complaint with the
Office. The respondent to the complaint shall be the
employing office--
(1) involved in the violation, or
(2) in which the violation is alleged to
have occurred, and about which mediation was
conducted.
(b) Dismissal
A hearing officer may dismiss any claim that the hearing
officer finds to be frivolous or that fails to state a claim
upon which relief may be granted.
(c) Hearing officer
(1) Appointment
Upon the filing of a complaint, the
Executive Director shall appoint an independent
hearing officer to consider the complaint and
render a decision. No Member of the House of
Representatives, Senator, officer of either the
House of Representatives or the Senate, head of
an employing office, member of the Board, or
covered employee may be appointed to be a
hearing officer. The Executive Director shall
select hearing officers on a rotational or
random basis from the lists developed under
paragraph (2). Nothing in this section shall
prevent the appointment of hearing officers as
full-time employees of the Office or the
selection of hearing officers on the basis of
specialized expertise needed for particular
matters.
(2) Lists
The Executive Director shall develop master
lists, composed of--
(A) members of the bar of a State or the
District of Columbia and retired judges of
the United States courts who are experienced
in adjudicating or arbitrating the kinds of
personnel and other matters for which
hearings may be held under this, and
(B) individuals expert in technical
matters relating to accessibility and
usability by persons with disabilities or
technical matters relating to occupational
safety and health.
In developing lists, the Executive Director shall
consider candidates recommended by the Federal Mediation and
Conciliation Service or the Administrative Conference of the
United States.
(d) Hearing
Unless a complaint is dismissed before a hearing, a
hearing shall be--
(1) conducted in closed session on the
record by the hearing officer;
(2) commenced no later than 60 days after
filing of the complaint under subsection (a) of
this section, except that the Office may, for
good cause, extend up to an additional 30 days
the time for commencing a hearing; and
(3) conducted, except as specifically
provided in this chapter and to the greatest
extent practicable, in accordance with the
principles and procedures set forth in sections
554 through 557 of title 5.
(e) Discovery
Reasonable prehearing discovery may be permitted at the
discretion of the hearing officer.
(f) Subpoenas
(1) In general
At the request of a party, a hearing officer
may issue subpoenas for the attendance of
witnesses and for the production of
correspondence, books, papers, documents, and
other records. The attendance of witnesses and
the production of records may be required from
any place within the United States. Subpoenas
shall be served in the manner provided under
rule 45(b) of the Federal Rules of Civil
Procedure.
(2) Objections
If a person refuses, on the basis of
relevance, privilege, or other objection, to
testify in response to a question or to produce
records in connection with a proceeding before a
hearing officer, the hearing officer shall rule
on the objection. At the request of the witness
or any party, the hearing officer shall (or on
the hearing officer's own initiative, the
hearing officer may) refer the ruling to the
Board for review.
(3) Enforcement
(A) In general
If a person fails to comply with a
subpoena, the Board may authorize the
General Counsel to apply, in the name of the
Office, to an appropriate United States
district court for an order requiring that
person to appear before the hearing officer
to give testimony or produce records. The
application may be made within the judicial
district where the hearing is conducted or
where that person is found, resides, or
transacts business. Any failure to obey a
lawful order of the district court issued
pursuant to this section may be held by such
court to be a civil contempt thereof.
(B) Service of process
Process in an action or contempt
proceeding pursuant to subparagraph (A) may
be served in any judicial district in which
the person refusing or failing to comply, or
threatening to refuse or not to comply,
resides, transacts business, or may be
found, and subpoenas for witnesses who are
required to attend such proceedings may run
into any other district.
(g) Decision
The hearing officer shall issue a written decision as
expeditiously as possible, but in no case more than 90 days
after the conclusion of the hearing. The written decision
shall be transmitted by the Office to the parties. The
decision shall state the issues raised in the complaint,
describe the evidence in the record, contain findings of
fact and conclusions of law, contain a determination of
whether a violation has occurred, and order such remedies as
are appropriate pursuant to subchapter II of this title. The
decision shall be entered in the records of the Office. If a
decision is not appealed under section 1406 of this title to
the Board, the decision shall be considered the final
decision of the Office.
(h) Precedents
A hearing officer who conducts a hearing under this
section shall be guided by judicial decisions under the laws
made applicable by section 1302 of this title and by Board
decisions under this chapter. (Pub. L. 104-1, Title IV,
Sec. 405, Jan. 23, 1995, 109 Stat. 33.)
399.78-6 Sec. 1406. Appeal to the Board.
(a) In general
Any party aggrieved by the decision of a hearing officer
under section 1405(g) of this title may file a petition for
review by the Board not later than 30 days after entry of
the decision in the records of the Office.
(b) Parties' opportunity to submit argument
The parties to the hearing upon which the decision of
the hearing officer was made shall have a reasonable
opportunity to be heard, through written submission and, in
the discretion of the Board, through oral argument.
(c) Standard of review
The Board shall set aside a decision of a hearing
officer if the Board determines that the decision was--
(1) arbitrary, capricious, an abuse of
discretion, or otherwise not consistent with
law;
(2) not made consistent with required
procedures; or
(3) unsupported by substantial evidence.
(d) Record
In making determinations under subsection (c) of this
section, the Board shall review the whole record, or those
parts of it cited by a party, and due account shall be taken
of the rule of prejudicial error.
(e) Decision
The Board shall issue a written decision setting forth
the reasons for its decision. The decision may affirm,
reverse, or remand to the hearing officer for further
proceedings. A decision that does not require further
proceedings before a hearing officer shall be entered in the
records of the Office as a final decision. (Pub. L. 104-1,
Title IV, Sec. 406, Jan. 23, 1995, 109 Stat. 35.)
399.78-7 Sec. 1407. Judicial review of Board decisions and
enforcement.
(a) Jurisdiction
(1) Judicial review
The United States Court of Appeals for the
Federal Circuit shall have jurisdiction over any
proceeding commenced by a petition of--
(A) a party aggrieved by a final
decision of the Board under section 1406(e)
of this title in cases arising under part A
of subchapter II of this title,
(B) a charging individual or a
respondent before the Board who files a
petition under section 1331(d)(4) of this
title,
(C) the General Counsel or a respondent
before the Board who files a petition under
section 1341(c)(5) of this title, or
(D) the General Counsel or a respondent
before the Board who files a petition under
section 1351(c)(3) of this title.
The court of appeals shall have exclusive
jurisdiction to set aside, suspend (in whole or
in part), to determine the validity of, or
otherwise review the decision of the Board.
(2) Enforcement
The United States Court of Appeals for the
Federal Circuit shall have jurisdiction over any
petition of the General Counsel, filed in the
name of the Office and at the direction of the
Board, to enforce a final decision under section
1405(g) or 1406(e) of this title with respect to
a violation of part A, B, C, or D of subchapter
II of this title.
(b) Procedures
(1) Respondents
(A) In any proceeding commenced by a
petition filed under subsection (a)(1) (A) or
(B) of this section, or filed by a party other
than the General Counsel under subsection (a)(1)
(C) or (D) of this section, the Office shall be
named respondent and any party before the Board
may be named respondent by filing a notice of
election with the court within 30 days after
service of the petition.
(B) In any proceeding commenced by a
petition filed by the General Counsel under
subsection (a)(1) (C) or (D) of this section,
the prevailing party in the final decision
entered under section 1406(e) of this title
shall be named respondent, and any other party
before the Board may be named respondent by
filing a notice of election with the court
within 30 days after service of the petition.
(C) In any proceeding commenced by a
petition filed under subsection (a)(2) of this
section, the party under section 1405 or 1406 of
this title that the General Counsel determines
has failed to comply with a final decision under
section 1405(g) or 1406(e) of this title shall
be named respondent.
(2) Intervention
Any party that participated in the
proceedings before the Board under section 1406
of this title and that was not made respondent
under paragraph (1) may intervene as of right.
(c) Law applicable
Chapter 158 of title 28, shall apply to judicial review
under paragraph (1) of subsection (a) of this section,
except that--
(1) with respect to section 2344 of title
28, service of a petition in any proceeding in
which the Office is a respondent shall be on the
General Counsel rather than on the Attorney
General;
(2) the provisions of section 2348 of title
28, on the authority of the Attorney General,
shall not apply;
(3) the petition for review shall be filed
not later than 90 days after the entry in the
Office of a final decision under section 1406(e)
of this title; and
(4) the Office shall be an ``agency'' as
that term is used in chapter 158 of title 28.
(d) Standard of review
To the extent necessary for decision in a proceeding
commenced under subsection (a)(1) of this section and when
presented, the court shall decide all relevant questions of
law and interpret constitutional and statutory provisions.
The court shall set aside a final decision of the Board if
it is determined that the decision, was--
(1) arbitrary, capricious, an abuse of
discretion, or otherwise not consistent with
law;
(2) not made consistent with required
procedures; or
(3) unsupported by substantial evidence.
(e) Record
In making determinations under subsection (d) of this
section, the court shall review the whole record, or those
parts of it cited by a party, and due account shall be taken
of the rule of prejudicial error. (Pub. L. 104-1, Title IV,
Sec. 407, Jan. 23, 1995, 109 Stat. 35.)
399.78-8 Sec. 1408. Civil action.
(a) Jurisdiction
The district courts of the United States shall have
jurisdiction over any civil action commenced under section
1404 of this title and this section by a covered employee
who has completed counseling under section 1402 of this
title and mediation under section 1403 of this title. A
civil action may be commenced by a covered employee only to
seek redress for a violation for which the employee has
completed counseling and mediation.
(b) Parties
The defendant shall be the employing office alleged to
have committed the violation, or in which the violation is
alleged to have occurred.
(c) Jury trial
Any party may demand a jury trial where a jury trial
would be available in an action against a private defendant
under the relevant law made applicable by this chapter. In
any case in which a violation of section 1311 of this title
is alleged, the court shall not inform the jury of the
maximum amount of compensatory damages available under
section 1311(b)(1) or 1311(b)(3) of this title. (Pub. L.
104-1, Title IV, Sec. 408, Jan. 23, 1995, 109 Stat. 37.)
399.78-9 Sec. 1409. Judicial review of regulations.
In any proceeding brought under section 1407 or 1408 of
this title in which the application of a regulation issued
under this chapter is at issue, the court may review the
validity of the regulation in accordance with the provisions
of subparagraphs (A) through (D) of section 706(2) of title
5, except that with respect to regulations approved by a
joint resolution under section 1384(c) of this title, only
the provisions of section 706(2)(B) of title 5, shall apply.
If the court determines that the regulation is invalid, the
court shall apply, to the extent necessary and appropriate,
the most relevant substantive executive agency regulation
promulgated to implement the statutory provisions with
respect to which the invalid regulation was issued. Except
as provided in this section, the validity of regulations
issued under this chapter is not subject to judicial review.
(Pub. L. 104-1, Title IV, Sec. 409, Jan. 23, 1995, 109 Stat.
37.)
399.78-10 Sec. 1410. Other judicial review prohibited.
Except as expressly authorized by sections 1407, 1408,
and 1409 of this title, the compliance or noncompliance with
the provisions of this chapter and any action taken pursuant
to this chapter shall not be subject to judicial review.
(Pub. L. 104-1, Title IV, Sec. 410, Jan. 23, 1995, 109 Stat.
37.)
399.78-11 Sec. 1411. Effect of failure to issue regulations.
In any proceeding under section 1405, 1406, 1407, or
1408 of this title, except a proceeding to enforce section
1351 of this title with respect to offices listed under
section 1351(e)(2) of this title, if the Board has not
issued a regulation on a matter for which this chapter
requires a regulation to be issued, the hearing officer,
Board, or court, as the case may be, shall apply, to the
extent necessary and appropriate, the most relevant
substantive executive agency regulation promulgated to
implement the statutory provision at issue in the
proceeding. (Pub. L. 104-1, Title IV, Sec. 411, Jan. 23,
1995, 109 Stat. 37.)
399.78-12 Sec. 1412. Expedited review of certain appeals.
(a) In general
An appeal may be taken directly to the Supreme Court of
the United States from any interlocutory or final judgment,
decree, or order of a court upon the constitutionality of
any provision of this chapter.
(b) Jurisdiction
The Supreme Court shall, if it has not previously ruled
on the question, accept jurisdiction over the appeal
referred to in subsection (a) of this section, advance the
appeal on the docket, and expedite the appeal to the
greatest extent possible. (Pub. L. 104-1, Title IV,
Sec. 412, Jan. 23, 1995, 109 Stat. 37.)
399.78-13 Sec. 1413. Privileges and immunities.
The authorization to bring judicial proceedings under
sections 1405(f)(3), 1407, and 1408 of this title shall not
constitute a waiver of sovereign immunity for any other
purpose, or of the privileges of any Senator or Member of
the House of Representatives under article I, section 6,
clause 1, of the Constitution, or a waiver of any power of
either the Senate or the House of Representatives under the
Constitution, including under article I, section 5, clause
3, or under the rules of either House relating to records
and information within its jurisdiction. (Pub. L. 104-1,
Title IV, Sec. 413, Jan. 23, 1995, 109 Stat. 38.)
399.78-14 Sec. 1414. Settlement of complaints.
Any settlement entered into by the parties to a process
described in section 1331, 1341, 1351, or 1401 of this title
shall be in writing and not become effective unless it is
approved by the Executive Director. Nothing in this chapter
shall affect the power of the Senate and the House of
Representatives, respectively, to establish rules governing
the process by which a settlement may be entered into by
such House or by any employing office of such House. (Pub.
L. 104-1, Title IV, Sec. 414, Jan. 23, 1995, 109 Stat. 38.)
399.78-15 Sec. 1415. Payments.
(a) Awards and settlements
Except as provided in subsection (c), only funds which
are appropriated to an account of the Office in the Treasury
of the United States for the payment of awards and
settlements may be used for the payment of awards and
settlements under this Act. There are authorized to be
appropriated for such account such sums as may be necessary
to pay such awards and settlements. Funds in the account are
not available for awards and settlements involving the
General Accounting Office, the Government Printing Office,
or the Library of Congress.
(b) Compliance
Except as provided in subsection (c), there are
authorized to be appropriated such sums as may be necessary
for administrative, personnel, and similar expenses of
employing offices which are needed to comply with this
chapter.
(c) OSHA, accommodation, and access requirements
Funds to correct violations of section 1311(a)(3), 1331,
or 1341 of this title may be paid only from funds
appropriated to the employing office or entity responsible
for correcting such violations. There are authorized to be
appropriated such sums as may be necessary for such funds.
(Pub. L. 104-1, Title IV, Sec. 415, Jan. 23, 1995, 109 Stat.
38.)
399.78-16 Sec. 1416. Confidentiality.
(a) Counseling
All counseling shall be strictly confidential, except
that the Office and a covered employee may agree to notify
the employing office of the allegations.
(b) Mediation
All mediation shall be strictly confidential.
(c) Hearings and deliberations
Except as provided in subsections (d), (e), and (f) of
this title, all proceedings and deliberations of hearing
officers and the Board, including any related records, shall
be confidential. This subsection shall not apply to
proceedings under section 1341 of this title, but shall
apply to the deliberations of hearing officers and the Board
under that section.
(d) Release of records for judicial action
The records of hearing officers and the Board may be
made public if required for the purpose of judicial review
under section 1407 of this title.
(e) Access by committees of Congress
At the discretion of the Executive Director, the
Executive Director may provide to the Committee on Standards
of Official Conduct of the House of Representatives and the
Select Committee on Ethics of the Senate access to the
records of the hearings and decisions of the hearing
officers and the Board, including all written and oral
testimony in the possession of the Office. The Executive
Director shall not provide such access until the Executive
Director has consulted with the individual filing the
complaint at issue, and until a final decision has been
entered under section 1405(g) or 1406(e) of this title.
(f) Final decisions
A final decision entered under section 1405(g) or
1406(e) of this title shall be made public if it is in favor
of the complaining covered employee, or in favor of the
charging party under section 1331 of this title, or if the
decision reverses a decision of a hearing officer which had
been in favor of the covered employee or charging party. The
Board may make public any other decision at its discretion.
(Pub. L. 104-1, Title IV, Sec. 416, Jan. 23, 1995, 109 Stat.
38.)
399.79
Subchapter V.--Miscellaneous Provisions
399.79-1 Sec. 1431. Exercise of rulemaking powers.
The provisions of sections 1302(b)(3) and 1384(c) of
this title are enacted--
(1) as an exercise of the rulemaking power
of the House of Representatives and the Senate,
respectively, and as such they shall be
considered as part of the rules of such House,
respectively, and such rules shall supersede
other rules only to the extent that they are
inconsistent therewith; and
(2) with full recognition of the
constitutional right of either House to change
such rules (so far as relating to such House) at
any time, in the same manner, and to the same
extent as in the case of any other rule of each
House. (Pub. L. 104-1, Title V, Sec. 501, Jan.
23, 1995, 109 Stat. 39.)
399.79-2 Sec. 1432. Political affiliation and place of residence.
(a) In general
It shall not be a violation of any provision of section
1311 of this title to consider the--
(1) party affiliation;
(2) domicile; or
(3) political compatibility with the
employing office;
of an employee referred to in subsection (b) of this section
with respect to employment decisions.
(b) Definition
For purposes of subsection (a) of this title, the term
``employee'' means--
(1) an employee on the staff of the
leadership of the House of Representatives or
the leadership of the Senate;
(2) an employee on the staff of a committee
or subcommittee of--
(A) the House of Representatives;
(B) the Senate; or
(C) a joint committee of the Congress;
(3) an employee on the staff of a Member of
the House of Representatives or on the staff of
a Senator;
(4) an officer of the House of
Representatives or the Senate or a congressional
employee who is elected by the House of
Representatives or Senate or is appointed by a
Member of the House of Representatives or by a
Senator (in addition an employee described in
paragraph (1), (2), or (3)); or
(5) an applicant for a position that is to
be occupied by an individual described in any of
paragraphs (1) through (4). (Pub. L. 104-1,
Title V, Sec. 502, Jan. 23, 1995, 109 Stat. 39.)
399.79-3 Sec. 1433. Nondiscrimination rules of the House and Senate.
The Select Committee on Ethics of the Senate and the
Committee on Standards of Official Conduct of the House of
Representatives retain full power, in accordance with the
authority provided to them by the Senate and the House, with
respect to the discipline of Members, officers, and
employees for violating rules of the Senate and the House on
nondiscrimination in employment. (Pub. L. 104-1, Title V,
Sec. 503, Jan. 23, 1995, 109 Stat. 40.)
399.79-4 Sec. 1434. Judicial branch coverage study.
The Judicial Conference of the United States shall
prepare a report for submission by the Chief Justice of the
United States to the Congress on the application to the
judicial branch of the Federal Government of--
(1) the Fair Labor Standards Act of 1938 (29
U.S.C. 201 et seq.);
(2) Title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e et seq.);
(3) the Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.);
(4) the Age Discrimination in Employment Act
of 1967 (29 U.S.C. 621 et seq.);
(5) the Family and Medical Leave Act of 1993
(29 U.S.C. 2611 et seq.);
(6) the Occupational Safety and Health Act
of 1970 (29 U.S.C. 651 et seq.);
(7) chapter 71 (relating to Federal service
labor-management relations) of title 5;
(8) the Employee Polygraph Protection Act of
1988 (29 U.S.C. 2001 et seq.);
(9) the Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2101 et seq.);
(10) the Rehabilitation Act of 1973 (29
U.S.C. 701 et seq.); and
(11) chapter 43 (relating to veterans'
employment and reemployment) of title 38.
The report shall be submitted to Congress not later than
December 31, 1996, and shall include any recommendations the
Judicial Conference may have for legislation to provide to
employees of the judicial branch the rights, protections,
and procedures under the listed laws, including
administrative and judicial relief, that are comparable to
those available to employees of the legislative branch under
subchapter I through IV of this chapter. (Pub. L. 104-1,
Title V, Sec. 505, Jan. 23, 1995, 109 Stat. 41.)
399.79-5 Sec. 1435. Savings provisions.
(a) Transition provisions for employees of the House of
Representatives and of the Senate
(1) Claims arising before effective date
If, as of the date on which section 1311 of
this title takes effect, an employee of the
Senate or the House of Representatives has or
could have requested counseling under section
305 of the Government Employees Rights Act of
1991 (2 U.S.C. 1205) or Rule LI of the House of
Representatives, including counseling for
alleged violations of family and medical leave
rights under subchapter V of chapter 28 of title
29, the employee may complete, or initiate and
complete, all procedures under chapter 23 of
this title and Rule LI, and the provisions of
that chapter and Rule shall remain in effect
with respect to, and provide the exclusive
procedures for, those claims until the
completion of all such procedures.
(2) Claims arising between effective date and opening of
office
If a claim by an employee of the Senate or
House of Representatives arises under section
1311 or 1312 of this title after January 23,
1995, but before the opening of the Office for
receipt of requests for counseling or mediation
under sections 1402 and 1403 of this title, the
provisions of chapter 23 of this title and Rule
LI of the House of Representatives relating to
counseling and mediation shall remain in effect,
and the employee may complete under that Act or
Rule the requirements for counseling and
mediation under sections 1402 and 1403 of this
title. If, after counseling and mediation is
completed, the Office has not yet opened for the
filing of a timely complaint under section 1405
of this title, the employee may elect--
(A) to file a complaint under section
307 of the Government Employees Rights Act
of 1991 (2 U.S.C. 1207) or Rule LI of the
House of Representatives, and thereafter
proceed exclusively under that Act or Rule,
the provisions of which shall remain in
effect until the completion of all
proceedings in relation to the complaint, or
(B) to commence a civil action under
section 1408 of this title.
(3) Section 1207a of this title
With respect to payments of awards and
settlements relating to Senate employees under
paragraph (1) of this subsection, section 1207a
of this title remains in effect.
(b) Transition provisions for employees of the Architect of
the Capitol
(1) Claims arising before effective date
If, as of January 23, 1995, an employee of
the Architect of the Capitol has or could have
filed a charge or complaint regarding an alleged
violation of section 166b-7(e)(2) of title 40,
the employee may complete, or initiate and
complete, all procedures under section 166b-7(e)
title 40, the provisions of which shall remain
in effect with respect to, and provide the
exclusive procedures for, that claim until the
completion of all such procedures.
(2) Claims arising between effective date and opening of
office
If a claim by an employee of the Architect
of the Capitol arises under section 1311 or 1312
of this title after January 23, 1995, but before
the opening of the Office for receipt of
requests for counseling or mediation under
sections 1402 and 1403 of this title, the
employee may satisfy the requirements for
counseling and mediation by exhausting the
requirements prescribed by the Architect of the
Capitol in accordance with section 166b-7(e)(3)
of title 40. If, after exhaustion of those
requirements the Office has not yet opened for
the filing of a timely complaint under section
1405 of this title, the employee may elect--
(A) to file a charge with the General
Accounting Office Personnel Appeals Board
pursuant to section 166b-7(e)(3) of title
40, and thereafter proceed exclusively under
section 166b-7(e) of title 40, the
provisions of which shall remain in effect
until the completion of all proceedings in
relation to the charge, or
(B) to commence a civil action under
section 1408 of this title.
(c) Transition provision relating to matters other than
employment under section 12209 of title 42
With respect to matters other than
employment under section 12209 of title 42, the
rights, protections, remedies, and procedures of
section 12209 of title 42 shall remain in effect
until section 1331 of this title takes effect
with respect to each of the entities covered by
section 12209 of this title. (Pub. L. 104-1,
Title V, Sec. 506, Jan. 23, 1995, 109 Stat. 42.)
399.79-6 Sec. 1436. Repealed. Pub.L. 106-57, title III, Sec. 313,
Sept. 29, 1999, 113 Stat. 428.
399.79-7 Sec. 1437. Sense of Senate regarding adoption of simplified
and streamlined acquisition procedures for Senate
acquisitions.
It is the sense of the Senate that the Committee on
Rules and Administration of the Senate should review the
rules applicable to purchases by Senate offices to determine
whether they are consistent with the acquisition
simplification and streamlining laws enacted in chapter 4 of
title 41. (Pub. L. 104-1, Title V, Sec. 508, Jan. 23, 1995,
109 Stat. 44.)
399.79-8 Sec. 1438. Severability.
If any provision of this chapter or the application of
such provision to any person or circumstance is held to be
invalid, the remainder of this chapter and the application
of the provisions of the remainder to any person or
circumstance shall not be affected thereby. (Pub. L. 104-1,
Title V, Sec. 509, Jan. 23, 1995, 109 Stat. 44.)
399.80
Chapter 25.--UNFUNDED MANDATES REFORM
399.80-1 Sec. 1501. Purposes.
The purposes of this chapter are--
(1) to strengthen the partnership between
the Federal Government and State, local, and
tribal governments;
(2) to end the imposition, in the absence of
full consideration by Congress, of Federal
mandates on State, local, and tribal governments
without adequate Federal funding, in a manner
that may displace other essential State, local,
and tribal governmental priorities;
(3) to assist Congress in its consideration
of proposed legislation establishing or revising
Federal programs containing Federal mandates
affecting State, local, and tribal governments,
and the private sector by--
(A) providing for the development of
information about the nature and size of
mandates in proposed legislation; and
(B) establishing a mechanism to bring
such information to the attention of the
Senate and the House of Representatives
before the Senate and the House of
Representatives vote on proposed
legislation;
(4) to promote informed and deliberate
decisions by Congress on the appropriateness of
Federal mandates in any particular instance;
(5) to require that Congress consider
whether to provide funding to assist State,
local, and tribal governments in complying with
Federal mandates, to require analyses of the
impact of private sector mandates, and through
the dissemination of that information provide
informed and deliberate decisions by Congress
and Federal agencies and retain competitive
balance between the public and private sectors;
(6) to establish a point-of-order vote on
the consideration in the Senate and House of
Representatives of legislation containing
significant Federal intergovernmental mandates
without providing adequate funding to comply
with such mandates;
(7) to assist Federal agencies in their
consideration of proposed regulations affecting
State, local, and tribal governments, by--
(A) requiring that Federal agencies
develop a process to enable the elected and
other officials of State, local, and tribal
governments to provide input when Federal
agencies are developing regulations; and
(B) requiring that Federal agencies
prepare and consider estimates of the
budgetary impact of regulations containing
Federal mandates upon State, local, and
tribal governments and the private sector
before adopting such regulations, and
ensuring that small governments are given
special consideration in that process; and
(8) to begin consideration of the effect of
previously imposed Federal mandates, including
the impact on State, local, and tribal
governments of Federal court interpretations of
Federal statutes and regulations that impose
Federal intergovernmental mandates. (Pub. L.
104-4, Sec. 2, Mar. 22, 1995, 109 Stat. 48.)
399.80-2 Sec. 1502. Definitions.
For purposes of this chapter--
(1) except as provided in section 1555 of
this title, the terms defined under section 658
of this title shall have the meanings as so
defined; and
(2) the term ``Director'' means the Director
of the Congressional Budget Office. (Pub. L.
104-4, Sec. 3, Mar. 22, 1995, 109 Stat. 49.)
399.80-3 Sec. 1503. Exclusions.
This chapter shall not apply to any provision in a bill,
joint resolution, amendment, motion, or conference report
before Congress and any provision in a proposed or final
Federal regulation that--
(1) enforces constitutional rights of
individuals;
(2) establishes or enforces any statutory
rights that prohibit discrimination on the basis
of race, color, religion, sex, national origin,
age, handicap, or disability;
(3) requires compliance with accounting and
auditing procedures with respect to grants or
other money or property provided by the Federal
Government;
(4) provide for emergency assistance or
relief at the request of any State, local, or
tribal government or any official of a State,
local, or tribal government;
(5) is necessary for the national security
or the ratification or implementation of
international treaty obligations;
(6) the President designates as emergency
legislation and that the Congress so designates
in statute; or
(7) relates to the old-age, survivors, and
disability insurance program under subchapter II
of chapter 7 of title 42 (including taxes
imposed by sections 3101(a) and 3111(a) of title
26 (relating to old-age, survivors, and
disability insurance)). (Pub. L. 104-4, Sec. 4,
Mar. 22, 1995, 109 Stat. 49.)
399.80-4 Sec. 1504. Agency assistance.
Each agency shall provide to the Director such
information and assistance as the Director may reasonably
request to assist the Director in carrying out this chapter.
(Pub. L. 104-4, Sec. 5, Mar. 22, 1995, 109 Stat. 50.)
399.81
Subchapter I.--Legislative Accountability and Reform
399.81-1 Sec. 1511. Cost of regulations.
(a) Sense of the Congress
It is the sense of the Congress that Federal agencies
should review and evaluate planned regulations to ensure
that the cost estimates provided by the Congressional Budget
Office will be carefully considered as regulations are
promulgated.
(b) Statement of cost
At the request of a committee chairman or ranking
minority member, the Director shall, to the extent
practicable, prepare a comparison between--
(1) an estimate by the relevant agency,
prepared under section 1532 of this title, of
the costs of regulations implementing an Act
containing a Federal mandate; and
(2) the cost estimate prepared by the
Congressional Budget Office for such Act when it
was enacted by the Congress.
(c) Cooperation of Office of Management and Budget
At the request of the Director of the Congressional
Budget Office, the Director of the Office of Management and
Budget shall provide data and cost estimates for regulations
implementing an Act containing a Federal mandate covered by
part B of title IV of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 658 et seq.).
(Pub. L. 104-4, Title I, Sec. 103, Mar. 22, 1995, 109 Stat.
62.)
Effective Date
Section 110 of Pub. L. 104-4 provided that: ``This title
[enacting this subchapter and part B of subchapter II of
chapter 17a of this title, and amending sections 602, 632,
653 of this title] shall take effect on January 1, 1996 or
on the date 90 days after appropriations are made available
as authorized under section 109, whichever is earlier and
shall apply to legislation considered on and after such
date.''
399.81-2 Sec. 1512. Consideration for Federal funding.
Nothing in this chapter shall preclude a State, local,
or tribal government that already complies with all or part
of the Federal intergovernmental mandates included in the
bill, joint resolution, amendment, motion, or conference
report from consideration for Federal funding under section
658d(a)(2) of this title for the cost of the mandate,
including the costs the State, local, or tribal government
is currently paying and any additional costs necessary to
meet the mandate. (Pub. L. 104-4, Title I, Sec. 105, Mar.
22, 1995, 109 Stat. 62.)
399.81-3 Sec. 1513. Impact on local governments.
(a) Findings
The Senate finds that--
(1) the Congress should be concerned about
shifting costs from Federal to State and local
authorities and should be equally concerned
about the growing tendency of States to shift
costs to local governments;
(2) cost shifting from States to local
governments has, in many instances, forced local
governments to raise property taxes or curtail
sometimes essential services; and
(3) increases in local property taxes and
cuts in essential services threaten the ability
of many citizens to attain and maintain the
American dream of owning a home in a safe,
secure community.
(b) Sense of the Senate
It is the sense of the Senate that--
(1) the Federal Government should not shift
certain costs to the State, and States should
end the practice of shifting costs to local
governments, which forces many local governments
to increase property taxes;
(2) States should end the imposition, in the
absence of full consideration by their
legislatures, of State issued mandates on local
governments without adequate State funding, in a
manner that may displace other essential
government priorities; and
(3) one primary objective of this chapter
and other efforts to change the relationship
among Federal, State, and local governments
should be to reduce taxes and spending at all
levels and to end the practice of shifting costs
from one level of government to another with
little or no benefit to taxpayers. (Pub. L. 104-
4, Title I, Sec. 106, Mar. 22, 1995, 109 Stat.
63.)
399.81-4 Sec. 1514. Enforcement in the House of Representatives.
(a) Omitted.
(b) Committee on Rules Reports on Waived Points of Order
The Committee on Rules shall include in the report
required by clause 1(d) of rule XI (relating to its
activities during the Congress) of the Rules of the House of
Representatives a separate item identifying all waivers of
points of order relating to Federal mandates, listed by bill
or joint resolution number and the subject matter of that
measure. (Pub. L. 104-4, Title I, Sec. 107, Mar. 22, 1995,
109 Stat. 63.)
399.81-5 Sec. 1515. Exercise of rulemaking powers.
The provisions of sections 658 to 658g and 1514 of this
title are enacted by Congress--
(1) as an exercise of the rulemaking power
of the Senate and the House of Representatives,
respectively, and as such they shall be
considered as part of the rules of such House,
respectively, and such rules shall supersede
other rules only to the extent that they are
inconsistent therewith; and
(2) with full recognition of the
constitutional right of either House to change
such rules (so far as relating to such House) at
any time, in the same manner, and to the same
extent as in the case of any other rule of each
House. (Pub. L. 104-4, Title I, Sec. 108, Mar.
22, 1995, 109 Stat. 63.)
399.81-6 Sec. 1516. Authorization of appropriations.
There are authorized to be appropriated to the
Congressional Budget Office $4,500,000 for each of the
fiscal years 1996, 1997, 1998, 1999, 2000, 2001, and 2002 to
carry out the provisions of this subchapter. (Pub. L. 104-4,
Title I, Sec. 109, Mar. 22, 1995, 109 Stat. 64.)
399.83
Subchapter II.--Regulatory Accountability and Reform
399.83-1 Sec. 1531. Regulatory process.
Each agency shall, unless otherwise prohibited by law,
assess the effects of Federal regulatory actions on State,
local, and tribal governments, and the private sector (other
than to the extent that such regulations incorporate
requirements specifically set forth in law). (Pub. L. 104-4,
Title II, Sec. 201, Mar. 22, 1995, 109 Stat. 64.)
399.83-2 Sec. 1532. Statements to accompany significant regulatory
actions.
(a) In general
Unless otherwise prohibited by law, before promulgating
any general notice of proposed rulemaking that is likely to
result in promulgation of any rule that includes any Federal
mandate that may result in the expenditure by State, local,
and tribal governments, in the aggregate, or by the private
sector, of $100,000,000 or more (adjusted annually for
inflation) in any 1 year, and before promulgating any final
rule for which a general notice of proposed rulemaking was
published, the agency shall prepare a written statement
containing--
(1) an identification of the provision of
Federal law under which the rule is being
promulgated;
(2) a qualitative and quantitative
assessment of the anticipated costs and benefits
of the Federal mandate, including the costs and
benefits to State, local, and tribal governments
or the private sector, as well as the effect of
the Federal mandate of health, safety, and the
natural environment and such an assessment shall
include--
(A) an analysis of the extent to which
such costs to State, local, and tribal
governments may be paid with Federal
financial assistance (or otherwise paid for
by the Federal Government); and
(B) the extent to which there are
available Federal resources to carry out the
intergovernmental mandate;
(3) estimates by the agency, if and to the
extent that the agency determines that accurate
estimates are reasonably feasible, of--
(A) the future compliance costs of the
Federal mandate; and
(B) any disproportionate budgetary
effects of the Federal mandate upon any
particular regions of the nation or
particular State, local, or tribal
governments, urban or rural or other types
of communities, or particular segments of
the private sector;
(4) estimates by the agency of the effect on
the national economy, such as the effect on
productivity, economic growth, full employment,
creation of productive jobs, and international
competitiveness of United States goods and
services, if and to the extent that the agency
in its sole discretion determines that accurate
estimates are reasonably feasible and that such
effect is relevant and material; and
(5)(A) a description of the extent of the
agency's prior consultation with elected
representatives (under section 1534 of this
title) of the affected State, local, and tribal
governments;
(B) a summary of the comments and concerns
that were presented by State, local, or tribal
governments either orally or in writing to the
agency; and
(C) a summary of the agency's evaluation of
those comments and concerns.
(b) Promulgation
In promulgating a general notice of proposed rulemaking
or a final rule for which a statement under subsection (a)
of this section is required, the agency shall include in the
promulgation a summary of the information contained in the
statement.
(c) Preparation in conjunction with other statement
Any agency may prepare any statement required under
subsection (a) of this section in conjunction with or as
part of any other statement or analysis, provided that the
statement or analysis satisfies the provisions of subsection
(a) of this section. (Pub. L. 104-4, Title II, Sec. 202,
Mar. 22, 1995, 109 Stat. 64.)
399.83-3 Sec. 1533. Small government agency plan.
(a) Effects on small governments
Before establishing any regulatory requirements that
might significantly or uniquely affect small governments,
agencies shall have developed a plan under which the agency
shall--
(1) provide notice of the requirements to
potentially affected small governments, if any;
(2) enable officials of affected small
governments to provide meaningful and timely
input in the development of regulatory proposals
containing significant Federal intergovernmental
mandates; and
(3) inform, educate, and advise small
governments on compliance with the requirements.
(b) Authorization of appropriations
There are authorized to be appropriated to each agency,
to carry out the provisions of this section and for no other
purpose, such sums as are necessary. (Pub. L. 104-4, Title
II, Sec. 203, Mar. 22, 1995, 109 Stat. 65.)
399.83-4 Sec. 1534. State, local, and tribal government input.
(a) In general
Each agency shall, to the extent permitted in law,
develop an effective process to permit elected officers of
State, local, and tribal governments (or their designated
employees with authority to act on their behalf) to provide
meaningful and timely input in the development of regulatory
proposals containing significant Federal intergovernmental
mandates.
(b) Meetings between State, local, tribal and Federal
officers
The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to actions in support of intergovernmental
communications where--
(1) meetings are held exclusively between
Federal officials and elected officers of State,
local, and tribal governments (or their
designated employees with authority to act on
their behalf) acting in their official
capacities; and
(2) such meetings are solely for the
purposes of exchanging views, information, or
advice relating to the management or
implementation of Federal programs established
pursuant to public law that explicitly or
inherently share intergovernmental
responsibilities or administration.
(c) Implementing guidelines
No later than 6 months after March 22, 1995, the
President shall issue guidelines and instructions to Federal
agencies for appropriate implementation of subsections (a)
and (b) of this section consistent with applicable laws and
regulations. (Pub. L. 104-4, Title II, Sec. 204, Mar. 22,
1995, 109 Stat. 65.)
399.83-5 Sec. 1535. Least burdensome option or explanation required.
(a) In general
Except as provided in subsection (b) of this section,
before promulgating any rule for which a written statement
is required under section 1532 of this title, the agency
shall identify and consider a reasonable number of
regulatory alternatives and from those alternatives select
the least costly, most cost-effective or least burdensome
alternative that achieves the objectives of the rule, for--
(1) State, local, and tribal governments, in
the case of a rule containing a Federal
intergovernmental mandate; and
(2) the private sector, in the case of a
rule containing a Federal private sector
mandate.
(b) Exception
The provisions of subsection (a) of this section shall
apply unless--
(1) the head of the affected agency
publishes with the final rule an explanation of
why the least costly, most cost-effective or
least burdensome method of achieving the
objectives of the rule was not adopted; or
(2) the provisions are inconsistent with
law.
(c) OMB certification
No later than 1 year after March 22, 1995, the Director
of the Office of Management and Budget shall certify to
Congress, with a written explanation, agency compliance with
this section and include in that certification agencies and
rulemakings that fail to adequately comply with this
section. (Pub. L. 104-4, Title II, Sec. 205, Mar. 22, 1995,
109 Stat. 66.)
399.83-6 Sec. 1536. Assistance to the Congressional Budget Office.
The Director of the Office of Management and Budget
shall--
(1) collect from agencies the statements
prepared under section 1532 of this title; and
(2) periodically forward copies of such
statements to the Director of the Congressional
Budget Office on a reasonably timely basis after
promulgation of the general notice of proposed
rulemaking or of the final rule for which the
statement was prepared. (Pub. L. 104-4, Title
II, Sec. 206, Mar. 22, 1995, 109 Stat. 66.)
399.83-7 Sec. 1537. Pilot program on small government flexibility.
(a) In general
The Director of the Office of Management and Budget, in
consultation with Federal agencies, shall establish pilot
programs in at least two agencies to test innovative, and
more flexible regulatory approaches that--
(1) reduce reporting and compliance burdens
on small governments; and
(2) meet overall statutory goals and
objectives.
(b) Program focus
The pilot programs shall focus on rules in effect or
proposed rules, or a combination thereof. (Pub. L. 104-4,
Title II, Sec. 207, Mar. 22, 1995, 109 Stat. 67.)
399.83-8 Sec. 1538. Annual statements to Congress on agency
compliance.
No later than 1 year after March 22, 1995 and annually
thereafter, the Director of the Office of Management and
Budget shall submit to the Congress, including the Committee
on Governmental Affairs of the Senate and the Committee on
Government Reform and Oversight of the House of
Representatives, a written report detailing compliance by
each agency during the preceding reporting period with the
requirements of this subchapter. (Pub. L. 104-4, Title II,
Sec. 208, Mar. 22, 1995, 109 Stat. 67.)
399.85
Subchapter III.--Review of Federal Mandates
399.85-1 Sec. 1551. Baseline study of costs and benefits.
(a) In general
No later than 18 months after March 22, 1995, the
Advisory Commission on Intergovernmental Relations
(hereafter in this title referred to as the ``Advisory
Commission''), in consultation with the Director, shall
complete a study to examine the measurement and definition
issues involved in calculating the total costs and benefits
to State, local, and tribal governments of compliance with
Federal law.
(b) Considerations
The study required by this sections shall consider--
(1) the feasibility of measuring indirect
costs and benefits as well as direct costs and
benefits of the Federal, State, local, and
tribal relationship; and
(2) how to measure both the direct and
indirect benefits of Federal financial
assistance and tax benefits to State, local, and
tribal governments. (Pub. L. 104-4, Title III,
Sec. 301, Mar. 22, 1995, 109 Stat. 67.)
399.85-2 Sec. 1552. Report on Federal mandates by Advisory Commission
on Intergovernmental Relations.
(a) In general
The Advisory Commission on Intergovernmental Relations
shall in accordance with this section--
(1) investigate and review the role of
Federal mandates in intergovernmental relations
and their impact on State, local, tribal, and
Federal government objectives and
responsibilities, and their impact on the
competitive balance between State, local, and
tribal governments, and the private sector and
consider views of and the impact on working men
and women on those same matters;
(2) investigate and review the role of
unfunded State mandates imposed on local
governments;
(3) make recommendations to the President
and the Congress regarding--
(A) allowing flexibility for State,
local, and tribal governments in complying
with specific Federal mandates for which
terms of compliance are unnecessarily rigid
or complex;
(B) reconciling any two or more Federal
mandates which impose contradictory or
inconsistent requirements;
(C) terminating Federal mandates which
are duplicative, obsolete, or lacking in
practical utility;
(D) suspending, on a temporary basis,
Federal mandates which are not vital to
public health and safety and which compound
the fiscal difficulties of State, local, and
tribal governments, including
recommendations for triggering such
suspension;
(E) consolidating or simplifying Federal
mandates, or the planning or reporting
requirements of such mandates, in order to
reduce duplication and facilitate compliance
by State, local, and tribal governments with
those mandates;
(F) establishing common Federal
definitions or standards to be used by
State, local, and tribal governments in
complying with Federal mandates that use
different definitions or standards for the
same terms or principles; and
(G)(i) the mitigation of negative
impacts on the private sector that may
result from relieving State, local, and
tribal governments from Federal mandates (if
and to the extent that such negative impacts
exist on the private sector); and
(ii) the feasibility of applying relief
from Federal mandates in the same manner and
to the same extent to private sector
entities as such relief is applied to State,
local, and tribal governments; and
(4) identify and consider in each
recommendation made under paragraph (3), to the
extent practicable--
(A) the specific Federal mandates to
which the recommendation applies, including
requirements of the departments, agencies,
and other entities of the Federal Government
that State, local, and tribal governments
utilize metric systems of measurement; and
(B) any negative impact on the private
sector that may result from implementation
of the recommendation.
(b) Criteria
(1) In general
The Commission shall establish criteria for making
recommendations under subsection (a) of this section.
(2) Issuance of proposed criteria
The Commission shall issue proposed criteria under this
subsection no later than 60 days after March 22, 1995, and
thereafter provide a period of 30 days for submission by the
public of comments on the proposed criteria.
(3) Final criteria
No later than 45 days after the date of issuance of
proposed criteria, the Commission shall--
(A) consider comments on the proposed
criteria received under paragraph (2);
(B) adopt and incorporate in final criteria
any recommendations submitted in those comments
that the Commission determines will aid the
Commission in carrying out its duties under this
section; and
(C) issue final criteria under this
subsection.
(c) Preliminary report
(1) In general
No later than 9 months after March 22, 1995,
the Commission shall--
(A) prepare and publish a preliminary
report on its activities under this
subchapter, including preliminary
recommendations pursuant to subsection (a)
of this section;
(B) publish in the Federal Register a
notice of availability of the preliminary
report; and
(C) provide copies of the preliminary
report to the public upon request.
(2) Public hearings
The Commission shall hold public hearings on
the preliminary recommendations contained in the
preliminary report of the Commission under this
subsection.
(d) Final report
No later than 3 months after the date of the publication
of the preliminary report under subsection (c) of this
section, the Commission shall submit to the Congress,
including the Committee on Government Reform and Oversight
of the House of Representatives, the Committee on
Governmental Affairs of the Senate, the Committee on the
Budget of the Senate, and the Committee on the Budget of the
House of Representatives, and to the President a final
report on the findings, conclusions, and recommendations of
the Commission under this section.
(e) Priority to mandates that are subject of judicial
proceedings
In carrying out this section, the Advisory Commission
shall give the highest priority to immediately
investigating, reviewing, and making recommendations
regarding Federal mandates that are the subject of judicial
proceedings between the United States and a State, local, or
tribal government.
(f) Definition
For purposes of this section the term ``State mandate''
means any provision in a State statute or regulation that
imposes an enforceable duty on local governments, the
private sector, or individuals, including a condition of
State assistance or a duty arising from participation in a
voluntary State program. (Pub. L. 104-4, Title III,
Sec. 302, Mar. 22, 1995, 109 Stat. 67.)
399.85-3 Sec. 1553. Special authorities of Advisory Commission.
(a) Experts and consultants
For purposes of carrying out this subchapter, the
Advisory Commission may procure temporary and intermittent
services of experts or consultants under section 3109(b) of
title 5.
(b) Detail of staff of Federal agencies
Upon request of the Executive Director of the Advisory
Commission, the head of any Federal department or agency may
detail, on a reimbursable basis, any of the personnel of
that department or agency to the Advisory Commission to
assist it in carrying out this subchapter.
(c) Administrative support services
Upon the request of the Advisory Commission, the
Administrator of General Services shall provide to the
Advisory Commission, on a reimbursable basis, the
administrative support services necessary for the Advisory
Commission to carry out its duties under this subchapter.
(d) Contract authority
The Advisory Commission may, subject to appropriate,
contract with and compensate government and private persons
(including agencies) for property and services used to carry
out its duties under this subchapter. (Pub. L. 104-4, Title
III, Sec. 303, Mar. 22, 1995, 109 Stat. 69.)
399.85-4 Sec. 1554. Annual report to Congress regarding Federal court
rulings.
No later than 4 months after March 22, 1995, and no
later than March 15 of each year thereafter, the Advisory
Commission on Intergovernmental Relations shall submit to
the Congress, including the Committee on Government Reform
and Oversight of the House of Representatives and the
Committee on Governmental Affairs of the Senate, and to the
President a report describing any Federal court case to
which a State, local, or tribal government was a party in
the preceding calendar year that required such State, local,
or tribal government to undertake responsibilities or
activities, beyond those such government would otherwise
have undertaken, to comply with Federal statutes and
regulations. (Pub. L. 104-4, Title III, Sec. 304, Mar. 22,
1995, 109 Stat. 70.)
399.85-5 Sec. 1555. Definition.
Notwithstanding section 1502 of this title, for purposes
of this subchapter the term ``Federal mandate'' means any
provision in statute or regulation or any Federal court
ruling that imposes an enforceable duty upon State, local,
or tribal governments including a condition of Federal
assistance or a duty arising from participation in a
voluntary Federal program. (Pub. L. 104-4, Title III,
Sec. 305, Mar. 22, Stat. 70.)
399.85-6 Sec. 1556. Authorization of appropriations.
There are authorized to be appropriated to the Advisory
Commission to carry out section 1551 and section 1552 of
this title, $500,000 for each of fiscal years 1995 and 1996.
(Pub. L. 104-4, Title III, Sec. 306, Mar. 22, 1995, 109
Stat. 70.)
399.87
Subchapter IV.--Judicial Review
399.87-1 Sec. 1571. Judicial review.
(a) Agency statements on significant regulatory actions
(1) In general
Compliance or noncompliance by any agency
with the provisions of sections 1532 and 1533(a)
(1) and (2) of this title shall be subject to
judicial review only in accordance with this
section.
(2) Limited review of agency compliance or noncompliance
(A) Agency compliance or noncompliance with
the provisions of sections 1532 and 1533(a) (1)
and (2) of this title shall be subject to
judicial review only under section 706(1) of
title 5, and only as provided under subparagraph
(B).
(B) If an agency fails to prepare the
written statement (including the preparation of
the estimates, analyses, statements, or
descriptions) under section 1532 of this title
or the written plan under section 1533(a) (1)
and (2) of this title, a court may compel the
agency to prepare such written statement.
(3) Review of agency rules
In any judicial review under any other
Federal law of an agency rule for which a
written statement or plan is required under
sections 1532 and 1533(a) (1) and (2) of this
title, the inadequacy or failure to prepare such
statement (including the inadequacy or failure
to prepare any estimate, analysis, statement or
description) or written plan shall not be used
as a basis for staying, enjoining, invalidating
or otherwise affecting such agency rule.
(4) Certain information as part of record
Any information generated under sections
1532 and 1533(a) (1) and (2) of this title that
is part of the rulemaking record for judicial
review under the provisions of any other Federal
law may be considered as part of the record for
judicial review conducted under such other
provisions of Federal law.
(5) Application of other Federal law
For any petition under paragraph (2) the
provisions of such other Federal law shall
control all other matters, such as exhaustion of
administrative remedies, the time for and manner
of seeking review and venue, except that if such
other Federal law does not provide a limitation
on the time for filing a petition for judicial
review that is less than 180 days, such
limitation shall be 180 days after a final rule
is promulgated by the appropriate agency.
(6) Effective date
This subsection shall take effect on October
1, 1995, and shall apply only to any agency rule
for which a general notice of proposed
rulemaking is promulgated on or after such date.
(b) Judicial review and rule of construction
Except as provided in subsection (a) of this section
(1) any estimate, analysis, statement,
description or report prepared under this
chapter, and any compliance or noncompliance
with the provisions of this chapter, and any
determination concerning the applicability of
the provisions of this chapter shall not be
subject to judicial review; and
(2) no provision of this chapter shall be
construed to create any right or benefit,
substantive or procedural, enforceable by any
person in any administrative or judicial action.
(Pub. L. 104-4, Title IV, Sec. 401, Mar. 22,
1995, 109 Stat. 70.)
399.90
Chapter 26.--DISCLOSURE OF LOBBYING ACTIVITIES
399.90-1 Sec. 1601. Findings.
The Congress finds that--
(1) responsible representative Government
requires public awareness of the efforts of paid
lobbyists to influence the public decision-
making process in both the legislative and
executive branches of the Federal Government;
(2) existing lobbying disclosure statutes
have been ineffective because of unclear
statutory language, weak administrative and
enforcement provisions, and an absence of clear
guidance as to who is required to register and
what they are required to disclose; and
(3) the effective public disclosure of the
identity and extent of the efforts of paid
lobbyists to influence Federal officials in the
conduct of Government actions will increase
public confidence in the integrity of
Government. (Pub. L. 104-65, Sec. 2, Dec. 19,
1995, 109 Stat. 691.)
399.90-2 Sec. 1602. Definitions.
As used in this chapter:
(1) Agency
The term ``agency'' has the meaning
given that term in section 551(1) of title
5.
(2) Client
The term ``client'' means any person or
entity that employs or retains another
person for financial or other compensation
to conduct lobbying activities on behalf of
that person or entity. A person or entity
whose employees act as lobbyists on its own
behalf is both a client and an employer of
such employees. In the case of a coalition
or association that employs or retains other
persons to conduct lobbying activities, the
client is the coalition or association and
not its individual members.
(3) Covered executive branch official
The term ``covered executive branch
official'' means--
(A) the President;
(B) the Vice President;
(C) any officer or employee, or
any other individual functioning in
the capacity of such an officer or
employee, in the Executive Office of
the President;
(D) any officer or employee
serving in a position in level I,
II, III, IV, or V of the Executive
Schedule, as designated by statute
or Executive order;
(E) any member of the uniformed
services whose pay grade is at or
above O-7 under section 201 of title
37; and
(F) any officer or employee
serving in a position of a
confidential, policy-determining,
policy-making, or policy-advocating
character described in section
7511(b)(2)(B) of title 5.
(4) Covered legislative branch official
The term ``covered legislative branch
official'' means--
(A) a Member of Congress;
(B) an elected officer of either
House of Congress;
(C) any employee of, or any
other individual functioning in the
capacity of an employee of--
(i) a Member of
Congress;
(ii) a committee of
either House of Congress;
(iii) the leadership
staff of the House of
Representatives or the
leadership staff of the
Senate;
(iv) a joint committee
of Congress; and
(v) a working group or
caucus organized to provide
legislative services or
other assistance to Members
of Congress; and
(D) any other legislative branch
employee serving in a position
described under section 109(13) of
the Ethics in Government Act of 1978
(5 U.S.C. App.).
(5) Employee
The term ``employee'' means any
individual who is an officer, employee,
partner, director, or proprietor of a person
or entity, but does not include--
(A) independent contractors; or
(B) volunteers who receive no
financial or other compensation from
the person or entity for their
services.
(6) Foreign entity
The term ``foreign entity'' means a
foreign principal (as defined in section
1(b) of the Foreign Agents Registration Act
of 1938 (22 U.S.C. 611(b)).
(7) Lobbying activities
The term ``lobbying activities'' means
lobbying contacts and efforts in support of
such contacts, including preparation and
planning activities, research and other
background work that is intended, at the
time it is performed, for use in contacts,
and coordination with the lobbying
activities of others.
(8) Lobbying contact
(A) Definition
The term ``lobbying contact''
means any oral or written
communication (including an
electronic communication) to a
covered executive branch official or
a covered legislative branch
official that is made on behalf of a
client with regard to--
(i) the formulation,
modification, or adoption of
Federal legislation
(including legislative
proposals);
(ii) the formulation,
modification, or adoption of
a Federal rule, regulation,
Executive order, or any
other program, policy, or
position of the United
States Government;
(iii) the administration
or execution of a Federal
program or policy (including
the negotiation, award, or
administration of a Federal
contract, grant, loan,
permit, or license); or
(iv) the nomination or
confirmation of a person for
a position subject to
confirmation by the Senate.
(B) Exceptions
The term ``lobbying contact''
does not include a communication
that is--
(i) made by a public
official acting in the
public official's official
capacity;
(ii) made by a
representative of a media
organization if the purpose
of the communication is
gathering and disseminating
news and information to the
public;
(iii) made in a speech,
article, publication or
other material that is
distributed and made
available to the public, or
through radio, television,
cable television, or other
medium of mass
communication;
(iv) made on behalf of a
government of a foreign
country or a foreign
political party and
disclosed under the Foreign
Agents Registration Act of
1938 (22 U.S.C. 611 et
seq.);
(v) a request for a
meeting, a request for the
status of an action, or any
other similar administrative
request, if the request does
not include an attempt to
influence a covered
executive branch official or
a covered legislative branch
official;
(vi) made in the course
of participation in an
advisory committee subject
to the Federal Advisory
Committee Act;
(vii) testimony given
before a committee,
subcommittee, or task force
of the Congress, or
submitted for inclusion in
the public record of a
hearing conducted by such
committee, subcommittee, or
task force;
(viii) information
provided in writing in
response to an oral or
written request by a covered
executive branch official or
a covered legislative branch
official for specific
information;
(ix) required by
subpoena, civil
investigative demand, or
otherwise compelled by
statute, regulation, or
other action of the Congress
or an agency, including any
communication compelled by a
Federal contract, grant,
loan, permit, or license;
(x) made in response to
a notice in the Federal
Register, Commerce Business
Daily, or other similar
publication soliciting
communications from the
public and directed to the
agency official specifically
designated in the notice to
receive such communications;
(xi) not possible to
report without disclosing
information, the
unauthorized disclosure of
which is prohibited by law;
(xii) made to an
official in an agency with
regard to--
(I) a judicial
proceeding or a criminal or
civil law enforcement
inquiry, investigation, or
proceeding; or
(II) a filing or
proceeding that the
Government is specifically
required by statute or
regulation to maintain or
conduct on a confidential
basis,
if that agency is charged with responsibility for such
proceeding, inquiry, investigation, or filing
(xiii) made in
compliance with written
agency procedures regarding
an adjudication conducted by
the agency under section 554
of title 5, or substantially
similar provisions;
(xiv) a written comment
filed in the course of a
public proceeding or any
other communication that is
made on the record in a
public proceeding;
(xv) a petition for
agency action made in
writing and required to be a
matter of public record
pursuant to established
agency procedures;
(xvi) made on behalf of
an individual with regard to
that individual's benefits,
employment, or other
personal matters involving
only that individual, except
that this clause does not
apply to any communication
with--
(I) a covered
executive branch official,
or
(II) a covered
legislative branch official
(other than the individual's
elected Members of Congress
or employees who work under
such Members' direct
supervision),
with respect to the formulation, modification, or adoption
of private legislation for the relief of that individual;
(xvii) a disclosure by
an individual that is
protected under the
amendments made by the
Whistleblower Protection Act
of 1989 [5 U.S.C. 1201 et
seq.], under the Inspector
General Act of 1978 [12
U.S.C. 1811 et seq.], or
under another provision of
law;
(xviii) made by--
(I) a church, its
integrated auxiliary, or a
convention or association of
churches that is exempt from
filing a Federal income tax
return under paragraph
2(A)(i) of section 6033(a)
of the Internal Revenue Code
of 1986 [26 U.S.C. 6033(a)],
or
(II) a religious order
that is exempt from filing a
Federal income tax return
under paragraph (2)(A)(iii)
of such section 6033(a); and
(xix) between--
(I) officials of a
self-regulatory organization
(as defined in section
3(a)(26) of the Securities
Exchange Act [15 U.S.C.
78c(a)(26)]) that is
registered with or
established by the
Securities and Exchange
Commission as required by
that Act or a similar
organization that is
designated by or registered
with the Commodities Future
Trading Commission as
provided under the Commodity
Exchange Act [7 U.S.C. 1 et
seq.]; and
(II) the Securities
and Exchange Commission or
the Commodities Futures
Trading Commission,
respectively;
relating to the regulatory responsibilities of such
organization under that Act.
(9) Lobbying firm
The term ``lobbying firm'' means a
person or entity that has 1 or more
employees who are lobbyists on behalf of a
client other than that person or entity. The
term also includes a self-employed
individual who is a lobbyist.
(10) Lobbyist
The term ``lobbyist'' means any
individual who is employed or retained by a
client for financial or other compensation
for services that include more than one
lobbying contact, other than an individual
whose lobbying activities constitute less
than 20 percent of the time engaged in the
services provided by such individual to that
client over a six month period.
(11) Media organization
The term ``media organization'' means a
person or entity engaged in disseminating
information to the general public through a
newspaper, magazine, other publication,
radio, television, cable television, or
other medium of mass communication.
(12) Member of Congress
The term ``Member of Congress'' means a
Senator or a Representative in, or Delegate
or Resident Commissioner to, the Congress.
(13) Organization
The term ``organization'' means a person
or entity other than an individual.
(14) Person or entity
The term ``person or entity'' means any
individual, corporation, company,
foundation, association, labor organization,
firm, partnership, society, joint stock
company, group of organizations, or State or
local government.
(15) Public official
The term ``public official'' means any
elected official, appointed official, or
employee of--
(A) a Federal, State, or local
unit of government in the United
States other than--
(i) a college or
university;
(ii) a government-
sponsored enterprise (as
defined in section 3(8) of
the Congressional Budget and
Impoundment Control Act of
1974 [2 U.S.C. 622(8)]);
(iii) a public utility
that provides gas,
electricity, water, or
communications;
(iv) a guaranty agency
(as defined in section
435(j) of the Higher
Education Act of 1965 (20
U.S.C. 1085(j))), including
any affiliate of such an
agency; or
(v) an agency of any
State functioning as a
student loan secondary
market pursuant to section
435(d)(1)(F) of the Higher
Education Act of 1965 (20
U.S.C. 1085(d)(1)(F));
(B) a Government corporation (as
defined in section 9101 of title
31);
(C) an organization of State or
local elected or appointed officials
other than officials of an entity
described in clause (i), (ii),
(iii), (iv), or (v) of subparagraph
(A);
(D) an Indian tribe (as defined
in section 4(e) of the Indian Self-
Determination and Education
Assistance Act (25 U.S.C. 450b(e));
(E) a national or State
political party or any
organizational unit thereof; or
(F) a national, regional, or
local unit of any foreign
government, or a group of
governments acting together as an
international organization.
(16) State
The term ``State'' means each of the
several States, the District of Columbia,
and any commonwealth, territory, or
possession of the United States. (Pub. L.
104-65, Sec. 3, Dec. 19, 1995, 109 Stat.
691; Pub. L. 105-166, Sec. Sec. 2, 3, Apr.
6, 1998, 112 Stat. 38.)
399.90-3 Sec. 1603. Registration of lobbyists.
(a) Registration
(1) General rule
No later than 45 days after a lobbyist first
makes a lobbying contact or is employed or
retained to make a lobbying contact, whichever
is earlier, such lobbyist (or, as provided under
paragraph (2), the organization employing such
lobbyist), shall register with the Secretary of
the Senate and the Clerk of the House of
Representatives.
(2) Employer filing
Any organization that has 1 or more
employees who are lobbyists shall file a single
registration under this section on behalf of
such employees for each client on whose behalf
the employees act as lobbyists.
(3) Exemption
(A) General rule
Notwithstanding paragraphs (1) and (2),
a person or entity whose--
(i) total income for matters
related to lobbying activities on
behalf of a particular client (in
the case of a lobbying firm) does
not exceed and is not expected to
exceed $5,000; or
(ii) total expenses in
connection with lobbying activities
(in the case of an organization
whose employees engage in lobbying
activities on its own behalf) do not
exceed or are not expected to exceed
$20,000,
(as estimated under section 1604 of this title) in the
semiannual period described in section 1604(a) of this title
during which the registration would be made is not required
to register under subsection (a) of this title with respect
to such client.
(B) Adjustment
The dollar amounts in subparagraph (A)
shall be adjusted--
(i) on January 1, 1997, to
reflect changes in the Consumer
Price Index (as determined by the
Secretary of Labor) since December
19, 1995; and
(ii) on January 1 of each fourth
year occurring after January 1,
1997, to reflect changes in the
Consumer Price Index (as determined
by the Secretary of Labor) during
the preceding 4-year period,
rounded to the nearest $500.
(b) Contents of registration
Each registration under this section shall contain--
(1) the name, address, business telephone
number, and principal place of business of the
registrant, and a general description of its
business or activities;
(2) the name, address, and principal place
of business of the registrant's client, and a
general description of its business or
activities (if different from paragraph (1));
(3) the name, address, and principal place
of business of any organization, other than the
client, that--
(A) contributes more than $10,000 toward
the lobbying activities of the registrant in
a semiannual period described in section
1604(a) of this title; and
(B) in whole or in major part plans,
supervises, or controls such lobbying
activities.
(4) the name, address, principal place of
business, amount of any contribution of more
than $10,000 to the lobbying activities of the
registrant, and approximate percentage of
equitable ownership in the client (if any) of
any foreign entity that--
(A) holds at least 20 percent equitable
ownership in the client or any organization
identified under paragraph (3);
(B) directly or indirectly, in whole or
in major part, plans, supervises, controls,
directs, finances, or subsidizes the
activities of the client or any organization
identified under paragraph (3); or
(C) is an affiliate of the client or any
organization identified under paragraph (3)
and has a direct interest in the outcome of
the lobbying activity;
(5) a statement of--
(A) the general issue areas in which the
registrant expects to engage in lobbying
activities on behalf of the client; and
(B) to the extent practicable, specific
issues that have (as of the date of the
registration) already been addressed or are
likely to be addressed in lobbying
activities; and
(6) the name of each employee of the
registrant who has acted or whom the registrant
expects to act as a lobbyist on behalf of the
client and, if any such employee has served as a
covered executive branch official or a covered
legislative branch official in the 2 years
before the date on which such employee first
acted (after December 19, 1995) as a lobbyist on
behalf of the client, the position in which such
employee served.
(c) Guidelines for registration
(1) Multiple clients
In the case of a registrant making lobbying
contacts on behalf of more than 1 client, a
separate registration under this section shall
be filed for each such client.
(2) Multiple contacts
A registrant who makes more than 1 lobbying
contact for the same client shall file a single
registration covering all such lobbying
contacts.
(d) Termination of registration
A registrant who after registration--
(1) is no longer employed or retained by a
client to conduct lobbying activities, and
(2) does not anticipate any additional
lobbying activities for such client,
may so notify the Secretary of the Senate and the Clerk of
the House of Representatives and terminate its registration.
(Pub. L. 104-65, Sec. 4, Dec. 19, 1995, 109 Stat. 696.)
399.90-4 Sec. 1604. Reports by registered lobbyists.
(a) Semiannual report
No later than 45 days after the end of the semiannual
period beginning on the first day of each January and the
first day of July of each year in which a registrant is
registered under section 4, each registrant shall file a
report with the Secretary of the Senate and the Clerk of the
House of Representatives on its lobbying activities during
such semiannual period. A separate report shall be filed for
each client of the registrant.
(b) Contents of report
Each semiannual report filed under subsection (a) of
this section shall contain--
(1) the name of the registrant, the name of
the client, and any changes or updates to the
information provided in the initial
registration;
(2) for each general issue area in which the
registrant engaged in lobbying activities on
behalf of the client during the semiannual
filing period--
(A) a list of the specific issues upon
which a lobbyist employed by the registrant
engaged in lobbying activities, including,
to the maximum extent practicable, a list of
bill numbers and references to specific
executive branch actions;
(B) a statement of the Houses of
Congress and the Federal agencies contacted
by lobbyists employed by the registrant on
behalf of the client;
(C) a list of the employees of the
registrant who acted as lobbyists on behalf
of the client; and
(D) a description of the interest, if
any, of any foreign entity identified under
section 1603(b)(4) of this title in the
specific issues listed under subparagraph
(A);
(3) in the case of a lobbying firm, a good
faith estimate of the total amount of all income
from the client (including any payments to the
registrant by any other person for lobbying
activities on behalf of the client) during the
semiannual period, other than income for matters
that are unrelated to lobbying activities; and
(4) in the case of a registrant engaged in
lobbying activities on its own behalf, a good
faith estimate of the total expenses that the
registrant and its employees incurred in
connection with lobbying activities during the
semiannual filing period.
(c) Estimates of income or expenses
For purposes of this section, estimates of income or
expenses shall be made as follows:
(1) Estimates of amounts in excess of
$10,000 shall be rounded to the nearest $20,000.
(2) In the event income or expenses do not
exceed $10,000, the registrant shall include a
statement that income or expenses totaled less
than $10,000 for the reporting period. (Pub. L.
104-65, Sec. 5, Dec. 19, 1995, 109 Stat. 697;
Pub. L. 105-166, Sec. 4(c), Apr. 6, 1998, 112
Stat. 39.)
399.90-5 Sec. 1605. Disclosure and enforcement.
The Secretary of the Senate and the Clerk of the House
of Representatives shall--
(1) provide guidance and assistance on the
registration and reporting requirements of this
chapter and develop common standards, rules, and
procedures for compliance with this chapter;
(2) review, and, where necessary, verify and
inquire to ensure the accuracy, completeness and
timeliness of registration and reports;
(3) develop filing, coding, and cross-
indexing systems to carry out the purpose of
this chapter, including--
(A) a publicly available list of all
registered lobbyists, lobbying firms, and
their clients; and
(B) computerized systems designed to
minimize the burden of filing and maximize
public access to materials filed under this
chapter;
(4) make available for public inspection and
copying at reasonable times the registrations
and reports filed under this chapter;
(5) retain registrations for a period of at
least 6 years after they are terminated and
reports for a period of at least 6 years after
they are filed;
(6) compile and summarize, with respect to
each semiannual period, the information
contained in registrations and reports filed
with respect to such period in a clear and
complete manner;
(7) notify any lobbyist or lobbying firm in
writing that may be in noncompliance with this
Act; and
(8) notify the United States Attorney for
the District of Columbia that a lobbyist or
lobbying firm may be in noncompliance with this
chapter, if the registrant has been notified in
writing and has failed to provide an appropriate
response within 60 days after notice was given
under paragraph (7). (Pub. L. 104-65, Sec. 6,
Dec. 19, 1995, 109 Stat. 698.)
399.90-6 Sec. 1606. Penalties.
Whoever knowingly fails to--
(1) remedy a defective filing within 60 days
after notice of such a defect by the Secretary
of the Senate or the Clerk of the House of
Representatives; or
(2) comply with any other provision of this
chapter;
shall, upon proof of such knowing violation by a
preponderance of the evidence, be subject to a civil fine of
not more than $50,000, depending on the extent and gravity
of the violation. (Pub. L. 104-65, Sec. 7, Dec. 19, 1995,
109 Stat. 699.)
399.90-7 Sec. 1607. Rules of construction.
(a) Constitutional rights
Nothing in this chapter shall be construed to prohibit
or interfere with--
(1) the right to petition the Government for
the redress of grievances;
(2) the right to express a personal opinion;
or
(3) the right of association,
protected by the first amendment to the Constitution.
(b) Prohibition of activities
Nothing in this chapter shall be construed to prohibit,
or to authorize any court to prohibit, lobbying activities
or lobbying contacts by any person or entity, regardless of
whether such person or entity is in compliance with the
requirements of this chapter.
(c) Audit and investigations
Nothing in this chapter shall be construed to grant
general audit or investigative authority to the Secretary of
the Senate or the Clerk of the House of Representatives.
(Pub. L. 104-65, Sec. 8, Dec. 19, 1995, 109 Stat. 699.)
399.90-8 Sec. 1608. Severability.
If any provision of this chapter, or the application
thereof, is held invalid, the validity of the remainder of
this chapter and the application of such provision to other
persons and circumstances shall not be affected thereby.
(Pub. L. 104-65, Sec. 13, Dec. 19, 1995, 109 Stat. 701.)
399.90-9 Sec. 1609. Identification of clients and covered officials.
(a) Oral lobbying contacts
Any person or entity that makes an oral lobbying contact
with a covered legislative branch official or a covered
executive branch official shall, on the request of the
official at the time of the lobbying contact--
(1) state whether the person or entity is
registered under this chapter and identify the
client on whose behalf the lobbying contact is
made; and
(2) state whether such client is a foreign
entity and identify any foreign entity required
to be disclosed under section 1603(b)(4) of this
title that has a direct interest in the outcome
of the lobbying activity.
(b) Written lobbying contacts
Any person or entity registered under this chapter that
makes a written lobbying contact (including an electronic
communication) with a covered legislative branch official or
a covered executive branch official shall--
(1) if the client on whose behalf the
lobbying contact was made is a foreign entity,
identify such client, state that the client is
considered a foreign entity under this chapter,
and state whether the person making the lobbying
contact is registered on behalf of that client
under section 1603 of this title; and
(2) identify any other foreign entity
identified pursuant to section 1603(b)(4) of
this title that has a direct interest in the
outcome of the lobbying activity.
(c) Identification as covered official
Upon request by a person or entity making a lobbying
contact, the individual who is contacted or the office
employing that individual shall indicate whether or not the
individual is a covered legislative branch official or a
covered executive branch official. (Pub. L. 104-65, Sec. 14,
Dec. 19, 1995, 109 Stat. 702.)
399.90-10 Sec. 1610. Estimates based on tax reporting system.
(a) Entities covered by section 6033(b) of title 26
A person, other than a lobbying firm, that is required
to report and does report lobbying expenditures pursuant to
section 6033(b)(8) of title 26 may--
(1) make a good faith estimate (by category
of dollar value) of applicable amounts that
would be required to be disclosed under such
section for the appropriate semiannual period to
meet the requirements of sections 1603(a)(3) and
1604(b)(4) of this title; and
(2) for all other purposes consider as
lobbying contacts and lobbying activities only--
(A) lobbying contacts with covered
legislative branch officials (as defined in
section 1602(4) of this title) and lobbying
activities in support of such contacts; and
(B) lobbying of Federal executive branch
officials to the extent that such activities
are influencing legislation as defined in
section 4911(d) of title 26.
(b) Entities covered by section 162(e) of title 26
A person, other than a lobbying firm, who is required to
account and does account for lobbying expenditures pursuant
to section 162(e) of title 26 may--
(1) make a good faith estimate (by category
of dollar value) of applicable amounts that
would not be deductible pursuant to such section
for the appropriate semiannual period to meet
the requirements of sections 1603(a)(3) and
1604(b)(4) of this title; and
(2) for all other purposes consider as
lobbying contacts and lobbying activities only--
(A) lobbying contacts with covered
legislative branch officials (as defined in
section 1602(4) of this title) and lobbying
activities in support of such contacts; and
(B) lobbying of Federal executive branch
officials to the extent that amounts paid or
costs incurred in connection with such
activities are not deductible pursuant to
section 162(e) of title 26.
(c) Disclosure of estimate
Any registrant that elects to make estimates required by
this chapter under the procedures authorized by subsection
(a) or (b) of this section for reporting or threshold
purposes shall--
(1) inform the Secretary of the Senate and
the Clerk of the House of Representatives that
the registrant has elected to make its estimates
under such procedures; and
(2) make all such estimates, in a given
calendar year, under such procedures.
(d) Study
Not later than March 31, 1997, the Comptroller General
of the United States shall review reporting by registrants
under subsections (a) and (b) of this section and report to
the Congress--
(1) the differences between the definition
of ``lobbying activities'' in section 1602(7) of
this title and the definitions of ``lobbying
expenditures'', ``influencing legislation'', and
related terms in sections 162(e) and 4911 of
title 26, as each are implemented by
regulations;
(2) the impact that any such differences may
have on filing and reporting under this chapter
pursuant to this subsection; and
(3) any changes to this chapter to the
appropriate sections of title 26 that the
Comptroller General may recommend to harmonize
the definitions.
(Pub. L. 104-65, Sec. 15, Dec. 19, 1995, 109 Stat. 702; Pub.
L. 105-166, Sec. 4(a), (b), Apr. 6, 1998, 112 Stat. 38.)
399.90-11 Sec. 1611. Exempt organizations.
An organization described in section 501(c)(4) of title
26 which engages in lobbying activities shall not be
eligible for the receipt of Federal funds constituting an
award, grant, or loan.
(Pub. L. 104-65, Sec. 18, Dec. 19, 1995, 109 Stat. 703; Pub.
L. 104-99, Title I, Sec. 129(a), Jan. 26, 1996, 110 Stat.
34.)
399.90-12 Sec. 1612. Sense of the Senate that lobbying expenses should
remain nondeductible.
(a) Findings
The Senate finds that ordinary Americans generally are
not allowed to deduct the costs of communicating with their
elected representatives.
(b) Sense of the Senate
It is the sense of the Senate that lobbying expenses
should not be tax deductible. (Pub. L. 104-65. Sec. 23, Dec.
19, 1995, 109 Stat. 705.)
3u.s.c.--the president
general and permanent laws relating to the senate
TITLE 3.--THE PRESIDENT
Chapter 1.--PRESIDENTIAL ELECTIONS AND VACANCIES
400 Sec. 1. Time of appointing electors.
The electors of President and Vice President shall be
appointed, in each State, on the Tuesday next after the
first Monday in November, in every fourth year succeeding
every election of a President and Vice President. (June 25,
1948, ch. 644, Sec. 1, 62 Stat. 672.)
401 Sec. 2. Failure to make choice on prescribed day.
Whenever any State has held an election for the purpose
of choosing electors, and has failed to make a choice on the
day prescribed by law, the electors may be appointed on a
subsequent day in such a manner as the legislature of such
State may direct. (June 25, 1948, ch. 644, Sec. 1, 62 Stat.
672.)
402 Sec. 3. Number of electors.
The number of electors shall be equal to the number of
Senators and Representatives to which the several States are
by law entitled at the time when the President and Vice
President to be chosen come into office; except, that where
no apportionment of Representatives has been made after any
enumeration, at the time of choosing electors, the number of
electors shall be according to the then existing
apportionment of Senators and Representatives. (June 25,
1948, ch. 644, Sec. 1, 62 Stat. 672.)
403 Sec. 4. Vacancies in electoral college.
Each State may, by law, provide for the filling of any
vacancies which may occur in its college of electors when
such college meets to give its electoral vote. (June 25,
1948, ch. 644, Sec. 1, 62 Stat. 673.)
404 Sec. 5. Determination of controversy as to appointment of
electors.
If any State shall have provided, by laws enacted prior
to the day fixed for the appointment of the electors, for
its final determination of any controversy or contest
concerning the appointment of all or any of the electors of
such State, by judicial or other methods or procedures, and
such determination shall have been made at least six days
before the time fixed for the meeting of the electors, such
determination made pursuant to such law so existing on said
day, and made at least six days prior to said time of
meeting of the electors, shall be conclusive, and shall
govern in the counting of the electoral votes as provided in
the Constitution, and as hereinafter regulated, so far as
the ascertainment of the electors appointed by such State is
concerned. (June 25, 1948, ch. 644, Sec. 1, 62 Stat. 673.)
405 Sec. 6. Credentials of electors; transmission to Archivist
of the United States and to Congress; public inspection.
It shall be the duty of the executive of each State, as
soon as practicable after the conclusion of the appointment
of the electors in such State by the final ascertainment,
under and in pursuance of the laws of such State providing
for such ascertainment, to communicate by registered mail
under the seal of the State to the Archivist of the United
States, a certificate of such ascertainment of the electors
appointed, setting forth the names of such electors and the
canvass or other ascertainment under the laws of such State
of the number of votes given or cast for each person for
whose appointment any and all votes have been given or cast;
and it shall also thereupon be the duty of the executive of
each State to deliver to the electors of such State, on or
before the day on which they are required by section 7 of
this title to meet, six duplicate-originals of the same
certificate under the seal of the State; and if there shall
have been any final determination in a State in the manner
provided for by law of a controversy or contest concerning
the appointment of all or any of the electors of such State,
it shall be the duty of the executive of such State, as soon
as practicable after such determination, to communicate
under the seal of the State to the Archivist of the United
States, a certificate of such determination in form and
manner as the same shall have been made; and the certificate
or certificates so received by the Archivist of the United
States, shall be preserved by him for one year and shall be
a part of the public records of his office and shall be open
to public inspection; and the Archivist of the United
States, at the first meeting of Congress thereafter shall
transmit to the two Houses of Congress copies in full of
each and every such certificate so received at the National
Archives and Records Administration. (June 25, 1948, ch.
644, 62 Stat. 673; Oct. 31, 1951, ch. 655, Sec. 6, 65 Stat.
711; Oct. 19, 1984, Pub. L. 98-497, Title I, Sec. 107(e)(1),
(2)(A), 98 Stat. 2291.)
406 Sec. 7. Meeting and vote of electors.
The electors of President and Vice President of each
State shall meet and give their votes on the first Monday
after the second Wednesday in December next following their
appointment at such place in each State as the legislature
of such State shall direct. (June 25, 1948, ch. 644, Sec. 1,
62 Stat. 673.)
407 Sec. 8. Manner of voting.
The electors shall vote for President and Vice
President, respectively, in the manner directed by the
Constitution. (June 25, 1948, ch. 644, Sec. 1, 62 Stat.
674.)
408 Sec. 9. Certificates of votes for President and Vice
President.
The electors shall make and sign six certificates of all
the votes given by them, each of which certificates shall
contain two distinct lists, one of the votes for President
and the other of the votes for Vice President, and shall
annex to each of the certificates one of the lists of the
electors which shall have been furnished to them by
direction of the executive of the State. (June 25, 1948, ch.
644, Sec. 1, 62 Stat. 674.)
409 Sec. 10. Sealing and endorsing certificates.
The electors shall seal up the certificates so made by
them, and certify upon each that the lists of all the votes
of such States given for President, and of all the votes
given for Vice President, are contained therein. (June 25,
1948, ch. 644, Sec. 1, 62 Stat. 674.)
410 Sec. 11. Disposition of certificates.
The electors shall dispose of the certificates so made
by them and the lists attached thereto in the following
manner:
First. They shall forthwith forward by registered mail
one of the same to the President of the Senate at the seat
of government.
Second. Two of the same shall be delivered to the
secretary of state of the State, one of which shall be held
subject to the order of the President of the Senate, the
other to be preserved by him for one year and shall be a
part of the public records of his office and shall be open
to public inspection.
Third. On the day thereafter they shall forward by
registered mail two of such certificates and lists to the
Archivist of the United States at the seat of government,
one of which shall be held subject to the order of the
President of the Senate. The other shall be preserved by the
Archivist of the United States for one year and shall be a
part of the public records of his office and shall be open
to public inspection.
Fourth. They shall forthwith cause the other of the
certificates and lists to be delivered to the judge of the
district in which the electors shall have assembled. (Oct.
31, 1951, ch. 655, Sec. 7, 65 Stat. 712; Oct. 19, 1984, Pub.
L. 98-497, Title I, Sec. 107(e)(1), 98 Stat. 2291.)
411 Sec. 12. Failure of certificates of electors to reach
President of Senate or Archivist of the United States;
demand on State for certificate.
When no certificate of vote and list mentioned in
sections 9 and 11 of this title from any State shall have
been received by the President of the Senate or by the
Archivist of the United States by the fourth Wednesday in
December, after the meeting of the electors shall have been
held, the President of the Senate or, if he be absent from
the seat of government, the Archivist of the United States
shall request, by the most expeditious method available, the
secretary of state of the State to send up the certificate
and list lodged with him by the electors of such State; and
it shall be his duty upon receipt of such request
immediately to transmit same by registered mail to the
President of the Senate at the seat of government. (Oct. 31,
1951, ch. 655, Sec. 8, 65 Stat. 712; Oct. 19, 1984, Pub. L.
98-497, Title I, Sec. 107(e)(1), (2)(B), 98 Stat. 2291.)
412 Sec. 13. Same; demand on district judge for certificate.
When no certificates of votes from any State shall have
been received at the seat of government on the fourth
Wednesday in December, after the meeting of the electors
shall have been held, the President of the Senate or, if he
be absent from the seat of government, the Archivist of the
United States shall send a special messenger to the district
judge in whose custody one certificate of votes from the
State has been lodged, and such judge shall forthwith
transmit that list by the hand of such messenger to the seat
of government. (Oct. 31, 1951, ch. 655, Sec. 9, 65 Stat.
712; Oct. 19, 1984, Pub. L. 98-497, Title I, Sec. 107(e)(1),
98 Stat. 2291.)
413 Sec. 14. Forfeiture for messenger's neglect of duty.
Every person who, having been appointed, pursuant to
section 13 of this title, to deliver the certificates of the
votes of the electors to the President of the Senate, and
having accepted such appointment, shall neglect to perform
the services required from him, shall forfeit the sum of
$1,000. (June 25, 1948, ch. 644, Sec. 1, 62 Stat. 675.)
414 Sec. 15. Counting electoral votes in Congress.
Congress shall be in session on the sixth day of January
succeeding every meeting of the electors. The Senate and
House of Representatives shall meet in the Hall of the House
of Representatives at the hour of 1 o'clock in the afternoon
on that day, and the President of the Senate shall be their
presiding officer. Two tellers shall be previously appointed
on the part of the Senate and two on the part of the House
of Representatives, to whom shall be handed, as they are
opened by the President of the Senate, all the certificates
and papers purporting to be certificates of the electoral
votes, which certificates and papers shall be opened,
presented, and acted upon in the alphabetical order of the
States, beginning with the letter A; and said tellers,
having then read the same in the presence and hearing of the
two Houses, shall make a list of the votes as they shall
appear from the said certificates; and the votes having been
ascertained and counted according to the rules in this
subchapter provided, the result of the same shall be
delivered to the President of the Senate, who shall
thereupon announce the state of the vote, which announcement
shall be deemed a sufficient declaration of the persons, if
any, elected President and Vice President of the United
States, and, together with a list of the votes, be entered
on the Journals of the two Houses. Upon such reading of any
such certificate or paper, the President of the Senate shall
call for objections, if any. Every objection shall be made
in writing, and shall state clearly and concisely, and
without argument, the ground thereof, and shall be signed by
at least one Senator and one Member of the House of
Representatives before the same shall be received. When all
objections so made to any vote or paper from a State shall
have been received and read, the Senate shall thereupon
withdraw, and such objections shall be submitted to the
Senate for its decision; and the Speaker of the House of
Representatives shall, in like manner, submit such
objections to the House of Representatives for its decision;
and no electoral vote or votes from any State which shall
have been regularly given by electors whose appointment has
been lawfully certified to according to section 6 of this
title from which but one return has been received shall be
rejected, but the two Houses concurrently may reject the
vote or votes when they agree that such vote or votes have
not been so regularly given by electors whose appointment
has been so certified. If more than one return or paper
purporting to be a return from a State shall have been
received by the President of the Senate, those votes, and
those only, shall be counted which shall have been regularly
given by the electors who are shown by the determination
mentioned in section 5 of this title to have been appointed,
if the determination in said section provided for shall have
been made, or by such successors or substitutes, in case of
a vacancy in the board of electors so ascertained, as have
been appointed to fill such vacancy in the mode provided by
the laws of the State; but in case there shall arise the
question which of two or more of such State authorities
determining what electors have been appointed, as mentioned
in section 5 of this title, is the lawful tribunal of such
State, the votes regularly given of those electors, and
those only, of such State shall be counted whose title as
electors the two Houses, acting separately, shall
concurrently decide is supported by the decision of such
State so authorized by its law; and in such case of more
than one return or paper purporting to be a return from a
State, if there shall have been no such determination of the
question in the State aforesaid, then those votes, and those
only, shall be counted which the two Houses shall
concurrently decide were cast by lawful electors appointed
in accordance with the laws of the State, unless the two
Houses, acting separately, shall concurrently decide such
votes not to be the lawful votes of the legally appointed
electors of such State. But if the two Houses shall disagree
in respect of the counting of such votes, then, and in that
case, the votes of the electors whose appointment shall have
been certified by the executive of the State, under the seal
thereof, shall be counted. When the two Houses have voted,
they shall immediately again meet, and the presiding officer
shall then announce the decision of the questions submitted.
No votes or papers from any other State shall be acted upon
until the objections previously made to the votes or papers
from any State shall have been finally disposed of. (June
25, 1948, ch. 644, Sec. 1, 62 Stat. 675.)
415 Sec. 16. Same; seats for officers and Members of two Houses
in joint meeting.
At such joint meeting of the two Houses seats shall be
provided as follows: For the President of the Senate, the
Speaker's chair; for the Speaker, immediately upon his left;
the Senators, in the body of the Hall upon the right of the
presiding officer; for the Representatives, in the body of
the Hall not provided for the Senators; for the tellers,
Secretary of the Senate, and Clerk of the House of
Representatives, at the Clerk's desk; for the other officers
of the two Houses, in front of the Clerk's desk and upon
each side of the Speaker's platform. Such joint meeting
shall not be dissolved until the count of electoral votes
shall be completed and the result declared; and no recess
shall be taken unless a question shall have arisen in regard
to counting any such votes, or otherwise under this
subchapter, in which case it shall be competent for either
House, acting separately, in the manner hereinbefore
provided, to direct a recess of such House not beyond the
next calendar day, Sunday excepted, at the hour of 10
o'clock in the forenoon. But if the counting of the
electoral votes and the declaration of the result shall not
have been completed before the fifth calendar day next after
such first meeting of the two Houses, no further or other
recess shall be taken by either House. (June 25, 1948, ch.
644, Sec. 1, 62 Stat. 676.)
416 Sec. 17. Same; limit of debate in each House.
When the two Houses separate to decide upon an objection
that may have been made to the counting of any electoral
vote or votes from any State, or other question arising in
the matter, each Senator and Representative may speak to
such objection or question five minutes, and not more than
once; but after such debate shall have lasted two hours it
shall be the duty of the presiding officer of each House to
put the main question without further debate. (June 25,
1948, ch. 644, Sec. 1, 62 Stat. 676.)
417 Sec. 18. Same; parliamentary procedure at joint meeting.
While the two Houses shall be in meeting as provided in
this chapter, the President of the Senate shall have power
to preserve order; and no debate shall be allowed and no
question shall be put by the presiding officer except to
either House on a motion to withdraw. (Sept. 3, 1954, ch.
1263, Sec. 3, 68 Stat. 1227.)
418 Sec. 19. Vacancy in offices of both President and Vice
President; officers eligible to act.
418.1 (a)(1) If, by reason of death, resignation, removal from
office, inability, or failure to qualify, there is neither a
President nor Vice President to discharge the powers and
duties of the office of President, then the Speaker of the
House of Representatives shall, upon his resignation as
Speaker and as Representative in Congress, act as President.
(2) The same rule shall apply in the case of the death,
resignation, removal from office, or inability of an
individual acting as President under this subsection.
418.2 (b) If, at the time when under subsection (a) of this
section a Speaker is to begin the discharge of the powers
and duties of the office of President, there is no Speaker,
or the Speaker fails to qualify as Acting President, then
the President pro tempore of the Senate shall, upon his
resignation as President pro tempore and as Senator, act as
President.
418.3 (c) An individual acting as President under subsection
(a) or subsection (b) of this section shall continue to act
until the expiration of the then current Presidential term,
except that--
(1) if his discharge of the powers and
duties of the office is founded in whole or in
part on the failure of both the President-elect
and the Vice-President-elect to qualify, then he
shall act only until a President or Vice
President qualifies; and
(2) if his discharge of the powers and
duties of the office is founded in whole or in
part on the inability of the President or Vice
President, then he shall act only until the
removal of the disability of one of such
individuals.
418.4 (d)(1) If, by reason of death, resignation, removal from
office, inability, or failure to qualify, there is no
President pro tempore to act as President under subsection
(b) of this section, then the officer of the United States
who is highest on the following list, and who is not under
disability to discharge the powers and duties of the office
of President shall act as President: Secretary of State,
Secretary of the Treasury, Secretary of Defense, Attorney
General, Secretary of the Interior, Secretary of
Agriculture, Secretary of Commerce, Secretary of Labor,
Secretary of Health and Human Services, Secretary of Housing
and Urban Development, Secretary of Transportation,
Secretary of Energy, Secretary of Education, Secretary of
Veterans' Affairs.
(2) An individual acting as President under this
subsection shall continue to do so until the expiration of
the then current Presidential term, but not after a
qualified and prior-entitled individual is able to act,
except that the removal of the disability of an individual
higher on the list contained in paragraph (1) of this
subsection or the ability to qualify on the part of an
individual higher on such list shall not terminate his
service.
(3) The taking of the oath of office by an individual
specified in the list in paragraph (1) of this subsection
shall be held to constitute his resignation from the office
by virtue of the holding of which he qualifies to act as
President.
418.5 (e) Subsections (a), (b), and (d) of this section shall
apply only to such officers as are eligible to the office of
President under the Constitution. Subsection (d) of this
section shall apply only to officers appointed, by and with
the advice and consent of the Senate, prior to the time of
the death, resignation, removal from office, inability, or
failure to qualify, of the President pro tempore, and only
to officers not under impeachment by the House of
Representatives at the time the powers and duties of the
office of President devolve upon them.
418.6 (f) During the period that any individual acts as
President under this section, his compensation shall be at
the rate then provided by law in the case of the President.
(June 25, 1948, ch. 644, Sec. 1, 62 Stat. 677; Sept. 9,
1965, Pub. L. 89-174, Sec. 6(a), 79 Stat. 669; Oct. 15,
1966, Pub. L. 89-670, Sec. 10(a), 80 Stat. 948; Aug. 12,
1970, Pub. L. 91-375, Sec. 6(b), 84 Stat. 775; Aug. 4, 1977,
Pub. L. 95-91, Title VII, Sec. 709(g), 91 Stat. 609; Oct.
17, 1979, Pub. L. 96-88, Title V, Sec. 508(a), 93 Stat. 692;
Oct. 25, 1988, Pub. L. 100-527, Sec. 13(a), 102 Stat. 2643.)
419 Sec. 20. Resignation or refusal of office.
The only evidence of a refusal to accept, or of a
resignation of the office of President or Vice President,
shall be an instrument in writing, declaring the same, and
subscribed by the person refusing to accept or resigning, as
the case may be, and delivered into the office of the
Secretary of State. (June 25, 1948, ch. 644, Sec. 1, 62
Stat. 678.)
419.1 Sec. 21. Definitions.
As used in this chapter the term--
(a) ``State'' includes the District of
Columbia.
(b) ``executives of each State'' includes
the Board of Commissioners of the District of
Columbia. (Oct. 4, 1961, Pub. L. 87-389,
Sec. 2(a), 75 Stat. 820.)
Chapter 2.--OFFICE AND COMPENSATION OF PRESIDENT
420 Sec. 101. Commencement of term of office.
The term of four years for which a President and Vice
President shall be elected, shall, in all cases, commence on
the 20th day of January next succeeding the day on which the
votes of the electors have been given. (June 25, 1948, ch.
644, Sec. 1, 62 Stat. 678.)
421 Sec. 104. Salary of the Vice President.
(a) The per annum rate of salary of the Vice President
of the United States shall be the rate determined for such
position under chapter 11 of title 2, as adjusted under this
section. Subject to subsection (b), effective at the
beginning of the first month in which an adjustment takes
effect under section 5303 of title 5 in the rates of pay
under the General Schedule, the salary of the Vice President
shall be adjusted by an amount, rounded to the nearest
multiple of $100 (or if midway between multiples of $100, to
the nearest higher multiple of $100), equal to the
percentage of such per annum rate which corresponds to the
most recent percentage change in the ECI (relative to the
date described in the next sentence), as determined under
section 704(a)(1) of the Ethics Reform Act of 1989. The
appropriate date under this sentence is the first day of the
fiscal year in which such adjustment in the rates of pay
under the General Schedule takes effect.
(b) In no event shall the percentage adjustment taking
effect under the second and third sentences of subsection
(a) in any calendar year (before rounding) exceed the
percentage adjustment taking effect in such calendar year
under section 5303 of title 5 in the rates of pay under the
General Schedule. (June 25, 1948, ch. 644, 62 Stat. 678;
Jan. 19, 1949, ch. 2, Sec. 1(b), 63 Stat. 4; Mar. 2, 1955,
ch. 9, Sec. 4(c), 69 Stat. 11; Pub. L. 88-426, Title III,
Sec. 304(a), Aug. 14, 1964, 78 Stat. 422; Pub. L. 91-67,
Sec. 1, Sept. 15, 1969, 83 Stat. 106; Pub. L. 94-82, Title
II, Sec. 203, Aug. 9, 1975, 89 Stat. 420; Pub. L. 97-257,
Title I, Sec. 105(b), Sept. 10, 1982, 96 Stat. 849; Pub. L.
101-194, Title VII, Sec. 704(a)(2)(A), Nov. 30, 1989, 103
Stat. 1769; Pub. L. 101-509, Title V, Sec. 529 (Title I,
Sec. 101(b)(4)(I)), Nov. 5, 1990, 104 Stat. 1427, 1440; Pub.
L. 103-356, Title I, Sec. 101(2), Oct. 13, 1994, 108 Stat.
3410.)
422 Sec. 111. Expense allowance of Vice President.
There shall be paid to the Vice President in equal
monthly installments an expense allowance of $10,000 per
annum to assist in defraying expenses relating to or
resulting from the discharge of his official duties, for
which no accounting, other than for income tax purposes,
shall be made by him. (Jan. 19, 1949 ch. 2, Sec. 1(c), 63
Stat. 4; Oct. 20, 1951, ch. 521, Sec. 619(b), 65 Stat. 570.)
4 u.s.c.--flag and seal
general and permanent laws relating to the senate
TITLE 4.--FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES
Chapter 4.--THE STATES
425 Sec. 113. Residence of Members of Congress for State income
tax laws.
(a) No State, or political subdivision thereof, in which
a Member of Congress maintains a place of abode for purposes
of attending sessions of Congress may, for purposes of any
income tax (as defined in section 110(c) of this title)
levied by such State or political subdivision thereof--
(1) treat such Member as a resident or
domiciliary of such State or political
subdivision thereof; or
(2) treat any compensation paid by the
United States to such Member as income for
services performed within, or from sources
within, such State or political subdivision
thereof,
unless such Member represents such State or a district in
such State.
(b) For purposes of subsection (a)--
(1) the term ``Member of Congress'' includes
the delegates from the District of Columbia,
Guam, and the Virgin Islands, and the Resident
Commissioner from Puerto Rico; and
(2) the term ``State'' includes the District
of Columbia.
(Dec. 22, 1987, Pub. L. 100-202, Sec. 106, 101 Stat. 1329-
433.)
5 u.s.c.--executive departments
general and permanent laws relating to the senate
TITLE 5.--GOVERNMENT ORGANIZATION AND EMPLOYEES
Chapter 8.--CONGRESSIONAL REVIEW OF AGENCY RULEMAKING
429.1 Sec. 801. Congressional review.
(a)(1)(A) Before a rule can take effect, the Federal
agency promulgating such rule shall submit to each House of
the Congress and the Comptroller General a report
containing--
(i) a copy of the rule;
(ii) a concise general statement relating to
the rule, including whether it is a major rule;
and
(iii) the proposed effective date of the
rule.
(B) On the date of the submission of the report under
subparagraph (A), the Federal agency promulgating the rule
shall submit to the Comptroller General and make available
to each House of Congress--
(i) a complete copy of the cost-benefit
analysis of the rule, if any;
(ii) the agency's actions relevant to
sections 603, 604, 605, 607, and 609;
(iii) the agency's actions relevant to
sections 202, 203, 204, and 205 of the Unfunded
Mandates Reform Act of 1995; and
(iv) any other relevant information or
requirements under any other Act and any
relevant Executive orders.
(C) Upon receipt of a report submitted under
subparagraph (A), each House shall provide copies of the
report to the chairman and ranking member of each standing
committee with jurisdiction under the rules of the House of
Representatives or the Senate to report a bill to amend the
provision of law under which the rule is issued.
(2)(A) The Comptroller General shall provide a report on
each major rule to the committees of jurisdiction in each
House of the Congress by the end of 15 calendar days after
the submission or publication date as provided in section
802(b)(2). The report of the Comptroller General shall
include an assessment of the agency's compliance with
procedural steps required by paragraph (1)(B).
(B) Federal agencies shall cooperate with the
Comptroller General by providing information relevant to the
Comptroller General's report under subparagraph (A).
(3) A major rule relating to a report submitted under
paragraph (1) shall take effect on the latest of--
(A) the later of the date occurring 60 days
after the date on which--
(i) the Congress receives the report
submitted under paragraph (1); or
(ii) the rule is published in the
Federal Register, if so published;
(B) if the Congress passes a joint
resolution of disapproval described in section
802 relating to the rule, and the President
signs a veto of such resolution, the earlier
date--
(i) on which either House of Congress
votes and fails to override the veto of the
President; or
(ii) occurring 30 session days after the
date on which the Congress received the veto
and objections of the President; or
(C) the date of rule would have otherwise
taken effect, if not for this section (unless a
joint resolution of disapproval under section
802 is enacted).
(4) Except for a major rule, a rule shall take effect as
otherwise provided by law after submission to Congress under
paragraph (1).
(5) Notwithstanding paragraph (3), the effective date of
a rule shall not be delayed by operation of this chapter
beyond the date on which either House of Congress votes to
reject a joint resolution of disapproval under section 802.
(b)(1) A rule shall not take effect (or continue), if
the Congress enacts a joint resolution of disapproval,
described under section 802, of the rule.
(2) A rule that does not take effect (or does not
continue) under paragraph (1) may not be reissued in
substantially the same form, and a new rule that is
substantially the same as such a rule may not be issued,
unless the reissued or new rule is specifically authorized
by a law enacted after the date of the joint resolution
disapproving the original rule.
(c)(1) Notwithstanding any other provision of this
section (except subject to paragraph (3)), a rule that would
not take effect by reason of subsection (a)(3) may take
effect, if the President makes a determination under
paragraph (2) and submits written notice of such
determination to the Congress.
(2) Paragraph (1) applies to a determination made by the
President by Executive order that the rule should take
effect because such rule is--
(A) necessary because of an imminent threat
to health or safety or other emergency;
(B) necessary for the enforcement of
criminal laws;
(C) necessary for national security; or
(D) issued pursuant to any statute
implementing an international trade agreement.
(3) An exercise by the President of the authority under
this subsection shall have no effect on the procedures under
section 802 or the effect of a joint resolution of
disapproval under this section.
(d)(1) In addition to the opportunity for review
otherwise provided under this chapter, in the case of any
rule for which a report was submitted in accordance with
subsection (a)(1)(A) during the period beginning on the date
occurring--
(A) in the case of the Senate; 60 session
days, or
(B) in the case of the House of
Representatives; 60 legislative days,
before the date the Congress adjourns a session of Congress
through the date on which the same or succeeding Congress
first convenes its next session, section 802 shall apply to
such rule in the succeeding session of Congress.
(2)(A) In applying section 802 for purposes of such
additional review, a rule described under paragraph (1)
shall be treated as though--
(i) such rule were published in the Federal
Register (as a rule that shall take effect) on--
(I) in the case of the Senate, the 15th
session day, or
(II) in the case of the House of
Representatives, the 15th legislative day,
after the succeeding session of Congress
first convenes; and
(ii) a report on such rule were submitted to
Congress under subsection (a)(1) on such date.
(B) Nothing in this paragraph shall be construed to
affect the requirement under subsection (a)(1) that a report
shall be submitted to Congress before a rule can take
effect.
(3) A rule described under paragraph (1) shall take
effect as otherwise provided by law (including other
subsections of this section).
(e)(1) For purposes of this subsection, section 802
shall also apply to any major rule promulgated between March
1, 1996, and the date of the enactment of this chapter.
(2) In applying section 802 for purposes of
Congressional review, a rule described under paragraph (1)
shall be treated as though--
(A) such rule were published in the Federal
Register on the date of enactment of this
chapter; and
(B) a report on such rule were submitted to
Congress under subsection (a)(1) on such date.
(3) The effectiveness of a rule described under
paragraph (1) shall be as otherwise provided by law, unless
the rule is made of no force or effect under section 802.
(f) Any rule that takes effect and later is made of no
force or effect by enactment of a joint resolution under
section 802 shall be treated as though such rule had never
taken effect.
(g) If the Congress does not enact a joint resolution of
disapproval under section 802 respecting a rule, no court or
agency may infer any intent of the Congress from any action
or inaction of the Congress with regard to such rule,
related statute, or joint resolution of disapproval.
(Added Pub. L. 104-121, Title II, Sec. 251, Mar. 29, 1996,
110 Stat. 868.)
429.2 Sec. 802. Congressional disapproval procedure.
(a) For purposes of this section, the term ``joint
resolution'' means only a joint resolution introduced in the
period beginning on the date on which the report referred to
in section 801(a)(1)(A) is received by Congress and ending
60 days thereafter (excluding days either House of Congress
is adjourned for more than 3 days during a session of
Congress), the matter after the resolving clause of which is
as follows: ``That Congress disapproves the rule submitted
by the __________ relating to __________, and such rule
shall have no force or effect.'' (The blank spaces being
appropriately filled in).
(b)(1) A joint resolution described in subsection (a)
shall be referred to the committees in each House of
Congress with jurisdiction.
(2) For purposes of this section, the term ``submission
or publication date'' means the later of the date on which--
(A) the Congress receives the report
submitted under section 801(a)(1); or
(B) the rule is published in the Federal
Register, if so published.
(c) In the Senate, if the committee to which is referred
a joint resolution described in subsection (a) has not
reported such joint resolution (or an identical joint
resolution) at the end of 20 calendar days after the
submission or publication date defined under subsection
(b)(2), such committee may be discharged from further
consideration of such joint resolution upon a petition
supported in writing by 30 Members of the Senate, and such
joint resolution shall be placed on the calendar.
(d)(1) In the Senate, when the committee to which a
joint resolution is referred has reported, or when a
committee is discharged (under subsection (c)) from further
consideration of a joint resolution described in subsection
(a), it is at any time thereafter in order (even though a
previous motion to the same effect has been disagreed to)
for a motion 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. 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 joint resolution shall remain the unfinished business of
the Senate until disposed of.
(2) In the Senate, debate on the joint resolution, and
on all debatable motions and appeals in connection
therewith, shall be limited to not more than 10 hours, which
shall be divided equally between those favoring and those
opposing the joint resolution. A motion further to limit
debate is in order and not debatable. An amendment to, or a
motion to postpone, or a motion to proceed to the
consideration of other business, or a motion to recommit the
joint resolution is not in order.
(3) In the Senate, immediately following the conclusion
of the debate on a joint resolution described in subsection
(a), and a single quorum call at the conclusion of the
debate if requested in accordance with the rules of the
Senate, the vote on final passage of the joint resolution
shall occur.
(4) Appeals from the decisions of the Chair relating to
the application of the rules of the Senate to the procedure
relating to a joint resolution described in subsection (a)
shall be decided without debate.
(e) In the Senate the procedure specified in subsection
(c) or (d) shall not apply to the consideration of a joint
resolution respecting a rule--
(1) after the expiration of the 60 session
days beginning with the applicable submission or
publication date, or
(2) if the report under section 801(a)(1)(A)
was submitted during the period referred to in
section 801(d)(1), after the expiration of the
60 session days beginning on the 15th session
day after the succeeding session of Congress
first convenes.
(f) If, before the passage by one House of a joint
resolution of that House described in subsection (a), that
House receives from the other House a joint resolution
described in subsection (a), then the following procedures
shall apply:
(1) The joint resolution of the other House
shall not be referred to a committee.
(2) With respect to a joint resolution
described in subsection (a) of the House
receiving the joint resolution--
(A) the procedure in that House shall be
the same as if no joint resolution had been
received from the other House; but
(B) the vote on final passage shall be
on the joint resolution of the other House.
(g) This section is enacted by Congress--
(1) as an exercise of the rulemaking power
of the Senate and House of Representatives,
respectively, and as such it is deemed a part of
the rules of each House, respectively, but
applicable only with respect to the procedure to
be followed in that House in the case of a joint
resolution described in subsection (a), and it
supersedes other rules only to the extent that
it is inconsistent with such rules; and
(2) with full recognition of the
constitutional right of either House to change
the rules (so far as relating to the procedure
of that House) at any time, in the same manner,
and to the same extent as in the case of any
other rule of that House.
(Added Pub. L. 104-121, Title II, Sec. 251, Mar. 29, 1996,
110 Stat. 871.)
429.3 Sec. 803. Special rule on statutory, regulatory, and
judicial deadlines.
(a) In the case of any deadline for, relating to, or
involving any rule which does not take effect (or the
effectiveness of which is terminated) because of enactment
of a joint resolution under section 802, that deadline is
extended until the date 1 year after the date of enactment
of the joint resolution. Nothing in this subsection shall be
construed to affect a deadline merely by reason of the
postponement of a rule's effective date under section
801(a).
(b) The term ``deadline'' means any date certain for
fulfilling any obligation or exercising any authority
established by or under any Federal statute or regulation,
or by or under any court order implementing any Federal
statute or regulation.
(Added Pub. L. 104-121, Title II, Sec. 251, Mar. 29, 1996,
110 Stat. 873.)
429.4 Sec. 804. Definitions.
For purposes of this chapter--
(1) The term ``Federal agency'' means any
agency as that term is defined in section
551(1).
(2) The term ``major rule'' means any rule
that the Administrator of the Office of
Information and Regulatory Affairs of the Office
of Management and Budget finds has resulted in
or is likely to result in--
(A) an annual effect on the economy of
$100,000,000 or more;
(B) a major increase in costs or prices
for consumers, individual industries,
Federal, State, or local government
agencies, or geographic regions; or
(C) significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the ability
of United States-based enterprises to
compete with foreign-based enterprises in
domestic and export markets.
The term does not include any rule promulgated under the
Telecommunications Act of 1996 and the amendments made by
that Act.
(3) The term ``rule'' has the meaning given
such term in section 551, except that such term
does not include--
(A) any rule of particular
applicability, including a rule that
approves or prescribes for the future rates,
wages, prices, services, or allowances
therefor, corporate or financial structures,
reorganizations, mergers, or acquisitions
thereof, or accounting practices or
disclosures bearing on any of the foregoing;
thereof, or accounting practices or
disclosures bearing on any of the foregoing;
(B) any rule relating to agency
management or personnel; or
(C) any rule of agency organization,
procedure, or practice that does not
substantially affect the rights or
obligations of non-agency parties.
(Added Pub. L. 104-121, Title II, Sec. 251, Mar. 29, 1996,
110 Stat. 873.)
429.5 Sec. 805. Judicial review.
No determination, finding, action, or omission under
this chapter shall be subject to judicial review.
(Added Pub. L. 104-121, Title II, Sec. 251, Mar. 29, 1996,
110 Stat. 873.)
429.6 Sec. 806. Applicability; severability.
(a) This chapter shall apply notwithstanding any other
provisions of law.
(b) If any provision of this chapter or the application
of any provision of this chapter to any person or
circumstance, is held invalid, the application of such
provision to other persons or circumstances, and the
remainder of this chapter, shall not be affected thereby.
(Added Pub. L. 104-121, Title II, Sec. 251, Mar. 29, 1996,
110 Stat. 873.)
429.7 Sec. 807. Exemption for monetary policy.
Nothing in this chapter shall apply to rules that
concern monetary policy proposed or implemented by the Board
of Governors of the Federal Reserve System or the Federal
Open Market Committee.
(Added Pub. L. 104-121, Title II, Sec. 251, Mar. 29, 1996,
110 Stat. 874.)
429.8 Sec. 808. Effective date of certain rules.
Notwithstanding section 801--
(1) any rule that establishes, modifies,
opens, closes, or conducts a regulatory program
for a commercial, recreational, or subsistence
activity related to hunting, fishing, or
camping, or
(2) any rule which an agency for good cause
finds (and incorporates the finding and a brief
statement of reasons therefor in the rule
issued) that notice and public procedure thereon
are impracticable, unnecessary, or contrary to
the public interest,
shall take effect at such time as the Federal agency
promulgating the rule determines.
(Added Pub. L. 104-121, Title II, Sec. 251, Mar. 29, 1996,
110 Stat. 874.)
Chapter 29.--COMMISSIONS, OATHS, RECORDS, AND REPORTS
Subchapter I.--Commissions, Oaths, and Records
430 Sec. 2905. Oath; renewal.\1\
\1\ For text of oath to be taken by employees of the
Senate and House of Representatives, see section 3331 of
title 5, United States Code (not included herein).
* * * * * * *
(b) An individual who, on appointment, as an employee of
a House of Congress, subscribed to the oath of office
required by section 3331 of this title is not required to
renew the oath so long as his service as an employee of that
House of Congress is continuous. (Sept. 6, 1966, Pub. L. 89-
554, 80 Stat. 412.)
Subchapter II.--Reports
431 Sec. 2954. Information to committees of Congress on request.
An Executive agency, on request of the Committee on
Government Operations of the House of Representatives, or of
any seven members thereof, or on request of the Committee on
Governmental Affairs of the Senate, or any five members
thereof, shall submit any information requested of it
relating to any matter within the jurisdiction of the
committee. (Sept. 6, 1966, Pub. L. 89-554, 80 Stat. 413;
Nov. 2, 1994, Pub. L. 103-437, Sec. 3(b), 108 Stat. 4581.)
Chapter 31.--AUTHORITY FOR EMPLOYMENT
431.1 Sec. 3110. Employment of relatives; restrictions.
(a) For the purpose of this section--
(1) ``agency'' means--
(A) an Executive agency;
(B) an office, agency, or other
establishment in the legislative branch;
(C) an office, agency, or other
establishment in the judicial branch; and
(D) the government of the District of
Columbia;
(2) ``public official'' means an officer
(including the President and a Member of
Congress), a member of the uniformed service,
and employee and any other individual, in whom
is vested the authority by law, rule, or
regulation, or to whom the authority has been
delegated, to appoint, employ, promote, or
advance individuals, or to recommend individuals
for appointment, employment, promotion, or
advancement, in connection with employment in an
agency; and
(3) ``relative'' means, with respect to a
public official, an individual who is related to
the public official as father, mother, son,
daughter, brother, sister, uncle, aunt, first
cousin, nephew, niece, husband, wife, father-in-
law, mother-in-law, son-in-law, daughter-in-law,
brother-in-law, sister-in-law, stepfather,
stepmother, stepson, stepdaughter, stepbrother,
stepsister, half brother, or half sister.
(b) A public official may not appoint, employ, promote,
advance, or advocate for appointment, employment, promotion,
or advancement, in or to a civilian position in the agency
in which he is serving or over which he exercises
jurisdiction or control any individual who is a relative of
the public official. An individual may not be appointed,
employed, promoted, or advanced in or to a civilian position
in an agency if such appointment, employment, promotion, or
advancement has been advocated by a public official, serving
in or exercising jurisdiction or control over the agency,
who is a relative of the individual.
(c) An individual appointed, employed, promoted, or
advanced in violation of this section is not entitled to
pay, and money may not be paid from the Treasury as pay to
an individual so appointed, employed, promoted, or advanced.
(d) The Office of Personnel Management may prescribe
regulations authorizing the temporary employment, in the
event of emergencies resulting from natural disasters or
similar unforeseen events or circumstances, of individuals
whose employment would otherwise be prohibited by this
section.
(e) This section shall not be construed to prohibit the
appointment of an individual who is a preference eligible in
any case in which the passing over of that individual on a
certificate of eligibles furnished under section 3317(a) of
this title will result in the selection for appointment of
an individual who is not a preference eligible. (Dec. 16,
1967, Pub. L. 90-206, Sec. 221(a), 81 Stat. 640; Oct. 13,
1978, Pub. L. 95-454, Sec. 906(a)(2), 92 Stat. 1224.)
Chapter 33.--EXAMINATION, SELECTION, AND PLACEMENT
Subchapter II.--Oath of Office
432 Sec. 3333. Employee affidavit; loyalty and striking against
the Government.
(a) Except as provided by subsection (b) of this
section, an individual who accepts office or employment in
the Government of the United States or in the government of
the District of Columbia shall execute an affidavit within
60 days after accepting the office or employment that his
acceptance and holding of the office or employment does not
or will not violate section 7311 of this title. The
affidavit is prima facie evidence that the acceptance and
holding of office or employment by the affiant does not or
will not violate section 7311 of this title.
(b) An affidavit is not required from an individual
employed by the Government of the United States or the
government of the District of Columbia for less than 60 days
for sudden emergency work involving the loss of human life
or the destruction of property. This subsection does not
relieve an individual from liability for violation of
section 7311 of this title. (Sept. 6, 1966, Pub. L. 89-554,
80 Stat. 424.)
Chapter 55.--PAY ADMINISTRATION
Subchapter I.--General Provisions
433 Sec. 5503. Recess appointments.\1\
(a) Payment for services may not be made from the
Treasury of the United States to an individual appointed
during a recess of the Senate to fill a vacancy in an
existing office, if the vacancy existed while the Senate was
in session and was by law required to be filled by and with
the advice and consent of the Senate, until the appointee
has been confirmed by the Senate. This subsection does not
apply--
\1\ For proceedings on nominations see rule XXXI of the
Standing Rules of the Senate (Senate Manual section 31).
(1) if the vacancy arose within 30 days
before the end of the session of the Senate;
(2) if, at the end of the session, a
nomination for the office, other than the
nomination of an individual appointed during the
preceding recess of the Senate, was pending
before the Senate for its advice and consent; or
(3) if a nomination for the office was
rejected by the Senate within 30 days before the
end of the session and an individual other than
the one whose nomination was rejected thereafter
receives a recess appointment.
(b) A nomination to fill a vacancy referred to by
paragraph (1), (2), or (3) of subsection (a) of this section
shall be submitted to the Senate not later than 40 days
after the beginning of the next session of the Senate.
(Sept. 6, 1966, Pub. L. 89-554, 80 Stat. 475.)
Subchapter IV.--Dual Pay and Dual Employment
433.1 Sec. 5531. Definitions.
For the purpose of sections 5532 and 5533 of this
title--
(1) ``member'' has the meaning given such term by
section 101(23) of title 37;
(2) ``position'' means a civilian office or position
(including a temporary, part-time, or intermittent
position), appointive or elective, in the legislative,
executive, or judicial branch of the Government of the
United States (including a Government corporation and a
nonappropriated fund instrumentality under the jurisdiction
of the armed forces) or in the government of the District of
Columbia;
(3) ``retired or retainer pay'' means retired pay, as
defined in section 8311(3) of this title, determined without
regard to subparagraphs (B) through (D) of such section
8311(3); except that such term does not include an annuity
payable to an eligible beneficiary of a member or former
member of a uniformed service under chapter 73 of title 10;
(4) ``agency in the legislative branch'' means the
General Accounting Office, the Government Printing Office,
the Library of Congress, the Office of Technology
Assessment, the Office of the Architect of the Capitol, the
United States Botanic Garden, and the Congressional Budget
Office;
(5) ``employee of the House of Representatives'' means a
congressional employee whose pay is disbursed by the Chief
Administrative Officer of the House of Representatives;
(6) ``employee of the Senate'' means a congressional
employee whose pay is disbursed by the Secretary of the
Senate; and
(7) ``congressional employee'' has the meaning given
that term by section 2107 of this title, excluding an
employee of an agency in the legislative branch. (Dec. 5,
1991; Pub. L. 102-290; 105 Stat. 1391; Pub. L. 104-186,
Title II, Sec. 215(6), Aug. 20, 1996, 110 Stat. 1745.)
433.2 Sec. 5532. Repealed. Pub. L. 106-65, Title VI,
Sec. 651(a)(1), Oct. 5, 1999, 113 Stat. 664.
* * * * * * *
433.3 Sec. 5533. Dual pay from more than one position;
limitations; exceptions.
* * * * * * *
(c)(1) Unless otherwise authorized by law and except as
otherwise provided by paragraph (2) or (4) of this
subsection, appropriated funds are not available for payment
to an individual of pay from more than one position if the
pay of one of the positions is paid by the Secretary of the
Senate or the Chief Administrative Officer of the House of
Representatives, or one of the positions is under the Office
of the Architect of the Capitol, and if the aggregate gross
pay from the positions exceeds $7,724 a year ($10,540,\1\ in
the case of pay disbursed by the Secretary of the Senate).
\1\ Effective January 1, 2000, for individuals whose pay
is disbursed by the Secretary of the Senate, the figure
is ``$25,362''. (Dec. 18, 1998, Order of the President
pro tempore, pursuant to Act Jan. 8, 1971, Pub. L. 91-
656, Sec. 4, 84 Stat. 1952.)
(2) Notwithstanding paragraph (1) of this subsection,
appropriated funds are not available for payment to an
individual of pay from more than one position, for each of
which the pay is disbursed by the Chief Administrative
Officer of the House of Representatives, if the aggregate
gross pay from those positions exceeds the maximum per annum
gross rate of pay authorized to be paid to an employee out
of the clerk hire allowance of a Member of the House.
(3) For the purposes of this subsection, ``gross pay''
means the annual rate of pay (or equivalent thereof in the
case of an individual paid on other than an annual basis)
received by an individual.
(4) Paragraph (1) of this subsection does not apply to
pay on a when-actually-employed basis received from more
than one consultant or expert position if the pay is not
received for the same day. (Sept. 6, 1966, Pub. L. 89-554,
80 Stat. 483; July 28, 1967, Pub. L. 90-57, Sec. 105(h), 81
Stat. 143; Dec. 16, 1967, Pub. L. 90-206, Sec. 214(o), 81
Stat. 637; June 12, 1968, Order of President pro tempore,
Cong. Rec. Vol. 114, p. S7074 (June 12, 1968, daily ed.),
pursuant to Act Dec. 16, 1967, Pub. L. 90-206, Sec. 214(o),
81 Stat. 637; Oct. 26, 1970, Pub. L. 91-510, Sec. 477, 84
Stat. 1195; Nov. 1, 1973, Pub. L. 93-145, Sec. 101, 87 Stat.
532; Oct. 1, 1976, Pub. L. 94-440, Sec. 103, 90 Stat. 1443;
Pub. L. 95-454, Title IX, Sec. 906(a)(2), Oct. 13, 1978, 92
Stat. 1224; Pub. L. 96-70, Title III, Sec. 3302(e)(8), Sept.
27, 1979, 93 Stat. 498; Pub. L. 104-186, Title II,
Sec. 215(7), Aug. 20, 1996, 110 Stat. 1745.)
Chapter 57.--TRAVEL, TRANSPORTATION, AND SUBSISTENCE
433.4 Sec. 5702. Per diem; employees traveling on official
business.
(a)(1) Under regulations prescribed pursuant to section
5707 of this title, an employee when traveling on official
business away from the employee's designated post of duty,
or away from the employee's home or regular place of
business (if the employee is described in section 5703 of
this title), is entitled to any one of the following:
(A) a per diem allowance at a rate not to
exceed that established by the Administrator of
General Services for travel within the
continental United States, and by the President
or his designee for travel outside the
continental United States;
(B) reimbursement for the actual and
necessary expenses of official travel not to
exceed an amount established by the
Administrator for travel within the continental
United States or an amount established by the
President or his designee for travel outside the
continental United States; or
(C) a combination of payments described in
subparagraphs (A) and (B) of this paragraph.
(2) Any per diem allowance or maximum amount of
reimbursement shall be established to the extent feasible,
by locality.
(3) For travel consuming less than a full day, the
payment prescribed by regulation shall be allocated in such
manner as the Administrator may prescribe.
(b)(1) Under regulations prescribed under section 5707
of this title, an employee who is described in subsection
(a) of this section and who abandons the travel assignment
prior to its completion--
(A) because of an incapacitating illness or
injury which is not due to the employee's own
misconduct is entitled to reimbursement for
expenses of transportation to the employee's
designated post of duty, or home or regular
place of business, as the case may be, and to
payments pursuant to subsection (a) of this
section until that location is reached; or
(B) because of a personal emergency
situation (such as serious illness, injury, or
death of a member of the employee's family, or
an emergency situation such as fire, flood, or
act of God), may be allowed, with the approval
of an appropriate official of the agency
concerned, reimbursement for expenses of
transportation to the employee's designated post
of duty, or home or regular place of business,
as the case may be, and payments pursuant to
subsection (a) of this section until that
location is reached.
(2)(A) Under regulations prescribed pursuant to section
5707 of this title, an employee who is described in
subsection (a) of this section and who, with the approval of
an appropriate official of the agency concerned, interrupts
the travel assignment prior to its completion for a reason
specified in subparagraph (A) or (B) of paragraph (1) of
this subsection, may be allowed (subject to the limitation
provided in subparagraph (B) of this paragraph)--
(i) reimbursement for expenses of
transportation to the location where necessary
medical services are provided or the emergency
situation exists,
(ii) payments pursuant to subsection (a) of
this section until that location is reached, and
(iii) such reimbursement and payments for
return to such assignment.
(B) The reimbursement which an employee may be allowed
pursuant to subparagraph (A) of this paragraph shall be the
employee's actual costs of transportation to the location
where necessary medical services are provided or the
emergency exists, and return to assignment from such
location, less the costs of transportation which the
employee would have incurred had such travel begun and ended
at the employee's designated post of duty or home or regular
place of business, as the case may be. The payments which an
employee may be allowed pursuant to subparagraph (A) of this
paragraph shall be based on the additional time (if any)
which was required for the employee's transportation as a
consequence of the transportation's having begun and ended
at a location on the travel assignment (rather than at the
employee's designated post of duty, or home or regular place
of business, as the case may be).
(3) Subject to the limitations contained in regulations
prescribed pursuant to section 5707 of this title, an
employee who is described in subsection (a) of this section
and who interrupts the travel assignment prior to its
completion because of an incapacitating illness or injury
which is not due to the employee's own misconduct is
entitled to payments pursuant to subsection (a) of this
section at the location where the interruption occurred.
(c) This section does not apply to a justice or judge,
except to the extent provided by section 456 of title 28.
(Sept. 6, 1966, Pub. L. 89-554, 80 Stat. 498; Nov. 10, 1969,
Pub. L. 91-114, Sec. 1, 83 Stat. 190; May 19, 1975, Pub. L.
94-22, Sec. 3, 89 Stat. 84; Aug. 14, 1979, Pub. L. 96-54,
Sec. 2(a)(36), 93 Stat. 383; Sept. 10, 1980, Pub. L. 96-346,
Sec. 1, 94 Stat. 1148; Pub. L. 99-234, Sec. 102, Jan. 2,
1986, 99 Stat. 1756; Pub. L. 102-378, Sec. 2(47), Oct. 2,
1992, 106 Stat. 1353.)
433.5 Sec. 5704. Mileage and related allowances.
(a)(1) Under regulations prescribed under section 5707
of this title, an employee who is engaged on official
business for the Government is entitled to a rate per mile
established by the Administrator of General Services,
instead of the actual expenses of transportation, for the
use of a privately owned automobile when that mode of
transportation is authorized or approved as more
advantageous to the Government. In any year in which the
Internal Revenue Service establishes a single standard
mileage rate for optional use by taxpayers in computing the
deductible costs of operating their automobiles for business
purposes, the rate per mile established by the Administrator
shall not exceed the single standard mileage rate
established by the Internal Revenue Service.
(2) Under regulations prescribed under section 5707 of
this title, an employee who is engaged on official business
for the Government is entitled to a rate per mile
established by the Administrator of General Services,
instead of the actual expenses of transportation, for the
use of privately owned airplane or a privately owned
motorcycle when that mode of transportation is authorized or
approved as more advantageous to the Government.
(b) A determination that travel by a privately owned
vehicle is more advantageous to the Government is not
required under subsection (a) of this section when payment
on a mileage basis is limited to the cost of travel by
common carrier including per diem.
(c) Notwithstanding the provisions of subsections (a)
and (b) of this section, in any case in which an employee
who is engaged on official business for the Government
chooses to use a privately owned vehicle in lieu of a
Government vehicle, payment on a mileage basis is limited to
the cost of travel by a Government vehicle.
(d) In addition to the rate per mile authorized under
subsection (a) of this section, the employee may be
reimbursed for--
(1) parking fees;
(2) ferry fees;
(3) bridge, road, and tunnel costs; and
(4) airplane landing and tie-down fees.
(Sept. 6, 1966, Pub. L. 89-554, 80 Stat. 499; May 19, 1975,
Pub. L. 94-22, Sec. 5, 89 Stat. 85; Sept. 10, 1980, Pub. L.
96-346, Sec. 2, 94 Stat. 1148; Sept. 30, 1994, Pub. L. 103-
329, Title VI, Sec. 634(a), 108 Stat. 2428.)
433.6 Sec. 5706. Allowable travel expenses.
Except as otherwise permitted by this subchapter or by
statutes relating to members of the uniformed services, only
actual and necessary travel expenses may be allowed to an
individual holding employment or appointment under the
United States. (Sept. 6, 1966, Pub. L. 89-554, 80 Stat.
500.)
433.7 Sec. 5708. Effect on other statutes.
This subchapter does not modify or repeal--
* * * * * * *
(2) any statute providing for mileage
allowances for Members of Congress;
(3) any statute fixing or permitting
rates higher than the maximum rates
established under this subchapter; or
(4) any appropriation statute item for
examination of estimates in the field.
(Sept. 6, 1966, Pub. L. 89-554, 80 Stat.
500.)
433.8 Sec. 5742. Transportation of remains, dependents, and
effects; death occurring away from official station or
abroad.
(a) For the purpose of this section, ``agency'' means--
* * * * * * *
(3) an agency in the legislative branch; and
. . . .
(b) When an employee dies, the head of the agency
concerned, under the regulations prescribed by the President
and, except as otherwise provided by law, may pay from
appropriations available for the activity in which the
employee was engaged--
(1) the expense of preparing and
transporting the remains to the home or official
station of the employee, or such other place
appropriate for interment as is determined by
the head of the agency concerned, if death
occurred while the employee was in a travel
status away from his official station in the
United States or while performing official
duties outside the United States or in transit
thereto or therefrom; and
(2) the expense of transporting his
dependents, including expenses of packing,
crating, draying, and transporting household
effects and other personal property to his
former home or such other place as is determined
by the head of the agency concerned, if death
occurred while the employee was performing
official duties outside the United States or in
transit thereto or therefrom. (Sept. 6, 1966,
Pub. L. 89-554, 80 Stat. 507.)
Chapter 73.--SUITABILITY, SECURITY, AND CONDUCT
Subchapter II.--Employment Limitations
434 Sec. 7311. Loyalty and striking.
An individual may not accept or hold a position in the
Government of the United States or the government of the
District of Columbia if he--
(1) advocates the overthrow of our
constitutional form of government;
(2) is a member of an organization that he
knows advocates the overthrow of our
constitutional form of government;
(3) participates in a strike, or asserts the
right to strike, against the Government of the
United States or the government of the District
of Columbia; or
(4) is a member of an organization of
employees of the Government of the United States
or of individuals employed by the government of
the District of Columbia that he knows asserts
the right to strike against the Government of
the United States or the government of the
District of Columbia. (Sept. 6, 1966, Pub. L.
89-554, 80 Stat. 524.)
Subchapter IV.--Foreign Gifts and Decorations
434.5 Sec. 7342. Receipt and disposition of foreign gifts and
decorations.
(a) For the purpose of this section--
(1) ``employee'' means--
(A) an employee as defined by section
2105 of this title and an officer or
employee of the United States Postal Service
or of the Postal Rate Commission;
(B) an expert or consultant who is under
contract under section 3109 of this title
with the United States or any agency,
department, or establishment thereof,
including, in the case of an organization
performing services under such section, any
individual involved in the performance of
such services;
(C) an individual employed by, or
occupying an office or position in, the
government of a territory or possession of
the United States or the government of the
District of Columbia;
(D) a member of a uniformed service;
(E) the President and the Vice
President;
(F) a Member of Congress as defined by
section 2106 of this title (except the Vice
President) and any Delegate to the Congress;
and
(G) the spouse of an individual
described in subparagraphs (A) through (F)
(unless such individual and his or her
spouse are separated) or a dependent (within
the meaning of section 152 of the Internal
Revenue Code of 1986) of such an individual,
other than a spouse or dependent who is an
employee under subparagraphs (A) through
(F);
(2) ``foreign government'' means--
(A) any unit of foreign governmental
authority, including any foreign national,
State, local, and municipal government;
(B) any international or multinational
organization whose membership is composed of
any unit of foreign government described in
subparagraph (A); and
(C) any agent or representative of any
such unit or such organization, while acting
as such;
(3) ``gift'' means a tangible or intangible
present (other than a decoration) tendered by,
or received from, a foreign government;
(4) ``decoration'' means an order, device,
medal, badge, insignia, emblem, or award
tendered by, or received from, a foreign
government;
(5) ``minimal value'' means a retail value
in the United States at the time of acceptance
of $100 or less, except that--
(A) on January 1, 1981, and at 3-year
intervals thereafter, ``minimal value''
shall be redefined in regulations prescribed
by the Administrator of General Services, in
consultation with the Secretary of State, to
reflect changes in the consumer price index
for the immediately preceding 3-year period;
and
(B) regulations of an employing agency
may define ``minimal value'' for its
employees to be less than the value
established under this paragraph; and
(6) ``employing agency'' means--
(A) the Committee on Standards of
Official Conduct of the House of
Representatives, for Members and employees
of the House of Representatives, except that
those responsibilities specified in
subsections (c)(2)(A), (e)(1), and (g)(2)(B)
shall be carried out by the Clerk of the
House;
(B) the Select Committee on Ethics of
the Senate, for Senators and employees of
the Senate, except that those
responsibilities (other than
responsibilities involving approval of the
employing agency) specified in subsections
(c)(2), (d), and (g)(2)(B) shall be carried
out by the Secretary of the Senate;
(C) the Administrative Office of the
United States Courts, for judges and
judicial branch employees; and
(D) the department, agency, office, or
other entity in which an employee is
employed, for other legislative branch
employees and for all executive branch
employees.
(b) An employee may not--
(1) request or otherwise encourage the
tender of a gift or decoration; or
(2) accept a gift or decoration, other than
in accordance with the provisions of subsections
(c) and (d).
(c)(1) The Congress consents to--
(A) the accepting and retaining by an
employee of a gift of minimal value tendered and
received as a souvenir or mark of courtesy; and
(B) the accepting by an employee of a gift
of more than minimal value when such gift is in
the nature of an educational scholarship or
medical treatment or when it appears that to
refuse the gift would likely cause offense or
embarrassment or otherwise adversely affect the
foreign relations of the United States, except
that--
(i) a tangible gift of more than minimal
value is deemed to have been accepted on
behalf of the United States and, upon
acceptance, shall become the property of the
United States; and
(ii) an employee may accept gifts of
travel or expenses for travel taking place
entirely outside the United States (such as
transportation, food, and lodging) of more
than minimal value if such acceptance is
appropriate, consistent with the interests
of the United States, and permitted by the
employing agency and any regulations which
may be prescribed by the employing agency.
(2) Within 60 days after accepting a tangible gift of
more than minimal value (other than a gift described in
paragraph (1)(B)(ii)), an employee shall--
(A) deposit the gift for disposal with his
or her employing agency; or
(B) subject to the approval of the employing
agency, deposit the gift with that agency for
official use.
Within 30 days after terminating the official use of a gift
under subparagraph (B), the employing agency shall forward
the gift to the Administrator of General Services in
accordance with subsection (e)(1) or provide for its
disposal in accordance with subsection (e)(2).
(3) When an employee deposits a gift of more than
minimal value for disposal or for official use pursuant to
paragraph (2), or within 30 days after accepting travel or
travel expenses as provided in paragraph (1)(B)(ii) unless
such travel or travel expenses are accepted in accordance
with specific instructions of his or her employing agency,
the employee shall file a statement with his or her
employing agency or its delegate containing the information
prescribed in subsection (f) for that gift.
(d) The Congress consents to the accepting, retaining,
and wearing by an employee of a decoration tendered in
recognition of active field service in time of combat
operations or awarded for other outstanding or unusually
meritorious performance, subject to the approval of the
employing agency of such employee. Without this approval,
the decoration is deemed to have been accepted on behalf of
the United States, shall become the property of the United
States, and shall be deposited by the employee, within sixty
days of acceptance, with the employing agency for official
use, for forwarding to the Administrator of General Services
for disposal in accordance with subsection (e)(1), or for
disposal in accordance with subsection (e)(2).
(e)(1) Except as provided in paragraph (2), gifts and
decorations that have been deposited with an employing
agency for disposal shall be (A) returned to the donor, or
(B) forwarded to the Administrator of General Services for
transfer, donation, or other disposal in accordance with the
provisions of the Federal Property and Administrative
Services Act of 1949. However, no gift or decoration that
has been deposited for disposal may be sold without the
approval of the Secretary of State, upon a determination
that the sale will not adversely affect the foreign
relations of the United States. Gifts and decorations may be
sold by negotiated sale.
(2) Gifts and decorations received by a Senator or an
employee of the Senate that are deposited with the Secretary
of the Senate for disposal, or are deposited for an official
use which has terminated, shall be disposed of by the
Commission on Arts and Antiquities of the United States
Senate. Any such gift or decoration may be returned by the
Commission to the donor or may be transferred or donated by
the Commission, subject to such terms and conditions as it
may prescribe, (A) to an agency or instrumentality of (i)
the United States, (ii) a State, territory, or possession of
the United States, or a political subdivision of the
foregoing, or (iii) the District of Columbia, or (B) to an
organization described in section 501(c)(3) of the Internal
Revenue Code of 1986 which is exempt from taxation under
section 501(a) of such Code. Any such gift or decoration not
disposed of as provided in the preceding sentence shall be
forwarded to the Administrator of General Services for
disposal in accordance with paragraph (1). If the
Administrator does not dispose of such gift or decoration
within one year, he shall, at the request of the Commission,
return it to the Commission and the Commission may dispose
of such gift or decoration in such manner as it considers
proper, except that such gift or decoration may be sold only
with the approval of the Secretary of State upon a
determination that the sale will not adversely affect the
foreign relations of the United States.
(f)(1) Not later than January 31 of each year, each
employing agency or its delegate shall compile a listing of
all statements filed during the preceding year by the
employees of that agency pursuant to subsection (c)(3) and
shall transmit such listing to the Secretary of State who
shall publish a comprehensive listing of all such statements
in the Federal Register.
(2) Such listings shall include for each tangible gift
reported--
(A) the name and position of the employee;
(B) a brief description of the gift and the
circumstances justifying acceptance;
(C) the identity, if known, of the foreign
government and the name and position of the
individual who presented the gift;
(D) the date of acceptance of the gift;
(E) the estimated value in the United States
of the gift at the time of acceptance; and
(F) disposition or current location of the
gift.
(3) Such listings shall include for each gift of travel
or travel expenses--
(A) the name and position of the employee;
(B) a brief description of the gift and the
circumstances justifying acceptance; and
(C) the identity, if known, of the foreign
government and the name and position of the
individual who presented the gift.
(4) In transmitting such listings for the Central
Intelligence Agency, the Director of Central Intelligence
may delete the information described in subparagraphs (A)
and (C) of paragraphs (2) and (3) if the Director certifies
in writing to the Secretary of State that the publication of
such information could adversely affect United States
intelligence sources.
(g)(1) Each employing agency shall prescribe such
regulations as may be necessary to carry out the purpose of
this section. For all employing agencies in the executive
branch, such regulations shall be prescribed pursuant to
guidance provided by the Secretary of State. These
regulations shall be implemented by each employing agency
for its employees.
(2) Each employing agency shall--
(A) report to the Attorney General cases in
which there is reason to believe that an
employee has violated this section;
(B) establish a procedure for obtaining an
appraisal; when necessary, of the value of
gifts; and
(C) take any other actions necessary to
carry out the purpose of this section.
(h) The Attorney General may bring a civil action in any
district court of the United States against any employee who
knowingly solicits or accepts a gift from a foreign
government not consented to by this section or who fails to
deposit or report such gift as required by this section. The
court in which such action is brought may assess a penalty
against such employee in any amount not to exceed the retail
value of the gift improperly solicited or received plus
$5,000.
(i) The President shall direct all Chiefs of a United
States Diplomatic Mission to inform their host governments
that it is a general policy of the United States Government
to prohibit United States Government employees from
receiving gifts or decorations of more than minimal value.
(j) Nothing in this section shall be construed to
derogate any regulation prescribed by any employing agency
which provides for more stringent limitations on the receipt
of gifts and decorations by its employees.
(k) The provisions of this section do not apply to
grants and other forms of assistance to which section 108A
of the Mutual Educational and Cultural Exchange Act of 1961
applies. (Sept. 11, 1967, Pub. L. 90-83, Sec. 1(45)(C), 81
Stat. 208; Aug. 17, 1977, Pub. L. 95-105, Sec. 515, 91 Stat.
862; Oct. 7, 1978, Pub. L. 95-426, Sec. 712(a)-(c), 92 Stat.
994; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)
Chapter 81.--COMPENSATION FOR WORK INJURIES
434.6 Sec. Sec. 8101--8162.
Note.--Since it is not feasible to reproduce in the
Senate Manual all the pertinent provisions of law relating
to compensation for work injuries sustained by employees of
the Congress, reference only is made here to those
provisions. See sections 8101 of title 5, United States
Code.
Chapters 83 and 84.--RETIREMENT
435 Sec. Sec. 8331-8351, Sec. Sec. 8041-8479, and sections 201-
208 of the Federal Employees' Retirement Contribution
Temporary Adjustment Act of 1983.
Note.--Since it is not feasible to reproduce in the
Senate Manual all the pertinent provisions of law relating
to retirement benefits of Members and employees of Congress,
reference only is made here to those provisions. See
subchapter III of chapter 83 of title 5, United States Code,
and chapter 84 of such title (as added by the Federal
Employees' Retirement System Act of 1986; Pub. L. 99-335,
100 Stat. 514).
Chapter 87.--LIFE INSURANCE
436 Sec. Sec. 8701-8716.
Note.--Since it is not feasible to reproduce in the
Senate Manual all the pertinent provisions of law relating
to group life insurance for Members and employees of
Congress, reference only is made here to those provisions.
See sections 8701-8716 of title 5, United States Code.
Chapter 89.--HEALTH INSURANCE
437 Sec. Sec. 8901-8914.
Note.--Since it is not feasible to reproduce in the
Senate Manual all the pertinent provisions of law relating
to health benefits of Members and employees of Congress,
reference only is made here to those provisions. See
sections 8901-8914 of title 5, United States Code.
APPENDIX 2
438 Federal Advisory Committee Act
(Oct. 6, 1972, Pub. L. 92-463, 86 Stat. 770; Sept. 13, 1976,
Pub. L. 94-409, Sec. 5(c), 90 Stat. 1247; Dec. 12, 1980,
Pub. L. 96-523, Sec. 2, 94 Stat. 3040; Dec. 21, 1982, Pub.
L. 97-375, Sec. 201(c), 96 Stat. 1822; 1977 Reorg. Plan No.
1, Sec. 5F, Nov. 20, 1977, 42 F.R. 56101, 91 Stat. 1634).
definitions
Sec. 3. For the purpose of this Act--
(1) The term ``Administrator'' means the
Administrator of General Services.
(2) The term ``advisory committee'' means
any committee, board, commission, council,
conference, panel, task force, or other similar
group, or any subcommittee or other subgroup
thereof (hereafter in this paragraph referred to
as ``committee''), which is--
(A) established by statute or
reorganization plan, or
(B) established or utilized by the
President, or
(C) established or utilized by one or
more agencies,
in the interest of obtaining advice or
recommendations for the President or one or more
agencies or officers of the Federal Government,
except that such term excludes (i) any committee
that is composed wholly of full-time, or permanent
part-time, officers or employees of the Federal
Government, and (ii) any committee that is created
by the National Academy of Sciences or the National
Academy of Public Administration.
(3) The term ``agency'' has the same meaning
as in section 551(1) of title 5, United States
Code.
(4) The term ``Presidential advisory
committee'' means an advisory committee which
advises the President.
applicability
Sec. 4. (a) The provisions of this Act or of any rule,
order, or regulation promulgated under this Act shall apply
to each advisory committee except to the extent that any Act
of Congress establishing any such advisory committee
specifically provides otherwise.
(b) Nothing in this Act shall be construed to apply to
any advisory committee established or utilized by--
(1) the Central Intelligence Agency; or
(2) the Federal Reserve System.
(c) Nothing in this Act shall be construed to apply to
any local civic group whose primary function is that of
rendering a public service with respect to a Federal
program, or any State or local committee, council, board,
commission, or similar group established to advise or make
recommendations to State or local officials or agencies.
responsibilities of congressional committees
Sec. 5. (a) In the exercise of its legislative review
functions, each standing committee of the Senate and the
House of Representatives shall make a continuing review of
the activities of each advisory committee under its
jurisdiction to determine whether such advisory committee
should be abolished or merged with any other advisory
committee, whether the responsibilities of such advisory
committee should be revised, and whether such advisory
committee performs a necessary function not already being
performed. Each such standing committee shall take
appropriate action to obtain the enactment of legislation
necessary to carry out the purpose of this subsection.
(b) In considering legislation establishing, or
authorizing the establishment of any advisory committee,
each standing committee of the Senate and of the House of
Representatives shall determine, and report such
determination to the Senate or to the House of
Representatives, as the case may be, whether the functions
of the proposed advisory committee are being or could be
performed by one or more agencies or by an advisory
committee already in existence, or by enlarging the mandate
of an existing advisory committee. Any such legislation
shall--
(1) contain a clearly defined purpose for
the advisory committee;
(2) require the membership of the advisory
committee to be fairly balanced in terms of the
points of view represented and the functions to
be performed by the advisory committee;
(3) contain appropriate provisions to assure
that the advice and recommendations of the
advisory committee will not be inappropriately
influenced by the appointing authority or by any
special interest, but will instead be the result
of the advisory committee's independent
judgement;
(4) contain provisions dealing with
authorization of appropriations, the date for
submission of reports (if any), the duration of
the advisory committee, and the publication of
reports and other materials, to the extent that
the standing committee determines the provisions
of section 10 of this Act to be inadequate; and
(5) contain provisions which will assure
that the advisory committee will have adequate
staff (either supplied by an agency or employed
by it), will be provided adequate quarters, and
will have funds available to meet its other
necessary expenses.
(c) To the extent they are applicable, the guidelines
set out in subsection (b) of this section shall be followed
by the President, agency heads, or other Federal officials
in creating an advisory committee.
* * * * * * *
establishment and purpose of advisory committees
Sec. 9. (a) No advisory committee shall be established
unless such establishment is--
(1) specifically authorized by statute or by
the President; or
(2) determined as a matter of formal record,
by the head of the agency involved after
consultation with the Administrator, with timely
notice published in the Federal Register, to be
in the public interest in connection with the
performance of duties imposed on that agency by
law.
(b) Unless otherwise specifically provided by statute or
Presidential directive, advisory committees shall be
utilized solely for advisory functions. Determinations of
action to be taken and policy to be expressed with respect
to matters upon which an advisory committee reports or makes
recommendations shall be made solely by the President or an
officer of the Federal Government.
(c) No advisory committee shall meet or take any action
until an advisory committee charter has been filed with (1)
the Administrator, in the case of Presidential advisory
committees, or (2) with the head of the agency to whom any
advisory committee reports and with the standing committees
of the Senate and of the House of Representatives having
legislative jurisdiction of such agency. Such charter shall
contain the following information:
(A) the committee's official designation;
(B) the committee's objectives and the scope
of its activity;
(C) the period of time necessary for the
committee to carry out its purposes;
(D) the agency or official to whom the
committee reports;
(E) the agency responsible for providing the
necessary support for the committee;
(F) a description of the duties for which
the committee is responsible, and, if such
duties are not solely advisory, a specification
of the authority for such functions;
(G) the estimated annual operating costs in
dollars and man-years for such committee;
(H) the estimated number and frequency of
committee meetings;
(I) the committee's termination date, if
less than two years from the date of the
committee's establishment; and
(J) the date the charter is filed.
A copy of any such charter shall also be furnished to the
Library of Congress.
* * * * * * *
(Oct. 6, 1972, Pub. L. 92-463, 86 Stat. 770; 1997 Reorg.
Plan No. 1 Sec. 5F; 91 Stat. 1634.)
APPENDIX 4
439 Financial Disclosure Requirements of Federal Personnel
439.1 Sec. 101. Persons required to file.
(a) Within thirty days of assuming the position of an
officer or employee described in subsection (f), an
individual shall file a report containing the information
described in section 102(b) unless the individual has left
another position described in subsection (f) within thirty
days prior to assuming such new position or has already
filed a report under this title with respect to nomination
for the new position or as a candidate for the position.
(b)(1) Within five days of the transmittal by the
President to the Senate of the nomination of an individual
(other than an individual nominated for appointment to a
position as a Foreign Service Officer or a grade or rank in
the uniformed services for which the pay grade prescribed by
section 201 of title 37, United States Code, is O-6 or
below) to a position, appointment to which requires the
advice and consent of the Senate, such individual shall file
a report containing the information described in section
102(b). Such individual shall, not later than the date of
the first hearing to consider the nomination of such
individual, make current the report filed pursuant to this
paragraph by filing the information required by section
102(a)(1)(A) with respect to income and honoraria received
as of the date which occurs five days before the date of
such hearing. Nothing in this Act shall prevent any
congressional committee from requesting, as a condition of
confirmation, any additional financial information from any
Presidential nominee whose nomination has been referred to
that committee.
(2) An individual whom the President or the President-
elect has publicly announced he intends to nominate to a
position may file the report required by paragraph (1) at
any time after that public announcement, but not later than
is required under the first sentence of such paragraph.
(c) Within thirty days of becoming a candidate as
defined in section 301 of the Federal Campaign Act of 1971,
in a calendar year for nomination or election to the office
of President, Vice President, or Member of Congress, or on
or before May 15 of that calendar year, whichever is later,
but in no event later than 30 days before the election, and
on or before May 15 of each successive year an individual
continues to be a candidate, an individual other than an
incumbent President, Vice President, or Member of Congress
shall file a report containing the information described in
section 102(b). Notwithstanding the preceding sentence, in
any calendar year in which an individual continues to be a
candidate for any office but all elections for such office
relating to such candidacy were held in prior calendar
years, such individual need not file a report unless he
becomes a candidate for another vacancy in that office or
another office during that year.
(d) Any individual who is an officer or employee
described in subsection (f) during any calendar year and
performs the duties of his position or office for a period
in excess of sixty days in that calendar year shall file on
or before May 15 of the succeeding year a report containing
the information described in section 102(a).
(e) Any individual who occupies a position described in
subsection (f) shall, on or before the thirtieth day after
termination of employment in such position, file a report
containing the information described in section 102(a)
covering the preceding calendar year if the report required
by subsection (d) has not been filed and covering the
portion of the calendar year in which such termination
occurs up to the date the individual left such office or
position, unless such individual has accepted employment in
another position described in subsection (f).
(f) The officers and employees referred to in
subsections (a), (d), and (e) are--
(1) the President;
(2) the Vice President;
(3) each officer or employee in the
executive branch, including a special Government
employee as defined in section 202 of title 18,
United States Code, who occupies a position
classified above GS-15 of the General Schedule
or, in the case of positions not under the
General Schedule, for which the rate of basic
pay is equal to or greater than 120 percent of
the minimum rate of basic pay payable for GS-15
of the General Schedule; each member of a
uniformed service whose pay grade is at or in
excess of O-7 under section 201 of title 37,
United States Code; and each officer or employee
in any other position determined by the Director
of the Office of Government Ethics to be of
equal classification;
(4) each employee appointed pursuant to
section 3105 of title 5, United States Code;
(5) any employee not described in paragraph
(3) who is in a position in the executive branch
which is excepted from the competitive service
by reason of being of a confidential or
policymaking character, except that the Director
of the Office of Government Ethics may, by
regulation, exclude from the application of this
paragraph any individual, or group of
individuals, who are in such positions, but only
in cases in which the Director determines such
exclusion would not affect adversely the
integrity of the Government or the public's
confidence in the integrity of the Government;
(6) the Postmaster General, the Deputy
Postmaster General, each Governor of the Board
of Governors of the United States Postal Service
and each officer or employee of the United
States Postal Service or Postal Rate Commission
who occupies a position for which the rate of
basic pay is equal to or greater than 120
percent of the minimum rate of basic pay payable
for GS-15 of the General Schedule;
(7) the Director of the Office of Government
Ethics and each designated agency ethics
official;
(8) any civilian employee not described in
paragraph (3), employed in the Executive Office
of the President (other than a special
government employee) who holds a commission of
appointment from the President;
(9) a Member of Congress as defined under
section 109(12);
(10) an officer or employee of the Congress
as defined under section 109(13);
(11) a judicial officer as defined under
section 109(10); and
(12) a judicial employee as defined under
section 109(8).
(g)(1) Reasonable extensions of time for filing any
report may be granted under procedures prescribed by the
supervising ethics office for each branch, but the total of
such extensions shall not exceed ninety days.
(2)(A) In the case of an individual who is serving in
the Armed Forces, or serving in support of the Armed Forces,
in an area while that area is designated by the President by
Executive order as a combat zone for purposes of section 112
of the Internal Revenue Code of 1986, the date for the
filing of any report shall be extended so that the date is
180 days after the later of--
(i) the last day of the individual's service
in such area during such designated period; or
(ii) the last day of the individual's
hospitalization as a result of injury received
or disease contracted while serving in such
area.
(B) The Office of Government Ethics, in consultation
with the Secretary of Defense, may prescribe procedures
under this paragraph.
(h) The provisions of subsections (a), (b), and (e)
shall not apply to an individual who, as determined by the
designated agency ethics official or Secretary concerned (or
in the case of a Presidential appointee under subsection
(b), the Director of the Office of Government Ethics), the
congressional ethics committees, or the Judicial Conference,
is not reasonably expected to perform the duties of his
office or position for more than sixty days in a calendar
year, except that if such individual performs the duties of
his office or position for more than sixty days in a
calendar year--
(1) the report required by subsections (a)
and (b) shall be filed within fifteen days of
the sixtieth day, and
(2) the report required by subsection (e)
shall be filed as provided in such subsection.
(i) The supervising ethics office for each branch may
grant a publicly available request for a waiver of any
reporting requirement under this section for an individual
who is expected to perform or has performed the duties of
his office or position less than one hundred and thirty days
in a calendar year, but only if the supervising ethics
office determines that--
(1) such individual is not a full-time
employee of the Government,
(2) such individual is able to provide
services specially needed by the Government,
(3) it is unlikely that the individual's
outside employment or financial interests will
create a conflict of interest, and
(4) public financial disclosure by such
individual is not necessary in the
circumstances.
(Pub. L. 95-521, Title I, Sec. 101, Oct. 26, 1978, 92 Stat.
1824; Pub. L. 96-19, Sec. Sec. 2(a)(1), (b), (c)(1),
4(b)(1), (d)-(f), 5, June 13, 1979, 93 Stat. 37, 38, 40;
Pub. L. 101-194, Title II, Sec. 202, Nov. 30, 1989, 103
Stat. 1725; Pub. L. 101-280, Sec. 3(1), (2), May 4, 1990,
104 Stat. 152; Pub. L. 102-25, Title VI, Sec. 605(a), Apr.
6, 1991, 105 Stat. 110; Pub. L. 102-378, Sec. 4(a)(1), Oct.
2, 1992, 106 Stat. 1356.)
439.2 Sec. 102. Contents of reports.
(a) Each report filed pursuant to section 101 (d) and
(e) shall include a full and complete statement with respect
to the following:
(1)(A) The source, type, and amount or value
of income (other than income referred to in
subparagraph (B)) from any source (other than
from current employment by the United States
Government), and the source, date, and amount of
honoraria from any source, received during the
preceding calendar year, aggregating $200 or
more in value and, effective January 1, 1991,
the source, date, and amount of payments made to
charitable organizations in lieu of honoraria,
and the reporting individual shall
simultaneously file with the applicable
supervising ethics office, on a confidential
basis, a corresponding list of recipients of all
such payments, together with the dates and
amounts of such payments.
(B) The source and type of income which
consists of dividends, rents, interest, and
capital gains, received during the preceding
calendar year which exceeds $200 in amount or
value, and an indication of which of the
following categories the amount or value of such
item of income is within:
(i) not more than $1,000,
(ii) greater than $1,000 but not more
than $2,500,
(iii) greater than $2,500 but not more
than $5,000,
(iv) greater than $5,000 but not more
than $15,000,
(v) greater than $15,000 but not more
than $50,000,
(vi) greater than $50,000 but not more
than $100,000,
(vii) greater than $100,000 but not more
than $1,000,000,
(viii) greater than $1,000,000 but not
more than $5,000,000, or
(ix) greater than $5,000,000.
(2)(A) The identity of the source, a brief
description, and the value of all gifts
aggregating more than the minimal value as
established by section 7342(a)(5) of title 5,
United States Code, or $250, whichever is
greater, received from any source other than a
relative of the reporting individual during the
preceding calendar year, except that any food,
lodging, or entertainment received as personal
hospitality of an individual need not be
reported, and any gift with a fair market value
of $100 or less, as adjusted at the same time
and by the same percentage as the minimal value
is adjusted, need not be aggregated for purposes
of this subparagraph.
(B) The identity of the source and a brief
description (including a travel itinerary,
dates, and nature of expenses provided) of
reimbursements received from any source
aggregating more than the minimal value as
established by section 7342(a)(5) of title 5,
United States Code, or $250, whichever is
greater and received during the preceding
calendar year.
(C) In an unusual case, a gift need not be
aggregated under subparagraph (A) if a publicly
available request for a waiver is granted.
(3) The identity and category of value of
any interest in property held during the
preceding calendar year in a trade or business,
or for investment or the production of income,
which has a fair market value which exceeds
$1,000 as of the close of the preceding calendar
year, excluding any personal liability owed to
the reporting individual by a spouse, or by a
parent, brother, sister, or child of the
reporting individual or of the reporting
individual's spouse, or any deposits aggregating
$5,000 or less in a personal savings account.
For purposes of this paragraph, a personal
savings account shall include any certificate of
deposit or any other form of deposit in a bank,
savings and loan association, credit union, or
similar financial institution.
(4) The identity and category of value of
the total liabilities owed to any creditor other
than a spouse, or a parent, brother, sister, or
child of the reporting individual or of the
reporting individual's spouse which exceed
$10,000 at any time during the preceding
calendar year, excluding--
(A) any mortgage secured by real
property which is a personal residence of
the reporting individual or his spouse; and
(B) any loan secured by a personal motor
vehicle, household furniture, or appliances,
which loan does not exceed the purchase
price of the item which secures it.
With respect to revolving charge accounts, only
those with an outstanding liability which exceeds
$10,000 as of the close of the preceding calendar
year need be reported under this paragraph.
(5) Except as provided in this paragraph, a
brief description, the date, and category of
value of any purchase, sale or exchange during
the preceding calendar year which exceeds
$1,000--
(A) in real property, other than
property used solely as a personal residence
of the reporting individual or his spouse;
or
(B) in stocks, bonds, commodities
futures, and other forms of securities.
Reporting is not required under this paragraph of
any transaction solely by and between the reporting
individual, his spouse, or dependent children.
(6)(A) The identity of all positions held on
or before the date of filing during the current
calendar year (and, for the first report filed
by an individual, during the two-year period
preceding such calendar year) as an officer,
director, trustee, partner, proprietor,
representative, employee, or consultant of any
corporation, company, firm, partnership, or
other business enterprise, any nonprofit
organization, any labor organization, or any
educational or other institution other than the
United States. This subparagraph shall not
require the reporting of positions held in any
religious, social, fraternal, or political
entity and positions solely of an honorary
nature.
(B) If any person, other than the United
States Government, paid a nonelected reporting
individual compensation in excess of $5,000 in
any of the two calendar years prior to the
calendar year during which the individual files
his first report under this title, the
individual shall include in the report--
(i) the identity of each source of such
compensation; and
(ii) a brief description of the nature
of the duties performed or services rendered
by the reporting individual for each such
source.
The preceding sentence shall not require any
individual to include in such report any information
which is considered confidential as a result of a
privileged relationship, established by law, between
such individual and any person nor shall it require
an individual to report any information with respect
to any person for whom services were provided by any
firm or association of which such individual was a
member, partner, or employee unless such individual
was directly involved in the provision of such
services.
(7) A description of the date, parties to,
and terms of any agreement or arrangement with
respect to (A) future employment; (B) a leave of
absence during the period of the reporting
individual's Government service; (C)
continuation of payments by a former employer
other than the United States Government; and (D)
continuing participation in an employee welfare
or benefit plan maintained by a former employer.
(8) The category of the total cash value of
any interest of the reporting individual in a
qualified blind trust, unless the trust
instrument was executed prior to July 24, 1995
and precludes the beneficiary from receiving
information on the total cash value of any
interest in the qualified blind trust.
(b)(1) Each report filed pursuant to subsections (a),
(b), and (c) of section 101 shall include a full and
complete statement with respect to the information required
by--
(A) paragraph (1) of subsection (a) for the
year of filing and the preceding calendar year.
(B) paragraphs (3) and (4) of subsection (a)
as of the date specified in the report but which
is less than thirty-one days before the filing
date, and
(C) paragraphs (6) and (7) of subsection (a)
as of the filing date but for periods described
in such paragraphs.
(2)(A) In lieu of filling out one or more schedules of a
financial disclosure form, an individual may supply the
required information in an alternative format, pursuant to
either rules adopted by the supervising ethics office for
the branch in which such individual serves or pursuant to a
specific written determination by such office for a
reporting individual.
(B) In lieu of indicating the category of amount or
value of any item contained in any report filed under this
title, a reporting individual may indicate the exact dollar
amount of such item.
(c) In the case of any individual described in section
101(e), any reference to the preceding calendar year shall
be considered also to include that part of the calendar year
of filing up to the date of the termination of employment.
(d)(1) The categories for reporting the amount or value
of the items covered in paragraphs (3), (4), and (5) of
subsection (a) are as follows:
(A) not more than $15,000;
(B) greater than $15,000 but not more than
$50,000;
(C) greater than $50,000 but not more than
$100,000;
(D) greater than $100,000 but not more than
$250,000;
(E) greater than $250,000 but not more than
$500,000;
(F) greater than $500,000 but not more than
$1,000,000;
(G) greater than $1,000,000 but not more
than $5,000,000;
(H) greater than $5,000,000 but not more
than $25,000,000;
(I) greater than $25,000,000 but not more
than $50,000,000; and
(J) greater than $50,000,000.
(2) For the purposes of paragraph (3) of subsection (a)
if the current value of an interest in real property (or an
interest in a real estate partnership) is not ascertainable
without an appraisal, an individual may list (A) the date of
purchase and the purchase price of the interest in the real
property, or (B) the assessed value of the real property for
tax purposes, adjusted to reflect the market value of the
property used for the assessment if the assessed value is
computed at less than 100 percent of such market value, but
such individual shall include in his report a full and
complete description of the method used to determine such
assessed value, instead of specifying a category of value
pursuant to paragraph (1) of this subsection. If the current
value of any other item required to be reported under
paragraph (3) of subsection (a) is not ascertainable without
an appraisal, such individual may list the book value of a
corporation whose stock is not publicly traded, the net
worth of a business partnership, the equity value of an
individually owned business, or with respect to other
holdings, any recognized indication of value, but such
individual shall include in his report a full and complete
description of the method used in determining such value. In
lieu of any value referred to in the preceding sentence, an
individual may list the assessed value of the item for tax
purposes, adjusted to reflect the market value of the item
used for the assessment if the assessed value is computed at
less than 100 percent of such market value, but a full and
complete description of the method used in determining such
assessed value shall be included in the report.
(e)(1) Except as provided in the last sentence of this
paragraph, each report required by section 101 shall also
contain information listed in paragraphs (1) through (5) of
subsection (a) of this section respecting the spouse or
dependent child of the reporting individual as follows:
(A) The source of items of earned income
earned by a spouse from any person which exceeds
$1,000 and the source and amount of any
honoraria received by a spouse, except that,
with respect to earned income (other than
honoraria), if the spouse is self-employed in
business or a profession, only the nature of
such business or profession need be reported.
(B) All information required to be reported
in subsection (a)(1)(B) with respect to income
derived by a spouse or dependent child from any
asset held by the spouse or dependent child and
reported pursuant to subsection (a)(3).
(C) In the case of any gifts received by a
spouse or dependent child which are not received
totally independent of the relationship of the
spouse or dependent child to the reporting
individual, the identity of the source and a
brief description of gifts of transportation,
lodging, food, or entertainment and a brief
description and the value of other gifts.
(D) In the case of any reimbursements
received by a spouse or dependent child which
are not received totally independent of the
relationship of the spouse or dependent child to
the reporting individual, the identity of the
source and a brief description of each such
reimbursement.
(E) In the case of items described in
paragraphs (3) through (5) of subsection (a),
all information required to be reported under
these paragraphs other than items (i) which the
reporting individual certifies represent the
spouse's or dependent child's sole financial
interest or responsibility and which the
reporting individual has no knowledge of, (ii)
which are not in any way, past or present,
derived from the income, assets, or activities
of the reporting individual, and (iii) from
which the reporting individual neither derives,
nor expects to derive, any financial or economic
benefit.
(F) For purposes of this section, categories
with amounts or values greater than $1,000,000
set forth in sections 102(a)(1)(B) and 102(d)(1)
shall apply to the income, assets, or
liabilities of spouses and dependent children
only if the income, assets, or liabilities are
held jointly with the reporting individual. All
other income, assets, or liabilities of the
spouse or dependent children required to be
reported under this section in an amount or
value greater than $1,000,000 shall be
categorized only as an amount or value greater
than $1,000,000.
Reports required by subsections (a), (b), and (c) of section
101 shall, with respect to the spouse and dependent child of
the reporting individual, only contain information listed in
paragraphs (1), (3), and (4) of subsection (a), as specified
in this paragraph.
(2) No report shall be required with respect to a spouse
living separate and apart from the reporting individual with
the intention of terminating the marriage or providing for
permanent separation; or with respect to any income or
obligations of an individual arising from the dissolution of
his marriage or the permanent separation from his spouse.
(f)(1) Except as provided in paragraph (2), each
reporting individual shall report the information required
to be reported pursuant to subsections (a), (b), and (c) of
this section with respect to the holdings of and the income
from a trust or other financial arrangement from which
income is received by, or with respect to which a beneficial
interest in principal or income is held by, such individual,
his spouse, or any dependent child.
(2) A reporting individual need not report the holdings
of or the source of income from any of the holdings of--
(A) any qualified blind trust (as defined in
paragraph (3));
(B) a trust--
(i) which was not created directly by
such individual, his spouse, or any
dependent child, and
(ii) the holdings or sources of income
of which such individual, his spouse, and
any dependent child have no knowledge of; or
(C) an entity described under the provisions
of paragraph (8), but such individual shall
report the category of the amount of income
received by him, his spouse, or any dependent
child from the trust or other entity under
subsection (a)(1)(B) of this section.
(3) For purposes of this subsection, the term
``qualified blind trust'' includes any trust in which a
reporting individual, his spouse, or any minor or dependent
child has a beneficial interest in the principal or income,
and which meets the following requirements:
(A)(i) The trustee of the trust and any
other entity designated in the trust instrument
to perform fiduciary duties is a financial
institution, an attorney, a certified public
accountant, a broker, or an investment advisor
who--
(I) is independent of and not associated
with any interested party so that the
trustee or other person cannot be controlled
or influenced in the administration of the
trust by any interested party;
(II) is not and has not been an employee
of or affiliated with any interested party
and is not a partner of, or involved in any
joint venture or other investment with, any
interested party; and
(III) is not a relative of any
interested party.
(ii) Any officer or employee of a trustee or
other entity who is involved in the management
or control of the trust--
(I) is independent of and not associated
with any interested party so that such
officer or employee cannot be controlled or
influenced in the administration of the
trust by any interested party;
(II) is not a partner of, or involved in
any joint venture or other investment with,
any interested party; and
(III) is not a relative of any
interested party.
(B) Any asset transferred to the trust by an
interested party is free of any restriction with
respect to its transfer or sale unless such
restriction is expressly approved by the
supervising ethics office of the reporting
individual.
(C) The trust instrument which establishes
the trust provides that--
(i) except to the extent provided in
subparagraph (B) of this paragraph, the
trustee in the exercise of his authority and
discretion to manage and control the assets
of the trust shall not consult or notify any
interested party;
(ii) the trust shall not contain any
asset the holding of which by an interested
party is prohibited by any law or
regulation;
(iii) the trustee shall promptly notify
the reporting individual and his supervising
ethics office when the holdings of any
particular asset transferred to the trust by
any interested party are disposed of or when
the value of such holding is less than
$1,000;
(iv) the trust tax return shall be
prepared by the trustee or his designee, and
such return and any information relating
thereto (other than the trust income
summarized in appropriate categories
necessary to complete an interested party's
tax return), shall not be disclosed to any
interested party;
(v) an interested party shall not
receive any report on the holdings and
sources of income of the trust, except a
report at the end of each calendar quarter
with respect to the total cash value of the
interest of the interested party in the
trust or the net income or loss of the trust
or any reports necessary to enable the
interested party to complete an individual
tax return required by law or to provide the
information required by subsection (a)(1) of
this section, but such report shall not
identify any asset or holding;
(vi) except for communications which
solely consist of requests for distributions
of cash or other unspecified assets of the
trust, there shall be no direct or indirect
communication between the trustee and an
interested party with respect to the trust
unless such communication is in writing and
unless it relates only (I) to the general
financial interest and needs of the
interested party (including, but not limited
to, an interest in maximizing income or
long-term capital gain), (II) to the
notification of the trustee of a law or
regulation subsequently applicable to the
reporting individual which prohibits the
interested party from holding an asset,
which notification directs that the asset
not be held by the trust, or (III) to
directions to the trustee to sell all of an
asset initially placed in the trust by an
interested party which in the determination
of the reporting individual creates a
conflict of interest or the appearance
thereof due to the subsequent assumption of
duties by the reporting individual (but
nothing herein shall require any such
direction); and
(vii) the interested parties shall make
no effort to obtain information with respect
to the holdings of the trust, including
obtaining a copy of any trust tax return
filed or any information relating thereto
except as otherwise provided in this
subsection.
(D) The proposed trust instrument and the
proposed trustee is approved by the reporting
individual's supervising ethics office.
(E) For purposes of this subsection,
``interested party'' means a reporting
individual, his spouse, and any minor or
dependent child; ``broker'' has the meaning set
forth in section 3(a)(4) of the Securities and
Exchange Act of 1934 (15 U.S.C. 78c(a)(4)); and
``investment adviser'' includes any investment
adviser who, as determined under regulations
prescribed by the supervising ethics office, is
generally involved in his role as such an
adviser in the management or control of trusts.
(F) Any trust qualified by a supervising
ethics office before the effective date of title
II of the Ethics Reform Act of 1989 shall
continue to be governed by the law and
regulations in effect immediately before such
effective date.
(4)(A) An asset placed in a trust by an interested party
shall be considered a financial interest of the reporting
individual, for the purposes of any applicable conflict of
interest statutes, regulations, or rules of the Federal
Government (including section 208 of title 18, United States
Code), until such time as the reporting individual is
notified by the trustee that such asset has been disposed
of, or has a value of less than $1,000.
(B)(i) The provisions of subparagraph (A) shall not
apply with respect to a trust created for the benefit of a
reporting individual, or the spouse, dependent child, or
minor child of such a person, if the supervising ethics
office for such reporting individual finds that--
(I) the assets placed in the trust consist
of a well-diversified portfolio of readily
marketable securities;
(II) none of the assets consist of
securities of entities having substantial
activities in the area of the reporting
individual's primary area of responsibility;
(III) the trust instrument prohibits the
trustee, notwithstanding the provisions of
paragraph (3)(C) (iii) and (iv) of this
subsection, from making public or informing any
interested party of the sale of any securities;
(IV) the trustee is given power of attorney,
notwithstanding the provisions of paragraph
(3)(C)(v) of this subsection, to prepare on
behalf of any interested party the personal
income tax returns and similar returns which may
contain information relating to the trust; and
(V) except as otherwise provided in this
paragraph, the trust instrument provides (or in
the case of a trust established prior to the
effective date of this Act which by its terms
does not permit amendment, the trustee, the
reporting individual, and any other interested
party agree in writing) that the trust shall be
administered in accordance with the requirements
of this subsection and the trustee of such trust
meets the requirements of paragraph (3)(A).
(ii) In any instance covered by subparagraph (B) in
which the reporting individual is an individual whose
nomination is being considered by a congressional committee,
the reporting individual shall inform the congressional
committee considering his nomination before or during the
period of such individual's confirmation hearing of his
intention to comply with this paragraph.
(5)(A) The reporting individual shall, within thirty
days after a qualified blind trust is approved by his
supervising ethics office, file with such office a copy of--
(i) the executed trust instrument of such
trust (other than those provisions which relate
to the testamentary disposition of the trust
assets), and
(ii) a list of the assets which were
transferred to such trust, including the
category of value of each asset as determined
under subsection (d) of this section.
This subparagraph shall not apply with respect to a trust
meeting the requirements for being considered a qualified
blind trust under paragraph (7) of this subsection.
(B) The reporting individual shall, within thirty days
of transferring an asset (other than cash) to a previously
established qualified blind trust, notify his supervising
ethics office of the identity of each such asset and the
category of value of each asset as determined under
subsection (d) of this section.
(C) Within thirty days of the dissolution of a qualified
blind trust, a reporting individual shall--
(i) notify his supervising ethics office of
such dissolution, and
(ii) file with such office a copy of a list
of the assets of the trust at the time of such
dissolution and the category of value under
subsection (d) of this section of each such
asset.
(D) Documents filed under subparagraphs (A), (B), and
(C) of this paragraph and the lists provided by the trustee
of assets placed in the trust by an interested party which
have been sold shall be made available to the public in the
same manner as a report is made available under section 105
and the provisions of that section shall apply with respect
to such documents and lists.
(E) A copy of each written communication with respect to
the trust under paragraph (3)(C)(vi) shall be filed by the
person initiating the communication with the reporting
individual's supervising ethics office within five days of
the date of the communication.
(6)(A) A trustee of a qualified blind trust shall not
knowingly and willfully, or negligently, (i) disclose any
information to an interested party with respect to such
trust that may not be disclosed under paragraph (3) of this
subsection; (ii) acquire any holding the ownership of which
is prohibited by the trust instrument; (iii) solicit advice
from any interested party with respect to such trust, which
solicitation is prohibited by paragraph (3) of this
subsection or the trust agreement; or (iv) fail to file any
document required by this subsection.
(B) A reporting individual shall not knowingly and
willfully, or negligently, (i) solicit or receive any
information with respect to a qualified blind trust of which
he is an interested party that may not be disclosed under
paragraph (3)(C) of this subsection; or (ii) fail to file
any document required by this subsection.
(C)(i) The Attorney General may bring a civil action in
any appropriate United States district court against any
individual who knowingly and willfully violates the
provisions of subparagraph (A) or (B) of this paragraph. The
court in which such action is brought may assess against
such individual a civil penalty in any amount not to exceed
$10,000.
(ii) The Attorney General may bring a civil action in
any appropriate United States district court against any
individual who negligently violates the provisions of
subparagraph (A) or (B) of this paragraph. The court in
which such action is brought may assess against such
individual a civil penalty in any amount not to exceed
$5,000.
(7) Any trust may be considered to be a qualified blind
trust if--
(A) the trust instrument is amended to
comply with the requirements of paragraph (3)
or, in the case of a trust instrument which does
not by its terms permit amendment, the trustee,
the reporting individual, and any other
interested party agree in writing that the trust
shall be administered in accordance with the
requirements of this subsection and the trustee
of such trust meets the requirements of
paragraph (3)(A); except that in the case of any
interested party who is a dependent child, a
parent or guardian of such child may execute the
agreement referred to in this subparagraph;
(B) a copy of the trust instrument (except
testamentary provisions) and a copy of the
agreement referred to in subparagraph (A), and a
list of the assets held by the trust at the time
of approval by the supervising ethics office,
including the category of value of each asset as
determined under subsection (d) of this section,
are filed with such office and made available to
the public as provided under paragraph (5)(D) of
this subsection; and
(C) the supervising ethics office determines
that approval of the trust arrangement as a
qualified blind trust is in the particular case
appropriate to assure compliance with applicable
laws and regulations.
(8) A reporting individual shall not be required to
report the financial interest held by a widely held
investment fund (whether such fund is a mutual fund,
regulated investment company, pension or deferred
compensation plan, or other investment fund), if--
(A)(i) the fund is publicly traded; or
(ii) the assets of the fund are widely
diversified; and
(B) the reporting individual neither
exercises control over nor has the ability to
exercise control over the financial interests
held by the fund.
(g) Political campaign funds, including campaign
receipts and expenditures, need not be included in any
report filed pursuant to this title.
(h) A report filed pursuant to subsection (a), (d), or
(e) of section 101 need not contain the information
described in subparagraphs (A), (B), and (C) of subsection
(a)(2) with respect to gifts and reimbursements received in
a period when the reporting individual was not an officer or
employee of the Federal Government.
(i) a reporting individual shall not be required under
this title to report--
(1) financial interests in or income derived
from--
(A) any retirement system under title 5,
United States Code (including the Thrift
Savings Plan under subchapter III of chapter
84 of such title); or
(B) any other retirement system
maintained by the United States for officers
or employees of the United States, including
the President, or for members of the
uniformed services; or
(2) benefits received under the Social
Security Act.
(Pub. L. 95-521, Title I, Sec. 102, Oct. 26, 1978, 92 Stat.
1825; Pub. L. 96-19, Sec. Sec. 3(a)(1), (b), 6(a), 7(a)-
(d)(1), (f), 9(b), (c)(1), (j), June 13, 1979, 93 Stat. 39-
43; Pub. L. 97-51, Sec. 130(b), Oct. 1, 1981, 95 Stat. 966;
Pub. L. 98-150, Sec. 10, Nov. 11, 1983, 97 Stat. 962; Pub.
L. 101-194, Title II, Sec. 202, Nov. 30, 1989, 103 Stat.
1727; Pub. L. 101-280, Sec. 3(3), May 4, 1990, 104 Stat.
152; Pub. L. 102-90, Title III, Sec. 314(a), Aug. 14, 1991,
105 Stat. 469; Pub. L. 104-65, Sec. Sec. 20, 22(a), (b),
Dec. 19, 1995, 109 Stat. 704, 705.)
439.3 Sec. 103. Filing of reports.
(a) Except as otherwise provided in this section, the
reports required under this title shall be filed by the
reporting individual with the designated agency ethics
official at the agency by which he is employed (or in the
case of an individual described in section 101(e), was
employed) or in which he will serve. The date any report is
received (and the date of receipt of any supplemental
report) shall be noted on such report by such official.
(b) The President, the Vice President, and independent
counsel and persons appointed by independent counsel under
chapter 40 of title 28, United States Code, shall file
reports required under this title with the Director of the
Office of Government Ethics.
(c) Copies of the reports required to be filed under
this title by the Postmaster General, the Deputy Postmaster
General, the Governors of the Board of Governors of the
United States Postal Service, designated agency ethics
officials, employees described in section 105(a)(2) (A) or
(B), 106(a)(1) (A) or (B), or 107 (a)(1)(A) or (b)(1)(A)(i),
of title 3, United States Code, candidates for the office of
President or Vice President and officers and employees in
(and nominees to) offices or positions which require
confirmation by the Senate or by both Houses of Congress
other than individuals nominated to be judicial officers and
those referred to in subsection (f) shall be transmitted to
the Director of the Office of Government Ethics. The
Director shall forward a copy of the report of each nominee
to the congressional committee considering the nomination.
(d) Reports required to be filed under this title by the
Director of the Office of Government Ethics shall be filed
in the Office of Government Ethics and, immediately after
being filed, shall be made available to the public in
accordance with this title.
(e) Each individual identified in section 101(c) who is
a candidate for nomination or election to the Office of
President or Vice President shall file the reports required
by this title with the Federal Election Commission.
(f) Reports required of members of the uniformed
services shall be filed with the Secretary concerned.
(g) Each supervising ethics office shall develop and
make available forms for reporting the information required
by this title.
(h)(1) The reports required under this title shall be
filed by a reporting individual with--
(A)(i)(I) the Clerk of the House of
Representatives, in the case of a Representative
in Congress, a Delegate to Congress, the
Resident Commissioner from Puerto Rico, an
officer or employee of the Congress whose
compensation is disbursed by the Chief
Administrative Officer of the House of
Representatives, an officer or employee of the
Architect of the Capitol, the United States
Botanic Garden, the Congressional Budget Office,
the Government Printing Office, the Library of
Congress, or the Copyright Royalty Tribunal
(including any individual terminating service,
under section 101(e), in any office or position
referred to in this subclause), or an individual
described in section 101(c) who is a candidate
for nomination or election as a Representative
in Congress, a Delegate to Congress, or the
Resident Commissioner from Puerto Rico; and
(II) the Secretary of the Senate, in the
case of a Senator, an officer or employee of the
Congress whose compensation is disbursed by the
Secretary of the Senate, an officer or employee
of the General Accounting Office, the Office of
Technology Assessment, or the Office of the
Attending Physician (including any individual
terminating service, under section 101(e), in
any office or position referred to in this
subclause), or an individual described in
section 101(c) who is a candidate for nomination
or election as a Senator; and
(ii) in the case of an officer or employee
of the Congress as described under section
101(f)(10) who is employed by an agency or
commission established in the legislative branch
after the date of the enactment of the Ethics
Reform Act of 1989--
(I) the Secretary of the Senate or the
Clerk of the House of Representatives, as
the case may be, as designated in the
statute establishing such agency or
commission; or
(II) if such statute does not designate
such committee, the Secretary of the Senate
for agencies and commissions established in
even numbered calendar years, and the Clerk
of the House of Representatives for agencies
and commissions established in odd numbered
calendar years; and
(B) the Judicial Conference with regard to a
judicial officer or employee described under
paragraphs (11) and (12) of section 101(f)
(including individuals terminating service in
such office or position under section 101(e) or
immediately preceding service in such office or
position).
(2) The date any report is received (and the date of
receipt of any supplemental report) shall be noted on such
report by such committee.
(i) A copy of each report filed under this title by a
Member or an individual who is a candidate for the office of
Member shall be sent by the Clerk of the House of
Representatives or Secretary of the Senate, as the case may
be, to the appropriate State officer designated under
section 316(a) of the Federal Election Campaign Act of 1971
of the State represented by the Member or in which the
individual is a candidate, as the case may be, within the
30-day period beginning on the day the report is filed with
the Clerk or Secretary.
(j)(1) A copy of each report filed under this title with
the Clerk of the House of Representatives shall be sent by
the Clerk to the Committee on Standards of Official Conduct
of the House of Representatives within the 7-day period
beginning on the day the report is filed.
(2) A copy of each report filed under this title with
the Secretary of the Senate shall be sent by the Secretary
to the Select Committee on Ethics of the Senate within the
7-day period beginning on the day the report is filed.
(k) In carrying out their responsibilities under this
title with respect to candidates for office, the Clerk of
the House of Representatives and the Secretary of the Senate
shall avail themselves of the assistance of the Federal
Election Commission. The Commission shall make available to
the Clerk and the Secretary on a regular basis a complete
list of names and addresses of all candidates registered
with the Commission, and shall cooperate and coordinate its
candidate information and notification program with the
Clerk and the Secretary to the greatest extent possible.
(Pub. L. 95-521, Title I, Sec. 103, Oct. 26, 1978, 92 Stat.
1831; Pub. L. 96-19, Sec. Sec. 4(b)(2), 9(a), June 13,
1979, 93 Stat. 40, 42; Pub. L. 101-194, Title II, Sec. 202,
Nov. 30, 1989, 103 Stat. 1736; Pub. L. 101-280, Sec. 3(1),
(4), May 4, 1990, 104 Stat. 152, 153; Pub. L. 102-90, Title
III, Sec. 313(1), Aug. 14, 1991, 105 Stat. 469; Pub. L.
104-186, Title II, Sec. 216(1), Aug. 20, 1996, 110 Stat.
1747.)
439.4 Sec. 104. Failure to file or filing false reports.
(a) The Attorney General may bring a civil action in any
appropriate United States district court against any
individual who knowingly and willfully falsifies or who
knowingly and willfully fails to file or report any
information that such individual is required to report
pursuant to section 102. The court in which such action is
brought may assess against such individual a civil penalty
in any amount, not to exceed $10,000.
(b) The head of each agency, each Secretary concerned,
the Director of the Office of Government Ethics, each
congressional ethics committee, or the Judicial Conference,
as the case may be, shall refer to the Attorney General the
name of any individual which such official or committee has
reasonable cause to believe has willfully failed to file a
report or has willfully falsified or willfully failed to
file information required to be reported. Whenever the
Judicial Conference refers a name to the Attorney General
under this subsection, the Judicial Conference also shall
notify the judicial council of the circuit in which the
named individual serves of the referral.
(c) The President, the Vice President, the Secretary
concerned, the head of each agency, the Office of Personnel
Management, a congressional ethics committee, and the
Judicial Conference, may take any appropriate personnel or
other action in accordance with applicable law or regulation
against any individual failing to file a report or
falsifying or failing to report information required to be
reported.
(d)(1) Any individual who files a report required to be
filed under this title more than 30 days after the later
of--
(A) the date such report is required to be
filed pursuant to the provisions of this title
and the rules and regulations promulgated
thereunder; or
(B) if a filing extension is granted to such
individual under section 101(g), the last day of
the filing extension period,
shall, at the direction of and pursuant to regulations
issued by the supervising ethics office, pay a filing fee of
$200. All such fees shall be deposited in the miscellaneous
receipts of the Treasury. The authority under this paragraph
to direct the payment of a filing fee may be delegated by
the supervising ethics office in the executive branch to
other agencies in the executive branch.
(2) The supervising ethics office may waive the filing
fee under this subsection in extraordinary circumstances.
(Pub. L. 95-521, Title I, Sec. 104, Oct. 26, 1978, 92 Stat.
1832; Pub. L. 96-19, Sec. 8(a), June 13, 1979, 93 Stat. 41;
Pub. L. 101-194, Title II, Sec. 202, Nov. 30, 1989, 103
Stat. 1737; Pub. L. 101-280, Sec. 3(1), (5), May 4, 1990,
104 Stat. 152, 154; Pub. L. 101-650, Title IV, Sec. 405,
Dec. 1, 1990, 104 Stat. 5124.)
439.5 Sec. 105. Custody of and public access to reports.
(a) Each agency, each supervising ethics office in the
executive or judicial branch, the Clerk of the House of
Representatives, and the Secretary of the Senate shall make
available to the public, in accordance with subsection (b),
each report filed under this title with such agency or
office or with the Clerk or the Secretary of the Senate,
except that--
(1) this section does not require public
availability of a report filed by any individual
in the Central Intelligence Agency, the Defense
Intelligence Agency, the National Imagery and
Mapping Agency, or the National Security Agency,
or any individual engaged in intelligence
activities in any agency of the United States,
if the President finds or has found that, due to
the nature of the office or position occupied by
such individual, public disclosure of such
report would be revealing the identity of the
individual or other sensitive information,
compromise the national interest of the United
States; and such individuals may be authorized,
notwithstanding section 104(a), to file such
additional reports as are necessary to protect
their identity from public disclosure if the
President first finds or has found that such
filing is necessary in the national interest;
and
(2) any report filed by an independent
counsel whose identity has not been disclosed by
the division of the court under chapter 40 of
title 28, United States Code, and any report
filed by any person appointed by that
independent counsel under such chapter, shall
not be made available to the public under this
title.
(b)(1) Except as provided in the second sentence of this
subsection, each agency, each supervising ethics office in
the executive or judicial branch, the Clerk of the House of
Representatives, and the Secretary of the Senate shall,
within thirty days after any report is received under this
title by such agency or office or by the Clerk or the
Secretary of the Senate, as the case may be, permit
inspection of such report by or furnish a copy of such
report to any person requesting such inspection or copy.
With respect to any report required to be filed by May 15 of
any year, such report shall be made available for public
inspection within 30 calendar days after May 15 of such year
or within 30 days of the date of filing of such a report for
which an extension is granted pursuant to section 101(g).
The agency, office, Clerk, or Secretary of the Senate, as
the case may be, may require a reasonable fee to be paid in
any amount which is found necessary to recover the cost of
reproduction or mailing of such report excluding any salary
of any employee involved in such reproduction or mailing. A
copy of such report may be furnished without charge or at a
reduced charge if it is determined that waiver or reduction
of the fee is in the public interest.
(3)(A) This section does not require the immediate and
unconditional availability of reports filed by an individual
described in section 109(8) or 109(10) of this Act if a
finding is made by the Judicial Conference, in consultation
with United States Marshall Service, that revealing personal
and sensitive information could endanger that individual.
(B) A report may be redacted pursuant to this paragraph
only--
(i) to the extent necessary to protect the
individual who filed the report; and
(ii) for as long as the danger to such
individual exists.
(C) The Administrative Office of the United States
Courts shall submit to the Committees on the Judiciary of
the House of Representatives and of the Senate an annual
report with respect to the operation of this paragraph
including--
(i) the total number of reports redacted
pursuant to this paragraph;
(ii) the total number of individuals whose
reports have been redacted pursuant to this
paragraph; and
(iii) the types of threats against
individuals whose reports are redacted, if
appropriate.
(D) The Judicial Conference, in consultation with the
Department of Justice, shall issue regulations setting forth
the circumstances under which redaction is appropriate under
this paragraph and the procedures for redaction.
(E) This paragraph shall expire on December 31, 2001,
and apply to filings through calendar year 2001.
(2) Notwithstanding paragraph (1), a report may not be
made available under this section to any person nor may any
copy thereof be provided under this section to any person
except upon a written application by such person stating--
(A) that person's name, occupation and
address;
(B) the name and address of any other person
or organization on whose behalf the inspection
or copy is requested; and
(C) that such person is aware of the
prohibitions on the obtaining or use of the
report.
Any such application shall be made available to the public
throughout the period during which the report is made
available to the public.
(c)(1) It shall be unlawful for any person to obtain or
use a report--
(A) for any unlawful purpose;
(B) for any commercial purpose, other than
by news and communications media for
dissemination to the general public;
(C) for determining or establishing the
credit rating of any individual; or
(D) for use, directly or indirectly, in the
solicitation of money for any political,
charitable, or other purpose.
(2) The Attorney General may bring a civil action
against any person who obtains or uses a report for any
purpose prohibited in paragraph (1) of this subsection. The
court in which such action is brought may assess against
such person a penalty in any amount not to exceed $10,000.
Such remedy shall be in addition to any other remedy
available under statutory or common law.
(d) Any report filed with or transmitted to an agency or
supervising ethics office or to the Clerk of the House of
Representatives or the Secretary of the Senate pursuant to
this title shall be retained by such agency or office or by
the Clerk or the Secretary of the Senate, as the case may
be. Such report shall be made available to the public for a
period of six years after receipt of the report. After such
six-year period the report shall be destroyed unless needed
in an ongoing investigation, except that in the case of an
individual who filed the report pursuant to section 101(b)
and was not subsequently confirmed by the Senate, or who
filed the report pursuant to section 101(c) and was not
subsequently elected, such report shall be destroyed one
year after the individual either is no longer under
consideration by the Senate or is no longer a candidate for
nomination or election to the Office of President, Vice
President, or as a Member of Congress, unless needed in an
ongoing investigation. (Pub. L. 95-521, Title I, Sec. 105,
Oct. 26, 1978, 92 Stat. 1833; Pub. L. 101-194, Title II,
Sec. 202, Nov. 30, 1989, 103 Stat. 1737; Pub. L. 101-280,
Sec. 3(6), May 4, 1990, 104 Stat. 154; Pub. L. 102-90, Title
III, Sec. 313(2), Aug. 14, 1991, 105 Stat. 469; Pub. L. 103-
359, Title V, Sec. 501(m), Oct. 14, 1994, 108 Stat. 3430;
Pub. L. 104-201, Div. A, Title XI, Sec. 1122(b)(2), Sept.
23, 1996, 110 Stat. 2687; Pub. L. 105-318, Sec. 7, Oct. 30,
1998, 112 Stat. 3011.)
439.6 Sec. 106. Review of reports.
(a)(1) Each designated agency ethics official or
Secretary concerned shall make provisions to ensure that
each report filed with him under this title is reviewed
within sixty days after the date of such filing, except that
the Director of the Office of Government Ethics shall review
only those reports required to be transmitted to him under
this title within sixty days after the date of transmittal.
(2) Each congressional ethics committee and the Judicial
Conference shall make provisions to ensure that each report
filed under this title is reviewed within sixty days after
the date of such filing.
(b)(1) If after reviewing any report under subsection
(a), the Director of the Office of Government Ethics, the
Secretary concerned, the designated agency ethics official,
a person designated by the congressional ethics committee,
or a person designated by the Judicial Conference, as the
case may be, is of the opinion that on the basis of
information contained in such report the individual
submitting such report is in compliance with applicable laws
and regulations, he shall state such opinion on the report,
and shall sign such report.
(2) If the Director of the Office of Government Ethics,
the Secretary concerned, the designated agency ethics
official, a person designated by the congressional ethics
committee, or a person designated by the Judicial
Conference, after reviewing any report under subsection
(a)--
(A) believes additional information is
required to be submitted, he shall notify the
individual submitting such report what
additional information is required and the time
by which it must be submitted, or
(B) is of the opinion, on the basis of
information submitted, that the individual is
not in compliance with applicable laws and
regulations, he shall notify the individual,
afford a reasonable opportunity for a written or
oral response, and after consideration of such
response, reach an opinion as to whether or not,
on the basis of information submitted, the
individual is in compliance with such laws and
regulations.
(3) If the Director of the Office of Government Ethics,
the Secretary concerned, the designated agency ethics
official, a person designated by a congressional ethics
committee, or a person designated by the Judicial
Conference, reaches an opinion under paragraph (2)(B) that
an individual is not in compliance with applicable laws and
regulations, the official or committee shall notify the
individual of that opinion and, after an opportunity for
personal consultation (if practicable), determine and notify
the individual of which steps, if any, would in the opinion
of such official or committee be appropriate for assuring
compliance with such laws and regulations and the date by
which such steps should be taken. Such steps may include, as
appropriate--
(A) divestiture,
(B) restitution,
(C) the establishment of a blind trust,
(D) request for an exemption under section
208(b) of title 18, United States Code, or
(E) voluntary request for transfer,
reassignment, limitation of duties, or
resignation.
The use of any such steps shall be in accordance with such
rules or regulations as the supervising ethics office may
prescribe.
(4) If steps for assuring compliance with applicable
laws and regulations are not taken by the date set under
paragraph (3) by an individual in a position in the
executive branch (other than in the Foreign Service or the
uniformed services), appointment to which requires the
advice and consent of the Senate, the matter shall be
referred to the President for appropriate action.
(5) If steps for assuring compliance with applicable
laws and regulations are not taken by the date set under
paragraph (3) by a member of the Foreign Service or the
uniformed services, the Secretary concerned shall take
appropriate action.
(6) If steps for assuring compliance with applicable
laws and regulations are not taken by the date set under
paragraph (3) by any other officer or employee, the matter
shall be referred to the head of the appropriate agency, the
congressional ethics committee, or the Judicial Conference,
for appropriate action; except that in the case of the
Postmaster General or Deputy Postmaster General, the
Director of the Office of Government Ethics shall recommend
to the Governors of the Board of Governors of the United
States Postal Service the action to be taken.
(7) Each supervising ethics office may render advisory
opinions interpreting this title within its respective
jurisdiction. Notwithstanding any other provision of law,
the individual to whom a public advisory opinion is rendered
in accordance with this paragraph, and any other individual
covered by this title who is involved in a fact situation
which is indistinguishable in all material aspects, and who
acts in good faith in accordance with the provisions and
findings of such advisory opinion shall not, as a result of
such act, be subject to any penalty or sanction provided by
this title. (Pub. L. 95-521, Title I, Sec. 106, Oct. 26,
1978, 92 Stat. 1833; Pub. L. 101-194, Title II, Sec. 202,
Nov. 30, 1989, 103 Stat. 1739; Pub. L. 101-280, Sec. 3(1),
(7), May 4, 1990, 104 Stat. 152, 155.)
439.7 Sec. 107. Confidential reports and other additional
requirements.
(a)(1) Each supervising ethics office may require
officers and employees under its jurisdiction (including
special Government employees as defined in section 202 of
title 18, United States Code) to file confidential financial
disclosure reports, in such form as the supervising ethics
office may prescribe. The information required to be
reported under this subsection by the officers and employees
of any department or agency shall be set forth in rules or
regulations prescribed by the supervising ethics office, and
may be less extensive than otherwise required by this title,
or more extensive when determined by the supervising ethics
office to be necessary and appropriate in light of sections
202 through 209 of title 18, United States Code, regulations
promulgated thereunder, or the authorized activities of such
officers or employees. Any individual required to file a
report pursuant to section 101 shall not be required to file
a confidential report pursuant to this subsection, except
with respect to information which is more extensive than
information otherwise required by this title. Subsections
(a), (b), and (d) of section 105 shall not apply with
respect to any such report.
(2) Any information required to be provided by an
individual under this subsection shall be confidential and
shall not be disclosed to the public.
(3) Nothing in this subsection exempts any individual
otherwise covered by the requirement to file a public
financial disclosure report under this title from such
requirement.
(b) The provisions of this title requiring the reporting
of information shall supersede any general requirement under
any other provision of law or regulation with respect to the
reporting of information required for purposes of preventing
conflicts of interest or apparent conflicts of interest.
Such provisions of this title shall not supersede the
requirements of section 7342 of title 5, United States Code.
(c) Nothing in this Act requiring reporting of
information shall be deemed to authorize the receipt of
income, gifts, or reimbursements; the holding of assets,
liabilities, or positions; or the participation in
transactions that are prohibited by law, Executive order,
rule, or regulation. (Pub. L. 95-521, Title I, Sec. 107,
Oct. 26, 1978, 92 Stat. 1834; Pub. L. 96-19, Sec. 9(d), (g),
June 13, 1979, 93 Stat. 42, 43; Pub. L. 101-194, Title II,
Sec. 202 Nov. 30, 1989, 103 Stat. 1740.)
439.8 Sec. 108. Authority of Comptroller General.
(a) The Comptroller General shall have access to
financial disclosure reports filed under this title for the
purposes of carrying out his statutory responsibilities.
(b) No later than December 31, 1992, and regularly
thereafter, the Comptroller General shall conduct a study to
determine whether the provisions of this title are being
carried out effectively. (Pub. L. 95-521, Title I, Sec. 108,
Oct. 26, 1978, 92 Stat. 1835; Pub. L. 96-19, Sec. 9(t), June
13, 1979, 93 Stat. 44; Pub. L. 101-194, Title II, Sec. 202,
Nov. 30, 1989, 103 Stat. 1741.)
439.9 Sec. 109. Definitions.
For the purposes of this title, the term--
(1) ``congressional ethics committees''
means the Select Committee on Ethics of the
Senate and the Committee on Standards of
Official Conduct of the House of
Representatives;
(2) ``dependent child'' means, when used
with respect to any reporting individual, any
individual who is a son, daughter, stepson, or
stepdaughter and who--
(A) is unmarried and under age 21 and is
living in the household of such reporting
individual; or
(B) is a dependent of such reporting
individual within the meaning of section 152
of the Internal Revenue Code of 1986;
(3) ``designated agency ethics official''
means an officer or employee who is designated
to administer the provisions of this title
within an agency;
(4) ``executive branch'' includes each
Executive agency (as defined in section 105 of
title 5, United States Code), other than the
General Accounting Office, and any other entity
or administrative unit in the executive branch;
(5) ``gift'' means a payment, advance,
forbearance, rendering, or deposit of money, or
any thing of value, unless consideration of
equal or greater value is received by the donor,
but does not include--
(A) bequest and other forms of
inheritance;
(B) suitable mementos of a function
honoring the reporting individual;
(C) food, lodging, transportation, and
entertainment provided by a foreign
government within a foreign country or by
the United States Government, the District
of Columbia, or a State or local government
or political subdivision thereof;
(D) food and beverages which are not
consumed in connection with a gift of
overnight lodging;
(E) communications to the offices of a
reporting individual, including
subscriptions to newspapers and periodicals;
or
(F) consumable products provided by
home-State businesses to the offices of a
reporting individual who is an elected
official, if those products are intended for
consumption by persons other than such
reporting individual;
(6) ``honoraria'' has the meaning given such
term in section 505 of this Act;
(7) ``income'' means all income from
whatever source derived, including but not
limited to the following items: compensation for
services, including fees, commissions, and
similar items; gross income derived from
business (and net income if the individual
elects to include it); gains derived from
dealings in property; interest; rents;
royalties; dividends; annuities; income from
life insurance and endowment contracts;
pensions; income from discharge of indebtedness;
distributive share of partnership income; and
income from an interest in an estate or trust;
(8) ``judicial employee'' means any employee
of the judicial branch of the Government, of the
United States Sentencing Commission, of the Tax
Court, of the Claims Court, of the Court of
Appeals for Veterans Claims, or of the United
States Court of Appeals for the Armed Forces,
who is not a judicial officer and who is
authorized to perform adjudicatory functions
with respect to proceedings in the judicial
branch, or who occupies a position for which the
rate of basic pay is equal to or greater than
120 percent of the minimum rate of basic pay
payable for GS-15 of the General Schedule;
(9) ``Judicial Conference'' means the
Judicial Conference of the United States;
(10) ``judicial officer'' means the Chief
Justice of the United States, the Associate
Justices of the Supreme Court, and the judges of
the United States courts of appeals, United
States district courts, including the district
courts in Guam, the Northern Mariana Islands,
and the Virgin Islands, Court of Appeals for the
Federal Circuit, Court of International Trade,
Tax Court, Claims Court, Court of Appeals for
Veterans Claims, United States Court of Appeals
for the Armed Forces, and any court created by
Act of Congress, the judges of which are
entitled to hold office during good behavior;
(11) ``legislative branch'' includes--
(A) the Architect of the Capitol;
(B) the Botanic Gardens;
(C) the Congressional Budget Office;
(D) the General Accounting Office;
(E) the Government Printing Office;
(F) the Library of Congress;
(G) the United States Capitol Police;
(H) the Office of Technology Assessment;
and
(I) any other agency, entity, office, or
commission established in the legislative
branch;
(12) ``Member of Congress'' means a United
States Senator, a Representative in Congress, a
Delegate to Congress, or the Resident
Commissioner from Puerto Rico;
(13) ``officer or employee of the Congress''
means--
(A) any individual described under
subparagraph (B), other than a Member of
Congress or the Vice President, whose
compensation is disbursed by the Secretary
of the Senate or the Chief Administrative
Officer of the House of Representatives;
(B)(i) each officer or employee of the
legislative branch who, for at least 60
days, occupies a position for which the rate
of basic pay is equal to or greater than 120
percent of the minimum rate of basic pay
payable for GS-15 of the General Schedule;
and
(ii) at least one principal assistant
designated for purposes of this paragraph by
each Member who does not have an employee
who occupies a position for which the rate
of basic pay is equal to or greater than 120
percent of the minimum rate of basic pay
payable for GS-15 of the General Schedule;
(14) ``personal hospitality of any
individual'' means hospitality extended for a
nonbusiness purpose by an individual, not a
corporation or organization, at the personal
residence of that individual or his family or on
property or facilities owned by that individual
or his family;
(15) ``reimbursement'' means any payment or
other thing of value received by the reporting
individual, other than gifts, to cover travel-
related expenses of such individual other than
those which are--
(A) provided by the United States
Government, the District of Columbia, or a
State or local government or political
subdivision thereof;
(B) required to be reported by the
reporting individual under section 7342 of
title 5, United States Code; or
(C) required to be reported under
section 304 of the Federal Election Campaign
Act of 1971 (2 U.S.C. 434);
(16) ``relative'' means an individual who is
related to the reporting individual, as father,
mother, son, daughter, brother, sister, uncle,
aunt, great aunt, great uncle, first cousin,
nephew, niece, husband, wife, grandfather,
grandmother, grandson, granddaughter, father-in-
law, mother-in-law, son-in-law, daughter-in-law,
brother-in-law, sister-in-law, stepfather,
stepmother, stepson, stepdaughter, stepbrother,
stepsister, half brother, half sister, or who is
the grandfather or grandmother of the spouse of
the reporting individual, and shall be deemed to
include the fiance or fiancee of the reporting
individual;
(17) ``Secretary concerned'' has the meaning
set forth in section 101(a)(9) of title 10,
United States Code, and, in addition, means--
(A) the Secretary of Commerce, with
respect to matters concerning the National
Oceanic and Atmospheric Administration;
(B) the Secretary of Health and Human
Services, with respect to matters concerning
the Public Health Service; and
(C) the Secretary of State, with respect
to matters concerning the Foreign Service;
(18) ``supervising ethics office'' means--
(A) the Select Committee on Ethics of
the Senate, for Senators, officers and
employees of the Senate, and other officers
or employees of the legislative branch
required to file financial disclosure
reports with the Secretary of the Senate
pursuant to section 103(h) of this title;
(B) the Committee on Standards of
Official Conduct of the House of
Representatives, for Members, officers and
employees of the House of Representatives
and other officers or employees of the
legislative branch required to file
financial disclosure reports with the Clerk
of the House of Representatives pursuant to
section 103(h) of this title;
(C) the Judicial Conference for judicial
officers and judicial employees; and
(D) the Office of Government Ethics for
all executive branch officers and employees;
and
(19) ``value'' means a good faith estimate
of the dollar value if the exact value is
neither known nor easily obtainable by the
reporting individual.
(Pub. L. 95-521, Title I, Sec. 109, Oct. 26, 1978, 92 Stat.
1836; Pub. L. 101-194, Title II, Sec. 202, Nov. 30, 1989,
103 Stat. 1724; Pub. L. 101-280, Sec. 3(1), (8), May 4,
1990, 104 Stat. 152, 155; Pub. L. 102-378, Sec. 4(a)(2),
Oct. 2, 1992, 106 Stat. 1357; Pub. L. 102-572, Title IX,
Sec. 902(b)(2), Oct. 29, 1992, 106 Stat. 4516; Pub. L. 103-
160, Div. A, Title XI, Sec. 1182(d)(3), Nov. 30, 1993, 107
Stat. 1773; Pub. L. 103-337, Div. A, Title IX,
Sec. 924(d)(3), Oct. 5, 1994, 108 Stat. 2832; Pub. L. 104-
186, Title II, Sec. 216(2), Aug. 20, 1996, 110 Stat. 1747.)
439.10 Sec. 110. Notice of actions taken to comply with ethics
agreements.
(a) In any case in which an individual agrees with that
individual's designated agency ethics official, the Office
of Government Ethics, a Senate confirmation committee, a
congressional ethics committee, or the Judicial Conference,
to take any action to comply with this Act or any other law
or regulation governing conflicts of interest of, or
establishing standards of conduct applicable with respect
to, officers or employees of the Government, that individual
shall notify in writing the designated agency ethics
official, the Office of Government Ethics, the appropriate
committee of the Senate, the congressional ethics committee,
or the Judicial Conference, as the case may be, of any
action taken by the individual pursuant to that agreement.
Such notification shall be made not later than the date
specified in the agreement by which action by the individual
must be taken, or not later than three months after the date
of the agreement, if no date for action is so specified.
(b) If an agreement described in subsection (a) requires
that the individual recuse himself or herself from
particular categories of agency or other official action,
the individual shall reduce to writing those subjects
regarding which the recusal agreement will apply and the
process by which it will be determined whether the
individual must recuse himself or herself in a specific
instance. An individual shall be considered to have complied
with the requirements of subsection (a) with respect to such
recusal agreement if such individual files a copy of the
document setting forth the information described in the
preceding sentence with such individual's designated agency
ethics official or the appropriate supervising ethics office
within the time prescribed in the last sentence of
subsection (a). (Pub. L. 101-194, Title II, Sec. 202, Nov.
30, 1989, 103 Stat. 1744, amended Pub. L. 101-280,
Sec. 3(1), May 4, 1990, 104 Stat. 152.)
439.11 Sec. 111. Administration of provisions.
The provisions of this title shall be administered by--
(1) The Director of the Office of Government
Ethics, the designated agency ethics official,
or the Secretary concerned, as appropriate, with
regard to officers and employees described in
paragraphs (1) through (8) of section 101(f);
(2) the Select Committee on Ethics of the
Senate and the Committee on Standards of
Official Conduct of the House of
Representatives, as appropriate, with regard to
officers and employees described in paragraphs
(9) and (10) of section 101(f); and
(3) the Judicial Conference in the case of
an officer or employee described in paragraphs
(11) and (12) of section 101(f).
The Judicial Conference may delegate any authority it has
under this title to an ethics committee established by the
Judicial Conference. (Pub. L. 95-521, Title I, Sec. 111, as
added Pub. L. 101-194, Title II, Sec. 202, Nov. 30, 1989,
103 Stat. 1744, amended Pub. L. 101-280, Sec. 3(1), (9), May
4, 1990, 104 Stat. 152, 157.)
[Sec. 112. Repealed.] (Pub.L. 101-280, Sec. 3(10)(A), May 4,
1990, 104 Stat. 157.)
440 Governmentwide Limitations on Outside Earned Income and
Employment
440.1 Sec. 501. Outside earned income limitation.
(a) Outside earned income limitation.--
(1) Except as provided by paragraph (2), a
Member or an officer or employee who is a
noncareer officer or employee and who occupies a
position classified above GS-15 of the General
Schedule, or in the case of positions not under
the General Schedule, for which the rate of work
pay is equal to or greater than 120 percent of
the minimum rate of basic pay payable for GS-15
of the General Schedule, may not in any calendar
year have outside earned income attributable to
such calendar year which exceeds 15 percent of
the annual rate of basic pay for level II of the
Executive Schedule under section 5313 of title
5, United States Code, as of January 1 of such
calendar year.
(2) In the case of any individual who during
a calendar year becomes a Member or an officer
or employee who is a noncareer officer or
employee and who occupies a position classified
above GS-15 of the General Schedule, or in the
case of positions not under the General
Schedule, for which the rate of work pay is
equal to or greater than 120 percent of the
minimum rate of basic pay payable for GS-15 of
the General Schedule, such individual may not
have outside earned income attributable to the
portion of that calendar year which occurs after
such individual becomes a Member or such an
officer or employee which exceeds 15 percent of
the annual rate of basic pay for level II of the
Executive Schedule under section 5313 of title
5, United States Code, as of January 1 of such
calendar year multiplied by a fraction the
numerator of which is the number of days such
individual is a Member or such officer or
employee during such calendar year and the
denominator of which is 365.
(b) Honoraria prohibition.--An individual may not
receive any honorarium while that individual is a Member,
officer or employee.
(c) Treatment of charitable contributions.--Any
honorarium which, except for subsection (b), might be paid
to a Member, officer or employee, but which is paid instead
on behalf of such Member, officer or employee to a
charitable organization, shall be deemed not to be received
by such Member, officer or employee. No such payment shall
exceed $2,000 or be made to a charitable organization from
which such individual or a parent, sibling, spouse, child,
or dependent relative of such individual derives any
financial benefit. (Pub. L. 95-521, Title V, Oct. 26, 1978,
92 Stat. 1864, as amended Pub. L. 101-194, Title VI
Sec. 601(a), Nov. 30, 1989, 103 Stat. 1760; Pub. L. 101-280,
Sec. 7(a), May 4, 1990, 104 Stat. 161; Pub. L. 102-378,
Sec. 4(b)(1), (2), Oct. 2, 1992, 106 Stat. 1357.)
440.2 Sec. 502. Limitations on outside employment.
(a) Limitations.--A Member or an officer or employee who
is a noncareer officer or employee and who occupies a
position classified above GS-15 of the General Schedule, or
in the case of positions not under the General Schedule, for
which the rate of basic pay is equal to or greater than 120
percent of the minimum rate of basic pay payable for GS-15
of the General Schedule, shall not--
(1) receive compensation for affiliating
with or being employed by a firm, partnership,
association, corporation, or other entity which
provides professional services involving a
fiduciary relationship;
(2) permit that Member's, officer's or
employee's name to be used by any such firm,
partnership, association, corporation, or other
entity;
(3) receive compensation for practicing a
profession which involves a fiduciary
relationship;
(4) serve for compensation as an officer or
member of the board of any association,
corporation, or other entity; or
(5) receive compensation for teaching,
without the prior notification and approval of
the appropriate entity referred to in section
503.
(b) Teaching compensation of justices and judges retired
from regular active service.--For purposes of the limitation
under section 501(a), any compensation for teaching approved
under subsection (a)(5) of this section shall not be treated
as outside earned income--
(1) when received by a justice of the United
States retired from regular active service under
section 371(b) of title 28, United States Code;
(2) when received by a judge of the United
States retired from regular active service under
section 371(b) of title 28, United States Code,
for teaching performed during any calendar year
for which such judge has met the requirements of
subsection (f) of section 371 of title 28,
United States Code, as certified in accordance
with such subsection; or
(3) when received by a justice or judge of
the United States retired from regular active
service under section 372(a) of title 28, United
States Code.
(Pub. L. 95-521, Title V, Oct. 26, 1978, 92 Stat. 1864, as
amended Pub. L. 101-194, Title VI Sec. 601(a), Nov. 30,
1989, 103 Stat. 1760; Pub. L. 101-280, Sec. 7(a)(1),(b), May
4, 1990, 104 Stat. 161; Pub. L. 101-650, Title III,
Sec. 319, Dec. 1, 1990, 104 Stat. 5117; Pub. L. 102-198,
Sec. 6, Dec. 9, 1991, 105 Stat. 1624; Pub. L. 102-378,
Sec. 4(b) (1), (2), Oct. 2, 1992, 106 Stat. 1357.)
440.3 Sec. 503. Administration.
This title shall be subject to the rules and regulations
of--
(1) and administered by--
(A) the Committee on Standards of
Official Conduct of the House of
Representatives, with respect to Members,
officers, and employees of the House of
Representatives; and
(B) in the case of Senators and
legislative branch officers and employees
other than those officers and employees
specified in subparagraph (A), the committee
to which reports filed by such officers and
employees under title I are transmitted
under such title, except that the authority
of this section may be delegated by such
committee with respect to such officer and
employees;
(2) the Office of Government Ethics and
administered by designated agency ethics
officials with respect to officers and employees
of the executive branch; and
(3) and administered by the Judicial
Conference of the United States (or such other
agency as it may designate) with respect to
officers and employees of the judicial branch.
(Pub. L. 95-521, Title V, Oct. 26, 1978, 92
Stat. 1864, as amended Pub. L. 101-194, Title
VI, Sec. 601(a), Nov. 30, 1989, 103 Stat. 1761;
Pub. L. 101-280, Sec. 7(c), May 4, 1990, 104
Stat. 161; Pub. L. 102-90, Title I,
Sec. 6(b)(1), Aug. 14, 1991, 105 Stat. 450.)
440.4 Sec. 504. Civil penalties.
(a) Civil action.--The Attorney General may bring a
civil action in any appropriate United States district court
against any individual who violates any provision of section
501 or 502. The court in which such action is brought may
assess against such individual a civil penalty of not more
than $10,000 or the amount of compensation, if any, which
the individual received for the prohibited conduct,
whichever is greater.
(b) Advisory opinions.--Any entity described in section
503 may render advisory opinions interpreting this title, in
writing, to individuals covered by this title. Any
individual to whom such an advisory opinion is rendered and
any other individual covered by this title who is involved
in a fact situation which is indistinguishable in all
material aspects, and who, after the issuance of such
advisory opinion, acts in good faith in accordance with its
provisions and findings shall not, as a result of such
actions, be subject to any sanction under subsection (a).
(Pub. L. 95-521, Title V, Oct. 26, 1978, 92 Stat. 1864, as
amended Pub. L. 101-194, Title VI, Sec. 601(a), Nov. 30,
1989, 103 Stat. 1761.)
440.5
Sec.
440.5 Sec. 505. Definitions.
For purposes of this title:
(1) The term ``Member'' means a Senator in,
a Representative in, or a Delegate or Resident
Commissioner to, the Congress.
(2) The term ``officer or employee'' means
an officer or employee of the Government except
any special Government employee (as defined in
section 202 of title 18, United States Code).
(3) The term ``honorarium'' means a payment
of money or anything of value for an appearance,
speech or article (including a series of
appearances, speeches, or articles if the
subject matter is directly related to the
individual's official duties or the payment is
made because of the individual's status with the
Government) by a Member, officer or employee,
excluding any actual and necessary travel
expenses incurred by such individual (and one
relative) to the extent that such expenses are
paid or reimbursed by any other person, and the
amount otherwise determined shall be reduced by
the amount of any such expenses to the extent
that such expenses are not paid or reimbursed.
(4) The term ``travel expenses'' means, with
respect to a Member, officer or employee, or a
relative of any such individual, the cost of
transportation, and the cost of lodging and
meals while away from his or her residence or
principal place of employment.
(5) The term ``charitable organization''
means an organization described in section
170(c) of the Internal Revenue Code of 1986.
(Pub. L. 95-521, Title V, Oct. 26, 1978, 92 Stat. 1864, as
amended Pub. L. 101-194, Title VI, Sec. 601(a), Nov. 30,
1989, 103 Stat. 1761; Pub. L. 102-90, Title I, Sec. 6(b)(2),
(3), Title III, Sec. 314(b), Aug. 14, 1991, 105 Stat. 450,
469.)
10 u.s.c.--armed forces
general and permanent laws relating to the senate
TITLE 10.--ARMED FORCES
Chapter 2.--DEPARTMENT OF DEFENSE
* * * * * * *
441 Sec. 114. Annual authorization of appropriations.
(a) No funds may be appropriated for any fiscal year to
or for the use of any armed forces or obligated or expended
for--
(1) procurement of aircraft, missiles, or
naval vessels;
(2) any research, development, test, or
evaluation, or procurement or production related
thereto;
(3) procurement of tracked combat vehicles;
(4) procurement of other weapons;
(5) procurement of naval torpedoes and
related support equipment;
(6) military construction;
(7) the operation and maintenance of any
armed force or of the activities and agencies of
the Department of Defense (other than the
military departments);
(8) procurement of ammunition; or
(9) other procurement by any armed force or
by the activities and agencies of the Department
of Defense (other than the military
departments);
unless funds therefore have been specifically authorized by
law.
(b) In subsection (a)(6), the term ``military
construction'' includes any construction, development,
conversion, or extension of any kind which is carried out
with respect to any military facility or installation
(including any Government-owned or Government-leased
industrial facility used for the production of defense
articles and any facility to which section 2353 of this
title applies), any activity to which section 2807 of this
title applies, any activity to which chapter 1803 of this
title applies, and advances to the Secretary of
Transportation for the construction of defense access roads
under section 210 of title 23. Such term does not include
any activity to which section 2821 or 2854 of this title
applies.
(c)(1) The size of the Special Defense Acquisition Fund
established pursuant to chapter 5 of the Arms Export Control
Act (22 U.S.C. 2795 et seq.) may not exceed $1,070,000,000.
(2) Notwithstanding section 37(a) of the Arms Export
Control Act (22 U.S.C. 2777(a)), amounts received by the
United States pursuant to subparagraph (A) of section
21(a)(1) of that Act (22 U.S.C. 2761(a)(1)--
(A) shall be credited to the Special Defense
Acquisition Fund established pursuant to chapter
5 of that Act (22 U.S.C. 2795 et seq.), as
authorized by section 51(b)(1) of that Act (22
U.S.C. 2795(b)(1)), but subject to the
limitation in paragraph (1) and other applicable
law; and
(B) to the extent not so credited, shall be
deposited in the Treasury as miscellaneous
receipts as provided in section 3302(b) of title
31.
(d) Funds may be appropriated for the armed forces for
use as an emergency fund for research, development, test,
and evaluation, or related procurement or production, only
if the appropriation of the funds is authorized by law after
June 30, 1966.
(e) In each budget submitted by the President to
Congress under section 1105 of title 31, amounts requested
for procurement of equipment for the reserve components of
the armed forces (including the National Guard) shall be set
forth separately from other amounts requested for
procurement for the armed forces.
(f) In each budget submitted by the President to
Congress under section 1105 of title 31, amounts requested
for procurement of ammunition for the Navy and Marine Corps,
and for procurement of ammunition for the Air Force, shall
be set forth separately from other amounts requested for
procurement.
(Added Nov. 16, 1973, P.L. 93-155, Title VIII, Sec. 803(a),
87 Stat. 612; Oct. 7, 1975, P.L. 94-106, Title VIII,
Sec. 801(a), 89 Stat. 537; July 14, 1976, P.L. 94-361, Title
III, Sec. 302, 90 Stat. 924; Nov. 9, 1979, P.L. 96-107,
Title III, Sec. 303(b), 93 Stat. 806; Sept. 8, 1980, P.L.
96-342, Title X, Sec. 1001(a)(1), (b), (c), (d)(1), 94 Stat.
1117; Dec. 12, 1980, P.L. 96-513, Title I, Sec. 102, Title
V, Part B, Sec. 511(4), 94 Stat. 2840, 2920; July 10, 1981,
P.L. 97-22, Sec. 2(b), 95 Stat. 124; Dec. 1, 1981, P.L. 97-
86, Title III, Sec. 302, Title IX, Sec. Sec. 901(a), 902,
903, 95 Stat. 1104, 1113; Dec. 29, 1981, P.L. 97-113, Title
I, Sec. 108(b), 95 Stat. 1524; July 12, 1982, P.L. 97-214,
Sec. 4, 96 Stat. 170; Sept. 8, 1982, P.L. 97-252, Title IV,
Sec. 402(a), Title XI, Sec. Sec. 1103, 1105, 96 Stat. 725,
738; Oct. 12, 1982, P.L. 97-295, Sec. 1(3), (4), 96 Stat.
1289; Oct. 19, 1984, P.L. 98-525, Title XIV, Sec. 1405(2),
98 Stat. 2621; Nov. 8, 1985, P.L. 99-145, Title XII, Part A,
Sec. 1208, Title XIV, Part A, Sec. 1403, 99 Stat. 723, 743;
Oct. 1, 1986, P.L. 99-433, Title I, Sec. Sec. 101(a)(2) in
part, 110(b), 100 Stat. 994, 1002; Nov. 14, 1986, P.L. 99-
661, Div. A, Title I, Part A, Sec. 105(d), Title XIII, Part
A, Sec. 1304(a), 100 Stat. 3827, 3979; Apr. 21, 1987, P.L.
100-26, Sec. 7(j)(1), 101 Stat. 282; Dec. 4, 1987, P.L. 100-
180, Div. A, Title XII, Part A, Sec. 1203, 101 Stat. 1154;
Nov. 29, 1989, P.L. 101-189, Div. A, Title XVI, Part A,
Sec. 1602(b), 103 Stat. 1597; Nov. 5, 1990, P.L. 101-510,
Div. A, Title XIV, Part H, Sec. 1481(a)(1), 104 Stat. 1704;
Feb. 10, 1996, P.L. 104-106, Div. A, Title XV,
Sec. 1501(c)(2), 110 Stat. 498; Sept. 23, 1996, P.L. 104-
201, Div. A, Title X, Subtitle A, Sec. 1005, 110 Stat.
2632.)
441.1 Sec. 115. Personnel strengths: requirement for annual
authorization.
(a) Congress shall authorize personnel strength levels
for each fiscal year for each of the following:
(1) The end strength for each of the armed
forces (other than the Coast Guard) for (A)
active-duty personnel who are to be paid from
funds appropriated for active-duty personnel,
and (B) active-duty personnel and full-time
National Guard duty personnel who are to be paid
from funds appropriated for reserve personnel.
(2) The end strength for the Selected
Reserve of each reserve component of the armed
forces.
(b) No funds may be appropriated for any fiscal year to
or for--
(1) the use of active-duty personnel or
full-time National Guard duty personnel of any
of the armed forces (other than the Coast Guard)
unless the end strength for such personnel of
that armed force for that fiscal year has been
authorized by law; or
(2) the use of the Selected Reserve of any
reserve component of the armed forces unless the
end strength for the Selected Reserve of that
component for that fiscal year has been
authorized by law.
(c) Upon determination by the Secretary of Defense that
such action is in the national interest, the Secretary may--
(1) increase the end strength authorized
pursuant to subsection (a)(1)(A) for a fiscal
year for any of the armed forces by a number
equal to not more than 1 percent of that end
strength; and
(2) increase the end strength authorized
pursuant to subsection (a)(1)(B) for a fiscal
year for any of the armed forces by a number
equal to not more than 2 percent of that end
strength.
(3) vary the end strength authorized
pursuant to subsection (a)(2) for a fiscal year
for the Selected Reserve of any of the reserve
components by a number equal to not more than 2
percent of that end strength.
(d) In counting active-duty personnel for the purpose of
the end-strengths authorized pursuant to subsection (a)(1),
persons in the following categories shall be excluded:
(1) Members of the Ready Reserve ordered to
active duty under section 12302 of this title.
(2) Members of the Selected Reserve of the
Ready Reserve ordered to active duty under
section 12304 of this title.
(3) Members of the National Guard called
into Federal service under section 12406 of this
title.
(4) Members of the militia called into
Federal service under chapter 15 of this title.
(5) Members of reserve components on active
duty for training.
(6) Members of reserve components on active
duty for 180 days or less to perform special
work.
(7) Members on full-time National Guard duty
for 180 days or less.
(8) Members of the Selected Reserve of the
Ready Reserve on active duty for more that
[than] 180 days to support programs described in
section 1203(b) of the Cooperative Threat
Reduction Act of 1993 (title XII of Public Law
103-160; 22 U.S.C. 5952(b)).
(e) The authorized strength of the Navy under subsection
(a)(1) is increased by the authorized strength of the Coast
Guard during any period when the Coast Guard is operating as
a service in the Navy.
(f) [Deleted]
(g) Congress shall authorize for each fiscal year the
end strength for military technicians (dual status) for each
reserve component of the Army and Air Force. Funds available
to the Department of Defense for any fiscal year may not be
used for the pay of a military technician (dual status)
during that fiscal year unless the technician fills a
position that is within the number of such positions
authorized by law for that fiscal year for the reserve
component of that technician. This subsection applies
without regard to section 129 of this title. In each budget
submitted by the President to Congress under section 1105 of
title 31, the end strength requested for military
technicians (dual status) for each reserve component of the
Army and Air Force shall be specifically set forth. (Added
Nov. 5, 1990, P.L. 101-510, Div. A, Title XIV, Part H,
Sec. 1483(a), 104 Stat. 1710; Dec. 5, 1991, P.L. 102-190,
Div. A, Title III, Part B, Sec. 312(a), 105 Stat. 1335; Feb.
10, 1996, P.L. 104-106, Div. A, Title IV, Subtitle A,
Sec. 401(c), Subtitle B, Sec. 415, Title V, Subtitle B,
Sec. 513(a)(1), Title X, Subtitle F, Sec. 1061(c), Title XV,
Sec. 1501(c)(3), 110 Stat. 286, 288, 305, 442, 498; Nov. 18,
1997, P.L. 105-85, Div. A, Title IV, Subtitle B,
Sec. 413(b), Subtitle C, Sec. 522(i)(1), 111 Stat. 1720,
1736.)
441.1a Sec. 115a. Annual manpower requirements report.
(a) The Secretary of Defense shall submit to Congress an
annual manpower requirements report. The report, which shall
be in writing, shall be submitted each year not later than
45 days after the date on which the President submits to
Congress the budget for the next fiscal year under section
1105 and of title 31. The report shall contain the
Secretary's recommendations for--
(1) the annual active-duty end-strength
level for each component of the armed forces for
the next fiscal year; and
(2) the annual civilian personnel end-
strength level for each component of the
Department of Defense for the next fiscal year.
(b)(1) The Secretary shall include in each report under
subsection (a) justification for the strength levels
recommended and an explanation of the relationship between
the personnel strength levels recommended for that fiscal
year and the national security policies of the United States
in effect at the time.
(2) The justification and explanation shall specify in
detail for all major military force units (including each
land force division, carrier and other major combatant
vessel, air wing, and other comparable unit) the following:
(A) Unit mission and capability.
(B) Strategy which the unit supports.
(3) The justification and explanation shall also specify
in detail the manpower required to perform the medical
missions of each of the armed forces and of the Department
of Defense.
(c) The Secretary shall include in each report under
subsection (a) a detailed discussion of the following:
(1) The manpower required for support and
overhead functions within the armed forces and
the Department of Defense.
(2) The relationship of the manpower
required for support and overhead functions to
the primary combat missions and support
policies.
(3) The manpower required to be stationed or
assigned to duty in foreign countries and abroad
vessels located outside the territorial limits
of the United States, its territories, and
possessions.
(d) The Secretary shall also include in each such
report, with respect to each armed force under the
jurisdiction of the Secretary of a military department, the
following:
(1) The number of positions that require
warrant officers or commissioned officers
serving on active duty in each of the officer
grades during the current fiscal year and the
estimated number of such positions for each of
the next five fiscal years.
(2) The estimated number of officers that
will be serving on active duty in each grade on
the last day of the current fiscal year and the
estimated numbers of officers that will be
needed on active duty on the last day of each of
the next five fiscal years.
(3) An estimate and analysis for the current
fiscal year and for each of the next five fiscal
years of gains to and losses from the number of
members on active duty in each officer grade,
including a tabulation of--
(A) retirements displayed by year of
active commissioned service;
(B) discharges;
(C) other separations;
(D) deaths;
(E) promotions; and
(F) reserve and regular officers ordered
to active duty.
(e)(1) In each such report, the Secretary shall also
include recommendations for the end-strength levels for
medical personnel for each component of the armed forces as
of the end of the next fiscal year.
(2) For purposes of this subsection, the term ``medical
personnel'' includes--
(A) in the case of the Army, members of the
Medical Corps, Dental Corps, Nurse Corps,
Medical Service Corps, Veterinary Corps, and
Army Medical Specialist Corps;
(B) in the case of the Navy, members of the
Medical Corps, Dental Corps, Nurse Corps, and
Medical Service Corps;
(C) in the case of the Air Force, members
designated as medical officers, dental officers,
Air Force nurses, medical service officers, and
biomedical science officers;
(D) enlisted members engaged in or
supporting medically related activities; and
(E) such other personnel as the Secretary
considers appropriate.
(f) [Deleted]
(g) [Redesignated]
(h) In each such report, the Secretary shall include a
separate report on the Army and Air Force military
technician programs. The report shall include a
presentation, shown by reserve component and shown both as
of the end of the preceding fiscal year and for the next
fiscal year, of the following (displayed in the aggregate
and separately for military technicians (dual status) and
non-dual status military technicians):
(1) The number of military technicians
required to be employed (as specified in
accordance with Department of Defense
procedures), the number authorized to be
employed under Department of Defense personnel
procedures, and the number actually employed.
(2) Within each of the numbers under
paragraph (1)--
(A) the number applicable to a reserve
component management headquarter
organization; and
(B) the number applicable to high-
priority units and organizations (as
specified in section 10216(a) of this
title).
(Added Nov. 5, 1990, P.L. 101-510, Div. A, Title XIV, Part
H, Sec. 1483(a), 104 Stat. 1711; Dec. 5, 1991, P.L. 102-190,
Div. A, Title X, Part E, Sec. 1061(a)(1), 105 Stat. 1472;
Feb. 10, 1996, P.L. 104-106, Div. A, Title V, Subtitle B,
Sec. 513(e), Title X, Subtitle F, Sec. 1061(d), 110 Stat.
307, 442; Nov. 18, 1997, P.L. 105-85, Div. A, Title V,
Subtitle C, Sec. 522(i)(2), 111 Stat. 1736; Oct. 17, 1998,
P.L. 105-261, Div. A, Title IV, Subtitle A, Sec. 403, 112
Stat. 1996.)
441.2 Sec. 116. Annual operations and maintenance report.
(a)(1) The Secretary of Defense shall submit to Congress
a written report, not later than February 15 of each fiscal
year, with respect to the operations and maintenance of the
Army, Navy, Air Force, and Marine Corps for the next fiscal
year. The Secretary shall include in each such report
recommendations for--
(A) the number of aircraft flying hours for
the Army, Navy, Air Force, and Marine Corps for
the next fiscal year, the number of ship
steaming hours for the Navy for the next fiscal
year, and the number of field training days for
the combat arms battalions of the Army and
Marine Corps for the next fiscal year;
(B) the number of ships over 3,000 tons
(full load displacement) in each Navy ship
classification on which major repair work should
be performed during the next fiscal year; and
(C) the number of airframe reworks, aircraft
engine reworks, and vehicle overhauls which
should be performed by the Army, Navy, Air
Force, and Marine Corps during the next fiscal
year.
(2) The Secretary shall also include in each such report
the justification for and an explanation of the level of
funding recommended in the Budget of the President for the
next fiscal year for aircraft flying hours, ship steaming
hours, field training days for the combat arms battalions,
major repair work to be performed on ships of the navy,
airframe reworks, aircraft engine reworks, and vehicle
overhauls.
(b) In this section:
(1) The term ``combat arms battalions''
means armor, infantry, mechanized infantry, air
assault infantry, airborne infantry, ranger,
artillery, and combat engineer battalions and
armored cavalry and air cavalry squadrons.
(2) The term ``major repair work'' means, in
the case of any ship to which subsection (a) is
applicable, any overhaul, modification,
alteration, or conversion work which will result
in a total cost to the United States of more
than $10,000,000.
(Added Sept. 8, 1980, P.L. 96-342, Title X, Sec. 1001(b)(3),
(c)(2), 94 Stat. 1118; Dec. 12, 1980, P.L. 96-513, Title V,
Sec. 511(4)(B), 94 Stat. 2920; Dec. 1, 1981, P.L. 97-86,
Title III, Sec. 302, 95 Stat. 1104; Oct. 1, 1986, P.L. 99-
433, Title I, Sec. Sec. 101(a)(2), 110(b)(6), (7), (9),
(10), 100 Stat. 994, 1002; Nov. 18, 1997, P.L. 105-85, Div.
A, Title X, Subtitle G, Sec. 1073(a)(3), 111 Stat. 1900.)
441.2a Sec. 119. Special access programs: congressional oversight.
(a)(1) Not later than March 1 of each year, the
Secretary of Defense shall submit to the defense committees
a report on special access programs.
(2) Each such report shall set forth--
(A) the total amount requested for special
access programs of the Department of Defense in
the President's budget for the next fiscal year
submitted under section 1105 of title 31; and
(B) for each program in that budget that is
a special access program--
(i) a brief description of the program;
(ii) a brief discussion of the major
milestones established for the program;
(iii) the actual cost of the program for
each fiscal year during the program has been
conducted before the fiscal year during
which that budget is submitted; and
(iv) the estimated total cost of the
program and the estimated cost of the
program for (I) the current fiscal year,
(II) the fiscal year for which the budget is
submitted, and (III) each of the four
succeeding fiscal years during which the
program is expected to be conducted.
(3) In the case of a report under paragraph (1)
submitted in a year during which the President's budget for
the next fiscal year, because of multiyear budgeting for the
Department of Defense, does not include a full budget
request for the Department of Defense, the report required
by paragraph (1) shall set forth--
(A) the total amount already appropriated
for the next fiscal year for special access
programs of the Department of Defense and any
additional amount requested in that budget for
such programs for such fiscal year; and
(B) for each program of the Department of
Defense that is a special access program, the
information specified in paragraph (2)(B).
(B)(1) Not later than February 1 of each year, the
Secretary of Defense shall submit to the defense committees
a report that, with respect to each new special access
program, provides--
(A) notice of the designation of the program
as a special access program; and
(B) justification for such designation.
(2) A report under paragraph (1) with respect to a
program shall include--
(A) the current estimate of the total
program cost for the program; and
(B) an identification of existing programs
or technologies that are similar to the
technology, or that have a mission similar to
the mission, of the program that is the subject
of the notice.
(3) In this subsection, the term ``new special access
program'' means a special access program that has not
previously been covered in a notice and justification under
this subsection.
(c)(1) Whenever a change in the classification of a
special access program of the Department of Defense is
planned to be made or whenever classified information
concerning a special access program of the Department of
Defense is to be declassified and made public, the Secretary
of Defense shall submit to the defense committees a report
containing a description of the proposed change, the reasons
for the proposed change, and notice of any public
announcement planned to be made with respect to the proposed
change.
(2) Except as provided in paragraph (3), any report
referred to in paragraph (1) shall be submitted not less
than 14 days before the date on which the proposed change or
public announcement is to occur.
(3) If the Secretary determines that because of
exceptional circumstances the requirement of paragraph (2)
cannot be met with respect to a proposed change or public
announcement concerning a special access program of the
Department of Defense, the Secretary may submit the report
required by paragraph (1) regarding the proposed change or
public announcement at any time before the proposed change
or public announcement is made and shall include in the
report an explanation of the exceptional circumstances.
(d) Whenever there is a modification or termination of
the policy and criteria used for designating a program of
the Department of Defense as a special access program, the
Secretary of Defense shall promptly notify the defense
committees of such modification or termination. Any such
notification shall contain the reasons for the modification
or termination and, in the case of a modification, the
provisions of the policy as modified.
(e)(1) The Secretary of Defense may waive any
requirement under subsection (a), (b), or (c) that certain
information be included in a report under that subsection if
the Secretary determines that inclusion of that information
in the report would adversely affect the national security.
Any such waiver shall be made on a case-by-case basis.
(2) If the Secretary exercises the authority provided
under paragraph (1), the Secretary shall provide the
information described in that subsection with respect to the
special access program concerned, and the justification for
the waiver, jointly to the chairman and ranking minority
member of each of the defense committees.
(f) A special access program may not be initiated
until--
(1) the defense committees are notified of
the program; and
(2) a period of 30 days elapses after such
notification is received.
(g) In this section, the term ``defense committees''
means--
(1) the Committee on Armed Services and the
Committee on Appropriations, and the Defense
Subcommittee of the Committee on Appropriations,
of the Senate; and
(2) the Committee on National Security and
the Committee on Appropriations, and the
National Security Subcommittee of the Committee
on Appropriations, of the House of
Representatives. (Added Dec. 4, 1987, P.L. 100-
180, Div. A, Title XI, Part D, Sec. 1132(a)(1),
101 Stat. 1151; Nov. 5, 1990, P.L. 101-510, Div.
A, Title XIV, Part F, Sec. 1461, Part H,
Sec. 1482(a), 104 Stat. 1698, 1709; Feb. 10,
1996, P.L. 104-106, Div. A, Title X, Subtitle E,
Sec. 1055, Title XV, Sec. 1502(a)(4), 110 Stat.
442, 502; Pub. L. 106-65, Div. A, Title X,
Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)
Chapter 9.--DEFENSE BUDGET MATTERS
441.2b Sec. 221. Future-years defense program; submission to
Congress; consistency in budgeting.
(a) The Secretary of Defense shall submit to Congress
each year, at or about the time that the President's budget
is submitted to Congress that year under section 1105(a) of
title 31, a future-years defense program (including
associated annexes) reflecting the estimated expenditures
and proposed appropriations included in that budget. Any
such future-years defense program shall cover the fiscal
year with respect to which the budget is submitted and at
least the four succeeding fiscal years.
(b)(1) The Secretary of Defense shall ensure that
amounts described in subparagraph (A) of paragraph (2) for
any fiscal year are consistent with amounts described in
subparagraph (B) of paragraph (2) for that fiscal year.
(2) Amounts referred to in paragraph (1) are the
following:
(A) The amounts specified in program and
budget information submitted to Congress by the
Secretary in support of expenditure estimates
and proposed appropriations in the budget
submitted to Congress by the President under
section 1105(a) of title 31 for any fiscal year,
as shown in the future-years defense program
submitted pursuant to subsection (a).
(B) The total amounts of estimated
expenditures and proposed appropriations
necessary to support the programs, projects, and
activities of the Department of Defense included
pursuant to paragraph (5) of section 1105(a) of
title 31 in the budget submitted to Congress
under that section for any fiscal year.
(c) Nothing in this section shall be construed to
prohibit the inclusion in the future-years defense program
of amounts for management contingencies, subject to the
requirements of subsection (b). (Added Pub. L. 101-189,
Sec. 1602(a)(1), Nov. 29, 1989, 103 Stat. 1596; amended Pub.
L. 101-510, Sec. 1402(a), Nov. 5, 1990, 104 Stat. 1674;
renumbered Sec. 221 and amended Pub. L. 102-484,
Sec. 1002(c), Oct. 23, 1992, 106 Stat. 2480.)
441.2c Sec. 222. Future-years mission budget.
(a) Future-years mission budget.--The Secretary of Defense
shall submit to Congress for each fiscal year a future-
years mission budget for the military programs of the
Department of Defense. That budget shall be submitted
for any fiscal year not later than 60 days after the
date on which the President's budget for that fiscal
year is submitted to Congress pursuant to section 1105
of title 31.
(b) Consistency with future-years defense program.--The
future-years mission budget shall be consistent with the
future-years defense program required under section 221
of this title. In the future-years mission budget, the
military programs of the Department of Defense shall be
organized on the basis of major roles, missions, or
forces of the Department of Defense.
(c) Relationship to other defense budget formats.--The
requirement in subsection (a) is in addition to the
requirements in any other provision of law regarding the
format for the presentation regarding military programs
of the Department of Defense in the budget submitted
pursuant to section 1105 of title 31 for any fiscal
year. (Added Oct. 23, 1992, P.L. 102-484, Div. A, Title
X, Subtitle A, Sec. 1002(a)(2), 106 Stat. 2480; Oct. 5,
1994, P.L. 103-337, Div. A, Title X, Subtitle A,
Sec. 1004, 108 Stat. 2834.)
441.2d Sec. 226. Scoring of outlays.
(a) Annual OMB/CBO report.--Not later than December 15 of
each year, the Director of the Office of Management and
Budget and the Director of the Congressional Budget
Office shall submit to the Speaker of the House of
Representatives and the Committees on Armed Services,
Appropriations, and the Budget of the Senate a joint
report containing an agreed resolution of all
differences between--
(1) the technical assumptions to be used by
the Office of Management and Budget in preparing
estimates with respect to all accounts in major
functional category 050 (National Defense) for
the budget to be submitted to Congress in the
following year pursuant to section 1105 of title
31 and
(2) the technical assumptions to be used by
the Congressional Budget Office in preparing
estimates with respect to those accounts for
that budget.
(b) Use of averages.--If the two Directors are unable to
agree upon any technical assumption, the report shall
reflect the average of the relevant outlay rates or
assumptions used by the two offices.
(c) Matters to be included.--The report with respect to a
budget shall identify the following:
(1) The agreed first-year and outyear outlay
rates for each account in budget function 050
(National Defense) for each fiscal year covered
by the budget.
(2) The agreed amount of outlays estimated
to occur from unexpended appropriations made for
fiscal years before the fiscal year that begins
after submission of the report.
(Added Pub. L. 102-190, Div. A, Title X, Sec. 1002(a)(1),
Dec. 5, 1991, 105 Stat. 1455, Sec. 221; renumbered Sec. 226,
Pub. L. 102-484, Div. A, Title X, Sec. 1002(a)(1), Oct. 23,
1992, 106 Stat. 2480; amended Pub. L. 103-160, Sec. 1104,
Nov. 30, 1993, 107 Stat. 1749.)
* * * * * * *
Chapter 403.--UNITED STATES MILITARY ACADEMY
441.5 Sec. 4342. Cadets: appointments; numbers, territorial
distribution.
(a) The authorized strength of the Corps of Cadets of
the Academy (determined for any year as of the day before
the last day of the academic year) is 4,000. Subject to that
limitation, cadets are selected as follows:
(1) 65 cadets selected in order of merit as
established by competitive examinations from the
children of members of the armed forces who were
killed in action or died of, or have a service-
connected disability rated at not less than 100
per centum resulting from wounds or injuries
received or diseases contracted in, or
preexisting injury or disease aggravated by,
active service, children of members who are in a
``missing status'' as defined in section 551(2)
of title 37, and children of civilian employees
who are in ``missing status'' as defined in
section 5561(5) of title 5. The determination of
the Department of Veterans Affairs as to service
connection of the cause of death or disability,
and the percentage at which the disability is
rated is binding upon the Secretary of the Army.
(2) Five cadets nominated at large by the
Vice President or, if there is no Vice
President, by the President pro tempore of the
Senate.
(3) Ten cadets from each State, five of whom
are nominated by each Senator from that State.
(4) Five cadets from each congressional
district, nominated by the Representative from
the district.
(5) Five cadets from the District of
Columbia, nominated by the Delegate to the House
of Representatives from the District of
Columbia.
(6) Two cadets from the Virgin Islands,
nominated by the Delegate in Congress from the
Virgin Islands.
(7) Six cadets from Puerto Rico, five of
whom are nominated by the Resident Commissioner
from Puerto Rico and one who is a native of
Puerto Rico nominated by the Governor of Puerto
Rico.
(8) Two cadets from Guam, nominated by the
Delegate in Congress from Guam.
(9) One cadet from American Samoa, nominated
by the Delegate in Congress from American Samoa.
(10) One cadet from the Commonwealth of the
Northern Mariana Islands, nominated by the
resident representative from the commonwealth.
Each Senator, Representative, and Delegate in Congress,
including the Resident Commissioner from Puerto Rico, is
entitled to nominate 10 persons for each vacancy that is
available to him under this section. Nominees may be
submitted without ranking or with a principal candidate and
9 ranked or unranked alternates. Qualified nominees not
selected for appointment under this subsection shall be
considered qualified alternates for the purposes of
selection under other provisions of this chapter.
(b) In addition, there may be appointed each year at the
Academy cadets as follows:
(1) one hundred selected by the President
from the children of members of an armed force
who--
(A) are on active duty (other than for
training and who served continuously on
active duty for at least eight years;
(B) are, or who died while they were,
retired with pay or granted retired or
retainer pay, other than those granted
retired pay under section 12731 of this
title (or under section 1331 of this title
as in effect before the effective date of
the Reserve Officer Personnel Management
Act);
however, a person who is eligible for selection
under clause (1) of subsection (a) may not be
selected under this clause.
(2) 85 nominated by the Secretary of the
Army from enlisted members of the Regular Army.
(3) 85 nominated by the Secretary of the
Army from enlisted members of reserve components
of the Army.
(4) 20 nominated by the Secretary of the
Army, under regulations prescribed by him, from
the honor graduates of schools designated as
honor schools by the Department of the Army, the
Department of the Navy, or the Department of the
Air force, and from members of the Reserve
Officers' Training Corps.
(5) 150 selected by the Secretary of the
Army in order of merit (prescribed pursuant to
section 4343 of this title) from qualified
alternates nominated by persons named in clauses
(3) and (4) of subsection (a).
(c) The President may also appoint as cadets at the
Academy children of persons who have been awarded the Medal
of Honor for acts performed while in the armed forces.
(d) The Superintendent may nominate each year 50 persons
from the country at large. Persons nominated under this
paragraph may not displace any appointment authorized under
clauses (2) through (9) of subsection (a) and may not cause
the total strength of the Corps of Cadets to exceed the
authorized number.
(e) If the annual quota of cadets under subsection
(b)(1), (2), (3) is not filled, the Secretary may fill the
vacancies by nominating for appointment other candidates
from any of these sources who were found best qualified on
examination for admission and not otherwise nominated.
(f) Each candidate for admission nominated under clauses
(3) through (9) and (10) of subsection (a) must be domiciled
in the State, or in the congressional district, from which
he is nominated, or in the District of Columbia, Puerto
Rico, American Samoa, Guam, or the Virgin Islands, if
nominated from one of those places.
(g) The Secretary of the Army may limit the number of
cadets authorized to be appointed under this section to the
number that can be adequately accommodated at the Academy,
as determined by the Secretary after consulting with the
Committee on Armed Services of the Senate and the Committee
on Armed Services of the House of Representatives, subject
to the following:
(1) Cadets chargeable to each nominating
authority named in subsection (a) (3) or (4) may
not be limited to less than four.
(2) If the Secretary limits the number of
appointments under subsection (a) (3) or (4),
appointments under subsection (b)(1)-(4) are
limited as follows:
(A) 27 appointments under subsection
(b)(1);
(B) 27 appointments under subsection
(b)(2);
(C) 27 appointments under subsection
(b)(3); and
(D) 13 appointments under subsection
(b)(4).
(3) If the Secretary limits the number of
appointments under subsection (b)(5),
appointments under subsection (b)(2)-(4) are
limited as follows:
(A) 27 appointments under subsection
(b)(2);
(B) 27 appointments under subsection
(b)(3); and
(C) 13 appointments under subsection
(b)(4).
(4) The limitations provided for in this
subsection do not affect the operation of
subsection (e).
(h) The Secretary of the Army shall furnish to any
Member of Congress, upon the written request of such Member,
the name of the Congressman or other nominating authority
responsible for the nomination of any named or identified
person for appointment to the Academy.
(i) For purposes of the limitation in subsection (a)
establishing the aggregate authorized strength of the Corps
of Cadets, the Secretary of the Army may for any year
(beginning with the 2001-2002 academic year) permit a
variance in that limitation by not more than one percent. In
applying that limitation, and any such variance, the last
day of an academic year shall be considered to be graduation
day.
(Aug. 10, 1956, ch. 1041, Sec. 1, 70A Stat. 240; Sept. 2,
1958, P.L. 85-861, Sec. 33(a)(26), 72 Stat. 1565; Sept. 14,
1962, P.L. 87-663, Sec. 1(1), (2), 76 Stat. 547; March 3,
1964, P.L. 88-276, Sec. 1(1), 78 Stat. 148; Oct. 13, 1966,
P.L. 89-650, Sec. 1(1)-(4), 80 Stat. 896; July 5, 1968, P.L.
90-374, 82 Stat. 283; Oct. 22, 1968, P.L. 90-623, Sec. 2(8),
82 Stat. 1314; Sept. 22, 1970, P.L. 91-405, Title II,
Sec. 204(c), 84 Stat. 852, Aug. 7, 1972, P.L. 92-365,
Sec. 1, 86 Stat. 505; Nov. 29, 1973, P.L. 93-171, Sec. 1(1)-
(4), 87 Stat. 690; Oct. 7, 1975, P.L. 94-106, Title VIII,
Sec. 803(b)(1), 89 Stat. 538; Dec. 12, 1980, P.L. 96-513,
Title V, Part B, Sec. 512(13), 94 Stat. 2930; Dec. 24, 1980,
P.L. 96-600, Sec. 2(a), 94 Stat. 3493; Oct. 14, 1981, P.L.
97-60, Title II, Sec. 203(a)(1), 95 Stat. 1006; Sept. 24,
1983, P.L. 98-94, Title X, Part A, Sec. 1005(a)(1), (b)(1),
97 Stat. 660; Nov. 29, 1989, P.L. 101-189, Div. A, Title
XVI, Part C, Sec. 1621(a)(1), 103 Stat. 1602; Nov. 5, 1990,
P.L. 101-510, Div. A, Title V, Part C, Sec. 532(a)(1), 104
Stat. 1563; Nov. 30, 1993, P.L. 103-160, Div. A, Title V,
Subtitle C, Sec. 531, 107 Stat. 1657; Oct. 5, 1994, P.L.
103-337, Div. A, Title XVI, Subtitle C, Sec. 1672(c)(3), 108
Stat. 3015; Feb. 10, 1996, P.L. 104-106, Div. A, Title V,
Subtitle D, Part I, Sec. 532(a), Title XV, Sec. 1502(a)(1),
110 Stat. 314, 502; Nov. 18, 1997, P.L. 105-85, Div. A,
Title X, Subtitle G, Sec. 1073(a)(62), 111 Stat. 1903; Pub.
L. 106-65, Div. A, Title V, Sec. 531(b)(1), Title X,
Sec. 1067(1), Oct. 5, 1999, 113 Stat. 602, 774.)
442 Sec. 4355. Board of Visitors.
(a) A Board of Visitors to the Academy is constituted
annually of--
(1) the chairman of the Committee on Armed
Services of the Senate, or his designee;
(2) three other members of the Senate
designated by the Vice President or the
President pro tempore of the Senate, two of whom
are members of the Committee on Appropriations
of the Senate;
(3) the chairman of the Committee on Armed
Services of the House of Representatives, or his
designee;
(4) four other members of the House of
Representatives designated by the Speaker of the
House of Representatives, two of whom are
members of the Committee on Appropriations of
the House of Representatives; and
(5) six persons designated by the President.
(b) The persons designated by the President serve for
three years each except that any member whose term of office
has expired shall continue to serve until his successor is
appointed. The President shall designate two persons each
year to succeed the members whose terms expire that year.
(c) If a member of the Board dies or resigns, a
successor shall be designated for the unexpired portion of
the term by the official who designated the member.
(d) The Board shall visit the Academy annually. With the
approval of the Secretary of the Army, the Board or its
members may make other visits to the Academy in connection
with the duties of the Board or to consult with the
Superintendent of the Academy.
(e) The Board shall inquire into the morale and
discipline, the curriculum, instruction, physical equipment,
fiscal affairs, academic methods, and other matters relating
to the Academy that the Board decides to consider.
(f) Within 60 days after its annual visit, the Board
shall submit a written report to the President of its
action, and of its views and recommendations pertaining to
the Academy. Any report of a visit, other than the annual
visit, shall, if approved by a majority of the members of
the Board, be submitted to the President within 60 days
after the approval.
(g) Upon approval by the Secretary, the Board may call
in advisers for consultation.
(h) While performing his duties, each member of the
Board and each adviser shall be reimbursed under Government
travel regulations for his travel expenses. (Aug. 10, 1956,
ch. 1041, 70A Stat. 245; Dec. 23, 1980, Pub. L. 96-579,
Sec. 13(a), 94 Stat. 3369; Pub. L. 104-106, Div. A, Title X,
Sec. 1061(e)(2), Title XV, Sec. 1502(a)(12), Feb. 10, 1996,
110 Stat. 443, 503; Pub. L. 106-65, Div. A, Title X,
Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)
Chapter 603.--UNITED STATES NAVAL ACADEMY
442.5 Sec. 6954. Midshipmen: number.
(a) The authorized strength of the Brigade of Midshipmen
(determined for any year as of the day before the last day
of the academic year) is 4,000. Subject to that limitation,
midshipmen are selected as follows:
(1) 65 selected in order of merit as
established by competitive examination from the
children of members of the armed forces who were
killed in action or died of, or have a service-
connected disability rated at not less than 100
per centum resulting from, wounds or injuries
received or diseases contracted in, or
preexisting injury or disease aggravated by,
active service, children of members who are in a
``missing status'' as defined in section 551(2)
of title 37, and children of civilian employees
who are in ``missing status'' as defined in
section 5561(5) of title 5. The determination of
the Department of Veterans Affairs as to service
connection of the cause of death or disability,
and the percentage at which the disability is
rated, is binding upon the Secretary of the
Navy.
(2) Five nominated at large by the Vice
President or, if there is no Vice President, by
the President pro tempore of the Senate.
(3) Ten from each State, five of whom are
nominated by each Senator from that State.
(4) Five nominated by each Representative in
Congress.
(5) Five from the District of Columbia,
nominated by the Delegate to the House of
Representatives from the District of Columbia.
(6) Two from the Virgin Islands, nominated
by the Delegate in Congress from the Virgin
Islands.
(7) Six from Puerto Rico, five of whom are
nominated by the Resident Commissioner from
Puerto Rico and one who is native of Puerto Rico
nominated by the Governor of Puerto Rico.
(8) Two from Guam, nominated by the Delegate
in Congress from Guam.
(9) One from American Samoa, nominated by
the Delegate in Congress from American Samoa.
(10) One from the Commonwealth of the
Northern Mariana Islands, nominated by the
resident representative from the commonwealth.
Each Senator, Representative, and Delegate in Congress,
including the Resident Commissioner from Puerto Rico, is
entitled to nominate 10 persons for each vacancy that is
available to him under this section. Nominees may be
submitted without ranking or with a principal candidate and
9 ranked or unranked alternates. Qualified nominees not
selected for appointment under this subsection shall be
considered qualified alternates for the purposes of
selection under other provisions of this chapter.
(b) In addition there may be appointed each year at the
Academy midshipmen as follows:
(1) one hundred selected by the President
from the children of members of an armed force
who--
(A) are on active duty (other than for
training) and who have served continuously
on active duty for at least eight years;
(B) are, or who died while they were,
retired with pay or granted retired or
retainer pay, other than those granted
retired pay under section 12731 of this
title (or under section 1331 of this title
as in effect before the effective date of
the Reserve Officer Personnel Management
Act);
however, a person who is eligible for selection
under clause (1) of subsection (a) may not be
selected under this clause.
(2) 85 nominated by the Secretary of the
Navy from enlisted members of the Regular Navy
and the Regular Marine Corps.
(3) 85 nominated by the Secretary of the
Navy from enlisted members of the Naval Reserve
and the Marine Corps Reserve.
(4) 20 nominated by the Secretary of the
Navy, under regulations prescribed by him, from
the honor graduates of schools designated as
honor schools by the Department of the Army, the
Department of the Navy, or the Department of the
Air Force, and from members of the Naval Reserve
Officers' Training Corps.
(5) 150 selected by the Secretary of the
Navy in order of merit (prescribed pursuant to
section 6956 of this title) from qualified
alternates nominated by person named in clauses
(3) and (4) of subsection (a).
(c) The President may also appoint as midshipmen at the
Academy children of persons who have been awarded the medal
of honor for acts performed while in the armed forces.
(d) The Superintendent of the Naval Academy may nominate
for appointment each year 50 persons from the country at
large. Persons nominated under this paragraph may not
displace any appointment authorized under clauses (2)
through (9) of subsection (a) and may not cause the total
strength of midshipmen at the Navy Academy to exceed the
authorized number.
(e) The Secretary of the Navy may limit the number of
midshipmen appointed under section (b)(5). When he does so,
if the total number of midshipmen, upon admission of a new
class at the Academy, will be more than 3,737, no
appointment may be made under subsection (b) (2) or (3) of
this section or section 6956 of this title.
(f) The Secretary of the Navy shall furnish to any
Member of Congress, upon the written request of such Member,
the name of the Congressman or other nominating authority
responsible for the nomination of any named or identified
person for appointment to the Academy.
(g) For purposes of the limitation in subsection (a)
establishing the aggregate authorized strength of the
Brigade of Midshipmen, the Secretary of the Navy may for any
year permit a variance in that limitation by not more than
one percent. In applying that limitation, and any such
variance, the last day of an academic year shall be
considered to be graduation day. (Aug. 10, 1956, ch. 1041,
Sec. 1, 70A Stat. 429; Sept. 7, 1962, P.L. 87-651, Title I,
Sec. 124, 76 Stat. 514; Sept. 14, 1962, P.L. 87-663,
Sec. 1(3), 76 Stat. 547; March 3, 1964, P.L. 88-276, Sec. 2,
78 Stat. 150; Oct. 13, 1996, P.L. 89-650, Sec. 1(1)-(3), 80
Stat. 896; July 5, 1968, P.L. 90-374, 82 Stat. 283; Oct. 22,
1968, P.L. 90-623, Sec. 2(8), 82 Stat. 1314; Sept. 22, 1970,
P.L. 91-405, Title II, Sec. 204(c), 84 Stat. 852; Aug. 7,
1972, P.L. 92-365, Sec. 2, 86 Stat. 505; Nov. 29, 1973, P.L.
93-171, Sec. 2(1)-(3), 87 Stat. 690; Oct. 7, 1975 P.L. 94-
106, Title VIII, Sec. 803(b)(1), 89 Stat. 538; Dec. 24,
1980, P.L. 96-600, Sec. 2(b), 94 Stat. 3493; Oct. 14, 1981,
P.L. 97-60, Title II, Sec. 203(b)(2), 95 Stat. 1006; Oct.
12, 1982, P.L. 97-295, Sec. 1(44), 96 Stat. 1298; Sept. 24,
1983, P.L. 98-94, Title X, Part A, Sec. 1005(a)(2), (b)(2),
97 Stat. 660; Nov. 29, 1989, P.L. 101-189, Div. A, Title
XVI, Part C, Sec. 1621(a)(1), 103 Stat. 1602; Nov. 5, P.L.
101-510, Div. A, Title V, Part C, Sec. 532(b)(1), 104 Stat.
1563; Nov. 30, 1993, P.L. 103-160, Div. A. Title V, Subtitle
C, Sec. 531, 107 Stat. 1657; Oct. 5, 1994, P.L. 103-337,
Div. A, Title XVI, Subtitle C, Sec. 1673(c)(2), 108 Stat.
3016; Feb. 10, 1996, P.L. 104-106, Div. A, Title V, Subtitle
D, Part I, Sec. 532(b), 110 Stat. 314; Nov. 18, 1997, P.L.
105-85, Div. A, Title X, Subtitle G, Sec. 1073(a)(62), 111
Stat. 1903.)
442.6 Sec. 6956. Midshipmen: nomination and selection to fill
vacancies.
(a) If the annual quota of midshipmen from--
(1) enlisted members of the Regular Navy and
the Regular Marine Corps;
(2) enlisted members of the Naval Reserve
and the Marine Corps Reserve; or
(3) at large by the President;
is not filled, the Secretary may fill the vacancies by
nominating for appointment other candidates from any of
these sources who were found best qualified on examination
for admission and not otherwise nominated.
(b) If it is determined that, upon the admission of a
new class to the Academy, the number of midshipmen at the
Academy will be below the authorized number, the Secretary
may fill the vacancies by nominating additional midshipmen
from qualified candidates designated as alternates and from
other qualified candidates who competed for nomination and
are recommended and found qualified by the Academic Board.
At least three-fourths of those nominated under this
subsection shall be from qualified alternates under clauses
(2) through (8) of section 6954(a) of this title, and the
remainder shall be from qualified candidates who competed
for appointment under any other provision of law. An
appointment of a nominee under this subsection is an
additional appointment and is not in place of an appointment
otherwise authorized by law.
(c) The failure of a member of a graduating class to
complete the course with his class does not delay the
appointment of his successor. (Aug. 10, 1956, ch. 1041, 70A
Stat. 430; March. 3, 1964, Pub. L. 88-276, Sec. 3, 78 Stat.
151; July 5, 1968, Pub. L. 90-374, 82 Stat. 283; Nov. 29,
1973, Pub. L. 93-171, Sec. 2(4), 87 Stat. 690; Oct. 7, 1975,
Pub. L. 94-106, Title VIII, Sec. 803(b)(2), 89 Stat. 538;
Oct. 14, 1981, Pub. L. 97-60, Title II, Sec. 206, 95 Stat.
1007; Nov. 5, 1990, Pub. L. 101-510, Sec. 1322(a), 104 Stat.
1671, Sec. 532(b), 104 Stat. 1563, 1671; Nov. 5, 1990, Pub.
L. 101-510, Sec. 532(b)(2), Sec. 1322(a)(14), 104 Stat.
1563, 1671.)
443 Sec. 6968. Board of Visitors.
(a) A Board of Visitors to the Naval Academy is
constituted annually of--
(1) the chairman of the Committee on Armed
Services of the Senate, or his designee;
(2) three other members of the Senate
designated by the Vice President or the
President pro tempore of the Senate, two of whom
are members of the Committee on Appropriations
of the Senate;
(3) the chairman of the Committee on Armed
Services of the House of Representatives, or his
designee;
(4) four other members of the House of
Representatives designated by the Speaker of the
House of Representatives, two of whom are
members of the Committee on Appropriations of
the House of Representatives; and
(5) six persons designated by the President.
(b) The persons designated by the President serve for
three years each except that any member whose term of office
has expired shall continue to serve until his successor is
appointed. The President shall designate two persons each
year to succeed the members whose terms expire that year.
(c) If a member of the Board dies or resigns, a
successor shall be designated for the unexpired portion of
the term by the official who designated the member.
(d) The Board shall visit the Academy annually. With the
approval of the Secretary of the Navy, the Board or its
members may make other visits to the Academy in connection
with the duties of the Board or to consult with the
Superintendent of the Academy.
(e) The Board shall inquire into the state of morale and
discipline, the curriculum, instruction, physical equipment,
fiscal affairs, academic methods, and other matters relating
to the Academy that the Board decides to consider.
(f) Within 60 days after its annual visit, the Board
shall submit a written report to the President of its action
and of its views and recommendations pertaining to the
Academy. Any report of a visit, other than the annual visit,
shall, if approved by a majority of the members of the
Board, be submitted to the President within 60 days after
the approval.
(g) Upon approval by the Secretary, the Board may call
in advisers for consultation.
(h) While performing his duties, each member of the
Board and each adviser shall be reimbursed under Government
travel regulations for his travel expenses. (Aug. 10, 1956,
ch. 1041, Sec. 1, 70A Stat. 434; Dec. 23, 1980, P.L. 96-579,
Sec. 13(b), 94 Stat. 3369; Feb. 10, 1996, P.L. 104-106, Div.
A, Title X, Subtitle F, Sec. 1061(c)(2), Title XV,
Sec. 1502(a)(12), 110 Stat. 443, 503; Pub. L. 106-65, Div.
A, Title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)
Chapter 903.--UNITED STATES AIR FORCE ACADEMY
443.5 Sec. 9342. Cadets: appointment; numbers, territorial
distribution.
(a) The authorized strength of Air Force Cadets of the
Academy (determined for any year as of the day before the
last day of the academic year) is 4,000. Subject to that
limitation, Air Force Cadets are selected as follows:
(1) 65 cadets selected in order or merit as
established by competitive examination from the
children of members of the armed forces who were
killed in action or died of, or have a service-
connected disability rated at not less than 100
per centum resulting from wounds or injuries
received or diseases contracted in, or
preexisting injury or disease aggravated by,
active service, children of members who are in a
``missing status'' as defined in section 551(2)
of title 37, and children of civilian employees
who are in ``missing status'' as defined in
section 5561(5) of title 5. The determination of
the Department of Veterans Affairs as to service
connection of the cause of death or disability,
and the percentage at which the disability is
rated is binding upon the Secretary of the Air
Force.
(2) Five cadets nominated at large by the
Vice President or, if there is no Vice
President, by the President pro tempore of the
Senate.
(3) Ten cadets from each State, five of whom
are nominated by each Senator from that State.
(4) Five cadets from each congressional
district, nominated by the Representative from
the district.
(5) Five cadets from the District of
Columbia, nominated by the Delegate to the House
of Representatives from the District of
Columbia.
(6) Two cadets from the Virgin Islands,
nominated by the Delegate in Congress from the
Virgin Islands.
(7) Six cadets from Puerto Rico, five of
whom are nominated by the Resident Commissioner
from Puerto Rico and one who is a native of
Puerto Rico nominated by the Governor of Puerto
Rico.
(8) Two cadets from Guam, nominated by the
Delegate in Congress from Guam.
(9) One cadet from American Samoa, nominated
by the Delegate in Congress from American Samoa.
(10) One cadet from the Commonwealth of the
Northern Mariana Islands, nominated by the
residents representative from the commonwealth.
Each Senator, Representative, and Delegate in Congress,
including the Resident Commissioner from Puerto Rico, is
entitled to nominate 10 persons for each vacancy that is
available to him under this section. Nominees may be
submitted without ranking or with a principal candidate and
9 ranked or unranked alternates. Qualified nominees not
selected for appointment under this subsection shall be
considered qualified alternates for the purposes of
selection under other provisions of this chapter.
(b) In addition, there may be appointed each year at the
Academy cadets as follows:
(1) one hundred selected by the President
from the children of members of an armed force
who--
(A) are on active duty (other than for
training) and who have served continuously
on active duty for at least eight years;
(B) are, or who died while they were,
retired with pay or granted retired or
retainer pay, other than those granted
retired pay under section 12731 of this
title (or under section 1331 of this title
as in effect before the effective date of
the Reserve Officer Personnel Management
Act);
however, a person who is eligible for selection
under clause (1) of subsection (a) may not be
selected under this clause.
(2) 85 nominated by the Secretary of the Air
Force from enlisted members of the Regular Air
Force.
(3) 85 nominated by the Secretary of the Air
Force from enlisted members of reserve
components of the Air Force.
(4) 20 nominated by the Secretary of the Air
Force, under regulations prescribed by him, from
the honor graduates of schools designated as
honor schools by the Department of the Army, the
Department of the Navy, or the Department of the
Air Force, and from members of the Air Force
Reserve Officers' Training Corps.
(5) 150 selected by the Secretary of the Air
Force in order of merit (prescribed pursuant to
section 9343 of this title) from qualified
alternates nominated by persons named in clauses
(3) and (4) of subsection (a).
(c) The President may also appoint as cadets
at the Academy children of persons who have been
awarded the Medal of Honor for acts performed
while in the armed forces.
(d) The Superintendent may nominate for
appointment each year 50 persons from the
country at large. Persons nominated under this
paragraph may not displace any appointment
authorized under clauses (2) through (9) of
subsection (a) and may not cause the total
strength of Air Force Cadets to exceed the
authorized number.
(e) If the annual quota of cadets under
subsection (b)(1), (2), or (3) is not filled,
the Secretary may fill the vacancies by
nominating for appointment other candidates from
any of these sources who were found best
qualified on examination for admission and not
otherwise nominated.
(f) Each candidate for admission nominated
under clauses (3) through (9) of subsection (a)
must be domiciled in the State, or in the
congressional district, from which he is
nominated, or in the District of Columbia,
Puerto Rico, American Samoa, Guam, or the Virgin
Islands, if nominated from one of those places.
(g) The Secretary of the Air Force may limit
the number of cadets authorized to be appointed
under this section to the number that can be
adequately accommodated at the Academy as
determined by the Secretary after consulting
with the Committee on Armed Services of the
Senate and the Committee on Armed Services of
the House of Representatives, subject to the
following:
(1) Cadets chargeable to each nominating
authority named in subsection (a)(3) or (4) may
not be limited to less than four.
(2) If the Secretary limits the number of
appointments under subsection (a)(3) or (4),
appointments under subsection (b)(1)-(4) are
limited as follows:
(A) 27 appointments under subsection
(b)(1);
(B) 27 appointments under subsection
(b)(2);
(C) 27 appointments under subsection
(b)(3); and
(D) 13 appointments under subsection
(b)(4).
(3) If the Secretary limits the number of
appointments under subsection (b)(5),
appointment under subsection (b)(2)-(4) are
limited as follows:
(A) 27 appointments under subsection
(b)(2);
(B) 27 appointments under subsection
(b)(3); and
(C) 13 appointments under subsection
(b)(4).
(4) The limitations provided for in this
subsection do not affect the operation of
subsection (e).
(h) The Secretary of the Air Force shall furnish to any
Member of Congress, upon the written request of such Member,
the name of the Congressman or other nominating authority
responsible for the nomination of any named or identified
person for appointment to the Academy.
(i) For purposes of the limitation in subsection (a)
establishing the aggregate authorized strength of Air Force
Cadets, the Secretary of the Air Force may for any year
permit a variance in that limitation by not more than one
percent. In applying that limitation, and any such variance,
the last day of an academic year shall be considered to be
graduation day.
(Aug. 10, 1956, ch. 1041, Sec. 1, 70A Stat. 563; Sept. 14,
1962, P.L. 87-663, Sec. 1(5), (6), 76 Stat. 547; March 3,
1964, P.L. 88-276, Sec. 4(1), 78 Stat. 151; Oct. 13, 1966,
P.L. 89-650, Sec. 1(1)-(3), (5), 80 Stat. 896; July 5, 1968,
P.L. 90-374, 82 Stat. 283; Oct. 22, 1968, P.L. 90-623,
Sec. 2(8), 82 Stat. 1314; Sept. 22, 1970, P.L. 91-405, Title
II, Sec. 204(c), 84 Stat. 852; Aug. 7, 1972, P.L. 92-365,
Sec. 1(3), 86 Stat. 505; Nov. 29, 1973, P.L. 93-171,
Sec. 3(1)-(4), 87 Stat. 690; Oct. 7, 1975, P.L. 94-106,
Title VIII, Sec. 803(b)(1), 89 Stat. 538; Dec. 12, 1980,
P.L. 96-513, Title V, Part B, Sec. 514(11), 94 Stat. 2935;
Dec. 4, 1980, P.L. 96-600, Sec. 2(c), 94 Stat. 3493; Oct.
14, 1981, P.L. 97-60, Title II, Sec. 203(c)(1), 95 Stat.
1006; Sept. 24, 1983, P.L. 98-94, Title X, Part A,
Sec. 1005(a)(3), (b)(3), 97 Stat. 660, 661; Nov. 29, 1989,
P.L. 101-189, Div. A, Title XVI, Part C, Sec. 1621(a)(1),
103 Stat. 1602; Nov. 5, 1990, P.L. 101-510, Div. A, Title V,
Part C, Sec. 532(c)(1), 104 Stat 1563; Nov. 30, 1993, P.L.
103-160, Div. A, Title V, Subtitle C, Sec. 531, 107 Stat.
1657; Oct. 5, 1994, P.L. 103-337, Div. A, Title XVI,
Subtitle D, Sec. 1674(c)(3), 108 Stat. 3017; Feb. 10, 1996,
P.L. 104-106, Div. A, Title V, Subtitle D, Part I,
Sec. 532(c), Title XV, Sec. 1502(a)(1), 110 Stat. 315, 502;
Nov. 18, 1997, P.L. 105-85, Div. A, Title X, Subtitle G,
Sec. 1073(a)(62), 111 Stat. 1903; Pub. L. 106-65, Div. A,
Title V, Sec. 531(b)(3), Title X, Sec. 1067(1), Oct. 5,
1999, 113 Stat. 602, 774.)
444 Sec. 9355. Board of Visitors.
(a) A Board of Visitors to the Academy is constituted
annually of--
(1) the chairman of the Committee on Armed
Services of the Senate, or his designee;
(2) three other members of the Senate
designated by the Vice President or the
President pro tempore of the Senate, two of whom
are members of the Committee on Appropriations
of the Senate;
(3) the Chairman of the Committee on Armed
Services of the House of Representatives, or his
designee;
(4) four other members of the House of
Representatives designated by the Speaker of the
House of Representatives, two of whom are
members of the Committee on Appropriations of
the House of Representatives; and
(5) six persons designated by the President.
(b) The persons designated by the President serve for
three years each except that any member whose term of office
has expired shall continue to serve until his successor is
appointed. The President shall designate two persons each
year to succeed the members whose terms expire that year.
(c) If a member of the board dies or resigns, a
successor shall be designated for the unexpired portion of
the term by the official who designated the member.
(d) The Board shall visit the Academy annually. With the
approval of the Secretary of the Air Force, the Board or its
members may make other visits to the Academy in connection
with the duties of the Board or to consult with the
Superintendent of the Academy.
(e) The Board shall inquire into the morale and
discipline, the curriculum, instruction, physical equipment,
fiscal affairs, academic methods, and other matters relating
to the Academy which the Board decides to consider.
(f) Within 60 days after its annual visit, the Board
shall submit a written report to the President of its
action, and of its views and recommendations pertaining to
the Academy. Any report of a visit, other than the annual
visit, shall, if approved by a majority of the members of
the Board, be submitted to the President within 60 days
after the approval.
(g) Upon approval by the Secretary, the Board may call
in advisers for consultation.
(h) While performing his duties, each member of the
board and each adviser be reimbursed under Government travel
regulations for his travel expenses. (Aug. 10, 1956, ch.
1041, Sec. 1, 70A Stat. 567; Dec. 23, 1980, P.L. 95-579,
Sec. 13(c), 94 Stat. 3369; Feb. 10, 1996, P.L. 104-106, Div
A, Title X, Subtitle F, Sec. 1061(e)(2), Title XV,
Sec. 1502(a)(12), 110 Stat. 443, 503; Pub. L. 106-65, Div.
A, Title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)
Chapter 1013.--BUDGET INFORMATION AND ANNUAL REPORTS TO
CONGRESS
445 Sec. 10541. National Guard and reserve component equipment;
annual report to Congress.
(a) The Secretary of Defense shall submit to the
Congress each year, not later than February 15, a written
report concerning the equipment of the National Guard and
the reserve components of the armed forces for each of the
three succeeding fiscal years.
(b) Each report under this section shall include the
following:
(1) Recommendations as to the type and
quantity of each major item of equipment which
should be in the inventory of the Selected
Reserve of the Ready Reserve of each reserve
component of the armed forces.
(2) A statement of the quantity and average
age of each type of major item of equipment
which is expected to be physically available in
the inventory of the Selected Reserve of the
Ready Reserve of each reserve component as of
the beginning of each fiscal year covered by the
report.
(3) A statement of the quantity and cost of
each type of major item of equipment which is
expected to be procured for the Selective
Reserve of the Ready Reserve of each reserve
component from commercial sources or to be
transferred to each such Selected Reserve from
the active-duty components of the armed forces.
(4) A statement of the quantity of each type
of major item of equipment which is expected to
be retired, decommissioned, transferred, or
otherwise removed from the physical inventory of
the Selected Reserve of the Ready Reserve of
each reserve component and the plans for
replacement of that equipment.
(5) A listing of each major item of
equipment required by the Selected Reserve of
the Ready Reserve of each reserve component
indicating--
(A) the full war-time requirement of
that component for that item, shown in
accordance with deployment schedules and
requirements over successive 30-day periods
following mobilization;
(B) the number of each such item in the
inventory of the component;
(C) a separate listing of each such item
in the inventory that is a deployable item
and is not the most desired item;
(D) the number of each such item
projected to be in the inventory at the end
of the third succeeding fiscal year; and
(E) the number of nondeployable items in
the inventory as a substitute for a required
major item of equipment.
(6) A narrative explanation of the plan of
the Secretary concerned to provide equipment
needed to fill the war-time requirement for each
major item of equipment to all units of the
Selected Reserve, including an explanation of
the plan to equip units of the Selected Reserve
that are short of major items of equipment at
the outset of war.
(7) For each item of major equipment
reported under paragraph (3) in a report for one
of the three previous years under this section
as an item expected to be procured for the
Selected Reserve or to be transferred to the
Selected Reserve, the quantity of such equipment
actually procured for or transferred to the
Selected Reserve.
(8) A statement of the current status of the
compatibility of equipment between Army reserve
components and active forces of the Army, the
effect of that level of incompatibility on
combat effectiveness, and a plan to achieve full
equipment compatibility.
(c) Each report under this section shall be expressed in
the same format and with the same level of detail as the
information presented in the annual Five Year Defense
Program Procurement Annex prepared by the Department of
Defense. (Added Pub. L. 101-510, Sec. 1483(a), Nov. 5, 1990,
104 Stat. 1714 [former Sec. 115(a)(2), (3)]; amended Pub. L.
102-484, Sec. 1134, Oct. 23, 1992, 106 Stat. 2541;
transferred, redesignated Sec. 10541, and amended Pub. L.
103-337, Sec. 1661(d)(2), Oct. 5, 1994, 108 Stat. 2982.)
TITLE 12.--BANKS AND BANKING
Chapter 3.--FEDERAL RESERVE SYSTEM
445 Sec. 303. Qualifications and disabilities [of members of
Board of Governors of Federal Reserve System].
No Senator * * * shall be a member of the Board of
Governors of the Federal Reserve System or an officer or a
director of a Federal Reserve bank. * * * (Dec. 23, 1913,
ch. 6, Sec. 4, 38 Stat. 255; Aug. 23, 1935, ch. 614,
Sec. 203(a), 49 Stat. 704.)
TITLE 14.--COAST GUARD
Chapter 9.--COAST GUARD ACADEMY
446 Sec. 194. Annual Board of Visitors.
(a) In addition to the Advisory Committee, a Board of
Visitors to the Academy is established to visit the Academy
annually and to make recommendations on the operation of the
Academy.
(b) The Board shall be composed of--
(1) two Senators designated by the Chairman
of the Committee on Commerce, Science, and
Transportation of the Senate;
(2) three Members of the House of
Representatives designated by the Chairman of
the Committee on Merchant Marine and Fisheries
of the House of Representatives;
(3) one Senator designated by the President
of the Senate;
(4) two Members of the House of
Representatives designated by the Speaker of the
House of Representatives; and
(5) the Chairman of the Committee on
Commerce, Science, and Transportation of the
Senate and the Chairman of the Committee on
Merchant Marine and Fisheries of the House of
Representatives, as ex offico Members.
(c) When a Member is unable to attend the annual meeting
another Member may be designated as provided under
subsection (b).
(d) When an ex officio Member is unable to attend the
annual meeting that Member may designate another Member.
(e) Members of the Board shall be designated in the
First Session and serve for the duration of the Congress.
(f) The Board shall visit the Academy annually on the
date chosen by the Secretary. Each Member of the Board shall
be reimbursed, to the extent permitted by law, by the Coast
Guard for actual expenses incurred while engaged in duties
as a Member of the Board. (Aug. 4, 1949, ch. 393, Sec. 1, 63
Stat. 510; Nov. 16, 1990, Pub. L. 101-595, Sec. 304, 104
Stat. 2984.)
15 u.s.c.--commerce and trade
general and permanent laws relating to the senate
TITLE 15.--COMMERCE AND TRADE
Chapter 21.--NATIONAL POLICY ON EMPLOYMENT
446.5 Sec. 1022. Economic Report of President; coverage;
supplementary reports; reference to congressional joint
committee; percentage rate of unemployment; definitions.
(a) The President shall annually transmit to the
Congress not later than 10 days after the submission of the
budget under section 1105(a) of title 31, United States
Code, with copies transmitted to the Governor of each State
and to other appropriate State and local officials, an
economic report (hereinafter in this chapter referred to as
the ``Economic Report'') together with the annual report of
the Council of Economic Advisers submitted in accord with
section 1023(c) of this title, setting forth--
(1) the current and foreseeable trends in
the levels of employment, unemployment,
production, capital formation, real income,
Federal budget outlays and receipts,
productivity, international trade and payments,
and prices, and a review and analysis of recent
domestic and international developments
affecting economic trends in the Nation;
(2)(A) annual numerical goals for employment
and unemployment, production, real income,
productivity, Federal outlays as a proportion of
gross national product, and prices for the
calendar year in which the Economic Report is
transmitted and for the following calendar year,
designated as short-term goals, which shall be
consistent with achieving as rapidly as feasible
the goals of full employment and production,
increased real income, balanced growth, fiscal
policies that would establish the share of an
expanding gross national product accounted for
by Federal outlays at the lowest level
consistent with national needs and priorities, a
balanced Federal budget, adequate productivity
growth, price stability, achievement of an
improved trade balance, and proper attention to
national priorities; and
(B) annual numerical goals as specified in
subparagraph (A) for the three successive
calendar years, designated as medium term goals;
(3) employment objectives for certain
significant subgroups of the labor force,
including youth, women, minorities, handicapped
persons, veterans, and middle-aged and older
persons; and
(4) a program for carrying out the policy
declared in section 1021 of this title, together
with such recommendations for legislation as the
President may deem necessary or desirable.
(b) The President may transmit from time to time to the
Congress reports supplementary to the Economic Report, each
of which shall include such supplementary or revised
recommendations as he may deem necessary or desirable to
achieve the policy declared in section 1021 of this title.
(c) The Economic Report, and all supplementary reports
transmitted under subsection (b) of this section, shall,
when transmitted to Congress, be referred to the joint
committee created by section 1024 of this title.
(d) For the purposes of the Full Employment and Balanced
Growth Act of 1978, [15 U.S.C.A. Sec. 3101 et seq.], the
percentage rate of unemployment as a percentage of the
civilian labor force as set forth by the Bureau of Labor
Statistics in the Department of Labor as computed under the
procedures in effect as of October 27, 1978.
(e) For the purpose of the Full Employment and Balanced
Growth Act of 1978, [15 U.S.C.A. Sec. 3101 et seq.], the
terms ``inflation'', ``prices'', and ``reasonable price
stability'' refer to the rate of change or level of the
consumer price index as set forth by the Bureau of Labor
Statistics, United States Department of Labor. (Feb. 20,
1946, ch. 33, Sec. 3, 60 Stat. 24; Aug. 2, 1946, ch. 753,
Sec. 226, 60 Stat. 838; June 18, 1956, ch. 399, Sec. 1, 70
Stat. 289; Oct. 27, 1978, Pub. L. 95-523, Sec. 103, 92 Stat.
1892; May 10, 1979, Pub. L. 96-10, Sec. 6(d), 93 Stat. 24;
Nov. 5, 1990, Pub. L. 101-508, Title XIII, Sec. 13112(e),
104 Stat. 1388.)
447 Sec. 1024. Joint Economic Committee.
447.1 (a) There is established a Joint Economic Committee, to
be composed of ten Members of the Senate, to be appointed by
the President of the Senate, and ten Members of the House of
Representatives, to be appointed by the Speaker of the House
of Representatives. In each case, the majority party shall
be represented by six Members and the minority party shall
be represented by four Members.
447.2 (b) It shall be the function of the joint committee--
(1) to make a continuing study of matters
relating to the Economic Report;
(2) to study means of coordinating programs
in order to further the policy of this chapter;
and
(3) as a guide to the several committees of
the Congress dealing with legislation relating
to the Economic Report, not later than March 1
of each year (beginning with the year 1947) to
file a report with the Senate and the House of
Representatives containing its findings and
recommendations with respect to each of the main
recommendations made by the President in the
Ecomonic Report, and from time to time to make
such other reports and recommendations to the
Senate and House of Representatives as it deems
advisable.
447.3 (c) Vacancies in the membership of the joint committee
shall not affect the power of the remaining members to
execute the functions of the joint committee, and shall be
filled in the same manner as in the case of the original
selection. The joint committee shall select a chairman and a
vice chairman from among its members.
447.4 (d) The joint committee, or any duly authorized
subcommittee thereof, is authorized to hold such hearings as
it deems advisable, and, within the limitations of its
appropriations, the joint committee is empowered to appoint
and fix the compensation of such experts, consultants,
technicians, and clerical and stenographic assistants, to
procure such printing and binding, and to make such
expenditures, as it deems necessary and advisable. The cost
of stenographic services to report hearings of the joint
committee, or any subcommittee thereof, shall not exceed 25
cents per hundred words. The joint committee is authorized
to utilize the services, information, and facilities of the
departments and establishments of the Government, and also
of private research agencies.
447.5 (e) To enable the joint committee to exercise its
powers, functions, and duties there are authorized to be
appropriated for each fiscal year such sums as may be
necessary, to be disbursed by the Secretary of the Senate on
vouchers signed by the chairman or vice chairman, except
that vouchers shall not be required for the disbursement of
salaries of employees paid at an annual rate.
447.6 (f) Service of one individual, until the completion of
the investigation authorized by Senate Concurrent Resolution
26, Eighty-first Congress, as an attorney or expert for the
joint committee, in any business or professional field, on a
part-time basis, with or without compensation, shall not be
considered as service or employment bringing such individual
within the provisions of sections 281, 283, or 284 of title
18, or of any other Federal law imposing restrictions,
requirements, or penalties in relation to the employment of
persons, the performance of services, or the payment or
receipt of compensation in connection with any claim,
proceeding, or matter involving the United States. (Feb. 20,
1946, ch. 33, Sec. 5, 60 Stat. 25; Aug. 2, 1946, ch. 753,
Sec. 225, 60 Stat. 838; Feb. 2, 1948, ch. 42, 62 Stat. 16,
Oct. 6, 1949, ch. 627, Sec. Sec. 1, 2, 63 Stat. 721; June
18, 1956, ch. 399, Sec. 2, 70 Stat. 290; Feb. 17, 1959, Pub.
L. 86-1, 73 Stat. 3; Oct. 13, 1964, Pub. L. 88-661, 78 Stat.
1093; Jan. 25, 1967, Pub. L. 90-2, 81 Stat. 4; Dec. 27,
1974, Pub. L. 93-554, Sec. 101, 88 Stat. 1776.) (Note:
Section 5 of act of February 20, 1946, ch. 33, 60 Stat. 25
was redesignated Section 11 by Pub. L. 95-523, Title I,
Sec. 104, Oct. 27, 1978, 92 Stat. 1893.)
448 Sec. 1025. Same; printing of monthly publication entitled
``Economic Indicators''; distribution.
The Joint Economic Committee is authorized to issue a
monthly publication entitled ``Economic Indicators'', and a
sufficient quantity shall be printed to furnish one copy to
each Member of Congress; the Secretary and the Sergeant at
Arms of the Senate; the Clerk, Sergeant at Arms, and Chief
Administrative Officer of the House of Representatives; two
copies to the libraries of the Senate and House, and the
Congressional Library; seven hundred copies to the Joint
Economic Committee; and the required number of copies to the
Superintendent of Documents for distribution to depository
libraries; and the Superintendent of Documents is authorized
to have copies printed for sale to the public. (June 23,
1949, ch. 237, 63 Stat. 264; Pub. L. 104-186, Title II,
Sec. 217, Aug. 20, 1996, 110 Stat. 1747.)
18 u.s.c.--crimes and criminal procedure
general and permanent laws relating to the senate
TITLE 18.--CRIMES AND CRIMINAL PROCEDURE
Chapter 11.--BRIBERY, GRAFT, AND CONFLICTS OF INTEREST
450 Sec. 201. Bribery of public officials and witnesses.
(a) For the purpose of this section--
(1) the term ``public official'' means
Member of Congress, Delegate, or Resident
Commissioner, either before or after such
official has qualified, or an officer or
employee or person acting for or on behalf of
the United States, or any department, agency or
branch of Government thereof, including the
District of Columbia, in any official function,
under or by authority of any such department,
agency, or branch of Government, or a juror;
(2) the term ``person who has been selected
to be a public official'' means any person who
has been nominated or appointed to be a public
official, or has been officially informed that
such person will be so nominated or appointed;
and
(3) the term ``official act'' means any
decision or action on any question, matter,
cause, suit, proceeding or controversy, which
may at any time be pending, or which may by law
be brought before any public official, in such
official's official capacity, or in such
official's place of trust or profit.
(b) Whoever--
(1) directly or indirectly, corruptly gives,
offers or promises anything of value to any
public official or person who has been selected
to be a public official, or offers or promises
any public official or any person who has been
selected to be a public official to give
anything of value to any other person or entity,
with intent--
(A) to influence any official act; or
(B) to influence such public official or
person who has been selected to be a public
official to commit or aid in committing, or
collude in, or allow, any fraud, or make
opportunity for the commission of any fraud,
on the United States; or
(C) to induce such public official or
such person who has been selected to be a
public official to do or omit to do any act
in violation of the lawful duty of such
official or person;
(2) being a public official or person
selected to be a public official, directly or
indirectly, corruptly demands, seeks, receives,
accepts, or agrees to receive or accept anything
of value personally or for any other person or
entity, in return for--
(A) being influenced in the performance
of any official act;
(B) being influenced to commit or aid in
committing, or to collude in, or allow, any
fraud, or make opportunity for the
commission of any fraud, on the United
States; or
(C) being induced to do or omit to do
any act in violation of the official duty of
such official or person;
(3) directly or indirectly, corruptly gives,
offers, or promises anything of value to any
person, or offers or promises such person to
give anything of value to any other person or
entity, with intent to influence the testimony
under oath or affirmation of such first-
mentioned person as a witness upon a trial,
hearing, or other proceeding, before any court,
any committee of either House or both Houses of
Congress, or any agency, commission, or officer
authorized by the laws of the United States to
hear evidence or take testimony, or with intent
to influence such person to absent himself
therefrom;
(4) directly or indirectly, corruptly
demands, seeks, receives, accepts, or agrees to
receive or accept anything of value personally
or for any other person or entity in return for
being influenced in testimony under oath or
affirmation as a witness upon any such trial,
hearing, or other proceeding, or in return for
absenting himself therefrom;
shall be fined under this title or not more than three times
the monetary equivalent of the thing of value, whichever is
greater, or imprisoned for not more than fifteen years, or
both, and may be disqualified from holding any office of
honor, trust, or profit under the United States.
(c) Whoever--
(1) otherwise than as provided by law for
the proper discharge of official duty--
(A) directly or indirectly gives,
offers, or promises anything of value to any
public official, former public official, or
person selected to be a public official, for
or because of any official act performed or
to be performed by such public official,
former public official, or person selected
to be a public official; or
(B) being a public official, former
public official, or person selected to be a
public official, otherwise than as provided
by law for the proper discharge of official
duty, directly or indirectly demands, seeks,
receives, accepts, or agrees to receive or
accept anything of value personally for or
because of any official act performed or to
be performed by such official or person;
(2) directly or indirectly, gives, offers,
or promises anything of value to any person, for
or because of the testimony under oath or
affirmation given or to be given by such person
as a witness upon a trial, hearing, or other
proceeding, before any court, any committee of
either House or both Houses of Congress, or any
agency, commission, or officer authorized by the
laws of the United States to hear evidence or
take testimony, or for or because of such
person's absence therefrom;
(3) directly or indirectly, demands, seeks,
receives, accepts, or agrees to receive or
accept anything of value personally for or
because of the testimony under oath or
affirmation given or to be given by such person
as a witness upon any such trial, hearing, or
other proceeding, or for or because of such
person's absence therefrom;
shall be fined under this title or imprisoned for not more
than two years, or both.
(d) Paragraphs (3) and (4) of subsection (b) and
paragraphs (2) and (3) of subsection (c) shall not be
construed to prohibit the payment or receipt of witness fees
provided by law, or the payment, by the party upon whose
behalf a witness is called and receipt by a witness, of the
reasonable cost of travel and subsistence incurred and the
reasonable value of time lost in attendance at any such
trial, hearing, or proceeding, or in the case of expert
witnesses, a reasonable fee for time spent in the
preparation of such opinion, and in appearing and
testifying.
(e) The offenses and penalties prescribed in this
section are separate from and in addition to those
prescribed in sections 1503, 1504, and 1505 of this title.
(Oct. 23, 1962; Pub. L. 87-849, Sec. 1(a), 76 Stat. 1119,
and amended Pub. L. 91-405, Title II, Sec. 204(d)(1), Sept.
22, 1970, 84 Stat. 853; Pub. L. 99-646, Sec. 46(a), Nov. 10,
1986, 100 Stat. 3601-3604; Sept. 13, 1994, Pub. L. 103-322,
Sec. 330016(2)(D), 108 Stat. 2148.)
451 Sec. 202. Definitions.
(a) For the purpose of sections 203, 205, 207, 208, and
209 of this title the term ``special Government employee''
shall mean an officer or employee of the executive or
legislative branch of the United States Government, of any
independent agency of the United States or of the District
of Columbia, who is retained, designated, appointed, or
employed to perform, with or without compensation, for not
to exceed one hundred and thirty days during any period of
three hundred and sixty-five consecutive days, temporary
duties either on a full-time or intermittent basis, or a
part-time United States commissioner, a part-time United
States magistrate, or, regardless of the number of days of
appointment, an independent counsel appointed under chapter
40 of title 28 and any person appointed by that independent
counsel under section 594(c) of title 28. Notwithstanding
the next preceding sentence, every person serving as a part-
time local representative of a Member of Congress in the
Member's home district or State shall be classified a
special Government employee. Notwithstanding section 29 (c)
and (d) of the Act of August 10, 1956 (70A Stat. 632; 5
U.S.C. 30r (c) and (d)),\1\ a Reserve Officer of the Armed
Forces, or an officer of the National Guard of the United
States, unless otherwise an officer or employee of the
United States, shall be classified as a special Government
employee while on active duty solely for training. A Reserve
officer of the Armed Forces or an officer of the National
Guard of the United States who is voluntarily serving a
period of extended active duty in excess of one hundred and
thirty days shall be classified as an officer of the United
States within the meaning of section 203 and sections 205
through 209 and 218. A Reserve officer of the Armed Forces
or an officer of the National Guard of the United States who
is serving involuntarily shall be classified as a special
Government employee. The terms ``officer or employee'' and
``special Government employee'' as used in sections 203,
205, 207 through 209, and 218, shall not include enlisted
members of the Armed Forces.
\1\ Section 30r (c) and (d) of title 5, United States
Code, is now contained in sections 502, 2105(d), and
5534 of that title.
(b) For the purposes of sections 205 and 207 of this
title, the term ``official responsibility'' means the direct
administrative or operating authority, whether intermediate
or final, and either exercisable alone or with others, and
either personally or through subordinates, to approve,
disapprove, or otherwise direct Government action.
(c) Except as otherwise provided in such sections, the
terms ``officer'' and ``employee'' in sections 203, 205, 207
through 209, and 218 of this title shall not include the
President, the Vice President, a Member of Congress, or a
Federal judge.
(d) The term ``Member of Congress'' in sections 204 and
207 means--
(1) A United States Senator; and
(2) a Representative in, or a Delegate or
Resident Commissioner to, the House of
Representatives.
(e) As used in this chapter, the term--
(1) ``executive branch'' includes each
executive agency as defined in title 5, and any
other entity or administrative unit in the
executive branch;
(2) ``judicial branch'' means the Supreme
Court of the United States; the United States
courts of appeals; the United States district
courts; the Court of International Trade; the
United States bankruptcy courts; any court
created pursuant to article I of the United
States Constitution, including the Court of
Appeals for the Armed Forces, the United States
Court of Federal Claims, and the United States
Tax Court, but not including a court of a
territory or possession of the United States;
the Federal Judicial Center, and any other
agency, office, or entity in the judicial
branch; and
(3) ``legislative branch'' means--
(A) the Congress; and
(B) the Office of the Architect of the
Capitol, the United States Botanic Garden,
the General Accounting Office, the
Government Printing Office, the Library of
Congress, the Office of Technology
Assessment, the Congressional Budget Office,
the United States Capitol Police, and any
other agency, entity, office, or commission
established in the legislative branch. (June
25, 1948, ch. 645, Sec. 1, 62 Stat. 691;
Oct. 23, 1962, Pub. L. 87-849, 76 Stat.
1121; Oct. 17, 1968, Pub. L. 90-578,
Sec. 301(b), 82 Stat. 1115; Pub. L. 100-191,
Sec. 3(a), Dec. 15, 1987, 101 Stat. 1306;
Pub. L. 101-194, Title IV, Sec. 401, Nov.
30, 1989, 103 Stat. 1747; Pub. L. 101-280,
Sec. 5(a), May 4, 1990, 104 Stat. 158; Pub.
L. 102-572, Sec. 902(b)(1), Oct. 29, 1992,
106 Stat. 4516; Pub. L. 103-337,
Sec. 924(d)(1), Oct. 5, 1994, 108 Stat.
2832.)
452 Sec. 203. Compensation to Members of Congress, officers, and
others in matters affecting the Government.
(a) Whoever, otherwise than as provided by law for the
proper discharge of official duties, directly or
indirectly--
(1) demands, seeks, receives, accepts, or
agrees to receive or accept any compensation for
any representational services, as agent or
attorney or otherwise, services rendered or to
be rendered either personally or by another--
(A) at a time when such person is a
Member of Congress, Member of Congress
Elect, Delegate, Delegate Elect, Resident
Commissioner, or Resident Commissioner
Elect; or
(B) at a time when such person is an
officer or employee or Federal judge of the
United States in the executive, legislative,
or judicial branch of the Government, or in
any agency of the United States,
in relation to any proceeding, application, request
for a ruling or other determination, contract,
claim, controversy, charge, accusation, arrest, or
other particular matter in which the United States
is a party or has a direct and substantial interest,
before any department, agency, court, court-martial,
officer, or any civil, military, or naval
commission; or
(2) knowingly gives, promises, or offers any
compensation for any such representational
services rendered or to be rendered at a time
when the person to whom the compensation is
given, promised, or offered, is or was such a
Member, Member Elect, Delegate, Delegate Elect,
Commissioner, Commissioner Elect, Federal judge,
officer, or employee;
shall be subject to the penalties set forth in section 216
of this title.
(b) Whoever, otherwise than as provided by law for the
proper discharge of official duties, directly or
indirectly--
(1) demands, seeks, receives, accepts, or
agrees to receive or accept any compensation for
any representational services, as agent or
attorney or otherwise, rendered or to be
rendered either personally or by another, at a
time when such person is an officer or employee
of the District of Columbia, in relation to any
proceeding, application, request for a ruling or
other determination, contract, claim,
controversy, charge, accusation, arrest, or
other particular matter in which the District of
Columbia is a party or has a direct and
substantial interest, before any department,
agency, court, officer, or commission; or
(2) knowingly gives, promises, or offers any
compensation for any such representational
services rendered or to be rendered at a time
when the person to whom the compensation is
given, promised, or offered, is or was an
officer or employee of the District of Columbia;
shall be subject to the penalties set forth in section 216
of this title.
(c) A special Government employee shall be subject to
subsection (a) only in relation to a particular matter
involving a specific party or parties--
(1) in which such employee has at any time
participated personally and substantially as a
Government employee or as a special Government
employee through decision, approval,
disapproval, recommendation, the rendering of
advice, investigation or otherwise; or
(2) which is pending in the department or
agency of the Government in which such employee
is serving except that paragraph (2) of this
subsection shall not apply in the case of a
special Government employee who has served in
such department or agency no more than sixty
days during the immediately preceding period of
three hundred and sixty-five consecutive days.
(d) Nothing in this section prevents an officer or
employee, including a special Government employee, from
acting, with or without compensation, as agent or attorney
for or otherwise representing his parents, spouse, child, or
any person for whom, or for any estate for which, he is
serving as guardian, executor, administrator, trustee, or
other personal fiduciary except--
(1) in those matters in which he has
participated personally and substantially as a
Government employee or as a special Government
employee through decision, approval,
disapproval, recommendation, the rendering of
advice, investigation, or otherwise; or
(2) in those matters that are the subject of
his official responsibility,
subject to approval by the Government official responsible
for appointment to his position.
(e) Nothing in this section prevents a special
Government employee from acting as agent or attorney for
another person in the performance of work under a grant by,
or a contract with or for the benefit of, the United States
if the head of the department or agency concerned with the
grant or contract certifies in writing that the national
interest so requires and publishes such certification in the
Federal Register.
(f) Nothing in this section prevents an individual from
giving testimony under oath or from making statements
required to be made under penalty of perjury. (Oct. 23,
1962, Pub. L. 87-849, Sec. 1(a), 76 Stat. 1121, and amended
Pub. L. 91-405, Title II, Sec. 204(d)(2), (3), Sept. 22,
1970, 84 Stat. 853; Pub. L. 99-646, Sec. 47(a), Nov. 10,
1986, 100 Stat. 3604, 3605; Pub. L. 101-194, Title IV,
Sec. 402, Nov. 30, 1989, 103 Stat. 1748; Pub. L. 101-280,
Sec. 5(b), May 4, 1990, 104 Stat. 159.)
453 Sec. 204. Practice in United States Court of Federal Claims
or the United States Court of Appeals for the Federal
Circuit by Members of Congress.
Whoever, being a Member of Congress or Member of
Congress Elect, practices in the United States Court of
Federal Claims or the United States Court of Appeals for the
Federal Circuit shall be subject to the penalties set forth
in section 216 of this title. (June 25, 1948, ch. 645, 62
Stat. 697; Oct. 23, 1962; Pub. L. 87-849, 76 Stat. 1122;
Sept. 22, 1970; Pub. L. 91-405, Sec. 204(d), 84 Stat. 853;
Pub. L. 97-164, Sec. 147, Apr. 2, 1982, 96 Stat. 45; Pub. L.
101-194, Title IV, Sec. 403, Nov. 30, 1989, 103 Stat. 1749;
Pub. L. 102-572, Sec. 902(b)(1), Oct. 29, 1992, 106 Stat.
4516.)
454 Sec. 205. Activities of officers and employees in claims
against and other matters affecting the Government.
(a) Whoever, being an officer or employee of the United
States in the executive, legislative, or judicial branch of
the Government or in any agency of the United States, other
than in the proper discharge of his official duties--
(1) acts as agent or attorney for
prosecuting any claim against the United States,
or receives any gratuity, or any share of or
interest in any such claim, in consideration of
assistance in the prosecution of such claim; or
(2) acts as agent or attorney for anyone
before any department, agency, court, court-
martial, officer, or civil, military, or naval
commission in connection with any covered matter
in which the United States is a party or has a
direct and substantial interest;
shall be subject to the penalties set forth in section 216
of this title.
(b) Whoever, being an officer or employee of the
District of Columbia or an officer or employee of the Office
of the United States Attorney for the District of Columbia,
otherwise than in the proper discharge of official duties--
(1) acts as agent or attorney for
prosecuting any claim against the District of
Columbia, or receives any gratuity, or any share
of or interest in any such claim in
consideration of assistance in the prosecution
of such claim; or
(2) acts as agent or attorney for anyone
before any department, agency, court, officer,
or commission in connection with any covered
matter in which the District of Columbia is a
party or has a direct and substantial interest;
shall be subject to the penalties set forth in section 216
of this title.
(c) A special Government employee shall be subject to
subsections (a) and (b) only in relation to a covered matter
involving a specific party or parties--
(1) in which he has at any time participated
personally and substantially as a Government
employee or special Government employee through
decision, approval, disapproval, recommendation,
the rendering of advice, investigation, or
otherwise; or
(2) which is pending in the department or
agency of the Government in which he is serving.
Paragraph (2) shall not apply in the case of a special
Government employee who has served in such department or
agency no more than sixty days during the immediately
preceding period of three hundred and sixty-five consecutive
days.
(d)(1) Nothing in subsection (a) or (b) prevents an
officer or employee, if not inconsistent with the faithful
performance of that officer's or employee's duties, from
acting without compensation as agent or attorney for, or
otherwise representing--
(A) any person who is the subject of
disciplinary, loyalty, or other personnel
administration proceedings in connection with
those proceedings; or
(B) except as provided in paragraph (2), any
cooperative, voluntary, professional,
recreational, or similar organization or group
not established or operated for profit, if a
majority of the organization's or group's
members are current officers or employees of the
United States or of the District of Columbia, or
their spouses or dependent children.
(2) Paragraph (1)(B) does not apply with respect to a
covered matter that--
(A) is a claim under subsection (a)(1) or
(b)(1);
(B) is a judicial or administrative
proceeding where the organization or group is a
party; or
(C) involves a grant, contract, or other
agreement (including a request for any such
grant, contract, or agreement) providing for the
disbursement of Federal funds to the
organization or group.
(e) Nothing in subsection (a) or (b) prevents an officer
or employee, including a special Government employee, from
acting, with or without compensation, as agent or attorney
for, or otherwise representing, his parents, spouse, child,
or any person for whom, or for any estate for which, he is
serving as guardian, executor, administrator, trustee, or
other personal fiduciary except--
(1) in those matters in which he has
participated personally and substantially as a
Government employee or special Government
employee through decision, approval,
disapproval, recommendation, the rendering of
advice, investigation, or otherwise, or
(2) in those matters which are the subject
of his official responsibility,
subject to approval by the Government official responsible
for appointment to his position.
(f) Nothing in subsection (a) or (b) prevents a special
Government employee from acting as agent or attorney for
another person in the performance of work under a grant by,
or a contract with or for the benefit of, the United States
if the head of the department or agency concerned with the
grant or contract certifies in writing that the national
interest so requires and publishes such certification in the
Federal Register.
(g) Noting in this section prevents an officer or
employee from giving testimony under oath or from making
statements required to be made under penalty for perjury or
contempt.
(h) For the purpose of this section, the term ``covered
matter'' means any judicial or other proceeding,
application, request for a ruling or other determination,
contract, claim, controversy, investigation, charge,
accusation, arrest, or other particular matter.
(i) Nothing in this section prevents an employee from
acting pursuant to--
(1) chapter 71 of title 5;
(2) section 1004 or chapter 12 of title 39;
(3) section 3 of the Tennessee Valley
Authority Act of 1933 (16 U.S.C. 831b);
(4) chapter 10 of title I of the Foreign
Service Act of 1980 (22 U.S.C. 4104 et seq.); or
(5) any provision of any other Federal or
District of Columbia law that authorizes labor-
management relations between an agency or
instrumentality of the United States or the
District of Columbia and any labor organization
that represents its employees.
(Added Pub. L. 87-849, Sec. 1(a), October 23, 1962, 76 Stat.
1122, and amended Pub. L. 101-194, Title IV, Sec. 404, Nov.
30, 1989, 103 Stat. 1750; Pub. L. 101-280, Sec. 5(c), May 4,
1990, 104 Stat. 159; Pub. L. 104-177, Sec. 2, Aug. 6, 1996,
110 Stat. 1563.)
455 Sec. 210. Offer to procure appointive public office.
Whoever pays or offers or promises any money or thing of
value to any person, firm, or corporation in consideration
of the use or promise to use any influence to procure any
appointive office or place under the United States for any
person, shall be fined under this title or imprisoned not
more than one year, or both. (June 25, 1948, ch. 645,
Sec. 1, 62 Stat. 694; Oct. 23, 1962, Pub. L. 87-849,
Sec. 1(b), 76 Stat. 1125; Sept. 13, 1994, Pub. L. 103-322,
Sec. 330016 (1)(H), 108 Stat. 2147.)
456 Sec. 211. Acceptance or solicitation to obtain appointive
public office.
Whoever solicits or receives, either as a political
contribution, or for personal emolument, any money or thing
of value, in consideration of the promise of support or use
of influence in obtaining for any person any appointive
office or place under the United States, shall be fined not
more than $1,000 or imprisoned not more than one year, or
both.
Whoever solicits or receives any thing of value in
consideration of aiding a person to obtain employment under
the United States either by referring his name to an
executive department or agency of the United States or by
requiring the payment of a fee because such person has
secured such employment shall be fined under this title or
imprisoned not more than one year, or both. This section
shall not apply to such services rendered by an employment
agency pursuant to the written request of an executive
department or agency of the United States. (June 25, 1948,
ch. 645, Sec. 1, 62 Stat. 694; Sept. 13, 1951, ch. 380, 65
Stat. 320; Oct. 23, 1962, Pub. L. 87-849, Sec. 1(b), 76
Stat. 1125; Sept. 13, 1994, Pub. L. 103-322,
Sec. 330016(1)(H), 108 Stat. 2147.)
Chapter 18.--CONGRESSIONAL, CABINET, AND SUPREME COURT
ASSASSINATION, KIDNAPPING, AND ASSAULT
458 Sec. 351. Congressional, Cabinet, and Supreme Court
assassination, kidnapping, and assault; penalties.
(a) Whoever kills any individual who is a Member of
Congress or a Member-of-Congress-elect, a member of the
executive branch of the Government who is the head, or a
person nominated to be head during the pendency of such
nomination, of a department listed in section 101 of title 5
or the second ranking official in such department, the
Director (or a person nominated to be Director during the
pendency of such nomination) or Deputy Director of Central
Intelligence, a major Presidential or Vice Presidential
candidate (as defined in section 3056 of this title), or a
Justice of the United States, as defined in section 451 of
title 28, or a person nominated to be a Justice of the
United States, during the pendency of such nomination, shall
be punished as provided by sections 1111 and 1112 of this
title.
(b) Whoever kidnaps any individual designated in
subsection (a) of this section shall be punished (1) by
imprisonment for any term of years or for life, or (2) by
death or imprisonment for any term of years or for life, if
death results to such individual.
(c) Whoever attempts to kill or kidnap any individual
designated in subsection (a) of this section shall be
punished by imprisonment for any term of years or for life.
(d) If two or more persons conspire to kill or kidnap
any individual designated in subsection (a) of this section
and one or more of such persons do any act to effect the
object of the conspiracy, each shall be punished (1) by
imprisonment for any term of years or for life, or (2) by
death or imprisonment for any term of years or for life, if
death results to such individual.
(e) Whoever assaults any person designated in subsection
(a) of this section shall be fined under this title, or
imprisoned not more than one year, or both; and if the
assault involved the use of a dangerous weapon, or personal
injury results, shall be fined under this title, or
imprisoned not more than ten years, or both.
(f) If Federal investigative or prosecutive jurisdiction
is asserted for a violation of this section, such assertion
shall suspend the exercise of jurisdiction by a State or
local authority, under any applicable State or local law,
until Federal action is terminated.
(g) Violations of this section shall be investigated by
the Federal Bureau of Investigation. Assistance may be
requested from any Federal, State, or local agency,
including the Army, Navy, and Air Force, any statute, rule,
or regulation to the contrary notwithstanding.
(h) In a prosecution for an offense under this section
the Government need not prove that the defendant knew that
the victim of the offense was an individual protected by
this section.
(i) There is extraterritorial jurisdiction over the
conduct prohibited by this section. (Added Pub. L. 91-644,
Title IV, Sec. 15, Jan. 2, 1971, 84 Stat. 1891, and amended
Pub. L. 97-285, Sec. Sec. 1, 2(a), Oct. 6, 1982, 96 Stat.
1219; Pub. L. 99-646, Sec. 62, Nov. 10, 1986, 100 Stat.
3614; Pub. L. 100-690, Title VII, Sec. 7074, Nov. 18, 1988,
102 Stat. 4405; Pub. L. 103-322, Title XXXII, Sec.
320101(d), Title XXXIII, Sec. Sec. 330016(1)(K), (L),
330021(1), Sept. 13, 1994, 108 Stat. 2108, 2147, 2150; Pub.
L. 104-294, Title VI, Sec. 604(b)(12)(C), (c)(2), Oct. 11,
1996, 110 Stat. 3507, 3509.)
Chapter 23.--CONTRACTS
460 Sec. 431. Contracts by Member of Congress.
Whoever, being a Member of or Delegate to Congress, or a
Resident Commissioner, either before or after he has
qualified, directly or indirectly, himself, or by any other
person in trust for him, or for his use or benefit, or on
his account, undertakes, executes, holds, or enjoys, in
whole or in part, any contract or agreement, made or entered
into in behalf of the United States or any agency thereof,
by any officer or person authorized to make contracts on its
behalf, shall be fined under this title.
All contracts or agreements made in violation of this
section shall be void; and whenever any sum of money is
advanced by the United States or any agency thereof, in
consideration of any such contract or agreement, it shall
forthwith be repaid; and in case of failure or refusal to
repay the same when demanded by the proper officer of the
department or agency under whose authority such contract or
agreement shall have been made or entered into, suit shall
at once be brought against the person so failing or refusing
and his sureties for the recovery of the money so advanced.
(June 25, 1948, ch. 645, Sec. 1, 62 Stat. 702; Oct. 31,
1951, ch. 655, Sec. 19, 65 Stat. 717; Sept. 13, 1994, Pub.
L. 103-322, Sec. 330016(1)(J), 108 Stat. 2147.)
461 Sec. 432. Officer or employee contracting with Member of
Congress.
Whoever, being an officer or employee of the United
States, on behalf of the United States or any agency
thereof, directly or indirectly makes or enters into any
contract, bargain, or agreement, with any Member of or
Delegate to Congress, or any Resident Commissioner, either
before or after he has qualified, shall be fined under this
title. (June 25, 1948, ch. 645, Sec. 1, 62 Stat. 702; Sept.
13, 1994, Pub. L. 103-322, Sec. 330016(1)(J), 108 Stat.
2147.)
462 Sec. 433. Exemptions with respect to certain contracts.
Sections 431 and 432 of this title shall not extend to
any contract or agreement made or entered into, or accepted
by any incorporated company for the general benefit of such
corporation; nor to the purchase or sale of bills of
exchange or other property where the same are ready for
delivery and payment therefor is made at the time of making
or entering into the contract or agreement. Nor shall the
provisions of such section apply to advances, loans,
discounts, purchase or repurchase agreements extensions, or
renewals thereof, or acceptances, releases or substitutions
of security therefor or other contracts or agreements made
or entered into under the Reconstruction Finance Corporation
Act, the Agricultural Adjustment Act, the Federal Farm Loan
Act, the Emergency Farm Mortgage Act of 1933, the Farm
Credit Act of 1933, or the Home Owners Loan Act of 1933, the
Farmers' Home Administration Act of 1946, the Bankhead-Jones
Farm Tenant Act, or to crop insurance agreements or
contracts or agreements of a kind which the Secretary of
Agriculture may enter into with farmers.
Any exemption permitted by this section shall be made a
matter of public record. (June 25, 1948, ch. 645, Sec. 1, 62
Stat. 703; Oct. 4, 1961, Pub. L. 87-353, Sec. 3(o), 75 Stat.
774.)
Chapter 29.--ELECTIONS AND POLITICAL ACTIVITIES
Sec. 591. (Repealed.)
462.1-1
462.1-1 Sec. 594. Intimidation of voters.
Whoever intimidates, threatens, coerces, or attempts to
intimidate, threaten, or coerce, any other person for the
purpose of interfering with the right of such other person
to vote or to vote as he may choose, or of causing such
other person to vote for, or not to vote for, any candidate
for the office of President, Vice President, Presidential
elector, Member of the Senate, Member of the House of
Representatives, Delegate from the District of Columbia, or
Resident Commissioner, at any election held solely or in
part for the purpose of electing such candidate, shall be
fined under this title or imprisoned not more than one year,
or both. (June 25, 1948, ch. 645, 62 Stat. 720; Sept. 22,
1970, Pub. L. 91-405, Title II, Sec. 204(d)(5), 84 Stat.
853; Sept. 13, 1994, Pub. L. 103-322, Sec. 330016(1)(H), 108
Stat. 2147.)
462.1-2
462.1-2 Sec. 595. Interference by administrative employees of
Federal, State, or Territorial Governments.
Whoever, being a person employed in any administrative
position by the United States, or by any department or
agency thereof, or by the District of Columbia, or any
agency or instrumentality thereof, or by any State,
Territory, or Possession of the United States, or any
political subdivision, municipality, or agency thereof, or
agency of such political subdivision or municipality
(including any corporation owned or controlled by any State,
Territory, or Possession of the United States or by any such
political subdivision, municipality, or agency), in
connection with any activity which is financed in whole or
in part by loans or grants made by the United States, or any
department or agency thereof, uses his official authority
for the purpose of interfering with, or affecting, the
nomination or the election of any candidate for the office
of President, Vice President, Presidential elector, Member
of the Senate, Member of the House of Representatives,
Delegate from the District of Columbia, or Resident
Commissioner, shall be fined under this title or imprisoned
not more than one year, or both.
This section shall not prohibit or make unlawful any act
by any officer or employee of any educational or research
institution, establishment, agency, or system which is
supported in whole or in part by any state or political
subdivision thereof, or by the District of Columbia or by
any Territory or Possession of the United States; or by any
recognized religious, philanthropic or cultural
organization. (June 25, 1948, ch. 645, 62 Stat. 720; Sept.
22, 1970, Pub. L. 91-405, Title II, Sec. 204(d)(6), 84 Stat.
853; Sept. 13, 1994, Pub. L. 103-322, Sec. 330016(1)(H), 108
Stat. 2147.)
462.2 Sec. 597. Expenditures to influence voting.
Whoever makes or offers to make an expenditure to any
person, either to vote or withhold his vote, or to vote for
or against any candidate; and
Whoever solicits, accepts, or receives any such
expenditure in consideration of his vote or the withholding
of his vote--
Shall be fined under this title or imprisoned not more
than one year, or both; and if the violation was willful,
shall be fined under this title or imprisoned not more than
two years, or both. (June 25, 1948, ch. 645, 62 Stat. 721;
Sept. 13, 1994, Pub. L. 103-322, Title XXXIII,
Sec. 330016(1)(H), 108 Stat. 2147; Oct. 11, 1996, Pub. L.
104-294, Title VI, Sec. 601(a)(12), 110 Stat. 3498.)
462.3 Sec. 598. Coercion by means of relief appropriations.
Whoever uses any part of any appropriation made by
Congress for work relief, relief, or for increasing
employment by providing loans and grants for public-works
projects, or exercises or administers any authority
conferred by any Appropriation Act for the purpose of
interfering with, restraining, or coercing any individual in
the exercise of his right to vote at any election, shall be
fined under this title or imprisoned not more than one year,
or both. (June 25, 1948, ch. 645, 62 Stat. 721; Sept. 13,
1994, Pub. L. 103-322, Title XXXIII, Sec. 330016(1)(H), 108
Stat. 2147.)
462.4 Sec. 599. Promise of appointment by candidate.
Whoever, being a candidate, directly or indirectly
promises or pledges the appointment, or the use of his
influence or support for the appointment of any person to
any public or private position or employment, for the
purpose of procuring support in his candidacy shall be fined
under this title or imprisoned not more than one year, or
both; and if the violation was willful, shall be fined under
this title or imprisoned not more than two years, or both.
(June 25, 1948, ch. 645, 62 Stat. 721; Sept. 13, 1994, Pub.
L. 103-322, Sec. 330016(1)(H), (L), 108 Stat. 2147.)
462.5 Sec. 600. Promise of employment or other benefit for
political activity.
Whoever, directly or indirectly, promises any
employment, position, compensation, contract, appointment,
or other benefit, provided for or made possible in whole or
in part by any Act of Congress, or any special consideration
in obtaining any such benefit, to any person as
consideration, favor, or reward for any political activity
or for the support of or opposition to any candidate or any
political party in connection with any general or special
election to any political office, or in connection with any
primary election or political convention or caucus held to
select candidates for any political office, shall be fined
under this title or imprisoned not more than one year, or
both. (June 25, 1948, ch. 645, 62 Stat. 721; Feb. 7, 1972,
Pub. L. 92-225, Sec. 202, 86 Stat 9; Oct. 2, 1976, Pub. L.
94-453, Sec. 3, 90 Stat. 1517; Sept. 13, 1994, Pub. L. 103-
322, Sec. 330016(1)(L), 108 Stat. 2147.)
462.6 Sec. 601. Deprivation of employment or other benefit for
political contribution.
(a) Whoever, directly or indirectly, knowingly causes or
attempts to cause any person to make a contribution of a
thing of value (including services) for the benefit of any
candidate or any political party, by means of the denial or
deprivation, or the threat of the denial or deprivation,
of--
(1) any employment, position, or work in or
for any agency or other entity of the Government
of the United States, a State, or a political
subdivision of a State, or any compensation or
benefit of such employment, position, or work;
or
(2) any payment or benefit of a program of
the United States, a State, or a political
subdivision of a State;
if such employment, position, work, compensation, payment,
or benefit is provided for or made possible in whole or in
part by an Act of Congress, shall be fined under this title
or imprisoned not more than one year, or both.
(b) As used in this section--
(1) the term ``candidate'' means an
individual who seeks nomination for election, or
election, to Federal, State, or local office,
whether or not such individual is elected, and,
for purposes of this paragraph, an individual
shall be deemed to seek nomination for election,
or election, to Federal, State, or local office,
if he has (A) taken the action necessary under
the law of a State to qualify himself for
nomination for election, or election, or (B)
received contributions or made expenditures, or
has given his consent for any other person to
receive contributions or make expenditures, with
a view to bringing about his nomination for
election, or election, to such office;
(2) the term ``election'' means (A) a
general, special primary, or runoff election,
(B) a convention or caucus of political party
held to nominate a candidate, (C) a primary
election held for the selection of delegates to
a nominating convention of a political party,
(D) a primary election held for the expression
of a preference for the nomination of persons
for election to the office of President, and (E)
the election of delegates to a constitutional
convention for proposing amendments to the
Constitution of the United States or of any
State; and
(3) the term ``State'' means a State of the
United States, the District of Columbia, the
Commonwealth of Puerto Rico, or any territory or
possession of the United States. (June 25, 1948,
ch. 645, 62 Stat. 721; Oct. 2, 1976, Pub. L. 94-
453, Sec. 1, 90 Stat. 1516; Sept. 13, 1994, Pub.
L. 103-322, Sec. 330016(1)(L), 108 Stat. 2147.)
462.7 Sec. 602. Solicitation of political contributions.
(a) It shall be unlawful for--
(1) a candidate for the Congress;
(2) an individual elected to or serving in
the office of Senator or Representative in, or
Delegate or Resident Commissioner to, the
Congress;
(3) an officer or employee of the United
States or any department or agency thereof; or
(4) a person receiving any salary or
compensation for services from money derived
from the Treasury of the United States; to
knowingly solicit any contribution within the
meaning of section 301(8) of the Federal
Election Campaign Act of 1971 from any other
such officer, employee, or person. Any person
who violates this section shall be fined under
this title or imprisoned not more than 3 years,
or both.
(b) The prohibition in subsection (a) shall not apply to
any activity of an employee (as defined in section 7322(1)
of title 5) or any individual employed in or under the
United States Postal Service or the Postal Rate Commission,
unless that activity is prohibited by section 7323 or 7324
of such title. (June 25, 1948, ch. 645, 62 Stat. 722; Jan.
8, 1980, Pub. L. 96-187, Title II, Sec. 201(a)(3), 93 Stat.
1367; Oct. 6, 1994, Pub. L. 103-94, Sec. 4, 107 Stat. 1004.)
462.8 Sec. 603. Making political contributions.
(a) It shall be unlawful for an officer or employee of
the United States or any department or agency thereof, or a
person receiving any salary or compensation for services
from money derived from the Treasury of the United States,
to make any contribution within the meaning of section
301(8) of the Federal Election Campaign Act of 1971 to any
other such officer, employee or person or to any Senator or
Representative in, or Delegate or Resident Commissioner to,
the Congress, if the person receiving such contribution is
the employer or employing authority of the person making the
contribution. Any person who violates this section shall be
fined under this title or imprisoned not more than three
years, or both.
(b) For purposes of this section, a contribution to an
authorized committee as defined in section 302(e)(1) of the
Federal Election Campaign Act of 1971 shall be considered a
contribution to the individual who has authorized such
committee.
(c) The prohibition in subsection (a) shall not apply to
any activity of an employee (as defined in section 7322(1)
of title 5) or any individual employed in or under the
United States Postal Service or the Postal Rate Commission,
unless that activity is prohibited by section 7323 or 7324
of such title. (June 25, 1948, ch. 645, 62 Stat. 722; Oct.
31, 1951, ch. 655, Sec. 20(b), 65 Stat. 718; Jan. 8, 1980,
Pub. L. 96-187, Title II, Sec. 201(a)(4), 93 Stat. 1367;
Oct. 6, 1993, Pub. L. 103-94, Sec. 7, 107 Stat. 1005.)
462.9 Sec. 604. Solicitation from persons on relief.
Whoever solicits or receives or is in any manner
concerned in soliciting or receiving any assessment,
subscription, or contribution for any political purpose from
any person known by him to be entitled to, or receiving
compensation, employment, or other benefit provided for or
made possible by any Act of Congress appropriating funds for
work relief or relief purposes, shall be fined under this
title or imprisoned not more than one year, or both. (June
25, 1948, ch. 645, 62 Stat. 722, Pub. L. 103-322,
Sec. 330016(1)(H), Sept. 13, 1994, 108 Stat. 2147.)
462.10 Sec. 605. Disclosure of names of persons on relief.
Whoever, for political purposes, furnishes or discloses
any list of names of persons receiving compensation,
employment or benefits provided for or made possible by any
Act of Congress appropriating, or authorizing the
appropriation of funds for work relief or relief purposes,
to a political candidate, committee, campaign manager, or to
any person for delivery to a political candidate, committee,
or campaign manager; and
Whoever receives any such list or names for political
purposes--shall be fined under this title or imprisoned not
more than one year, or both. (June 25, 1948, ch. 645, 62
Stat. 722, Pub. L. 103-322, Sec. 330016(1)(H), Sept. 13,
1994, 108 Stat. 2147.)
462.11 Sec. 606. Intimidation to secure political contributions.
Whoever, being one of the officers or employees of the
United States mentioned in section 602 of this title,
discharges, or promotes, or degrades, or in any manner
changes the official rank or compensation of any other
officer or employee, or promises or threatens so to do, for
giving or withholding or neglecting to make any contribution
of money or other valuable thing for any political purpose,
shall be fined under this title or imprisoned not more than
three years, or both. (June 25, 1948, ch. 645, 62 Stat.
722.)
462.12 Sec. 607. Place of solicitation.
(a) It shall be unlawful for any person to solicit or
receive any contribution within the meaning of section
301(8) of the Federal Election Campaign Act of 1971 in any
room or building occupied in the discharge of official
duties by any person mentioned in section 603, or in any
navy yard, fort, or arsenal. Any person who violates this
section shall be fined under this title or imprisoned not
more than three years, or both.
(b) The prohibition in subsection (a) shall not apply to
the receipt of contributions by persons on the staff of a
Senator or Representative in, or Delegate or Resident
Commissioner to, the Congress, provided, that such
contributions have not been solicited in any manner which
directs the contributor to mail or deliver a contribution to
any room, building, or other facility referred to in
subsection (a), and provided that such contributions are
transferred within seven days of receipt to a political
committee within the meaning of section 302(e) of the
Federal Election Campaign Act of 1971. (June 25, 1948, ch.
645, 62 Stat. 722; Jan. 8, 1980, Pub. L. 96-187, Title II,
Sec. 201(a)(5), 93 Stat. 1367.)
Chapter 35.--EMBLEMS, INSIGNIA AND NAMES
462.17 Sec. 713. Use of likenesses of the great seal of the United
States, the seals of the President and Vice President,
and the seal of the United States Senate, the seal of
the United States House of Representatives, and the seal
of the United States Congress.
(a) Whoever knowingly displays any printed or other
likeness of the great seal of the United States, or of the
seals of the President or the Vice President of the United
States, or the seal of the United States Senate, or the seal
of the United States House of Representatives, or the seal
of the United States Congress, or any facsimile thereof, in,
or in connection with, any advertisement, poster, circular,
book, pamphlet, or other publication, public meeting, play,
motion picture, telecast, or other production, or on any
building, monument, or stationery, for the purpose of
conveying, or in a manner reasonably calculated to convey, a
false impression of sponsorship or approval by the
Government of the United States or by any department,
agency, or instrumentality thereof, shall be fined under
this title or imprisoned not more than six months, or both.
(b) Whoever, except as authorized under regulations
promulgated by the President and published in the Federal
Register, knowingly manufactures, reproduces, sells, or
purchases for resale, either separately or appended to any
article manufactured or sold, any likeness of the seals of
the President or Vice President, or any substantial part
thereof, except for manufacture or sale of the article for
the official use of the Government of the United States,
shall be fined under this title or imprisoned not more than
six months, or both.
(c) Whoever, except as directed by the United States
Senate, or the Secretary of the Senate on its behalf,
knowingly uses, manufactures, reproduces, sells or purchases
for resale, either separately or appended to any article
manufactured or sold, any likeness of the seal of the United
States Senate, or any substantial part thereof, except for
manufacture or sale of the article for the official use of
the Government of the United States, shall be fined under
this title or imprisoned not more than six months, or both.
(d) Whoever, except as directed by the United States
House of Representatives, or the Clerk of the House of
Representatives on its behalf, knowingly uses, manufactures,
reproduces, sells or purchases for resale, either separately
or appended to any article manufactured or sold, any
likeness of the seal of the United States House of
Representatives, or any substantial part thereof, except for
manufacture or sale of the article for the official use of
the Government of the United States, shall be fined under
this title or imprisoned not more than six months, or both.
(e) Whoever, except as directed by the United States
Congress, or the Secretary of the Senate and the Clerk of
the House of Representatives, acting jointly on its behalf,
knowingly uses, manufactures, reproduces, sells or purchases
for resale, either separately or appended to any article
manufactured or sold, any likeness of the seal of the United
States Congress, or any substantial part thereof, except for
manufacture or sale of the article for the official use of
the Government of the United States, shall be fined under
this title or imprisoned not more than six months, or both.
(f) A violation of the provisions of this section may be
enjoined at the suit of the Attorney General,
(1) in the case of the great seal of the
United States and the seals of the President and
Vice President, upon complaint by any authorized
representative of any department or agency of
the United States;
(2) in the case of the seal of the United
States Senate, upon complaint by the Secretary
of the Senate;
(3) in the case of the seal of the United
States House of Representatives, upon complaint
by the Clerk of the House of Representatives;
and
(4) in the case of the seal of the United
States Congress, upon complaint by the Secretary
of the Senate and the Clerk of the House of
Representatives, acting jointly. (Added Pub. L.
89-807, Sec. 1(a), Nov. 11, 1966, 80 Stat. 1525,
and amended Pub. L. 91-651, Sec. 1, Jan. 5,
1971, 84 Stat. 1940; Pub. L. 102-229, Title II,
Sec. 210(a)-(d), Dec. 12, 1991, 105 Stat. 1717;
Pub. L. 103-322, Title XXXIII,
Sec. 330016(1)(E), Sept. 13, 1994, 108 Stat.
2146; Pub. L. 105-55, Title III, Sec. 308(a)-
(d), Oct. 7, 1997, 111 Stat. 1198.)
Chapter 37.--ESPIONAGE AND CENSORSHIP
462.19 Sec. 798. Disclosure of classified information.
(a) Whoever knowingly and willfully communicates,
furnishes, transmits, or otherwise makes available to an
unauthorized person, or publishes, or uses in any manner
prejudicial to the safety or interest of the United States
or for the benefit of any foreign government to the
detriment of the United States any classified information--
(1) concerning the nature, preparation, or
use of any code, cipher, or cryptographic system
of the United States or any foreign government;
or
(2) concerning the design, construction,
use, maintenance, or repair of any device,
apparatus, or appliance used or prepared or
planned for use by the United States or any
foreign government for cryptographic or
communication intelligence purposes; or
(3) concerning the communication
intelligence activities of the United States or
any foreign government; or
(4) obtained by the processes of
communication intelligence from the
communications of any foreign government,
knowing the same to have been obtained by such
processes--
Shall be fined under this title or imprisoned not more than
ten years, or both.
(b) As used in subsection (a) of this section--
The term ``classified information'' means information
which, at the time of a violation of this section, is for
reasons of national security, specifically designated by a
United States Government Agency for limited or restricted
dissemination or distribution;
The terms ``code,'' ``cipher,'' and ``cryptographic
system'' include in their meanings, in addition to their
usual meanings, any method of secret writing and any
mechanical or electrical device or method used for the
purpose of disguising or concealing the contents,
significance, or meanings of communications;
The term ``foreign government'' includes in its meaning
any person or persons acting or purporting to act for or on
behalf of any faction, party, department, agency, bureau, or
military force of or within a foreign country, or for or on
behalf of any government or any person or persons purporting
to act as a government within a foreign country, whether or
not such government is recognized by the United States;
The term ``communication intelligence'' means all
procedures and methods used in the interception of
communications and the obtaining of information from such
communications by other than the intended recipients;
The term ``unauthorized person'' means any person who,
or agency which, is not authorized to receive information of
the categories set forth in subsection (a) of this section,
by the President, or by the head of a department of agency
of the United States Government which is expressly
designated by the President to engage in communication
intelligence activities for the United States.
(c) Nothing in this section shall prohibit the
furnishing, upon lawful demand, of information to any
regularly constituted committee of the Senate or House of
Representatives of the United States of America, or joint
committee thereof.
(d)(1) Any person convicted of a violation of this
section shall forfeit to the United States irrespective of
any provision of State law--
(A) any property constituting, or derived
from, any proceeds the person obtained, directly
or indirectly, as the result of such violation;
and
(B) any of the person's property used, or
intended to be used, in any manner or part, to
commit, or to facilitate the commission of, such
violation.
(2) The court, in imposing sentence on a defendant for a
conviction of a violation of this section, shall order that
the defendant forfeit to the United States all property
described in paragraph (1).
(3) Except as provided in paragraph (4), the provisions
of subsections (b), (c), and (e) through (p) of section 413
of the Comprehensive Drug Abuse Prevention and Control Act
of 1970 (21 U.S.C. 853(b), (c), and (e)-(p)), shall apply
to--
(A) property subject to forfeiture under
this subsection;
(B) any seizure or disposition of such
property; and
(C) any administrative or judicial
proceeding in relation to such property,
if not inconsistent with this subsection.
(4) Notwithstanding section 524(c) of title 28, there
shall be deposited in the Crime Victims Fund established
under section 1402 of the Victims of Crime Act of 1984 (42
U.S.C. 10601) all amounts from the forfeiture of property
under this subsection remaining after the payment of
expenses for forfeiture and sale authorized by law.
(5) As used in this subsection, the term ``State'' means
any State of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, and any territory or
possession of the United States.
(Added Oct. 31, 1951, ch. 655, Sec. 24(a), 65 Stat. 719, and
amended Sept. 13, 1994, Pub. L. 103-322, Title XXXIII,
Sec. 330016(1)(L), 108 Stat. 2147; Oct. 14, 1994, Pub. L.
103-359, Title VIII, Sec. 804(a), 108 Stat. 3439; Oct. 11,
1996, Pub. L. 104-294, Title VI, Sec. 602(c), 110 Stat.
3503.)
Chapter 73.--OBSTRUCTION OF JUSTICE
462.20 Sec. 1505. Obstruction of proceedings before departments,
agencies, and committees.
Whoever, with intent to avoid, evade, prevent, or
obstruct compliance, in whole or in part, with any civil
investigative demand duly and properly made under the Civil
Process Act, willfully withholds, misrepresents, removes
from any place, conceals, covers up, destroys, mutilates,
alters, or by other means falsifies any documentary
material, answers to written interrogatories, or oral
testimony, which is the subject of such demand; or attempts
to do so or solicits another to do so; or
Whoever corruptly, or by threats or force, or by any
threatening letter or communication influences, obstructs,
or impedes or endeavors to influence, obstruct, or impede
the due and proper administration of the law under which any
pending proceeding is being had before any department or
agency of the United States, or the due and proper exercise
of the power of inquiry under which any inquiry or
investigation is being had by either House, or any committee
of either House or any joint committee of the Congress--
Shall be fined under this title or imprisoned not more
than five years, or both. (June 25, 1948, ch. 645, 62 Stat.
770; Sept. 19, 1962, Pub. L. 87-664, Sec. 6(a), 76 Stat.
551; Oct. 15, 1970, Pub. L. 91-452, Title IX, Sec. 903, 84
Stat. 947; Sept. 30, 1976, Pub. L. 94-435, Title I,
Sec. 105, 90 Stat. 1389; Oct. 12, 1982, Pub. L. 97-291,
Sec. 4(d), 96 Stat. 1253; Sept. 13, 1994, Pub. L. 103-322,
Title XXXIII, Sec. 330016(1)(K), 108 Stat. 2147.)
Chapter 83.--POSTAL SERVICE
463 Sec. 1719. Franking privilege.
Whoever makes use of any official envelope, label, or
indorsement authorized by law, to avoid the payment of
postage or registry fee on his private letter, packet,
package, or other matter in the mail, shall be fined under
this title. (June 25, 1948, ch. 645, 62 Stat. 783; Sept. 13,
1994, Pub. L. 103-322, Title XXXIII, Sec. 330016(1)(F), 108
Stat. 2147.)
Chapter 93.--PUBLIC OFFICERS AND EMPLOYEES
463.5 Sec. 1906. Disclosure of information from a bank examination
report.
Whoever, being an examiner, public or private, or a
General Accounting Office employee with access to bank
examination report information under section 714 of title
31, discloses the names of borrowers or the collateral for
loans of any member bank of the Federal Reserve System, any
bank insured by the Federal Deposit Insurance Corporation,
any branch or agency of a foreign bank (as such terms are
defined in paragraphs (1) and (3) of section 1(b) of the
International Banking Act of 1978), or any organization
operating under section 25 or section 25(a) of the Federal
Reserve Act, examined by him or subject to General
Accounting Office audit under section 714 of title 31 to
other than the proper officers of such bank, branch, agency,
or organization, without first having obtained the express
permission in writing from the Comptroller of the Currency
as to a national bank or a Federal branch or Federal agency
(as such terms are defined in paragraphs (5) and (6) of
section 1(b) of the International Banking Act of 1978), the
Board of Governors of the Federal Reserve System as to a
State member bank, an uninsured State branch or State agency
(as such terms are defined in paragraphs (11) and (12) of
section 1(b) of the International Banking Act of 1978), or
an organization operating under section 25 or section 25(a)
of the Federal Reserve Act, or the Federal Deposit Insurance
Corporation as to any other insured bank, including any
insured branch (as defined in section 3(s) of the Federal
Deposit Insurance Act), or from the board of directors of
such bank or organization, except when ordered to do so by a
court of competent jurisdiction, or by direction of the
Congress of the United States, or either House thereof, or
any committee of Congress or either House duly authorized or
as authorized by section 714 of title 31 shall be fined
under this title or imprisoned not more than one year or
both. (June 25, 1948, ch. 645, 62 Stat. 791; July 21, 1978,
Pub. L. 95-320, Sec. 3, 92 Stat. 393; Sept. 13, 1982, Pub.
L. 97-258, Sec. 3(e)(1), 96 Stat. 1064; Nov. 29, 1990, Pub.
L. 101-647, Title XXV, Sec. 2597(k), 104 Stat. 4911; Sept.
13, 1994, Pub. L. 103-322, Title XXXIII, Sec. 330016(1)(K),
108 Stat. 2147.)
464 Sec. 1913. Lobbying with appropriated moneys.
No part of the money appropriated by any enactment of
Congress shall, in the absence of express authorization by
Congress, be used directly or indirectly to pay for any
personal service, advertisement, telegram, telephone,
letter, printed or written matter, or other device, intended
or designed to influence in any manner a Member of Congress,
to favor or oppose, by vote or otherwise, any legislation or
appropriation by Congress, whether before or after the
introduction of any bill or resolution proposing such
legislation or appropriation; but this shall not prevent
officers or employees of the United States or of its
departments or agencies from communicating to Members of
Congress on the request of any Member or to Congress,
through the proper official channels, requests for
legislation or appropriations which they deem necessary for
the efficient conduct of the public business.
Whoever, being an officer or employee of the United
States or of any department or agency thereof, violates or
attempts to violate this section, shall be fined under this
title or imprisoned not more than one year, or both; and
after notice and hearing by the superior officer vested with
the power of removing him, shall be removed from office or
employment. (June 25, 1948, ch. 645, 62 Stat. 792; Sept. 13,
1994, Pub. L. 103-322, Title XXXIII, Sec. 330016(1)(G), 108
Stat. 2147.)
464.1 Sec. 1918. Disloyalty and asserting the right to strike
against the Government.
Whoever violates the provision of section 7311 of title
5 that an individual may not accept or hold a position in
the Government of the United States or the government of the
District of Columbia if he--
(1) advocates the overthrow of our
constitutional form of government;
(2) is a member of an organization that he
knows advocates the overthrow of our
constitutional form of government;
(3) participates in a strike, or asserts the
right to strike, against the Government of the
United States or the government of the District
of Columbia; or
(4) is a member of an organization of
employees of the Government of the United States
or of individuals employed by the government of
the District of Columbia that he knows asserts
the right to strike against the Government of
the United States or the government of the
District of Columbia;
shall be fined under this title or imprisoned not more than
one year and a day, or both. (Added Pub. L. 89-554,
Sec. 3(d), Sept. 6, 1966, 80 Stat. 609, and amended Pub. L.
104-294, Title VI, Sec. 601(a)(8), Oct. 11, 1996, 110 Stat.
3498.)
Part V.--IMMUNITY OF WITNESSES
465.1 Sec. 6001. Definitions.
As used in this chapter--
(1) ``agency of the United States'' means
any executive department as defined in section
101 of title 5, United States Code, a military
department as defined in section 102 of title 5,
United States Code, the Nuclear Regulatory
Commission, the Board of Governors of the
Federal Reserve System, the China Trade Act
registrar appointed under 53 Stat. 1432 (15
U.S.C. sec. 143), the Commodity Futures Trading
Commission, the Federal Communications
Commission, the Federal Deposit Insurance
Corporation, the Federal Maritime Commission,
the Federal Power Commission, the Federal Trade
Commission, the Surface Transportation Board,
the National Labor Relations Board, the National
Transportation Safety Board, the Railroad
Retirement Board, an arbitration board
established under 48 Stat. 1193 (45 U.S.C. sec.
157), the Securities and Exchange Commission, or
a board established under 49 Stat. 31 (15 U.S.C.
sec. 715d);
(2) ``other information'' includes any book,
paper, document, record, recording, or other
material;
(3) ``proceeding before an agency of the
United States'' means any proceeding before such
an agency with respect to which it is authorized
to issue subpoenas and to take testimony or
receive other information from witnesses under
oath; and
(4) ``court of the United States'' means any
of the following courts; the Supreme Court of
the United States, a United States court of
appeals, a United States district court
established under chapter 5, title 28, United
States Code, a United States bankruptcy court
established under chapter 6, title 28, United
States Code, the District of Columbia Court of
Appeals, the Superior Court of the District of
Columbia, the District Court of Guam, the
District Court of the Virgin Islands, the United
States Court of Federal Claims, the Tax Court of
the United States, the Court of International
Trade, and the Court of Appeals for the Armed
Forces. (Added Pub. L. 91-452, Title II,
Sec. 201(a), Oct. 15, 1970, 84 Stat. 926, and
amended Pub. L. 95-405, Sec. 25, Sept. 30, 1978,
92 Stat. 877; Pub. L. 95-598, Title III,
Sec. 314(l), Nov. 6, 1978, 92 Stat. 2678; Pub.
L. 96-417, Title VI, Sec. 601(l), Oct. 10, 1980,
94 Stat. 1744; Pub. L. 97-164, Title I,
Sec. 164(l), Apr. 2, 1982, 96 Stat. 50; Pub. L.
102-550, Title XV, Sec. 1543, Oct. 28, 1992, 106
Stat. 4069; Pub. L. 103-272, Sec. 4(d), July 5,
1994, 108 Stat. 1361; Pub. L. 103-322, Title
XXXIII, Sec. 330013(2), (3), Sept. 13, 1994, 108
Stat. 2146; Pub. L. 103-337, Div. A, Title IX,
Sec. 924(d)(1)(B), Oct. 5, 1994, 108 Stat. 2832;
Pub. L. 104-88, Title III, Sec. 303(2), Dec. 29,
1995, 109 Stat. 943.)
465.2 Sec. 6002. Immunity generally.
Whenever a witness refuses, on the basis of his
privilege against self-incrimination, to testify or provide
other information in a proceeding before or ancillary to--
(1) a court or grand jury of the United
States,
(2) an agency of the United States, or
(3) either House of Congress, a joint
committee of the two Houses, or a committee or a
subcommittee of either House,
and the person presiding over the proceeding communicates to
the witness an order issued under this title, the witness
may not refuse to comply with the order on the basis of his
privilege against self-incrimination; but no testimony or
other information compelled under the order (or any
information directly or indirectly derived from such
testimony or other information) may be used against the
witness in any criminal case, except a prosecution for
perjury, giving a false statement, or otherwise failing to
comply with the order. (Added Pub. L. 91-452, Title II,
Sec. 201(a), Oct. 15, 1970, 84 Stat. 927, and amended Pub.
L. 103-322, Title XXXIII, Sec. 330013(4), Sept. 13, 1994,
108 Stat. 2146.)
465.3 Sec. 6005. Congressional proceedings.
(a) In the case of any individual who has been or may be
called to testify or provide other information at any
proceeding before or ancillary to either House of Congress,
or any committee, or any subcommittee of either House, or
any joint committee of the two Houses, a United States
district court shall issue, in accordance with subsection
(b) of this section, upon the request of a duly authorized
representative of the House of Congress or the committee
concerned, an order requiring such individual to give
testimony or provide other information which he refuses to
give or provide on the basis of his privilege against self-
incrimination, such order to become effective as provided in
section 6002 of this title.
(b) Before issuing an order under subsection (a) of this
section, a United States district court shall find that--
(1) in the case of a proceeding before or
ancillary to either Houses of Congress, the
request for such an order has been approved by
an affirmative vote of a majority of the Members
present of that House;
(2) in the case of a proceeding before or
ancillary to a committee or a subcommittee of
either House of Congress or a joint committee of
both Houses, the request for such an order has
been approved by an affirmative vote of two-
thirds of the members of the full committee; and
(3) ten days or more prior to the day on
which the request for such an order was made,
the Attorney General was served with notice of
an intention to request the order.
(c) Upon application of the Attorney General, the United
States district court shall defer the issuance of any order
under subsection (a) of this section for such period, not
longer than twenty days from the date of the request for
such order, as the Attorney General may specify.
(Added Pub. L. 91-452, Title II, Sec. 201(a), Oct. 15, 1970,
84 Stat. 928, and amended Pub. L. 103-322, Title XXXIII,
Sec. 330013(4), Sept. 13, 1994, 108 Stat. 2146; Pub. L. 104-
292, Sec. 5, Oct. 11, 1996, 110 Stat. 3460; Pub. L. 104-294,
Title VI, Sec. 605(o), Oct. 11, 1996, 110 Stat. 3510.)
19 u.s.c.--customs duties
general and permanent laws relating to the senate
TITLE 19.--CUSTOMS DUTIES
* * * * * * *
Chapter 12.--TRADE ACT OF 1974
* * * * * * *
Subchapter I.--Negotiating and Other Authority
* * * * * * *
Part 5.--CONGRESSIONAL PROCEDURES WITH RESPECT TO
PRESIDENTIAL ACTIONS
465.4 Sec. 2191. Bills implementing trade agreements on nontariff
barriers and resolutions approving commercial agreements
with Communist countries.
(a) Rules of House of Representatives and Senate.
This section and sections 2192 and 2193 of this title
are enacted by the Congress--
(1) as an exercise of the rulemaking power
of the House of Representatives and the Senate,
respectively, and as such they are deemed a part
of the rules of each House, respectively, but
applicable only with respect to the procedure to
be followed in that House in the case of
implementing bills described in subsection
(b)(1) of this section, implementing revenue
bills described in subsection (b)(2) of this
section, approval resolutions described in
subsection (b)(3) of this section, and
resolutions described in sections 2192(a) and
2193(a) of this title; and they supersede other
rules only to the extent that they are
inconsistent therewith; and
(2) with full recognition of the
constitutional right of either House to change
the rules (so far as relating to the procedure
of that House) at any time, in the same manner
and to the same extent as in the case of any
other rule of that House.
(b) Definitions.
For purposes of this section--
(1) The term ``implementing bill'' means
only a bill of either House of Congress which is
introduced as provided in subsection (c) of this
section with respect to one or more trade
agreements, or with respect to an extension
described in section 3572(c)(3) of this title,
submitted to the House of Representatives and
the Senate under section 2112, section
2903(a)(1) of this title, or section 3572 of
this title and which contains--
(A) a provision approving such trade
agreement or agreements or such extension,
(B) a provision approving the statement
of administrative action (if any) proposed
to implement such trade agreement or
agreements, and
(C) if changes in existing laws or new
statutory authority is required to implement
such trade agreement or agreements or such
extension, provisions, necessary or
appropriate to implement such trade
agreement or agreements or such extension,
either repealing or amending existing laws
or providing new statutory authority.
(2) The term ``implementing revenue bill or
resolution'' means an implementing bill, or
approval resolution, which contains one or more
revenue measures by reason of which it must
originate in the House of Representatives.
(3) The term ``approval resolution'' means
only a joint resolution of the two Houses of the
Congress, the matter after the resolving clause
of which is as follows: ``That the Congress
approves the extension of nondiscriminatory
treatment with respect to the products of ------
---- transmitted by the President to the
Congress on ------.'', the first blank space
being filled with the name of the country
involved and the second blank space being filled
with the appropriate date.
(c) Introduction and referral.
(1) On the day on which a trade agreement is submitted
to the House of Representatives and the Senate under section
2112, or section 3572 of this title, the implementing bill
submitted by the President with respect to such trade
agreement or extension shall be introduced (by request) in
the House by the majority leader of the House, for himself
and the minority leader of the House, or by Members of the
House designated by the majority leader and minority leader
of the House; and shall be introduced (by request) in the
Senate by the majority leader of the Senate, for himself and
the minority leader of the Senate, or by Members of the
Senate designated by the majority leader and minority leader
of the Senate. If either House is not in session on the day
on which such a trade agreement or extension is submitted,
the implementing bill shall be introduced in that House, as
provided in the preceding sentence, on the first day
thereafter on which that House is in session. Such bills
shall be referred by the Presiding Officers of the
respective Houses to the appropriate committee, or, in the
case of a bill containing provisions within the jurisdiction
of two or more committees, jointly to such committees for
consideration of those provisions within their respective
jurisdictions.
(2) On the day on which a bilateral commercial
agreement, entered into under subchapter IV of this chapter
after January 3, 1975, is transmitted to the House of
Representatives and the Senate, an approval resolution with
respect to such agreement shall be introduced (by request)
in the House by the majority leader of the House, for
himself and the minority leader of the House, or by Members
of the House designated by the majority leader and minority
leader of the House; and shall be introduced (by request) in
the Senate by the majority leader of the Senate, for himself
and the minority leader of the Senate, or by Members of the
Senate designated by the majority leader and minority leader
of the Senate. If either House is not in session on the day
on which such an agreement is transmitted, the approval
resolution with respect to such agreement shall be
introduced in that House, as provided in the preceding
sentence, on the first day thereafter on which that House is
in session. The approval resolution introduced in the House
shall be referred to the Committee on Ways and Means and the
approval resolution introduced in the Senate shall be
referred to the Committee on Finance.
(d) Amendments prohibited.
No amendment to an implementing bill or approval
resolution shall be in order in either the House of
Representatives or the Senate; and no motion to suspend the
application of this subsection shall be in order in either
House, nor shall it be in order in either House for the
Presiding Officer to entertain a request to suspend the
application of this subsection by unanimous consent.
(e) Period for committee and floor consideration.
(1) Except as provided in paragraph (2), if the
committee or committees of either House to which an
implementing bill or approval resolution has been referred
have not reported it at the close of the 45th day after its
introduction, such committee or committees shall be
automatically discharged from further consideration of the
bill or resolution and it shall be placed on the appropriate
calendar. A vote on final passage of the bill or resolution
shall be taken in each House on or before the close of the
15th day after the bill or resolution is reported by the
committee or committees of that House to which it was
referred, or after such committee or committees have been
discharged from further consideration of the bill or
resolution. If prior to the passage by one House of an
implementing bill or approval resolution of that House, that
House receives the same implementing bill or approval
resolution from the other House, then--
(A) the procedure in that House shall be the
same as if no implementing bill or approval
resolution had been received from the other
House; but
(B) the vote on final passage shall be on
the implementing bill or approval resolution of
the other House.
(2) The provisions of paragraph (1) shall not apply in
the Senate to an implementing revenue bill or resolution. An
implementing revenue bill or resolution received from the
House shall be referred to the appropriate committee or
committees of the Senate. If such committee or committees
have not reported such bill at the close of the 15th day
after its receipt by the Senate (or, if later, before the
close of the 45th day after the corresponding implementing
revenue bill or resolution was introduced in the Senate),
such committee or committees shall be automatically
discharged from further consideration of such bill or
resolution and it shall be placed on the calendar. A vote on
final passage of such bill or resolution shall be taken in
the Senate on or before the close of the 15th day after such
bill or resolution is reported by the committee or
committees of the Senate to which it was referred, or after
such committee or committees have been discharged from
further consideration of such bill or resolution.
(3) For purposes of paragraphs (1) and (2), in computing
a number of days in either House, there shall be excluded
any day on which that House is not in session.
(f) Floor consideration in the House.
(1) A motion in the House of Representatives to proceed
to the consideration of an implementing bill or approval
resolution 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 in the House of Representatives on an
implementing bill or approval resolution shall be limited to
not more than 20 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. It shall not be in order to move to recommit an
implementing bill or approval resolution or to move to
reconsider the vote by which an implementing bill or
approval resolution is agreed to or disagreed to.
(3) Motions to postpone, made in the House of
Representatives with respect to the consideration of an
implementing bill or approval 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 an implementing
bill or approval resolution shall be decided without debate.
(5) Except to the extent specifically provided in the
preceding provisions of this subsection, consideration of an
implementing bill or approval resolution shall be governed
by the Rules of the House of Representatives applicable to
other bills and resolutions in similar circumstances.
(g) Floor consideration in the Senate.
(1) A motion in the Senate to proceed to the
consideration of an implementing bill or approval resolution
shall be 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 in the Senate on an implementing bill or
approval resolution, and all debatable motions and appeals
in connection therewith, shall be limited to not more than
20 hours. The time shall be equally divided between, and
controlled by, the majority leader and the minority leader
or their designees.
(3) Debate in the Senate on any debatable motion or
appeal in connection with an implementing bill or approval
resolution shall be limited to not more than 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 motion or appeal, the time in opposition thereto,
shall be controlled by the minority leader or his designee.
Such leaders, or either of them, may, from time under their
control on the passage of an implementing bill or approval
resolution, allot additional time to any Senator during the
consideration of any debatable motion or appeal.
(4) A motion in the Senate to further limit debate is
not debatable. A motion to recommit an implementing bill or
approval resolution is not in order. (Jan. 3, 1975, Pub. L.
93-618, Sec. 151, 88 Stat. 2001; Aug. 23, 1988, Pub. L.
100-418, Sec. 1007(b)(1), 102 Stat. 1135; Aug. 20, 1990,
Pub. L. 101-382, Sec. 132(b)(2), 104 Stat. 645; Dec. 8,
1994, Pub. L. 103-465, Title II, Sec. 282(c)(4), 108 Stat.
4929.)
465.5 Sec. 2192. Resolutions disapproving certain actions.
(a) Contents of resolutions.
(1) For purposes of this section, the term
``resolution'' means only--
(A) a joint resolution of the two Houses of
the Congress, the matter after the resolving
clause of which is as follows: ``That the
Congress does not approve the action taken by,
or the determination of, the President under
section 203 of the Trade Act of 1974 [19 U.S.C.
2253] transmitted to the Congress on ----------
'', the blank space being filled with the
appropriate date; and
(B) a joint resolution of the two Houses of
Congress, the matter after the resolving clause
of which is as follows: ``That the Congress does
not approve ---------- transmitted to the
Congress on ----------'', with the first blank
space being filled in accordance with paragraph
(2), and the second blank space being filled
with the appropriate date.
(2) The first blank space referred to in paragraph
(1)(B) shall be filled, in the case of a resolution referred
to in section 2437(c)(2) of this title, with the phrase
``the report of the President submitted under section ------
of the Trade Act of 1974 with respect to ----------'' (with
the first blank space being filled with ``402(b)'' or
``409(b)'' [19 U.S.C. 2432(b) or 2439(b)] as appropriate,
and the second blank space being filled with the name of the
country involved).
(b) Reference to committees.
All resolutions introduced in the House of
Representatives shall be referred to the Committee on Ways
and Means and all resolutions introduced in the Senate shall
be referred to the Committee on Finance.
(c) Discharge of committees.
(1) If the committee of either House to which a
resolution has been referred has not reported it at the end
of 30 days after its introduction, not counting any day
which is excluded under section 2194(b) of this title, it is
in order to move either to discharge the committee from
further consideration of the resolution or to discharge the
committee from further consideration of any other resolution
introduced with respect to the same matter, except that a
motion to discharge--
(A) may only be made on the second
legislative day after the calendar day on which
the Member making the motion announces to the
House his intention to do so; and
(B) is not in order after the Committee has
reported a resolution with respect to the same
matter.
(2) A motion to discharge under paragraph (1) may be
made only by an individual favoring the resolution, and is
highly privileged in the House and privileged in the Senate;
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 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.
(d) Floor consideration in the House.
(1) A motion in the House of Representatives to proceed
to the consideration of a resolution 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 in the House of Representatives on a
resolution shall be limited to not more than 20 hours, which
shall be divided equally between those favoring and those
opposing the resolution. A motion further to limit debate
shall not be debatable. 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
resolution is agreed to or disagreed to.
(3) Motions to postpone, made in the House of
Representatives with respect to the consideration of a
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 a resolution
shall be decided without debate.
(5) Except to the extent specifically provided in the
preceding provisions of this subsection, consideration of a
resolution in the House of Representatives shall be governed
by the Rules of the House of Representatives applicable to
other resolutions in similar circumstances.
(e) Floor consideration in the Senate.
(1) A motion in the Senate to proceed to the
consideration of a resolution shall be privileged. 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 in the Senate on a resolution, and all
debatable motions and appeals in connection therewith, shall
be limited to not more than 20 hours, to be equally divided
between, and controlled by, the majority leader and the
minority leader or their designees.
(3) Debate in the Senate on any debatable motion or
appeal in connection with a resolution shall be limited to
not more than 1 hour, to be equally divided, between, and
controlled by, the mover and the manager of the resolution,
except that it the event the manager of the resolution is in
favor of any such motion or appeal, the time in opposition
thereto, shall be controlled by the minority leader or his
designee. Such leaders, or either of them, may, from time
under their control on the passage of a resolution, allot
additional time to any Senator during the consideration of
any debatable motion or appeal.
(4) A motion in the Senate to further limit debate on a
resolution, debatable motion, or appeal is not debatable. No
amendment to, or motion to recommit, a resolution is in
order in the Senate.
(f) Procedures in the Senate.
(1) Except as otherwise provided in the section, the
following procedures shall apply in the Senate to a
resolution to which this section applies:
(A)(i) Except as provided in clause (ii), a
resolution that has passed the House of
Representatives shall, when received in the
Senate, be referred to the Committee on Finance
for consideration in accordance with this
section.
(ii) If a resolution to which this section
applies was introduced in the Senate before
receipt of a resolution that has passed the
House of Representatives, the resolution from
the House of Representatives shall, when
received in the Senate be placed on the
calendar. If this clause applies, the procedures
in the Senate with respect to a resolution
introduced in the Senate that contains the
identical matter as the resolution that passed
the House of Representatives shall be the same
as if no resolution had been received from the
House of Representatives, except that the vote
on passage in the Senate shall be on the
resolution that passed the House of
Representatives.
(B) If the Senate passes a resolution before
receiving from the House of Representatives a
joint resolution that contains the identical
matter, the joint resolution shall be held at
the desk pending receipt of the joint resolution
from the House of Representatives. Upon receipt
of the joint resolution from the House of
Representatives, such joint resolution shall be
deemed to be read twice, considered, read the
third time, and passed.
(2) If the texts of joint resolutions described in
section 2192 or 2193(a) of this title, whichever is
applicable, concerning any matter are not identical--
(A) the Senate shall vote passage on the
resolution introduced in the Senate, and
(B) the text of the joint resolution passed
by the Senate shall, immediately upon its
passage (or, if later, upon receipt of the joint
resolution passed by the House), be substituted
for the text of the joint resolution passed by
the House of Representatives, and such
resolution, as amended, shall be returned with a
request for a conference between the two Houses.
(3) Consideration in the Senate of any veto message with
respect to a joint resolution described in subsection
(a)(2)(B) of this section or section 2193(a) of this title,
including consideration of all debatable motions and appeals
in connection therewith, shall be limited to 10 hours, to be
equally divided between, and controlled by, the majority
leader and the minority leader or their designees. (Jan. 3,
1975, Pub. L. 93-618, Sec. 152, 88 Stat. 2004; July 26,
1979, Pub. L. 96-39, Sec. 902(a)(1), 1106(c)(5), 93 Stat
299, 312; Oct. 30, 1984, Pub. L. 98-573, Sec. 248(b), 98
Stat. 2998; Aug. 20, 1990, Pub. L. 101-382, Sec. 132(c)(2)-
(5), 104 Stat. 646, 647; Dec. 8, 1994, Pub. L. 103-465,
Sec. 261(d)(1)(A)(ii), 108 Stat. 4909; Pub. L. 104-295,
Sec. 20(b)(10), Oct. 11, 1996, 110 Stat. 3527.)
465.6 Sec. 2193. Resolutions relating to extension of waiver
authority under section 402 of the Trade Act of 1974.
(a) Contents of resolutions.
For purposes of this section the term ``resolution''
means only a joint resolution of the two Houses of Congress,
the matter after the resolving clause of which is as
follows: ``That the Congress does not approve the extension
of the authority contained in section 402(c) of the Trade
Act of 1974 [19 U.S.C. 2432(c)] recommended by the President
to the Congress on ---------- with respect to ----------,''
with the first blank space being filled with the appropriate
date, and the second blank space being filled with the names
of those countries, if any, with respect to which such
extension of authority is not approved and with the clause
beginning with ``with respect to'' being omitted if the
extension of the authority is not approved with respect to
any country.
(b) Application of rules of section 2192 of this title;
exceptions.
(1) Except as provided in this section, the provisions
of section 2192 of this title shall apply to resolutions
described in subsection (a) of this section.
(2) In applying section 2192(c)(1) of this title, all
calendar days shall be counted.
(3) That part of section 2192(d)(2) of this title which
provides that no amendment is in order shall not apply to
any amendment to a resolution which is limited to striking
out or inserting the names of one or more countries or to
striking out or inserting a with-respect-to clause. Debate
in the House of Representatives on any amendment to a
resolution shall be limited to not more than 1 hour which
shall be equally divided between those favoring and those
opposing the amendment. A motion in the House to further
limit debate on an amendment to a resolution is not
debatable.
(4) That part of section 2192(e)(4) of this title which
provides that no amendment is in order shall not apply to
any amendment to a resolution which is limited to striking
out or inserting the names of one or more countries or to
striking out or inserting a with-respect-to clause. The time
limit on a debate on a resolution in the Senate under
section 2192(e)(2) of this title shall include all
amendments to a resolution. Debate in the Senate on any
amendment to a resolution shall be limited to not more than
1 hour, to be equally divided between, and controlled by,
the mover and the manager of the resolution, except that in
the event the manager of the resolution is in favor of any
such amendment, the time in opposition thereto shall be
controlled by the minority leader or his designee. The
majority leader and minority leader may, from time under
their control on the passage of a resolution, allot
additional time to any Senator during the consideration of
any amendment. A motion in the Senate to further limit
debate on an amendment to a resolution is not debatable.
(c) Consideration of second resolution not in order.
It shall not be in order in either the House of
Representatives or the Senate to consider a resolution with
respect to a recommendation of the President under section
2432(d) of this title (other than a resolution described in
subsection (a) of this section received from the other
House), if that House has adopted a resolution with respect
to the same recommendation.
(d) Procedures relating to conference reports in the Senate.
(1) Consideration in the Senate of the conference report
on any joint resolution described in subsection (a) of this
section, including consideration of all amendments in
disagreement (and all amendments thereto), and consideration
of all debatable motions and appeals in connection
therewith, shall be limited to 10 hours, to be equally
divided between, and controlled by, the majority leader and
the minority leader or their designees. Debate on any
debatable motion or appeal related to the conference report
shall be limited to 1 hour, to be equally divided between,
and controlled by, the mover and the manager of the
conference report.
(2) 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 to any amendment in
disagreement shall be received unless it is a germane
amendment. (Pub. L. 93-618, Title I, Sec. 153, Jan. 3, 1975,
88 Stat. 2006; Aug. 20, 1990, Pub. L. 101-382,
Sec. 132(a)(3)-(6), 104 Stat. 644, 645.)
465.7 Sec. 2194. Special rules relating to Congressional
procedures.
(a) Whenever, pursuant to section 2112(c), 2253(b),
2432(d), or 2437 (a) or (b), a document is required to be
transmitted to the Congress, copies of such document shall
be delivered to both Houses of Congress on the same day and
shall be delivered to the Clerk of the House of
Representatives if the House is not in session and to the
Secretary of the Senate if the Senate is not in session.
(b) For purposes of sections 2253(c) and 2437(c)(2) of
this title, the 90-day period referred to in such sections
shall be computed by excluding--
(1) the days on which either House is not in
session because of an adjournment of more than 3
days to a day certain or an adjournment of the
Congress sine die, and
(2) any Saturday and Sunday, not excluded
under paragraph (1), when either House is not in
session. (Jan. 3, 1975, Pub. L. 93-618,
Sec. 154, 88 Stat. 2008; July 26, 1979, Pub. L.
96-39, Sec. 902(a)(2), 93 Stat. 300; Aug. 20,
1990, Pub. L. 101-382, Sec. 132(c)(6), 104 Stat.
647; Pub. L. 103-465, Title II,
Sec. 261(d)(1)(A)(iii), Dec. 8, 1994, 108 Stat.
4909; June 25, 1999, Pub. L. 106-36,
Sec. 1001(a)(5), 113 Stat. 130.)
Part 6.--CONGRESSIONAL LIAISON AND REPORTS
465.8 Sec. 2211. Congressional advisers for trade policy and
negotiations.
(a) Selection.
(1) At the beginning of each regular session
of Congress, the Speaker of the House of
Representatives, upon the recommendation of the
chairman of the Committee on Ways and Means,
shall select 5 members (not more than 3 of whom
are members of the same political party) of such
committee, and the President pro tempore of the
Senate, upon the recommendation of the chairman
of the Committee on Finance, shall select 5
members (not more than 3 of whom are members of
the same political party) of such committee, who
shall be designated congressional advisers on
trade policy and negotiations. They shall
provide advice on the development of trade
policy and priorities for the implementation
thereof. They shall also be accredited by the
United States Trade Representative on behalf of
the President as official advisers to the United
States delegations to international conferences,
meetings, and negotiating sessions relating to
trade agreements.
(2)(A) In addition to the advisers
designated under paragraph (1) from the
Committee on Ways and Means and the Committee on
Finance--
(i) the Speaker of the House may select
additional members of the House, for
designation as congressional advisers
regarding specific trade policy matters or
negotiations, from any other committee of
the House or joint committee of Congress
that has jurisdiction over legislation
likely to be affected by such matters or
negotiations; and
(ii) the President pro tempore of the
Senate may select additional members of the
Senate, for designation as congressional
advisers regarding specific trade policy
matters or negotiations, from any other
committee of the Senate or joint committee
of Congress that has jurisdiction over
legislation likely to be affected by such
matters or negotiations.
Members of the House and Senate selected as
congressional advisers under this subparagraph shall
be accredited by the United States Trade
Representative.
(B) Before designating any member under
subparagraph (A), the Speaker or the President
pro tempore shall consult with--
(i) the chairman and ranking member of
the Committee on Ways and Means or the
Committee on Finance, as appropriate; and
(ii) the chairman and ranking minority
member of the committee from which the
member will be selected.
(C) Not more than 3 members (not more than 2
of whom are members of the same political party)
may be selected under this paragraph as advisers
from any committee of Congress.
(b) Briefing.
(1) The United States Trade Representative
shall keep each official adviser designated
under subsection (a)(1) currently informed on
matters affecting the trade policy of the United
States and, with respect to possible agreements,
negotiating objectives, the status of
negotiations in progress, and the nature of any
changes in domestic law or the administration
thereof which may be recommended to Congress to
carry out any trade agreement or any requirement
of, amendment to, or recommendation under, such
agreement.
(2) The United States Trade Representative
shall keep each official adviser designated
under subsection (a)(2) of this section
currently informed regarding the trade policy
matters and negotiations with respect to which
the adviser is designated.
(3)(A) The chairmen of the Committee on Ways
and Means and the Committee on Finance may
designate members (in addition to the official
advisers under subsection (a)(1) of this
section) and staff members of their respective
committees who shall have access to the
information provided to official advisers under
paragraph (1).
(B) The chairman of any committee of the
House or Senate or any joint committee of
Congress from which official advisers are
selected under subsection (a)(2) may designate
other members of such committee, and staff
members of such committee, who shall have access
to the information provided to official advisers
under paragraph (2).
(c) Committee consultation.
The United States Trade Representative shall
consult on a continuing basis with the Committee
on Ways and Means of the House of
Representatives, the Committee on Finance of the
Senate, and the other appropriate committees of
the House and Senate on the development,
implementation, and administration of overall
trade policy of the United States. Such
consultations shall include, but are not limited
to, the following elements of such policy:
(1) The principal multilateral and bilateral
negotiating objectives and the progress being
made toward their achievement.
(2) The implementation, administration, and
effectiveness of recently concluded multilateral
and bilateral trade agreements and resolution of
trade disputes.
(3) The actions taken, and proposed to be
taken, under the trade laws of the United States
and the effectiveness, or anticipated
effectiveness, of such actions in achieving
trade policy objectives.
(4) The important developments and issues in
other areas of trade for which there must be
developed proper policy response.
When necessary, meetings shall be held with each Committee
in executive session to review matters under negotiation.
(Jan. 3, 1975, Pub. L. 93-618, Sec. 161, 88 Stat. 2008; July
26, 1979, Pub. L. 96-39, Sec. 3(e), 93 Stat. 150; Jan. 2,
1980, 1979 Reorg. Plan No. 3, Sec. (b)(1), 93 Stat. 1381;
Aug. 23, 1988, Pub. L. 100-418, Sec. 1632, 102 Stat. 1269.)
465.9 Sec. 2212. Transmission of agreements to Congress.
(a) As soon as practicable after a trade agreement
entered into under section 2133 or 2134 of this title or
under section 1102 of the Omnibus Trade and Competitiveness
Act of 1988 (19 U.S.C. 2902) has entered into force with
respect to the United States, the President shall, if he has
not previously done so, transmit a copy of such trade
agreement to each House of the Congress together with a
statement, in the light of the advice of the International
Trade Commission under section 2151(b) of this title, if
any, and of other relevant considerations, of his reasons
for entering into the agreement.
(b) The President shall transmit to each Member of the
Congress a summary of the information required to be
transmitted to each House under subsection (a) of this
section. For purposes of this subsection, the term
``Member'' includes any Delegate or Resident Commissioner.
(Jan. 3, 1975, Pub. L. 93-618, Sec. 162, 88 Stat. 2008; Nov.
10, 1988, Pub. L. 100-647, Sec. 9001(a)(10), 102 Stat.
3807.)
465.10 Sec. 2213. Reports.
(a) Annual report on trade agreements program and
national trade policy agenda.
(1) The President shall submit to the
Congress during each calendar year (but not
later than March 1 of that year) a report on--
(A) the operation of the trade
agreements program, and the provision of
import relief and adjustment assistance to
workers and firms, under this Act during the
preceding calendar year; and
(B) the national trade policy agenda for
the year in which the report is submitted.
(2) The report shall include, with respect
to the matters referred to in paragraph (1)(A),
information regarding--
(A) new trade negotiations;
(B) changes made in duties and nontariff
barriers and other distortions of trade of
the United States;
(C) reciprocal concessions obtained;
(D) changes in trade agreements
(including the incorporation therein of
actions taken for import relief and
compensation provided therefor);
(E) the extension or withdrawal of
nondiscriminatory treatment by the United
States with respect to the products of
foreign countries;
(F) the extension, modification,
withdrawal, suspension, or limitation of
preferential treatment to exports of
developing countries;
(G) the results of actions to obtain the
removal of foreign trade restrictions
(including discriminatory restrictions)
against United States exports and the
removal of foreign practices which
discriminate against United States service
industries (including transportation and
tourism) and investment;
(H) the measures being taken to seek the
removal of other significant foreign import
restrictions;
(I) each of the referrals made under
section 2171(d)(1)(B) of this title and any
action taken with respect to such referral;
(J) other information relating to the
trade agreements program and to the
agreements entered into thereunder; and
(K) the number of applications filed for
adjustment assistance for workers and firms,
the number of such applications which were
approved, and the extent to which adjustment
assistance has been provided under such
approved applications.
(3)(A) The national trade policy agenda
required under paragraph (1)(B) for the year in
which a report is submitted shall be in the form
of a statement of--
(i) the trade policy objectives and
priorities of the United States for the
year, and the reasons therefor;
(ii) the actions proposed, or
anticipated, to be undertaken during the
year to achieve such objectives and
priorities, including, but not limited to,
actions authorized under the trade laws and
negotiations with foreign countries;
(iii) any proposed legislation necessary
or appropriate to achieve any of such
objectives or priorities; and
(iv) the progress that was made during
the preceding year in achieving the trade
policy objectives and priorities included in
the statement provided for that year under
this paragraph.
(B) The President may separately submit any
information referred to in subparagraph (A) to
the Congress in confidence if the President
considers confidentiality appropriate.
(C) Before submitting the national trade
policy agenda for any year, the President shall
seek advice from the appropriate advisory
committees established under section 2155 of
this title and shall consult with the
appropriate committees of the Congress.
(D) The United States Trade Representative
(hereafter referred to in this section as the
``Trade Representative'') and other appropriate
officials of the United States Government shall
consult periodically with the appropriate
committees of the Congress regarding the annual
objectives and priorities set forth in each
national trade policy agenda with respect to--
(i) the status and results of the
actions that have been undertaken to achieve
the objectives and priorities; and
(ii) any development which may require,
or result in, changes to any of such
objectives or priorities.
(b) Annual trade projection report.
(1) In order for the Congress to be informed
of the impact of foreign trade barriers and
macroeconomic factors on the balance of trade of
the United States, the Trade Representative and
the Secretary of the Treasury shall jointly
prepare and submit to the Committee on Finance
of the Senate and the Committee on Ways and
Means of the House of Representatives (hereafter
referred to in this subsection as the
``Committees'') on or before March 1 of each
year a report which consists of--
(A) a review and analysis of--
(i) the merchandise balance of
trade,
(ii) the goods and services
balance of trade,
(iii) the balance on the current
account,
(iv) the external debt position,
(v) the exchange rates,
(vi) the economic growth rates,
(vii) the deficit or surplus in
the fiscal budget, and
(viii) the impact on United
States trade of market barriers and
other unfair practices,
of countries that are major trading partners
of the United States, including, as
appropriate, groupings of such countries;
(B) projections for each of the economic
factors described in subparagraph (A)
(except those described in clauses (v) and
(viii)) for each of the countries and groups
of countries referred to in subparagraph (A)
for the year in which the report is
submitted and for the succeeding year; and
(C) conclusions and recommendations,
based upon the projections referred to in
subparagraph (B), for policy changes,
including trade policy, exchange rate
policy, fiscal policy, and other policies
that should be implemented to improve the
outlook.
(2) To the extent that subjects referred to
in paragraph (1) (A), (B), or (C) are covered in
the national trade policy agenda required under
subsection (a)(1)(B) or in other reports
required by this Act or other law, the Trade
Representative and the Secretary of the Treasury
may, as appropriate, draw on the information,
analysis, and conclusions, if any, in those
reports for the purposes of preparing the report
required by this subsection.
(3) The Trade Representative and the
Secretary of the Treasury shall consult with the
Chairman of the Board of Governors of the
Federal Reserve System in the preparation of
each report required under this subsection.
(4) The Trade Representative and the
Secretary of the Treasury may separately submit
any information, analysis, or conclusion
referred to in paragraph (1) to the Committees
in confidence if the Trade Representative and
the Secretary consider confidentiality
appropriate.
(5) After submission of each report required
under paragraph (1), the Trade Representative
and the Secretary of the Treasury shall consult
with each of the Committees with respect to the
report.
(c) ITC reports.
The United States International Trade
Commission shall submit to the Congress, at
least once a year, a factual report on the
operation of the trade agreements program. (Jan.
3, 1975, Pub. L. 93-618, Sec. 163, 88 Stat.
2009; Aug. 23, 1988, Pub. L. 100-418, Sec. 1641,
102 Stat. 1271.)
* * * * * * *
Part 8.--IDENTIFICATION OF MARKET BARRIERS AND CERTAIN
UNFAIR TRADE ACTIONS
465.11 Sec. 2241. Estimates of barriers to market access.
(a) National trade estimates.
(1) In general.
For calendar year 1988, and for each
succeeding calendar year, the United States
Trade Representative, through the interagency
trade organization established pursuant to
section 1872(a) of this title and with the
assistance of the interagency advisory committee
established under section 2171(d)(2) of this
title, shall--
(A) identify and analyze acts, policies,
or practices of each foreign country which
constitute significant barriers to, or
distortions of--
(i) United States exports of
goods or services (including
agricultural commodities; and
property protected by trademarks,
patents, and copyrights exported or
licensed by United States persons),
(ii) foreign direct investment
by United States persons, especially
if such investment has implications
for trade in goods or services; and
(iii) United States electronic
commerce,
(B) make an estimate of the trade-
distorting impact on United States commerce
of any act, policy, or practice identified
under subparagraph (A); and
(C) make an estimate, if feasible, of--
(i) the value of additional
goods and services of the United
States,
(ii) the value of additional
foreign direct investment by United
States persons, and
(iii) the value of additional
United States electronic commerce,
that would have been exported to, or
invested in, or transacted with, each
foreign country during such calendar year if
each of such acts, policies, and practices
of such country did not exist.
(2) Certain factors taken into account in making
analysis and estimate.
In making any analysis or estimate under
paragraph (1), the Trade Representative shall
take into account--
(A) the relative impact of the act,
policy, or practice on United States
commerce;
(B) the availability of information to
document prices, market shares, and other
matters necessary to demonstrate the effects
of the act, policy, or practice;
(C) the extent to which such act,
policy, or practice is subject to
international agreements to which the United
States is a party;
(D) any advice given through appropriate
committees established pursuant to section
2155 of this title; and
(E) the actual increase in--
(i) the value of goods and
services of the United States
exported to,
(ii) the value of foreign direct
investment made in, and
(iii) the value of electronic
commerce transacted with,
the foreign country during the calendar year
for which the estimate under paragraph
(1)(C) is made.
(3) Annual revisions and updates.
The Trade Representative shall annually
revise and update the analysis and estimate
under paragraph (1).
(b) Reports.
(1) In general.
On or before April 30, 1989, and on or
before March 31 of each succeeding calendar
year, the Trade Representative shall submit a
report on the analysis and estimates made under
subsection (a) of this section for the calendar
year preceding such calendar year (which shall
be known as the ``National Trade Estimate'') to
the President, the Committee on Finance of the
Senate, and appropriate committees of the House
of Representatives.
(2) Reports to include information with respect to
action being taken.
The Trade Representative shall include in
each report submitted under paragraph (1)
information with respect to any action taken (or
the reasons for no action taken) to eliminate
any act, policy, or practice identified under
subsection (a), including, but not limited to--
(A) any action under section 2411 of this
title,
(B) negotiations or consultations with
foreign governments, or
(C) a section on foreign anticompetitive
practices, the toleration of which by foreign
governments is adversely affecting exports of
United States goods or services.
(3) Consultation with Congress on trade policy
priorities.
The Trade Representative shall keep the
committees described in paragraph (1) currently
informed with respect to trade policy priorities
for the purposes of expanding market
opportunities. After the submission of the
report required by paragraph (1), the Trade
Representative shall also consult periodically
with, and take into account the views of, the
committees described in that paragraph regarding
means to address the foreign trade barriers
identified in the report, including the possible
initiation of investigations under section 2412
of this title or other trade actions.
(c) Assistance of other agencies.
(1) Furnishing of information.
The head of each department or agency of the
executive branch of the Government, including
any independent agency, is authorized and
directed to furnish to the Trade Representative
or to the appropriate agency, upon request, such
data, reports, and other information as is
necessary for the Trade Representative to carry
out his functions under this section. In
preparing the section of the report required by
subsection (b)(2)(C) of this section, the Trade
Representative shall consult in particular with
the Attorney General.
(2) Restrictions on release or use of information.
Nothing in this subsection shall authorize
the release of information to, or the use of
information by, the Trade Representative in a
manner inconsistent with law or any procedure
established pursuant thereto.
(3) Personnel and services.
The head of any department, agency, or
instrumentality of the United States may detail
such personnel and may furnish such services,
with or without reimbursement, as the Trade
Representative may request to assist in carrying
out his functions.
(d) Electronic commerce.
For purposes of this section, the term ``electronic
commerce'' has the meaning given that term in section
1104(3) of the Internet Tax Freedom Act. (Pub. L. 93-618,
Title I, Sec. 181, as added Pub. L. 98-573, Title III,
Sec. 303(a), Oct. 30, 1984, 98 Stat. 3001, and amended Pub.
L. 100-418, Title I, Sec. 1304, Aug. 23, 1988, 102 Stat.
1181; Pub. L. 103-465, Title III, Sec. Sec. 311(a), 312,
Dec. 8, 1994, 108 Stat. 4938; Pub. L. 105-277, Div. C, Title
XII, Sec. 1202, Oct. 21, 1998, 112 Stat. 2681-726.)
* * * * * * *
Chapter 17.--NEGOTIATION AND IMPLEMENTATION OF TRADE
AGREEMENTS
* * * * * * *
465.12 Sec. 2903. Implementation of trade agreements.
(a) In general.
(1) Any agreement entered into under section
2902 (b) or (c) of this title shall enter into
force with respect to the United States if (and
only if)--
(A) the President, at least 90 calendar
days before the day on which he enters into
the trade agreement, notifies the House of
Representatives and the Senate of his
intention to enter into the agreement, and
promptly thereafter publishes notice of such
intention in the Federal Register,
(B) after entering into the agreement,
the President submits a document to the
House of Representatives and to the Senate
containing a copy of the final legal text of
the agreement, together with--
(i) a draft of an implementing
bill,
(ii) a statement of any
administrative action proposed to
implement the trade agreement, and
(iii) the supporting information
described in paragraph (2); and
(C) the implementing bill is enacted
into law.
(2) The supporting information required
under paragraph (1)(B)(iii) consists of--
(A) an explanation as to how the
implementing bill and proposed
administrative action will change or affect
existing law; and
(B) a statement--
(i) asserting that the agreement
makes progress in achieving the
applicable purposes, policies, and
objectives of this title,
(ii) setting forth the reasons
of the President regarding--
(I) how and to what
extent the agreement makes
progress in achieving the
applicable purposes,
policies, and objectives
referred to in clause (i),
and why and to what extent
the agreement does not
achieve other applicable
purposes, policies, and
objectives,
(II) how the agreement
serves the interests of
United States commerce, and
(III) why the
implementing bill and
proposed administrative
action is required or
appropriate to carry out the
agreement;
(iii) describing the efforts
made by the President to obtain
international exchange rate
equilibrium and any effect the
agreement may have regarding
increased international monetary
stability; and
(iv) describing the extent, if
any, to which--
(I) each foreign country
that is a party to the
agreement maintains non-
commercial state trading
enterprises that may
adversely affect, nullify,
or impair the benefits to
the United States under the
agreement, and
(II) the agreement
applies to or affects
purchases and sales by such
enterprises.
(3) To ensure that a foreign country which
receives benefits under a trade agreement
entered into under section 2902(b) or (c) of
this title is subject to the obligations imposed
by such agreement, the President shall recommend
to Congress in the implementing bill and
statement of administrative action submitted
with respect to such agreement that the benefits
and obligations of such agreement apply solely
to the parties to such agreement, if such
application is consistent with the terms of such
agreement. The President may also recommend with
respect to any such agreement that the benefits
and obligations of such agreement not apply
uniformly to all parties to such agreement, if
such application is consistent with the terms of
such agreement.
(b) Application of Congressional ``fast track''
procedures to implementing bills.
(1) Except as provided in subsection (c)--
(A) the provisions of section 2191 of
this title (hereinafter in this section
referred to as ``fast track procedures'')
apply to implementing bills submitted with
respect to trade agreements entered into
under section 2902 (b) or (c) of this title
before June 1, 1991; and
(B) such fast track procedures shall be
extended to implementing bills submitted
with respect to trade agreements entered
into under section 2902 (b) or (c) of this
title after May 31, 1991, and before June 1,
1993, if (and only if)--
(i) the President requests such
extension under paragraph (2); and
(ii) neither House of the
Congress adopts an extension
disapproval resolution under
paragraph (5) before June 1, 1991.
(2) If the President is of the opinion that
the fast track procedures should be extended to
implementing bills described in paragraph
(1)(B), the President must submit to the
Congress, no later than March 1, 1991, a written
report that contains a request for such
extension, together with--
(A) a description of all trade
agreements that have been negotiated under
section 2902(b) or (c) of this title and the
anticipated schedule for submitting such
agreements to the Congress for approval;
(B) a description of the progress that
has been made in multilateral and bilateral
negotiations to achieve the purposes,
policies, and objectives of this title, and
a statement that such progress justifies the
continuation of negotiations; and
(C) a statement of the reasons why the
extension is needed to complete the
negotiations.
(3) The President shall promptly inform the
Advisory Committee for Trade Policy and
Negotiations established under section 135 of
the Trade Act of 1974 (19 U.S.C. 2155) of his
decision to submit a report to Congress under
paragraph (2). The Advisory Committee shall
submit to the Congress as soon as practicable,
but no later than March 1, 1991, a written
report that contains--
(A) its views regarding the progress
that has been made in multilateral and
bilateral negotiations to achieve the
purposes, policies, and objectives of this
title; and
(B) a statement of its views, and the
reasons therefor, regarding whether the
extension requested under paragraph (2)
should be approved or disapproved.
(4) The reports submitted to Congress under
paragraphs (2) and (3), or any portion of the
reports, may be classified to the extent the
President determines appropriate.
(5)(A) For purposes of this subsection, the
term ``extension disapproval resolution'' means
a resolution of either House of the Congress,
the sole matter after the resolving clause of
which is as follows: ``That the ------
disapproves the request of the President for the
extension, under section 1103(b)(1)(B)(i) of the
Omnibus Trade and Competitiveness Act of 1988
[19 U.S.C. 2903(b)(1)(B)(i)], of the provisions
of section 151 of the Trade Act of 1974 [19
U.S.C. 2191] to any implementing bill submitted
with respect to any trade agreement entered into
under section 1102(b) or (c) of such Act [19
U.S.C. 2902(b) or (c)] after May 31 1991,
because sufficient tangible progress has not
been made in trade negotiations.'', with the
blank space being filled with the name of the
resolving House of Congress.
(B) Extension disapproval resolutions--
(i) may be introduced in either House of
the Congress by any member of such House;
and
(ii) shall be jointly referred, in the
House of Representatives, to the Committee
on Ways and Means and the Committee on
Rules.
(C) The provisions of section 2192 (d) and
(e) of this title (relating to the floor
consideration of certain resolutions in the
House and Senate) apply to extension disapproval
resolutions.
(D) It is not in order for--
(i) the Senate to consider any extension
disapproval resolution not reported by the
Committee on Finance;
(ii) the House of Representatives to
consider any extension disapproval
resolution not reported by the Committee on
Ways and Means and the Committee on Rules;
or
(iii) either House of the Congress to
consider an extension disapproval resolution
that is reported to such House after May 15,
1991.
(c) Limitations on use of ``fast track'' procedures.
(1)(A) The fast track procedures shall not
apply to any implementing bill submitted with
respect to a trade agreement entered into under
section 2902(b) or (c) of this title if both
Houses of the Congress separately agree to
procedural disapproval resolutions within any
60-day period.
(B) Procedural disapproval resolutions--
(i) in the House of Representatives--
(I) shall be introduced by the
chairman or ranking minority member
of the Committee on Ways and Means
or the chairman or ranking minority
member of the Committee on Rules,
(II) shall be jointly referred
to the Committee on Ways and Means
and the Committee on Rules, and
(III) may not be amended by
either Committee; and
(ii) in the Senate shall be original
resolutions of the Committee on Finance.
(C) The provisions of section 2192 (d) and
(e) of this title (relating to the floor
consideration of certain resolutions in the
House and Senate) apply to procedural
disapproval resolutions.
(D) It is not in order for the House of
Representatives to consider any procedural
disapproval resolution not reported by the
Committee on Ways and Means and the Committee on
Rules.
(E) For purposes of this subsection, the
term ``procedural disapproval resolution'' means
a resolution of either House of the Congress,
the sole matter after the resolving clause of
which is as follows: ``That the President has
failed or refused to consult with Congress on
trade negotiations and trade agreements in
accordance with the provisions of the Omnibus
Trade and Competitiveness Act of 1988, and,
therefore, the provisions of section 151 of the
Trade Act of 1974 [19 U.S.C. 2191] shall not
apply to any implementing bill submitted with
respect to any trade agreement entered into
under section 1102 (b) or (c) of such Act of
1988, [19 U.S.C. 2902(b) or (c)] if, during the
60-day period beginning on the date on which
this resolution is agreed to by the ------, the
------ agrees to a procedural disapproval
resolution (within the meaning of section
1103(c)(1)(E) of such Act of 1988 [19 U.S.C.
2903(c)(1)(E)].'', with the first blank space
being filled with the name of the resolving
House of the Congress and the second blank space
being filled with the name of the other House of
the Congress.
(2) The fast track procedures shall not
apply to any implementing bill that contains a
provision approving of any trade agreement which
is entered into under section 2902(c) of this
title with any foreign country if either--
(A) the requirements of section
2902(c)(3) of this title are not met with
respect to the negotiation of such
agreement; or
(B) the Committee on Finance of the
Senate or the Committee on Ways and Means of
the House of Representatives disapproves of
the negotiation of such agreement before the
close of the 60-day period which begins on
the date notice is provided under section
2902(c)(3)(i) of this title with respect to
the negotation of such agreement.
(d) Rules of House of Representatives and Senate.
Subsections (b) and (c) are enacted by the
Congress--
(1) as an exercise of the rulemaking power
of the House of Representatives and the Senate,
respectively, and as such is deemed a part of
the rules of each House, respectively, and such
procedures supersede other rules only to the
extent that they are inconsistent with such
other rules; and
(2) with the full recognition of the
constitutional right of either House to change
the rules (so far as relating to the procedures
of that House) at any time, in the same manner,
and to the same extent as any other rule of the
House.
(e) Computation of certain periods of time.
Each period of time described in subsection
(c)(1)(A) and (E) and (2) of this section shall
be computed without regard to--
(1) the days on which either House of
Congress is not in session because of an
adjournment of more than 3 days to a day certain
or an adjournment of the Congress sine die; and
(2) any Saturday and Sunday, not excluded
under paragraph (1), when either House of the
Congress is not in session. (Aug. 23, 1988, Pub.
L. 100-418, Sec. 1103, 102 Stat. 1128.)
* * * * * * *
Chapter 22.--URUGUAY ROUND TRADE AGREEMENTS
* * * * * * *
465.13 Sec. 3534. Annual report on the WTO.
Not later than March 1 of each year beginning in 1996,
the Trade Representative shall submit to the Congress a
report describing, for the preceding fiscal year of the
WTO--
(1) the major activities and work programs
of the WTO, including the functions and
activities of the committees established under
article IV of the WTO Agreement, and the
expenditures made by the WTO in connection with
those activities and programs;
(2) the percentage of budgetary assessments
by the WTO that were accounted for by each WTO
member county, including the United States;
(3) the total number of personnel employed
or retained by the Secretariat of the WTO, and
the number of professional, administrative, and
support staff of the WTO;
(4) for each personnel category described in
paragraph (3), the number of citizens of each
country, and the average salary of the
personnel, in that category;
(5) each report issued by a panel or the
Appellate Body in a dispute settlement
proceeding regarding Federal or State law, and
any efforts by the Trade Representative to
provide for implementation of the
recommendations contained in a report that is
adverse to the United States;
(6) each proceeding before a panel or the
Appellate Body that was initiated during that
fiscal year regarding Federal or State law, the
status of the proceeding, and the matter at
issue;
(7) the status of consultations with any
State whose law was the subject of a report
adverse to the United States that was issued by
a panel or the Appellate Body; and
(8) any progress achieved in increasing the
transparency of proceedings of the Ministerial
Conference and the General Council, and of
dispute settlement proceedings conducted
pursuant to the Dispute Settlement
Understanding. (Dec. 8, 1994, Pub.L. 103-465,
Title I, Sec. 124, 108 Stat. 4832.)
465.14 Sec. 3535. Review of participation in the WTO.
(a) Report on the operation of the WTO.
The first annual report submitted to the Congress under
section 3534 of this title--
(1) after the end of the 5-year period
beginning on the date on which the WTO Agreement
enters into force with respect to the United
States, and
(2) after the end of every 5-year period
thereafter,
shall include an analysis of the effects of the WTO
Agreement on the interests of the United States, the costs
and benefits to the United States of its participation in
the WTO, and the value of the continued participation of the
United States in the WTO.
(b) Congressional disapproval of U.S. participation in the
WTO.
(1) General rule.
The approval of the Congress, provided under
section 3511(a) of this title, of the WTO
Agreement shall cease to be effective if, and
only if, a joint resolution described in
subsection (c) of this section is enacted into
law pursuant to the provisions of paragraph (2).
(2) Procedural provisions.
(A) The requirements of this paragraph
are met if the joint resolution is enacted
under subsection (c) of this section, and--
(i) the Congress adopts and
transmits the joint resolution to
the President before the end of the
90-day period (excluding any day
described in section 2194(b) of this
title), beginning on the date on
which the Congress receives a report
referred to in subsection (a) of
this section, and
(ii) if the President vetoes the
joint resolution, each House of
Congress votes to override that veto
on or before the later of the last
day of the 90-day period referred to
in clause (i) or the last day of the
15-day period (excluding any day
described in section 2194(b) of this
title) beginning on the date on
which the Congress receives the veto
message from the President.
(B) A joint resolution to which this
section applies may be introduced at any
time on or after the date on which the
President transmits to the Congress a report
described in subsection (a) of this section,
and before the end of the 90-day period
referred to in subparagraph (A).
(c) Joint resolutions.
(1) Joint resolutions.
For purposes of this section, the term
``joint resolution'' means only a joint
resolution of the 2 Houses of Congress, the
matter after the resolving clause of which is as
follows: ``That the Congress withdraws its
approval, provided under section 101(a) of the
Uruguay Round Agreements Act, of the WTO
Agreement as defined in section 2(9) of that
Act.''.
(2) Procedures.
(A) Joint resolutions may be introduced
in either House of the Congress by any
member of such House.
(B) Subject to the provisions of this
subsection, the provisions of subsections
(b), (d), (e), and (f) of section 2192 of
this title apply to joint resolutions to the
same extent as such provisions apply to
resolutions under such section.
(C) If the committee of either House to
which a joint resolution has been referred
has not reported it by the close of the 45th
day after its introduction (excluding any
day described in section 2194(b) of this
title), such committee shall be
automatically discharged from further
consideration of the joint resolution and it
shall be placed on the appropriate calendar.
(D) It is not in order for--
(i) the Senate to consider any
joint resolution unless it has been
reported by the Committee on Finance
or the committee has been discharged
under subparagraph (C); or
(ii) the House of
Representatives to consider any
joint resolution unless it has been
reported by the Committee on Ways
and Means or the committee has been
discharged under subparagraph (C).
(E) A motion in the House of
Representatives to proceed to the
consideration of a joint resolution may only
be made on the second legislative day after
the calendar day on which the Member making
the motion announces to the House his or her
intention to do so.
(3) Consideration of second resolution not in order.
It shall not be in order in either the House
of Representatives or the Senate to consider a
joint resolution (other than a joint resolution
received from the other House), if that House
has previously adopted a joint resolution under
this section.
(d) Rules of House of Representatives and Senate.
This section is enacted by the Congress--
(1) as an exercise of the rulemaking
power of the House of Representatives and
the Senate, respectively, and as such is
deemed a part of the rules of each House,
respectively, and such procedures supersede
other rules only to the extent that they are
inconsistent with such other rules; and
(2) with the full recognition of the
constitutional right of either House to
change the rules (so far as relating to the
procedures of that House) at any time, in
the same manner, and to the same extent as
any other rules of that House. (Dec. 8,
1994, Pub. L. 103-465, Title I, Sec. 125,
108 Stat. 4833.)
* * * * * * *
TITLE 20.--EDUCATION
Chapter 3.--SMITHSONIAN INSTITUTION
470 Sec. 42. Board of Regents; members.
(a) Composition
The business of the Institution shall be conducted at
the city of Washington by a Board of Regents, named the
Regents of the Smithsonian Institution, to be composed of
the Vice President, the Chief Justice of the United States,
three Members of the Senate, three Members of the House of
Representatives, and nine other persons, other than Members
of Congress, two of whom shall be resident in the city of
Washington, and seven of whom shall be inhabitants of some
State, but no two of them of the same State.
(b) Modification of number, appointment or tenure of
members; exceptions
Notwithstanding any other provision of law, the Board of
Regents of the Smithsonian Institution may modify the number
of members, manner of appointment of members, or tenure of
members, of the boards or commissions under the jurisdiction
of the Smithsonian Institution, other than--
(1) the Board of Regents of the Smithsonian
Institution; and
(2) the boards or commissions of the
National Gallery of Art, the John F. Kennedy
Center for the Performing Arts, and the Woodrow
Wilson International Center for Scholars.
(As amended Oct. 21, 1998, Pub. L. 105-277, Div. A,
Sec. 101(e) [Title III, Sec. 355], 112 Stat. 2681-231, 2681-
303.)
471 Sec. 43. Appointment of regents; terms of office; vacancies.
The regents to be selected shall be appointed as
follows: The Members of the Senate by the President thereof;
the Members of the House by the Speaker thereof; and the
nine other persons by joint resolution of the Congress. The
Members of the House so appointed shall serve for the term
of two years; and on every alternate fourth Wednesday of
December a like number shall be appointed in the same
manner, to serve until the fourth Wednesday in December, in
the second year succeeding their appointment. The Senators
so appointed shall serve during the term for which they
shall hold, without reelection, their office as Senators.
Vacancies, occasioned by death, resignation, or otherwise,
shall be filled as vacancies in committees are filled. The
regular term of service for the other nine members shall be
six years; and new elections thereof shall be made by joint
resolutions of Congress. Vacancies occasioned by death,
resignation, or otherwise may be filled in like manner by
joint resolution of Congress. (R.S. Sec. 5581; Dec. 15,
1970, Pub. L. 91-551, 84 Stat. 1440.)
22 u.s.c.--foreign relations and intercourse
general and permanent laws relating to the senate
TITLE 22.--FOREIGN RELATIONS AND INTERCOURSE
Chapter 7.--INTERNATIONAL BUREAUS, CONGRESSES, ETC.
* * * * * * *
471.5 Sec. 276. Bureau of Interparliamentary Union; authorization
of appropriations.
There is authorized to be appropriated for fiscal year
1976 and for each subsequent fiscal year for the annual
contribution of the United States toward the maintenance of
the Bureau of the Interparliamentary Union for the promotion
of international arbitration, an amount equal to 13.61 per
centum of the budget of the Interparliamentary Union for the
year with respect to which such contribution is to be made
if the American group of the Interparliamentary Union has
approved such budget.
(As amended Oct. 21, 1998, Pub. L. 105-277, Div. G, Title
XXV, Sec. 2503(b), 112 Stat. 2681-837.)
Conditional Repeal
Pub. L. 105-277, Div. G, Title XXV, Sec. 2503(d), Oct. 21, 1998, 112 Stat.
2681-837 provided that unless Congress receives certification described in
subsection (a) [section 2503(a) of Pub. L. 105-277, Div. G, Title XXV,
enacting a note provision under this section] before October 1, 1999,
effective on that date the Act entitled ``An Act to authorize participation
by the United States in the Interparliamentary Union'', approved June 28,
1935 [22 U.S.C.A. Sec. Sec. 276 to 276a-4] is repealed. See Effective and
Termination Dates note under this section.
471.6 Sec. 276a-2. Conference of the Interparliamentary Union and
all other parliamentary conferences; appointment of
delegates from Senate; Chairman; Vice Chairman.
Senate delegates to each conference of the
Interparliamentary Union, and to all other parliamentary
conferences, shall be designated by the President of the
Senate upon recommendations of the majority and minority
leaders of the Senate. Unless the President of the Senate,
upon the recommendation of the majority leader, determines
otherwise, the Chairman or Vice Chairman of the Senate
delegation shall be a Member from the Foreign Relations
Committee. Not fewer than two Senators designated to be in
the Senate delegation to each conference of the
Interparliamentary Union shall be members of the Committee
on Foreign Relations. (June 28, 1935, ch. 322, Sec. 4, as
added June 15, 1977, Pub. L. 95-45, Sec. 4(d)(3), 91 Stat.
223.)
471.7 Sec. 276a-3. Executive secretary of American group of
Interparliamentary Union.
After December 31, 1977, the executive secretary of the
American group of the Interparliamentary Union shall be an
officer or employee of the Senate or the House of
Representatives and shall be appointed--
(1) by the Chairman of the Senate delegation
upon recommendations of the majority and
minority leaders of the Senate for service
during odd-numbered Congresses; and
(2) by the Chairman of the House delegation
for service during even-numbered Congresses.
(June 28, 1935, ch. 322, Sec. 5, as added June
15, 1977, Pub. L. 95-45, Sec. 4(d)(3), 91 Stat.
223.)
471.8 Sec. 276a-4. Auditing of accounts of House and Senate
delegations to Interparliamentary Union; finality and
conclusiveness of certificate of Chairman.
The certificate of the Chairman of the respective
delegation to the Interparliamentary Union (or the
certificate of the executive secretary of the American group
if the Chairman delegates such authority to him) shall be
final and conclusive upon the accounting officers in the
auditing of all accounts of the House and Senate delegations
to the Interparliamentary Union. (June 28, 1935, ch. 322,
Sec. 6, as added June 15, 1977, Pub. L. 95-45, Sec. 4(d)(3),
91 Stat. 223.)
471.9 Sec. 276c-1. Reports of expenditures by members of American
groups or delegations and employees; consolidated
reports by Congressional committees; public inspection.
Each chairman or senior member of the House of
Representatives and Senate group or delegation of the United
States group or delegation to the Interparliamentary Union,
the North Atlantic Assembly, the Canada-United States
Interparliamentary Group, the Mexico-United States
Interparliamentary Group, or any similar interparliamentary
group of which the United States is a member or
participates, by whom or on whose behalf local currencies
owned by the United States are made available and expended
and/or expenditures are made from funds appropriated for the
expenses of such group or delegation, shall file with the
chairman of the Committee on Foreign Relations of the Senate
in the case of the group or delegation of the Senate, or
with the chairman of the Committee on Foreign Affairs of the
House of Representatives in the case of the group or
delegation of the House, an itemized report showing all such
expenditures made by or on behalf of each Member or employee
of the group or delegation together with the purposes of the
expenditure, including per diem (lodging and meals),
transportation, and other purposes. Within sixty days after
the beginning of each regular session of Congress, the
chairman of the Committee on Foreign Relations and the
chairman of the Committee on Foreign Affairs shall prepare
consolidated reports showing with respect to each such group
or delegation the total amount expended, the purposes of the
expenditures, the amount expended for each such purpose, the
names of the Members or employees by or on behalf of whom
the expenditures were made and the amount expended by or on
behalf of each Member or employee for each such purpose. The
consolidated reports prepared by the chairman of the
Committee on Foreign Relations of the Senate shall be filed
with the Secretary of the Senate, and the consolidated
reports prepared by the chairman of the Committee on Foreign
Affairs of the House shall be filed with the Clerk of the
House and shall be open to public inspection. (As amended
Pub. L. 103-437, Sec. 9(a)(2), Nov. 2, 1994, 108 Stat. 4588;
Pub. L. 104-186, Title II, Sec. 218(1), Aug. 20, 1996, 110
Stat. 1747.)
canada-united states interparliamentary group
471.10 Sec. 276d. United States group; appointment; term; meetings.
Not to exceed twenty-four Members of Congress shall be
appointed to meet jointly and at least annually and when
Congress is not in session (except that this restriction
shall not apply during the first session of the Eighty-sixth
Congress or to meetings held in the United States) with
representatives of the House of Commons and Senate of the
Canadian Parliament for discussion of common problems in the
interests of relations between the United States and Canada.
Of the Members of the Congress to be appointed for the
purposes of this section (hereinafter designated as the
United States group) half shall be appointed by the Speaker
of the House from Members of the House (not less than four
of whom shall be from the Foreign Affairs Committee), and
half shall be appointed by the President of the Senate upon
recommendations of the majority and minority leaders of the
Senate from Members of the Senate (not less than four of
whom shall be from the Foreign Relations Committee).
Such appointments shall be for the period of each
meeting of the Canada-United States Interparliamentary group
except for the four members of the Foreign Affairs Committee
and the four members of the Foreign Relations Committee,
whose appointments shall be for the duration of each
Congress.
The Chairman or Vice Chairman of the House delegation
shall be a Member from the Foreign Affairs Committee, and,
unless the President of the Senate, upon the recommendation
of the Majority Leader, determines otherwise, the Chairman
or Vice Chairman of the Senate delegation shall be a Member
from the Foreign Relations Committee. (Pub. L. 86-42,
Sec. 1, June 11, 1959, 73 Stat. 72; Pub. L. 95-45,
Sec. 4(a), June 15, 1977, 91 Stat. 222; Pub. L. 103-437,
Sec. 9(a)(3), Nov. 2, 1994, 108 Stat. 4588.)
471.10a Sec. 276e. Authorization of appropriations; disbursements.
An appropriation of $70,000 annually is authorized,
$35,000 of which shall be for the House delegation and
$35,000 for the Senate delegation, or so much thereof as may
be necessary, to assist in meeting the expenses of the
United States group of the Canada-United States
Interparliamentary group for each fiscal year for which an
appropriation is made, the House and Senate portions of such
appropriation to be disbursed on vouchers to be approved by
the Chairman of the House delegation and the Chairman of the
Senate delegation, respectively. (Pub. L. 86-42, Sec. 2,
June 11, 1959, 73 Stat. 72; Pub. L. 94-350, Title I,
Sec. 118(a), July 12, 1976, 90 Stat. 827; Pub. L. 103-236,
Title V, Sec. 502(a)(2), Apr. 30, 1994, 108 Stat. 462.)
mexico-united states interparliamentary group
471.11 Sec. 276h. United States group; appointment; term; meetings.
Not to exceed twenty-four Members of Congress shall be
appointed to meet jointly and at least annually with
representatives of the Chamber of Deputies and Chamber of
Senators of the Mexican Congress for discussion of common
problems in the interests of relations between the United
States and Mexico. Of the Members of the Congress to be
appointed for the purposes of this section (hereinafter
designated as the United States group) half shall be
appointed by the Speaker of the House from Members of the
House (not less than four of whom shall be from the Foreign
Affairs Committee), and half shall be appointed by the
President of the Senate upon recommendations of the majority
and minority leaders of the Senate from Members of the
Senate (not less than four of whom shall be from the Foreign
Relations Committee). Such appointments shall be for the
period of each meeting of the Mexico-United States
Interparliamentary group except for the four members of the
Foreign Affairs Committee, and the four members of the
Foreign Relations Committee, whose appointments shall be for
the duration of each Congress.
The Chairman or Vice Chairman of the House delegation
shall be a Member from the Foreign Affairs Committee, and,
unless the President of the Senate, upon the recommendation
of the Majority Leader, determines otherwise, the Chairman
or Vice Chairman of the Senate delegation shall be a Member
from the Foreign Relations Committee. (Pub. L. 86-420,
Sec. 1, Apr. 9, 1960, 74 Stat. 40; Pub. L. 95-45, Sec. 4(b),
June 15, 1977, 91 Stat. 222; Pub. L. 103-437, Sec. 9(a)(4),
Nov. 2, 1994, 108 Stat. 4585.)
471.11a Sec. 276i. Authorization of appropriations; disbursements.
An appropriation of $80,000 annually is authorized,
$40,000 of which shall be for the House delegation and
$40,000 for the Senate delegation, or so much thereof as may
be necessary, to assist in meeting the expenses of the
United States group of the Mexico-United States
Interparliamentary group for each fiscal year for which an
appropriation is made, the House and Senate portions of such
appropriation to be disbursed on vouchers to be approved by
the Chairman of the House delegation and the Chairman of the
Senate delegation, respectively. (As amended Pub. L. 101-
515, Title III, Sec. 304(c), Nov. 5, 1990, 104 Stat. 2129;
Pub. L. 103-236, Title V, Sec. 502(a)(1), Apr. 30, 1994, 108
Stat. 461.)
471.12 Sec. 276l. British-American Interparliamentary Group.
(a) Establishment and meetings.
Not to exceed 24 Members of Congress shall be appointed
to meet annually and when the Congress is not in session
(except that this restriction shall not apply to meetings
held in the United States), with representatives of the
House of Commons and the House of Lords of the Parliament of
Great Britain for discussion of common problems in the
interest of relations between the United States and Great
Britain. The Members of Congress so appointed shall be
referred to as the ``United States group'' of the United
States Interparliamentary Group.
(b) Appointment of members.
Of the Members of Congress appointed for purposes of
this section--
(1) half shall be appointed by the Speaker
of the House of Representatives from among
Members of the House (not less than 4 of whom
shall be members of the Committee on Foreign
Affairs), and
(2) half shall be appointed by the President
pro tempore of the Senate, upon recommendations
of the majority and minority leaders of the
Senate, from among Members of the Senate (not
less than 4 of whom shall be members of the
Committee on Foreign Relations) unless the
majority and minority leaders of the Senate
determine otherwise.
(c) Chair and Vice Chair.
(1) The Chair or Vice Chair of the House delegation of
the United States group shall be a member from the Committee
on Foreign Affairs.
(2) The President pro tempore of the Senate shall
designate the Chair or Vice Chair of the Senate delegation.
(d) Funding.
There is authorized to be appropriated $50,000 for each
fiscal year to assist in meeting the expenses of the United
States group for each fiscal year for which an appropriation
is made, half of which shall be for the House delegation and
half of which shall be for the Senate delegation. The House
and Senate portions of such appropriations shall be
disbursed on vouchers to be approved by the Chair of the
House delegation and the Chair of the Senate delegation,
respectively.
(e) Certification of expenditures.
The certificate of the Chair of the House delegation or
the Senate delegation of the United States group shall be
final and conclusive upon the accounting officers in the
auditing of the accounts of the United States group.
(f) Annual report.
The United States group shall submit to the Congress a
report for each fiscal year for which an appropriation is
made for the United States group, which shall include its
expenditures under such appropriation.
(g) [Omitted.] (Pub. L. 102-138, Title I, Sec. 168, Oct. 28,
1991, 105 Stat. 676.)
471.13 Sec. 276m. United States Delegation to the Parliamentary
Assembly of the Conference on Security and Cooperation
in Europe (CSCE).
(a) Establishment.
In accordance with the allocation of seats to the United
States in the Parliamentary Assembly of the Conference on
Security and Cooperation in Europe (hereinafter referred to
as the ``CSCE Assembly'') not to exceed 17 Members of
Congress shall be appointed to meet jointly and annually
with representative parliamentary groups from other
Conference on Security and Cooperation in Europe (CSCE)
member-nations for the purposes of--
(1) assessing the implementation of the
objectives of the CSCE;
(2) discussing subjects addressed during the
meetings of the Council of Ministers for Foreign
Affairs and the biennial Summit of Heads of
State or Government;
(3) initiating and promoting such national
and multilateral measures as may further
cooperation and security in Europe.
(b) Appointment of Delegation.
For each meeting of the CSCE Assembly, there shall be
appointed a United States Delegation, as follows:
(1) In 1992 and every even-numbered year
thereafter, 9 Members shall be appointed by the
Speaker of the House from Members of the House
(not less than 4 of whom, including the Chairman
of the United States Delegation, shall be from
the Committee on Foreign Affairs); and 8 Members
shall, upon recommendations of the Majority and
Minority leaders of the Senate, be appointed by
the President pro tempore of the Senate from
Members of the Senate (not less than 4 of whom,
including the Vice Chairman of the United States
Delegation, shall be from the Committee on
Foreign Relations, unless the President pro
tempore of the Senate, upon recommendations of
the Majority and Minority leaders of the Senate,
determines otherwise).
(2) In every odd-numbered year beginning in
1993, 9 Members shall, upon recommendation of
the Majority and Minority Leaders of the Senate,
be appointed by the President pro tempore of the
Senate from Members of the Senate (not less than
4 of whom, including the Chairman of the United
States Delegation, shall be from the Committee
on Foreign Relations, unless the President pro
tempore of the Senate, upon recommendations of
the Majority and Minority leaders of the Senate,
determines otherwise); and 8 Members shall be
appointed by the Speaker of the House from
Members of the House (not less than 4 of whom,
including the Vice Chairman, shall be from the
Committee on Foreign Affairs).
(c) Administrative support.
For the purpose of providing general staff support and
continuity between successive delegations, each United
States Delegation shall have 2 secretaries (one of whom
shall be appointed by the Chairman of the Committee on
Foreign Affairs of the House of Representatives and one of
whom shall be appointed by the Chairman of the Delegation of
the Senate).
(d) Funding.
(1) United States participation.
There is authorized to be appropriated for
each fiscal year $80,000 to assist in meeting
the expenses of the United States delegation.
For each fiscal year for which an appropriation
is made under this subsection, half of such
appropriation may be disbursed on voucher to be
approved by the Chairman and half of such
appropriation may be disbursed on voucher to be
approved by the Vice Chairman.
(2) Availability of appropriations.
Amounts appropriated pursuant to this
subsection are authorized to be available until
expended.
(e) Annual report.
The United States Delegation shall, for each fiscal year
for which an appropriation is made, submit to the Congress a
report including its expenditures under such appropriation.
The certificate of the Chairman and Vice Chairman of the
United States Delegation shall be final and conclusive upon
the accounting officers in the auditing of the accounts of
the United States Delegation. (Pub. L. 102-138, Title I,
Sec. 169, Oct. 28, 1991, 105 Stat. 677.)
Note
There are authorized to be appropriated for each fiscal
year $50,000 for expenses of United States participation in
the United States-European Community Interparliamentary
Group. (November 22, 1983, Public Law 98-164, Sec. 109(c),
as amended September 19, 1986, Public Law 99-415, Sec. 7(b),
and October 1, 1988, Public Law 100-459, Sec. 303(c)).
Chapter 24.--MUTUAL SECURITY PROGRAM
472 Sec. 1754. Foreign currencies.
* * * * * * *
(b) Availability to Members and employees of Congress;
authorization requirements; reports.
(1)(A) Notwithstanding section 1306 of title 31, or any
other provision of law--
(i) local currencies owned by the United
States, which are in excess of the amounts
reserved under section 2362(a) of this title,
and of the requirements of the United States
Government in payment of its obligations outside
the United States, as such requirements may be
determined from time to time by the President;
and
(ii) any other local currencies owned by the
United States in amounts not to exceed the
equivalent of $75 per day per person or the
maximum per diem allowance established under the
authority of subchapter I of chapter 57 of Title
5 for employees of the United States Government
while traveling in a foreign country, whichever
is greater, exclusive of the actual cost of
transportation;
shall be made available to Members and employees of the
Congress for their local currency expenses when authorized
as provided in subparagraph (B).
(B) The authorization required for purposes of
subparagraph (A) may be provided--
(i) by the Speaker of the House of
Representatives in the case of a Member or
employee of the House;
(ii) by the chairman of a standing or select
committee of the House of Representatives in the
case of a member or employee of that committee;
(iii) by the President of the Senate, the
President pro tempore of the Senate, the
Majority Leader of the Senate, or the Minority
Leader of the Senate, in the case of a Member or
employee of the Senate;
(iv) by the chairman of a standing, select,
or special committee of the Senate in the case
of a member or employee of that committee or of
an employee of a member of that committee; and
(v) by the chairman of a joint committee of
the Congress in the case of a member or employee
of that committee.
(C) Whenever local currencies owned by the United States
are not otherwise available for purposes of this subsection,
the Secretary of the Treasury shall purchase such local
currencies as may be necessary for such purposes, using any
funds in the Treasury not otherwise appropriated.
(2) On a quarterly basis, the chairman of each committee
of the House of Representatives or the Senate and of each
joint committee of the Congress (A) shall prepare a
consolidated report (i) which itemizes the amounts and
dollar equivalent values of each foreign currency expended
and the amounts of dollar expenditures from appropriated
funds in connection with travel outside the United States,
stating the purposes of the expenditures including per diem
(lodging and meals), transportation, and other purposes, and
(ii) which shows the total itemized expenditures, by such
committee and by each member or employee of such committee
(including in the case of a committee of the Senate, each
employee of a member of the committee who received an
authorization under paragraph (1) from the chairman of the
committee); and (B) shall forward such consolidated report
to the Clerk of the House of Representatives (if the
committee is a committee of the House of Representatives or
a joint committee whose funds are disbursed by the Chief
Administrative Officer of the House) or to the Secretary of
the Senate (if the committee is a committee of the Senate or
a joint committee whose funds are disbursed by the Secretary
of the Senate). Each such consolidated report shall be open
to public inspection and shall be published in the
Congressional Record within ten legislative days after the
report is forwarded pursuant to this paragraph. In the case
of the Select Committee on Intelligence of the Senate and
the Permanent Select Committee on Intelligence of the House
of Representatives, such consolidated report may, in the
discretion of the chairman of the committee, omit such
information as would identify the foreign countries in which
members and employees of that committee traveled.
(3)(A) Each Member or employee who receives an
authorization under paragraph (1) from the Speaker of the
House of Representatives, the President of the Senate, the
President pro tempore of the Senate, the Majority Leader of
the Senate, or the Minority Leader of the Senate, shall
within thirty days after the completion of the travel
involved, submit a report setting forth the information
specified in paragraph (2), to the extent applicable, to the
Clerk of the House of Representatives (in the case of a
Member of the House or an employee whose salary is disbursed
by the Chief Administrative Officer of the House) or the
Secretary of the Senate (in the case of a Member of the
Senate or an employee whose salary is disbursed by the
Secretary of the Senate). In the case of an authorization
for a group of Members or employees, such reports shall be
submitted for all Members of the group by its chairman, or
if there is no designated chairman, by the ranking Member or
if the group does not include a Member, by the senior
employee in the group. Each report submitted pursuant to
this subparagraph shall be open to public inspection.
(B) On a quarterly basis, the Clerk of the House of
Representatives and the Secretary of the Senate shall each
prepare a consolidation of the reports received by them
under this paragraph with respect to expenditures during the
preceding quarter by each Member and employee or by each
group in the case of expenditures made on behalf of a group
which are not allocable to individual members of the group.
Each such consolidation shall be open to public inspection
and shall be published in the Congressional Record within
ten legislative days after its completion. (Aug. 26, 1954,
ch. 937, Title V, Sec. 502, 68 Stat. 849, amended Sept. 3,
1954, ch. 1262, Sec. 104, 68 Stat. 1223; July 8, 1955, ch.
301, Sec. 9(a), 69 Stat. 288; July 18, 1956, ch. 627,
Sec. 9(b), 70 Stat. 560; June 30, 1958, Sec. 401(a), 72
Stat. 268; August 27, 1958, Pub. L. 85-766, ch. X,
Sec. 1001, 72 Stat. 880; May 14, 1960, Pub. L. 86-472,
Sec. 401(a), 74 Stat. 138; July 12, 1960, Pub. L. 86-628,
Sec. 105(a), 74 Stat. 460; Sept. 4, 1961, Pub. L. 87-195,
Pt. III, Sec. 642(a)(2), 75 Stat. 460; Oct. 7, 1964, Pub. L.
88-633, 78 Stat. 1015; Oct. 18, 1973, Pub. L. 93-126,
Sec. 5, 87 Stat. 452; Aug. 13, 1974, Pub. L. 93-371,
Sec. 107, 88 Stat. 444; July 25, 1975, Pub. L. 94-59, Title
XI, Sec. 1105, 89 Stat. 299; Dec. 18, 1975, Pub. L. 94-157,
Title I, ch. IV, 89 Stat. 837; July 12, 1976, Pub. L. 94-
350, Title IV, Sec. 402, 90 Stat. 833; Oct. 1, 1976, Pub. L.
94-440, Title I, Sec. 109, 90 Stat. 1445; Sept. 26, 1978,
Pub. L. 95-384, Sec. 22(a), 92 Stat. 742; Aug. 20, 1996,
Pub. L. 104-186, Title II, Sec. 218(2), 110 Stat. 1747.)
472.5 Sec. 1928a. North Atlantic Treaty Parliamentary Conference;
participation; appointment of United States Group.
Not to exceed twenty-four Members of Congress shall be
appointed to meet jointly and annually with representative
parliamentary groups from other NATO (North Atlantic Treaty
Organization) members, for discussion of common problems in
the interests of the maintenance of peace and security in
the North Atlantic area. Of the Members of the Congress to
be appointed for the purposes of this resolution
(hereinafter designated as the ``United States Group''),
half shall be appointed by the Speaker of the House from
Members of the House (not less than four of whom shall be
from the Committee on Foreign Affairs), and half shall be
appointed by the President of the Senate upon
recommendations of the majority and minority leaders of the
Senate from Members of the Senate. Not more than seven of
the appointees from the Senate shall be of the same
political party. The Chairman or Vice Chairman of the House
delegation shall be a Member from the Foreign Affairs
Committee, and, unless the President of the Senate, upon the
recommendation of the Majority Leader, determines otherwise,
the Chairman or Vice Chairman of the Senate delegation shall
be a Member from the Foreign Relations Committee. Each
delegation shall have a secretary. The secretaries of the
Senate and House delegations shall be appointed,
respectively, by the chairman of the Committee on Foreign
Relations of the Senate and the chairman of the Committee on
Foreign Affairs of the House of Representatives. (July 11,
1956, ch. 562, Sec. 1, 70 Stat. 523; Dec. 16, 1963, Pub. L.
88-205, Pt. IV, Sec. 406, 77 Stat. 392; Pub. L. 95-45
Sec. 4(c), June 15, 1977, 91 Stat. 222; H. Res. 89, February
5, 1979; December 22, 1987, Pub. L. 100-204, Title VII,
Sec. 744(a), 101 Stat. 1396; Pub. L. 103-437, Sec. 9(a)(5),
Nov. 2, 1994, 108 Stat. 4588.)
472.6 Sec. 1928b. Authorization of appropriations.
There is authorized to be appropriated annually, (1),
for the annual contribution of the United States toward the
maintenance of the North Atlantic Assembly, such sum as may
be agreed upon by the United States Group and approved by
such Assembly, but in no event to exceed for any year an
amount equal to 25 per centum of the total annual
contributions made for that year by all members of the NATO
Parliamentary Assembly toward the maintenance of such
Assembly, and (2) $100,000, $50,000 for the House delegation
and $50,000 for the Senate delegation, or so much thereof as
may be necessary, to assist in meeting the expenses of the
United States Group of the North Atlantic Assembly for each
fiscal year for which an appropriation is made, such
appropriation to be dispersed on voucher to be approved by
the Chairman of the House delegation and the Chairman of the
Senate delegation. (July 11, 1956, ch. 562, Sec. 2, 70 Stat.
523; June 30, 1958, Pub. L. 85-477, ch. V, Sec. 502(d), 72
Stat. 273; Nov. 14, 1967, Pub. L. 90-137, Pt. IV,
Sec. 401(a), 81 Stat. 463; Feb. 7, 1972, Pub. L. 92-226, Pt.
IV, Sec. 405, 86 Stat. 34; Dec. 22, 1987, Pub. L. 100-202,
Sec. 101(a) [Title III, Sec. 303], 101 Stat. 1329, 1329-23;
Dec. 22, 1987, Pub. L. 100-204, Title VII, Sec. 744(b), 101
Stat. 1396; Nov. 29, 1999, Pub. L. 106-113, Sec. 1000(a)(7),
113 Stat. 1501A-459.)
26 u.s.c.--internal revenue code
general and permanent laws relating to the senate
TITLE 26.--INTERNAL REVENUE CODE
SUBTITLE A.--INCOME TAXES
Chapter 1.--NORMAL TAXES AND SURTAXES
* * * * * * *
Subchapter B.--Computation of Taxable Income
* * * * * * *
Part II.--ITEMS SPECIFICALLY INCLUDED IN GROSS INCOME
* * * * * * *
473 Sec. 84. Transfer of appreciated property to political
organization.
473.1 (a) General rule.
If--
(1) any person transfers property to a
political organization, and
(2) the fair market value of such property
exceeds its adjusted basis,
then for purposes of this chapter the transferor shall be
treated as having sold such property to the political
organization on the date of the transfer, and the transferor
shall be treated as having realized an amount equal to the
fair market value of such property on such date.
473.2 (b) Basis of property.
In the case of a transfer of property to a political
organization to which subsection (a) applies, the basis of
such property in the hands of the political organization
shall be the same as it would be in the hands of the
transferor, increased by the amount of gain recognized to
the transferor by reason of such transfer.
473.3 (c) Political organization defined.
For purposes of this section, the term ``political
organization'' has the meaning given to such term by section
527(e)(1). (Jan. 3, 1975, Pub. L. 93-625, Sec. 13(a), 88
Stat. 2120.)
* * * * * * *
Part VI.--ITEMIZED DEDUCTIONS FOR INDIVIDUALS AND
CORPORATIONS
* * * * * * *
474 Sec. 162. Trade or business expenses.
474.1 (a) In general.
There shall be allowed as a deduction all the ordinary
and necessary expenses paid or incurred during the taxable
year in carrying on any trade or business, including--
(1) a reasonable allowance for salaries or
other compensation for personal services
actually rendered;
(2) traveling expenses (including amounts
expended for meals and lodging other than
amounts which are lavish or extravagant under
the circumstances) while away from home in the
pursuit of a trade or business; and
(3) rentals or other payments required to be
made as a condition to the continued use or
possession, for purposes of the trade or
business, of property to which the taxpayer has
not taken or is not taking title or in which he
has no equity.
For purposes of the preceding sentence, the place of
residence of a Member of Congress (including any Delegate
and Resident Commissioner) within the State, congressional
district, or possession which he represents in Congress
shall be considered his home, but amounts expended by such
Members within each taxable year for living expenses shall
not be deductible for income tax purposes in excess of
$3,000. For purposes of paragraph (2), the taxpayer shall
not be treated as being temporarily away from home during
any period of employment if such period exceeds 1 year. The
preceding sentence shall not apply to any Federal employee
during any period for which such employee is certified by
the Attorney General (or the designee thereof) as traveling
on behalf of the United States in temporary duty status to
investigate or prosecute, or provide support services for
the investigation or prosecution of, a Federal crime. (Aug.
16, 1954, ch. 736, 68A Stat. 45; Oct. 16, 1962, Pub. L. 87-
834, Sec. 4(b), 76 Stat. 960, 976; Oct. 4, 1976, Pub. L. 94-
455, Sec. 1901(c) (4), 90 Stat. 1803; Oct. 1, 1981, Pub. L.
97-51, Sec. 139(b)(1), 95 Stat. 967; July 18, 1982, Pub. L.
97-216, Sec. 215(a), 96 Stat. 194; Oct. 24, 1992, Pub. L.
102-486, Sec. 1938(a), 106 Stat. 3033; Aug. 5, 1997, Pub. L.
105-34, Sec. 1204(a), 111 Stat. 995; July 22, 1998, Pub. L.
105-206, Sec. 6012(a), 112 Stat. 818.)
* * * * * * *
Subchapter F.--Exempt Organizations
* * * * * * *
Part VI.--POLITICAL ORGANIZATIONS
474.5 Sec. 527. Political organizations.
474.6 (a) General rule.
A political organization shall be subject to taxation
under this subtitle only to the extent provided in this
section. A political organization shall be considered an
organization exempt from income taxes for the purpose of any
law which refers to organizations exempt from income taxes.
474.7 (b) Tax imposed.
(1) In general.--A tax is hereby imposed for each
taxable year on the political organization taxable income of
every political organization. Such tax shall be computed by
multiplying the political organization taxable income by the
highest rate of tax specified in section 11(b).
(2) Alternative tax in case of capital gains.--If for
any taxable year any political organization has a net
capital gain, then, in lieu of the tax imposed by paragraph
(1), there is hereby imposed a tax (if such a tax is less
than the tax imposed by paragraph (1)) which shall consist
of the sum of--
(A) a partial tax, computed as provided by
paragraph (1), on the political organization
taxable income determined by reducing such
income by the amount of such gain, and
(B) an amount determined as provided in
section 1201(a) on such gain.
474.8 (c) Political organization taxable income defined.
(1) Taxable income defined.--For purposes of this
section, the political organization taxable income of any
organization for any taxable year is an amount equal to the
excess (if any) of--
(A) the gross income for the taxable year
(excluding any exempt function income), over
(B) the deductions allowed by this chapter
which are directly connected with the production
of the gross income (excluding exempt function
income), computed with the modifications
provided in paragraph (2).
(2) Modifications.--For purposes of this subsection--
(A) there shall be allowed a specific
deduction of $100,
(B) no net operating loss deduction shall be
allowed under section 172, and
(C) no deduction shall be allowed under part
VIII of subchapter B (relating to special
deductions for corporations).
(3) Exempt function income.--For purposes of this
subsection, the term ``exempt function income'' means any
amount received as--
(A) a contribution of money or other
property,
(B) membership dues, a membership fee or
assessment from a member of the political
organization,
(C) proceeds from a political fundraising or
entertainment event, or proceeds from the sale
of political campaign materials, which are not
received in the ordinary course of any trade or
business, or
(D) proceeds from the conducting of any
bingo game (as defined in section 513(f)(2)),
to the extent such amount is segregated for use only for the
exempt function of the political organization.
474.9 (d) Certain uses not treated as income to candidate.
For purposes of this title, if any political
organization--
(1) contributes any amount to or for the use
of any political organization which is treated
as exempt from tax under subsection (a) of this
section,
(2) contributes any amount to or for the use
of any organization described in paragraph (1)
or (2) of section 509(a) which is exempt from
tax under section 501(a), or
(3) deposits any amount in the general fund
of the Treasury or in the general funds of any
State or local government,
such amount shall be treated as an amount not diverted for
the personal use of the candidate or any other person. No
deduction shall be allowed under this title for the
contribution or deposit of any amount described in the
preceding sentence.
474.10 (e) Other definitions.
For purposes of this section--
(1) Political organization.--The term
``political organization'' means a party,
committee, association, fund, or other
organization (whether or not incorporated)
organized and operated primarily for the purpose
of directly or indirectly accepting
contributions or making expenditures, or both,
for an exempt function.
(2) Exempt function.--The term ``exempt
function'' means the function of influencing or
attempting to influence the selection,
nomination, election, or appointment of any
individual to any Federal, State, or local
public office or office in a political
organization, or the election of Presidential or
Vice-Presidential electors, whether or not such
individual or electors are selected, nominated,
elected, or appointed. Such term includes the
making of expenditures relating to an office
described in the preceding sentence which, if
incurred by the individual, would be allowable
as a deduction under section 162(a).
(3) Contributions.--The term
``contributions'' has the meaning given to such
term by section 271(b)(2).
(4) Expenditures.--The term ``expenditures''
has the meaning given to such term by section
271(b)(3).
* * * * * * *
474.11 (g) Treatment of newsletter funds.
(1) In general.--For purposes of this section, a fund
established and maintained by an individual who holds, has
been elected to, or is a candidate (within the meaning of
paragraph (3)) for nomination or election to, any Federal,
State, or local elective public office for use by such
individual exclusively for the preparation and circulation
of such individual's newsletter shall, except as provided in
paragraph (2), be treated as if such fund constituted a
political organization.
(2) Additional modifications.--In the case of any fund
described in paragraph (1)--
(A) the exempt function shall be only the
preparation and circulation of the newsletter,
and
(B) the specific deduction provided by
subsection (c)(2)(A) shall not be allowed.
(3) Candidate.--For purposes of paragraph (1), the term
``candidate'' means, with respect to any Federal, State, or
local elective public office, an individual who--
(A) publicly announces that he is a
candidate for nomination or election to such
office, and
(B) meets the qualifications prescribed by
law to hold such office.
474.12 (h) Special rule for principal campaign committees.
(1) In general.--In the case of a political organization
which is a principal campaign committee, paragraph (1) of
subsection (b) shall be applied by substituting ``the
appropriate rates'' for ``the highest rate''.
(2) Principal campaign committee defined.--
(A) In general.--For purposes of this
subsection, the term ``principal campaign
committee'' means the political committee
designated by a candidate for Congress as his
principal campaign committee for purposes of--
(i) section 302(e) of the Federal
Election Campaign Act of 1971 (2 U.S.C.
432(e)), and
(ii) this subsection.
(B) Designation.--A candidate may have only
1 designation in effect under subparagraph
(A)(ii) at any time and such designation--
(i) shall be made at such time and in
such manner as the Secretary may prescribe
by regulations, and
(ii) once made, may be revoked only with
the consent of the Secretary.
Nothing in this subsection shall be
construed to require any designation where there
is only one political committee with respect to
a candidate. (Jan. 3, 1975, Pub. L. 93-625,
Sec. 10(a), 88 Stat. 2116; Oct. 4, 1976, Pub. L.
94-455, Sec. 1901(b)(33)(c), 90 Stat. 1801; Oct.
21, 1978, Pub. L. 95-502, Sec. 302(a), 92 Stat.
1702; Nov. 6, 1978, Pub. L. 95-600,
Sec. 301(b)(6), 92 Stat. 2821; Aug. 13, 1981,
Pub. L. 97-34, Sec. 128, 95 Stat. 203; July 18,
1984, Pub. L. 98-369, Sec. Sec. 474(r)(16),
722(c), 98 Stat. 843, 973; Oct. 22, 1986, Pub.
L. 99-514, Sec. 112(b)(1), 100 Stat. 2085; Nov.
10, 1988, Pub. L. 100-647, Sec. 1001(b)(3)(B),
102 Stat. 3349.)
* * * * * * *
Subchapter N.--Tax Based on Income From Sources Within or
Without the United States
* * * * * * *
Part II.--NONRESIDENT ALIENS AND FOREIGN CORPORATIONS
* * * * * * *
Subpart D.--Miscellaneous Provisions
* * * * * * *
474.13 Sec. 896. Adjustment of tax on nationals, residents, and
corporations of certain foreign countries.
* * * * * * *
474.14 (d) Notification of Congress required.
No proclamation shall be issued by the President
pursuant to this section unless, at lest 30 days prior to
such proclamation, he has notified the Senate and the House
of Representatives of his intention to issue such
proclamation. (Nov. 13, 1966, Pub. L. 89-809, Sec. 105(b),
80 Stat. 1563.)
Subchapter P.--Capital Gains and Losses
* * * * * * *
Part III.--GENERAL RULES FOR DETERMINING CAPITAL GAINS AND
LOSSES
474.15 Sec. 1221. Capital asset defined.
(a) In general.--For purposes of this subtitle, the term
``capital asset'' means property held by the taxpayer
(whether or not connected with his trade or business), but
does not include--
* * * * * * *
(5) a publication of the United States Government
(including the Congressional Record) which is received from
the United States Government or any agency thereof, other
than by purchase at the price at which it is offered for
sale to the public, and which is held by--
(A) a taxpayer who so received such
publication, or
(B) a taxpayer in whose hands the basis of
such publication is determined, for purposes of
determining gain from a sale or exchange, in
whole or in part by reference to the basis of
such publication in the hands of a taxpayer
described in subparagraph (A). (Aug. 16, 1954,
ch. 736. 68A Stat. 321; Oct. 4, 1976, Pub. L.
94-455, Sec. 2132 (a), 90 Stat. 1925; Aug. 13,
1981, Pub. L. 97-34, Sec. 505 (a), 95 Stat 331;
Dec. 17, 1999, Pub. L. 106-170, Sec. 532(a), 113
Stat. 1928.
* * * * * * *
SUBTITLE F.--PROCEDURE AND ADMINISTRATION
Chapter 61.--INFORMATION AND RETURNS
* * * * * * *
Subchapter B.--Miscellaneous Provisions
* * * * * * *
475 Sec. 6103. Confidentiality and disclosure of returns and
return information.
* * * * * * *
475.1 (f) Disclosure to committees of Congress.
(1) Committee on Ways and Means, Committee on Finance,
and Joint Committee on Taxation.--Upon written request from
the chairman of the Committee on Ways and Means of the House
of Representatives, the chairman of the Committee on Finance
of the Senate, or the chairman of the Joint Committee on
Taxation, the Secretary shall furnish such committee with
any return or return information specified in such request,
except that any return or return information which can be
associated with, or otherwise identify, directly or
indirectly, a particular taxpayer shall be furnished to such
committee only when sitting in closed executive session
unless such taxpayer otherwise consents in writing to such
disclosure.
(2) Chief of Staff of Joint Committee on Taxation.--Upon
written request by the Chief of Staff of the Joint Committee
on Taxation, the Secretary shall furnish him with any return
or return information specified in such request. Such Chief
of Staff may submit such return or return information to any
committee described in paragraph (1), except that any return
or return information which can be associated with, or
otherwise identify, directly or indirectly, a particular
taxpayer shall be furnished to such committee only when
sitting in closed executive session unless such taxpayer
otherwise consents in writing to such disclosure.
(3) Other committees.--Pursuant to an action by, and
upon written request by the chairman of, a committee of the
Senate or the House of Representatives (other than a
committee specified in paragraph (1)) specially authorized
to inspect any return or return information by a resolution
of the Senate or the House of Representatives or, in the
case of a joint committee (other than the joint committee
specified in paragraph (1)) by concurrent resolution, the
Secretary shall furnish such committee, or a duly authorized
and designated subcommittee thereof, sitting in closed
executive session, with any return or return information
which such resolution authorizes the committee or
subcommittee to inspect. Any resolution described in this
paragraph shall specify the purpose for which the return or
return information is to be furnished and that such
information cannot reasonably be obtained from any other
source.
(4) Agents of committees and submission of information
to Senate or House of Representatives.--
(A) Committees described in paragraph (1).--
Any committee described in paragraph (1) or the
Chief of Staff of the Joint Committee on
Taxation shall have the authority, acting
directly, or by or through such examiners or
agents as the chairman of such committee or such
chief of staff may designate or appoint, to
inspect returns and return information at such
time and in such manner as may be determined by
such chairman or chief of staff. Any return or
return information obtained by or on behalf of
such committee pursuant to the provisions of
this subsection may be submitted by the
committee to the Senate or the House of
Representatives, or to both. The Joint Committee
on Taxation may also submit such return or
return information to any other committee
described in paragraph (1), except that any
return or return information which can be
associated with, or otherwise identify, directly
or indirectly, a particular taxpayer shall be
furnished to such committee only when sitting in
closed executive session unless such taxpayer
otherwise consents in writing to such
disclosure.
(B) Other committees.--Any committee or
subcommittee described in paragraph (3) shall
have the right, acting directly, or by or
through no more than four examiners or agents,
designated or appointed in writing in equal
numbers by the chairman and ranking minority
member of such committee or subcommittee, to
inspect returns and return information at such
time and in such manner as may be determined by
such chairman and ranking minority member. Any
return or return information obtained by or on
behalf of such committee or subcommittee
pursuant to the provisions of this subsection
may be submitted by the committee to the Senate
or the House of Representatives, or to both,
except that any return or return information
which can be associated with, or otherwise
identify, directly or indirectly, a particular
taxpayer, shall be furnished to the Senate or
the House of Representatives only when sitting
in closed executive session unless such taxpayer
otherwise consents in writing to such
disclosure.
(5) Disclosure by whistleblower.--Any person who
otherwise has or had access to any return or return
information under this section may disclose such return or
return information to a committee referred to in paragraph
(1) or any individual authorized to receive or inspect
information under paragraph (4)(A) if such person believes
such return or return information may relate to possible
misconduct, maladministration, or taxpayer abuse.
475.2 (g) Disclosure to President and certain other persons.
* * * * * * *
475.3 (5) Reporting requirements.--
Within 30 days after the close of each calendar quarter,
the President and the head of any agency requesting returns
and return information under this subsection shall each file
a report with the Joint Committee on Taxation setting forth
the taxpayers with respect to whom such requests were made
during such quarter under this subsection, the returns or
return information involved, and the reasons for such
requests. The President shall not be required to report on
any request for returns and return information pertaining to
an individual who was an officer or employee of the
executive branch of the Federal Government at the time such
request was made. Reports filed pursuant to this paragraph
shall not be disclosed unless the Joint Committee on
Taxation determines that disclosure thereof (including
identifying details) would be in the national interest. Such
reports shall be maintained by the Joint Committee on
Taxation for a period not exceeding 2 years unless, within
such period, the Joint Committee on Taxation determines that
a disclosure to the Congress is necessary. (Pub. L. 105-65,
Title V, (Sec. 542(b), 111 Stat. 1412; July 22, 1998, Pub.
L. 105-206, Title I, Sec. 1101(b), Title III,
Sec. Sec. 3702(a), (b), 3708(a), 3711(b), Title VI,
Sec. Sec. 6007(f)(4), 6009(d), 6012(b)(2), (4), 6019(c),
6023(22), 112 Stat. 696, 776, 777, 778, 781, 810, 812, 819,
823, 826; Oct. 21, 1998, Pub. L. 105-277, Div. J, Title I,
Sec. 1006, Title IV, Sec. Sec. 4002(a), (h), 4006(a), 112
Stat. 2681-900, 2681-906, 2681-907, 2681-912; Dec. 17, 1999,
Pub. L. 106-170, Title V, Sec. 521(a)(1), 113 Stat. 1925.)
* * * * * * *
475.5 Sec. 6104. Publicity of information required from certain
exempt organizations and certain trusts.
475.6 (a) Inspection of applications for tax exemption.
(1) Public inspection.--
(A) Organizations described in section
501.--If an organization described in section
501 (c) or (d) is exempt from taxation under
section 501(a) for any taxable year, the
application filed by the organization with
respect to which the Secretary made his
determination that such organization was
entitled to exemption under section 501(a),
together with any papers submitted in support of
such application, and any letter or other
document issued by the Internal Revenue Service
with respect to such application shall be open
to public inspection at the national office of
the Internal Revenue Service. In the case of any
application filed after the date of the
enactment of this subparagraph, a copy of such
application and such letter or document shall be
open to public inspection at the appropriate
field office of the Internal Revenue Service
(determined under regulations prescribed by the
Secretary). Any inspection under this
subparagraph may be made at such times, and in
such manner, as the Secretary shall by
regulations prescribe. After the application of
any organization has been opened to public
inspection under this subparagraph, the
Secretary shall, on the request of any person
with respect to such organization, furnish a
statement indicating the subsection and
paragraph of section 501 which it has been
determined describes such organization.
(B) Pension, etc., plans.--The following
shall be open to public inspection at such times
and in such places as the Secretary may
prescribe:
(i) any application filed with respect
to the qualification of a pension, profit-
sharing, or stock bonus plan under section
401(a) or 403(a), an individual retirement
account described in section 408(a), or an
individual retirement annuity described in
section 408(b),
(ii) any application filed with respect
to the exemption from tax under section
501(a) of an organization forming part of a
plan or account referred to in clause (i),
(iii) any papers submitted in support of
an application referred to in clause (i) or
(ii), and
(iv) any letter or other document issued
by the Internal Revenue Service and dealing
with the qualification referred to in clause
(i) or the exemption from tax referred to in
clause (ii).
Except in the case of a plan participant, this subparagraph
shall not apply to any plan referred to in clause (i) having
not more than 25 participants.
(C) Certain names and compensation not to be
open to public inspection.--In the case of any
application, document, or other papers, referred
to in subparagraph (B), information from which
the compensation (including deferred
compensation) of any individual may be
ascertained shall not be opened to public
inspection under subparagraph (B).
(D) Withholding of certain other
information.--Upon request of the organization
submitting any supporting papers described in
subparagraph (A) or (B), the Secretary shall
withhold from public inspection any information
contained therein which he determines relates to
any trade secret, patent, process, style of
work, or apparatus, of the organization, if he
determines that public disclosure of such
information would adversely affect the
organization. The Secretary shall withhold from
public inspection any information contained in
supporting papers described in subparagraph (A)
or (B) the public disclosure of which he
determines would adversely affect the national
defense.
(2) Inspection by committee of Congress.--Section
6103(f) shall apply with respect to--
(A) the application for exemption of any
organization described in section 501(c) or (d)
which is exempt from taxation under section
501(a) for any taxable year, and any application
referred to in subparagraph (B) of subsection
(a)(1) of this section, and
(B) any other papers which are in the
possession of the Secretary and which relate to
such application,
as if such papers constituted returns. (Sept. 2, 1958, Pub.
L. 85-866, Sec. 75(a) 72 Stat. 1660; Sept. 2, 1974, Pub. L.
93-406, Sec. 1022(g)(1), (2), 88 Stat. 940; Oct. 4, 1976,
Pub. L. 94-455, Sec. Sec. 1201(d), 1906(b)(13)(A), 90 Stat.
1667, 1834; Nov. 6, 1978, Pub. L. 95-600, Sec. 703(m), 92
Stat. 2943; July 18, 1984, Pub. L. 98-369 Sec. 491(d)(49),
98 Stat. 852.)
* * * * * * *
Chapter 78.--DISCOVERY OF LIABILITY AND ENFORCEMENT OF TITLE
* * * * * * *
Subchapter A.--Examination and Inspection
* * * * * * *
475.6-1
475.6-1 Sec. 7608. Authority of internal revenue enforcement
officers.
* * * * * * *
475.6-2
475.6-2 (c) Rules relating to undercover operations.
* * * * * * *
(4) Audits.--
(A) The Service shall conduct a detailed financial audit
of each undercover investigative operation which is closed
in each fiscal year; and
(i) submit the results of the audit in
writing to the Secretary; and
(ii) not later than 180 days after such
undercover operation is closed, submit a report
to the Congress concerning such audit.
(B) The Service shall also submit a report annually to
the Congress specifying as to its undercover investigative
operations--
(i) the number, by programs, of undercover
investigative operations pending as of the end
of the 1-year period for which such report is
submitted;
(ii) the number, by programs, of undercover
investigative operations commenced in the 1-year
period for which such report is submitted;
(iii) the number, by programs, of undercover
investigative operations closed in the 1-year
period for which such report is submitted; and
(iv) the following information with respect
to each undercover investigative operation
pending as of the end of the 1-year period for
which such report is submitted or closed during
such 1-year period--
(I) the date the operation began and the
date of the certification referred to in the
last sentence of paragraph (1),
(II) the total expenditures under the
operation and the amount and use of the
proceeds from the operation,
(III) a detailed description of the
operation including the potential violation
being investigated and whether the operation
is being conducted under grand jury
auspices, and
(IV) the results of the operation
including the results of criminal
proceedings.
(Nov. 18, 1988, Pub. L. 100-690, Sec. 7601(c)(2), 102 Stat.
4504; July 30, 1996, Pub. L. 104-168, Sec. 1205(c)(1), 110
Stat. 1471.)
* * * * * * *
Chapter 79.--DEFINITIONS
475.7 Sec. 7701. Definitions.
* * * * * * *
475.8 (j) Tax treatment of Federal Thrift Savings Fund.
(1) In general.--For purposes of this title--
(A) the Thrift Savings Fund shall be treated
as a trust described in section 401(a) which is
exempt from taxation under section 501(a);
(B) any contribution to, or distribution
from, the Thrift Savings Fund shall be treated
in the same manner as contributions to or
distributions from such a trust; and
(C) subject to section 401(k)(4)(B) and any
dollar limitation on the application of section
402(e)(3), contributions to the Thrift Savings
Fund shall not be treated as distributed or made
available to an employee or Member nor as a
contribution made to the Fund by an employee or
Member merely because the employee or Member
has, under the provisions of subchapter III of
chapter 84 of title 5, United States Code, and
section 8351 of such title 5, an election
whether the contribution will be made to the
Thrift Savings Fund or received by the employee
or Member in cash.
(2) Nondiscrimination requirements.--Notwithstanding any
other provision of the law, the Thrift Savings Fund is not
subject to the nondiscrimination requirements applicable to
arrangements described in section 401(k) or to matching
contributions (as described in section 401(m)), so long as
it meets the requirements of this section.
(3) Coordination with Social Security Act.--Paragraph
(1) shall not be construed to provide that any amount of the
employee's or Member's basic pay which is contributed to the
Thrift Savings Fund shall not be included in the term
``wages'' for the purposes of section 209 of the Social
Security Act or section 3121(a) of this title.
(4) Definitions.--For purposes of this subsection, the
terms ``Member'', ``employee'', and ``Thrift Savings Fund''
shall have the same respective meanings as when used in
subchapter III of chapter 84 of title 5, United States Code.
(5) Coordination with other provisions of law.--No
provision of law not contained in this title shall apply for
purposes of determining the treatment under this title of
the Thrift Savings Fund or any contribution to, or
distribution from, such Fund. (Oct. 22, 1986, Pub. L. 99-
514, Sec. 1147(a), 100 Stat. 2493; Dec. 22, 1987, Pub. L.
100-202, Sec. 624(a), 101 Stat. 1329-429; Nov. 10, 1988,
Pub. L. 100-647, Sec. 1011A(m)(1), 102 Stat. 3483; Nov. 5,
1990, Pub. L. 101-508, Sec. 11704(a)(34), 104 Stat. 1388-
519; July 3, 1992, Pub. L. 102-318, Sec. 521(b)(43), 106
Stat. 313.)
* * * * * * *
475.9 (k) Treatment of certain amounts paid to charity.
In the case of any payment which, except for section
501(b) of the Ethics in Government Act of 1978, might be
made to any officer or employee of the Federal Government
but which is made instead on behalf of such officer or
employee to an organization described in section 170(c)--
(1) such payment shall not be treated as
received by such officer or employee for all
purposes of this title and for all purposes of
any tax law of a State or political subdivision
thereof, and
(2) no deduction shall be allowed under any
provision of this title (or of any law of a
State or political subdivision thereof) to such
officer or employee by reason of having such
payment made to such organization.
For purposes of this subsection, a Senator, a Representative
in, or a Delegate or Resident Commissioner to, the Congress
shall be treated as an officer or employee of the Federal
Government. (Nov. 30, 1989, Pub. L. 101-194, Sec. 602, 103
Stat. 1762; Aug. 14, 1991, Pub. L. 102-90, Sec. 314(e), 103
Stat. 469-470.)
* * * * * * *
Chapter 80.--GENERAL RULES
* * * * * * *
Subchapter A.--Application of Internal Revenue Laws
* * * * * * *
475.10 Sec. 7802. Internal Revenue Service Oversight Board.
* * * * * * *
475.11 (d) Specific responsibilities.
* * * * * * *
(4) Budget.--To--
(A) review and approve the budget request of
the Internal Revenue Service prepared by the
Commissioner;
(B) submit such budget request to the
Secretary of the Treasury; and
(C) ensure that the budget request supports
the annual and long-range strategic plans.
* * * * * * *
The Secretary shall submit the budget request referred to in
paragraph (4)(B) for any fiscal year to the President who
shall submit such request, without revision, to Congress
together with the President's annual budget request for the
Internal Revenue Service for such fiscal year.
* * * * * * *
475.12 (f) Administrative matters.
* * * * * * *
(3) Reports.--
(A) Annual.--The Oversight Board shall each
year report with respect to the conduct of its
responsibilities under this title to the
President, the Committees on Ways and Means,
Government Reform and Oversight, and
Appropriations of the House of Representatives
and the Committees on Finance, Governmental
Affairs, and Appropriations of the Senate.
(B) Additional report.--Upon a determination
by the Oversight Board under subsection
(c)(1)(B) that the organization and operation of
the Internal Revenue Service are not allowing it
to carry out its mission, the Oversight Board
shall report such determination to the Committee
on Ways and Means of the House of
Representatives and the Committee on Finance of
the Senate. (July 22, 1998, Pub. L. 105-206,
Sec. 1101(a), 112 Stat. 691.)
* * * * * * *
475.13 Sec. 7803. Commissioner of Internal Revenue; other
officials.
* * * * * * *
475.14 (c) Office of the Taxpayer Advocate.
* * * * * * *
(2) Functions of office.
* * * * * * *
(B) Annual reports.--
(i) Objectives.--Not later than June 30 of
each calendar year, the National Taxpayer
Advocate shall report to the Committee on Ways
and Means of the House of Representatives and
the Committee on Finance of the Senate on the
objectives of the Office of the Taxpayer
Advocate for the fiscal year beginning in such
calendar year. Any such report shall contain
full and substantive analysis, in addition to
statistical information.
(ii) Activities.--Not later than December 31
of each calendar year, the National Taxpayer
Advocate shall report to the Committee on Ways
and Means of the House of Representatives and
the Committee on Finance of the Senate on the
activities of the Office of the Taxpayer
Advocate during the fiscal year ending during
such calendar year. (July 22, 1998, Pub. L. 105-
206, Sec. 1102(a), 112 Stat. 697.)
* * * * * * *
475.15 Sec. 7805. Rules and regulations.
* * * * * * *
475.16 (b) Retroactivity of regulations.
* * * * * * *
(6) Congressional authorization.--The limitation of
paragraph (1) may be superseded by a legislative grant from
Congress authorizing the Secretary to prescribe the
effective date with respect to any regulation. (July 30,
1996, Pub. L. 104-168, Sec. 1101(a), 110 Stat. 1468.)
* * * * * * *
SUBTITLE G.--THE JOINT COMMITTEE ON TAXATION
Chapter 91.--ORGANIZATION AND MEMBERSHIP OF THE JOINT
COMMITTEE
476 Sec. 8001. Authorization.
There shall be a joint congressional committee known as
the Joint Committee on Taxation (hereinafter in this
subtitle referred to as the ``Joint Committee''). (Aug. 16,
1954, ch. 736, 68A Stat. 925; Oct. 4, 1976, Pub. L. 94-455,
Sec. 1907(a)(1), 90 Stat. 1835.)
476.1 Sec. 8002. Membership.
476.2 (a) Number and selection.
The Joint Committee shall be composed of 10 members as
follows:
(1) From Committee on Finance.--Five members who are
members of the Committee on Finance of the Senate, three
from the majority and two from the minority party, to be
chosen by such Committee; and
(2) From Committee on Ways and Means.--Five members who
are members of the Committee on Ways and Means of the House
of Representatives, three from the majority and two from the
minority party, to be chosen by such Committee.
476.3 (b) Tenure of office.
(1) General limitation.--No person shall continue to
serve as a member of the Joint Committee after he has ceased
to be a member of the committee by which he was chosen,
except that--
(2) Exception.--The members chosen by the Committee on
Ways and Means who have been reelected to the House of
Representatives may continue to serve as members of the
Joint Committee notwithstanding the expiration of the
Congress.
476.4 (c) Vacancies.
A vacancy in the Joint Committee--
(1) Effect.--Shall not affect the power of
the remaining members to execute the functions
of the Joint Committee; and
(2) Manner of filling.--Shall be filled in
the same manner as the original selection,
except that--
(A) Adjournment or recess of Congress.--
In case of a vacancy during an adjournment
or recess of Congress for a period of more
than 2 weeks, the members of the Joint
Committee who are members of the Committee
entitled to fill such vacancy may designate
a member of such Committee to serve until
his successor is chosen by such Committee;
and
(B) Expiration of Congress.--In the case
of a vacancy after the expiration of a
Congress which would be filled by the
Committee on Ways and Means, the members of
such Committee who are continuing to serve
as members of the Joint Committee may
designate a person who, immediately prior to
such expiration, was a member of such
Committee and who is reelected to the House
of Representatives, to serve until his
successor is chosen by such Committee.
476.5 (d) Allowances.
The members shall serve without compensation in addition
to that received for their services as members of Congress;
but they shall be reimbursed for travel, subsistence, and
other necessary expenses incurred by them in the performance
of the duties vested in the Joint Committee, other than
expenses in connection with meetings of the Joint Committee
held in the District of Columbia during such times as the
Congress is in session. (Aug. 16, 1954, ch. 736, 68A Stat.
925.)
476.6 Sec. 8003. Election of chairman and vice chairman.
The Joint Committee shall elect a chairman and vice
chairman from among its members. (Aug. 16, 1954, ch. 736,
68A Stat. 926.)
476.7 Sec. 8004. Appointment and compensation of staff.
Except as otherwise provided by law, the Joint Committee
shall have power to appoint and fix the compensation of the
Chief of Staff of the Joint Committee and such experts and
clerical, stenographic, and other assistants as it deems
advisable. (Aug. 16, 1954, ch. 736, 68A Stat. 926; Oct. 4,
1976, Pub. L. 94-455, Sec. 1907(a)(2), 90 Stat. 1835.)
476.8 Sec. 8005. Payment of expenses.
The expenses of the Joint Committee shall be paid one-
half from the contingent fund of the Senate and one-half
from the contingent fund of the House of Representatives,
upon vouchers signed by the chairman or the vice chairman.
(Aug. 16, 1954, ch. 736, 68A Stat. 926.)
Chapter 92.--POWERS AND DUTIES OF THE JOINT COMMITTEE
477 Sec. 8021. Powers.
477.1 (a) To obtain data and inspect income returns.
For powers of the Joint Committee to obtain
and inspect income returns, see section 6103(f).
477.2 (b) Relating to hearings and sessions.
The Joint Committee, or any subcommittee thereof, is
authorized--
(1) To hold.--To hold hearings and to sit
and act at such places and times;
(2) To require attendance of witnesses and
production of books.--To require by subpoena (to
be issued under the signature of the chairman or
vice chairman) or otherwise the attendance of
such witnesses and the production of such books,
papers, and documents;
(3) To administer oaths.--To administer such
oaths; and
(4) To take testimony.--To take such
testimony;
as it deems advisable.
477.3 (c) To procure printing and binding.
The Joint Committee, or any subcommittee thereof, is
authorized to have such printing and binding done as it
deems advisable.
477.4 (d) To make expenditures.
The Joint Committee, or any subcommittee thereof, is
authorized to make such expenditures as it deems advisable.
(e) Investigations.--
The Joint Committee shall review all requests (other
than requests by the chairman or ranking member of a
committee or subcommittee) for investigations of the
Internal Revenue Service by the General Accounting Office,
and approve such requests when appropriate, with a view
towards eliminating overlapping investigations, ensuring
that the General Accounting Office has the capacity to
handle the investigation, and ensuring that investigations
focus on areas of primary importance to tax administration.
(f) Relating to Joint Reviews.
(1) In general.--The Chief of Staff, and the
staff of the Joint Committee, shall provide such
assistance as is required for joint reviews
described in paragraph (2).
(2) Joint reviews.--Before June 1 of each
calendar year after 1998 and before 2004, there
shall be a joint review of the strategic plans
and budget for the Internal Revenue Service and
such other matters as the Chairman of the Joint
Committee deems appropriate. Such joint review
shall be held at the call of the Chairman of the
Joint Committee and shall include two members of
the majority and one member of the minority from
each of the Committees on Finance,
Appropriations, and Governmental Affairs of the
Senate, and the Committees on Ways and Means,
Appropriations, and Government Reform and
Oversight of the House of Representatives.
(Aug. 16, 1954, ch. 736, 68A Stat. 927; Oct. 4, 1976, Pub.
L. 94-455, Sec. 1907(a)(3), 90 Stat. 1835; Nov. 10, 1988,
Pub. L. 100-647, Sec. 1018(s)(1), 102 Stat. 3586; July 22,
1998, Pub. L. 105-206, Sec. 4001(a), 112 Stat. 783.)
477.5 Sec. 8022. Duties.
It shall be the duty of the Joint Committee--
477.6 (1) Investigation.--
(A) Operation and effects of law.--To
investigate the operation and effects of the
Federal system of internal revenue taxes;
(B) Administration.--To investigate the
administration of such taxes by the Internal
Revenue Service or any executive department,
establishment, or agency charged with their
administration; and
(C) Other investigations.--To make such
other investigations in respect of such system
of taxes as the Joint Committee may deem
necessary.
477.7 (2) Simplification of law.--
(A) Investigation of methods.--To
investigate measures and methods for the
simplification of such taxes, particularly the
income tax; and
(B) Publication of proposals.--To publish,
from time to time, for public examination and
analysis, proposed measures and methods for the
simplification of such taxes.
477.8 (3) Reports.--
(A) To report, from time to time, to the
Committee on Finance and the Committee on Ways
and Means, and, in its discretion, to the Senate
or House of Representatives, or both, the
results of its investigations, together with
such recommendations as it may deem advisable.
(B) Subject to amounts specifically
appropriated to carry out this subparagraph, to
report, at least once each Congress, to the
Committee on Finance and the Committee on Ways
and Means on the overall state of the Federal
tax system, together with recommendations with
respect to possible simplification proposals and
other matters relating to the administration of
the Federal tax system as it may deem advisable.
(C) To report, for each calendar year after
1998 and before 2004, to the Committees on
Finance, Appropriations, and Governmental
Affairs of the Senate, and to the Committees on
Ways and Means, Appropriations, and Government
Reform and Oversight of the House of
Representatives, with respect to--
(i) strategic and business plans for the
Internal Revenue Service;
(ii) progress of the Internal Revenue
Service in meeting its objectives;
(iii) the budget for the Internal
Revenue Service and whether it supports its
objectives;
(iv) progress of the Internal Revenue
Service in improving taxpayer service and
compliance;
(v) progress of the Internal Revenue
Service on technology modernization; and
(vi) the annual filing season.
477.9 (4) Cross reference.--
For duties of the Joint Committee relating
to refunds of income and estate taxes, see
section 6405. (Aug. 16, 1954, ch. 736, 68A Stat.
927; July 22, 1998, Pub. L. 105-206,
Sec. 4002(a), 112 Stat. 784.)
478 Sec. 8023. Additional powers to obtain data.
478.1 (a) Securing of data.
The Joint Committee or the Chief of Staff of the Joint
Committee, upon approval of the Chairman or Vice Chairman,
is authorized to secure directly from the Internal Revenue
Service or the office of the Chief Counsel for the Internal
Revenue Service, or directly from any executive department,
board, bureau, agency, independent establishment, or
instrumentality of the Government, information, suggestions,
rulings, data, estimates, and statistics, for the purpose of
making investigations, reports, and studies relating to
internal revenue taxation. In the investigation by the Joint
Committee on Taxation of the administration of the internal
revenue taxes by the Internal Revenue Service, the Chief of
Staff of the Joint Committee on Taxation is authorized to
secure directly from the Internal Revenue Service such tax
returns, or copies of tax returns, and other relevant
information, as the Chief of Staff deems necessary for such
investigation, and the Internal Revenue Service is
authorized and directed to furnish such tax returns and
information to the Chief of Staff together with a brief
report, with respect to each return, as to any action taken
or proposed to be taken by the Service as a result of any
audit of the return.
478.2 (b) Furnishing of data.
The Internal Revenue Service, the office of the Chief
Counsel for the Internal Revenue Service, executive
departments, boards, bureaus, agencies, independent
establishments, and instrumentalities are authorized and
directed to furnish such information, suggestions, rulings,
data, estimates, and statistics directly to the Joint
Committee or to the Chief of Staff of the Joint Committee,
upon request made pursuant to this section.
478.3 (c) Application of subsections (a) and (b).
Subsections (a) and (b) shall be applied in accordance
with their provisions without regard to any reorganization
plan becoming effective on, before, or after the date of the
enactment of this subsection. (Aug. 16, 1954, ch. 736, 68A
Stat. 928; Sept. 22, 1959, Pub. L. 86-368, Sec. 2(b), 73
Stat. 648; Oct. 4, 1976, Pub. L. 94-455, Sec. Sec. 1210(c),
1907(a)(4), 90 Stat. 1711, 1835.)
* * * * * * *
SUBTITLE H.--FINANCING OF PRESIDENTIAL ELECTION CAMPAIGNS
Chapter 95.--PRESIDENTIAL ELECTION CAMPAIGN FUND
* * * * * * *
478.5 Sec. 9009. Reports to Congress; regulations.
478.6 (a) Reports.
The Commission shall, as soon as practicable after each
presidential election, submit a full report to the Senate
and House of Representatives setting forth--
(1) the qualified campaign expenses (shown
in such detail as the Commission determines
necessary) incurred by the candidates of each
political party and their authorized committees;
(2) the amounts certified by it under
section 9005 for payment to the eligible
candidates for each political party;
(3) the amount of payments, if any, required
from such candidates under section 9007, and the
reasons for each payment required;
(4) the expensees incurred by the national
committee of a major party or minor party with
respect to a presidential nominating convention;
(5) the amounts certified by it under
section 9008(g) for payment to each such
committee; and
(6) the amount of payments, if any, required
from such committees under section 9008(h), and
the reasons for each such payment.
Each report submitted pursuant to this section shall be
printed as a Senate document.
478.7 (b) Regulations, etc.
The Commission is authorized to prescribe such rules and
regulations in accordance with the provisions of subsection
(c), to conduct such examinations and audits (in addition to
the examinations and audits required by section 9007(a)), to
conduct such investigations, and to require the keeping and
submission of such books, records, and information, as it
deems necessary to carry out the functions and duties
imposed on it by this chapter.
478.8 (c) Review of regulations.
(1) The Commission, before prescribing any rule or
regulation under subsection (b), shall transmit a statement
with respect to such rule or regulation to the Senate and to
the House of Representatives, in accordance with the
provisions of this subsection. Such statement shall set
forth the proposed rule or regulation and shall contain a
detailed explanation and justification of such rule or
regulation.
(2) If either such House does not, through appropriate
action, disapprove the proposed rule or regulation set forth
in such statement no later than 30 legislative days after
receipt of such statement, then the Commission may prescribe
such rule or regulation. Whenever a committee of the House
of Representatives reports any resolution relating to any
such rule or regulation, it is at any time thereafter in
order (even though a previous motion to the same effect has
been disagreed to) to move to proceed to the consideration
of the resolution. The motion is highly privileged and is
not debatable. 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. The
Commission may not prescribe any rule or regulation which is
disapproved by either such House under this paragraph.
(3) For purposes of this subsection, the term
``legislative days'' does not include any calendar day on
which both Houses of the Congress are not in session.
(4) For purposes of this subsection, the term ``rule or
regulation'' means a provision or series of interrelated
provisions stating a single separable rule of law. (Dec. 10,
1971, Pub. L. 92-178, Sec. 801, 85 Stat. 569; Oct. 15, 1974,
Pub. L. 93-443, Sec. Sec. 404(c)(12), (13), 406(b), 88 Stat.
1292, 1296; May 11, 1976, Pub. L. 94-283, Sec. 304(a), 90
Stat. 498.)
* * * * * * *
Chapter 96.--PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT
* * * * * * *
478.10 Sec. 9039. Reports to Congress; regulations.
478.11 (a) Reports.
The Commission shall, as soon as practicable after each
matching payment period, submit a full report to the Senate
and House of Representatives setting forth--
(1) the qualified campaign expenses (shown
in such detail as the Commission determines
necessary) incurred by the candidates of each
political party and their authorized committees,
(2) the amounts certified by it under
section 9036 for payment to each eligible
candidate, and
(3) the amount of payments, if any, required
from candidates under section 9038, and the
reasons for each payment required.
Each report submitted pursuant to this section shall be
printed as a Senate document.
478.12 (b) Regulations, etc.
The Commission is authorized to prescribe rules and
regulations in accordance with the provisions of subsection
(c), to conduct examinations and audits (in addition to the
examinations and audits required by section 9038(a)), to
conduct investigations, and to require the keeping and
submission of any books, records, and information, which it
determines to be necessary to carry out its responsibilities
under this chapter.
478.13 (c) Review of regulations.
(1) The Commission, before prescribing any rule or
regulation under subsection (b), shall transmit a statement
with respect to such rule or regulation to the Senate and to
the House of Representatives, in accordance with the
provisions of this subsection. Such statement shall set
forth the proposed rule or regulation and shall contain a
detailed explanation and justification of such rule or
regulation.
(2) If either such House does not, through appropriate
action, disapprove the proposed rule or regulation set forth
in such statement no later than 30 legislative days after
receipt of such statement, then the Commission may prescribe
such rule or regulation. Whenever a committee of the House
of Representatives reports any resolution relating to any
such rule or regulation, it is at any time thereafter in
order (even though a previous motion to the same effect has
been disagreed to) to move to proceed to the consideration
of the resolution. The motion is highly privileged and is
not debatable. 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. The
Commission may not prescribe any rule or regulation which is
disapproved by either such House under this paragraph.
(3) For purposes of this subsection, the term
``legislative days'' does not include any calendar day on
which both Houses of the Congress are not in session.
(4) For purposes of this subsection, the term ``rule or
regulation'' means a provision or series of interrelated
provisions stating a single separable rule of law. (Oct. 15,
1974, Pub. L. 93-443, Sec. 408(c), 88 Stat. 1301; May 11,
1976, Pub. L. 94-283, Sec. 304(b), 90 Stat. 499.)
* * * * * * *
SUBTITLE I.--TRUST FUND CODE
Chapter 98.--TRUST FUND CODE
* * * * * * *
Subchapter B.--General Provisions
* * * * * * *
478.14 Sec. 9602. Management of trust funds.
478.15 (a) Report.
It shall be the duty of the Secretary of the Treasury to
hold each Trust Fund established by subchapter A, and (after
consultation with any other trustees of the Trust Fund) to
report to the Congress each year on the financial condition
and the results of the operations of each such Trust Fund
during the preceding fiscal year and on its expected
condition and operations during the next 5 fiscal years.
Such report shall be printed as a House document of the
session of the Congress to which the report is made. (Dec.
29, 1981, Pub. L. 97-119, Sec. 103(a), 95 Stat. 1638.)
28 u.s.c.--judiciary and judicial procedure
general and permanent laws relating to the senate
TITLE 28.--JUDICIARY AND JUDICIAL PROCEDURE
Chapter 39.--INDEPENDENT COUNSEL
479 NOTE: Chapter expired June 30, 1999.
479.1 Sec. 596. Removal of an independent counsel; termination of
office.
(a) Removal; Report on Removal.--
(1) Grounds for removal.--An independent
counsel appointed under this chapter may be
removed from office, other than by impeachment
and conviction, only by the personal action of
the Attorney General and only for good cause,
physical disability, mental incapacity, or any
other condition that substantially impairs the
performance of such independent counsel's
duties.
(2) Report to division of the court and
congress.--If an independent counsel is removed
from office, the Attorney General shall promptly
submit to the division of the court and the
Committees on the Judiciary of the Senate and
the House of Representatives a report specifying
the facts found and the ultimate grounds for
such removal. The committees shall make
available to the public such report, except that
each committee may, if necessary to protect the
rights of any individual named in the report or
to prevent undue interference with any pending
prosecution, postpone or refrain from publishing
any or all of the report. The division of the
court may release any or all of such report in
accordance with section 594(h)(2).
(3) Judicial review of removal.--An
independent counsel removed from office may
obtain judicial review of the removal in a civil
action commenced in the United States District
Court for the District of Columbia. A member of
the division of the court may not hear or
determine any such civil action or any appeal of
a decision in any such civil action. The
independent counsel may be reinstated or granted
other appropriate relief by order of the court.
(b) Termination of Office.--
(1) Termination by action of independent
counsel.--An office of independent counsel shall
terminate when--
(A) the independent counsel notifies the
Attorney General that the investigation of
all matters within the prosecutorial
jurisdiction of such independent counsel or
accepted by such independent counsel under
section 594(e), and any resulting
prosecutions, have been completed or so
substantially completed that it would be
appropriate for the Department of Justice to
complete such investigations and
prosecutions; and
(B) the independent counsel files a
final report in compliance with section
594(h)(1)(B).
(2) Termination by division of the court.--
The division of the court, either on its own
motion or upon the request of the Attorney
General, may terminate an office of independent
counsel at any time, on the ground that the
investigation of all matters within the
prosecutorial jurisdiction of such independent
counsel or accepted by such independent counsel
under section 594(e), and any resulting
prosecutions, have been completed or so
substantially completed that it would be
appropriate for the Department of Justice to
complete such investigations and prosecutions.
At the same time of such termination, the
independent counsel shall file the final report
required by section 594(h)(1)(B). If the
Attorney General has not made a request under
this paragraph, the division of the court shall
determine on its own motion whether termination
is appropriate under this paragraph no later
than 2 years after the appointment of an
independent counsel, at the end of the
succeeding 2-year period, and thereafter at the
end of each succeeding 1-year period.
(c) Audits.--(1) On or before June 30 of each year, an
independent counsel shall prepare a statement of
expenditures for the 6 months that ended on the immediately
preceding March 31. On or before December 31 of each year,
an independent counsel shall prepare a statement of
expenditures for the fiscal year that ended on the
immediately preceding September 30. An independent counsel
whose office is terminated prior to the end of the fiscal
year shall prepare a statement of expenditures on or before
the date that is 90 days after the date on which the office
is terminated.
(2) The Comptroller General shall--
(A) conduct a financial review of a mid-
year statement and a financial audit of a
year-end statement and statement on
termination; and
(B) report the results to the Committee
on the Judiciary, Committee on Governmental
Affairs, and Committee on Appropriations of
the Senate and the Committee on the
Judiciary, Committee on Government
Operations, and Committee on Appropriations
of the House of Representatives not later
than 90 days following the submission of
each such statement. (Added Oct. 26, 1978,
Pub. L. 95-521, Title VI, Sec. 601(a), 92
Stat. 1872; Jan. 3, 1983, Pub. L. 97-409,
Sec. 2; Dec. 15, 1987, Pub. L. 100-191,
Sec. 2, 101 Stat. 1304; June 30, 1994, Pub.
L. 103-270, 108 Stat. 735.)
Chapter 85.--DISTRICT COURTS; JURISDICTION
479.2 Sec. 1365. Senate actions.
(a) The United States District Court for the District of
Columbia shall have original jurisdiction, without regard to
the amount in controversy, over any civil action brought by
the Senate or any authorized committee or subcommittee of
the Senate to enforce, to secure a declaratory judgment
concerning the validity of, or to prevent a threatened
refusal or failure to comply with, any subpena or order
issued by the Senate or committee or subcommittee of the
Senate to any entity acting or purporting to act under color
or authority of State law or to any natural person to secure
the production of documents or other materials of any kind
or the answering of any deposition or interrogatory or to
secure testimony or any combination thereof. This section
shall not apply to an action to enforce, to secure a
declaratory judgment concerning the validity of, or to
prevent a threatened refusal to comply with, any subpena or
order issued to an officer or employee of the executive
branch of the Federal Government acting within his or her
official capacity, except that this section shall apply if
the refusal to comply is based on the assertion of a
personal privilege or objection and is not based on a
governmental privilege or objection the assertion of which
has been authorized by the executive branch of the Federal
Government.
(b) Upon application by the Senate or any authorized
committee or subcommittee of the Senate, the district court
shall issue an order to an entity or person refusing, or
failing to comply with, or threatening to refuse or not to
comply with, a subpena or order of the Senate or committee
or subcommittee of the Senate requiring such entity or
person to comply forthwith. Any refusal or failure to obey a
lawful order of the district court issued pursuant to this
section may be held by such court to be a contempt thereof.
A contempt proceeding shall be commenced by an order to show
cause before the court why the entity or person refusing or
failing to obey the court order should not be held in
contempt of court. Such contempt proceeding shall be tried
by the court and shall be summary in manner. The purpose of
sanctions imposed as a result of such contempt proceeding
shall be to compel obedience to the order of the court.
Process in any such action or contempt proceeding may be
served in any judicial district wherein the entity or party
refusing, or failing to comply, or threatening to refuse or
not to comply, resides, transacts business, or may be found,
and subpenas for witnesses who are required to attend such
proceeding may run into any other district. Nothing in this
section shall confer upon such court jurisdiction to affect
by injunction or otherwise the issuance or effect of any
subpena or order of the Senate or any committee or
subcommittee of the Senate or to review, modify, suspend,
terminate, or set aside any such subpena or order. An
action, contempt proceeding, or sanction brought or imposed
pursuant to this section shall not abate upon adjournment
sine die by the Senate at the end of a Congress if the
Senate or the committee or subcommittee of the Senate which
issued the subpena or order certifies to the court that it
maintains its interest in securing the documents, answers,
or testimony during such adjournment.
[(c) Repealed. Pub. L. 98-620, Title IV,
Sec. 402(29)(D), Nov. 8, 1984, 98 Stat. 3359]
(d) The Senate or any committee or subcommittee of the
Senate commencing and prosecuting a civil action or contempt
proceeding under this section may be represented in such
action by such attorneys as the Senate may designate.
(e) A civil action commenced or prosecuted under this
section, may not be authorized pursuant to the Standing
Order of the Senate ``authorizing suits by Senate
Committees'' (S. Jour. 572, May 28, 1928).
(f) For the purposes of this section the term
``committee'' includes standing, select, or special
committees of the Senate established by law or resolution.
(Added Pub. L. 95-521, Title VII, Sec. 705(f)(1), Oct. 26,
1978, 92 Stat. 1879, Sec. 1364, and amended Pub. L. 98-620,
Title IV, Sec. 402(29)(D), Nov. 8, 1984, 98 Stat. 3359;
renumbered Sec. 1365, Pub. L. 99-336, Sec. 6(a)(1)(B), June
19, 1986, 100 Stat. 638; Pub. L. 104-292, Sec. 4, Oct. 11,
1996, 110 Stat. 3460.)
Chapter 91.--UNITED STATES COURT OF FEDERAL CLAIMS
479.3 Sec. 1492. Congressional reference cases.
Any bill, except a bill for a pension, may be referred
by either House of Congress to the chief judge of the United
States Court of Federal Claims for a report in conformity
with section 2509 of this title. (June 25, 1948, ch. 646, 62
Stat. 941; Oct. 15, 1966, Pub. L. 89-681, Sec. 1, 80 Stat.
958. April 2, 1982, Pub. L. 97-164, Title I, 133(b), 96
Stat. 40; Oct. 29, 1992, Pub. L. 102-572, Title IX,
Sec. 902(a)(1), 106 Stat. 4516.)
Chapter 115.--EVIDENCE; DOCUMENTARY
480 Sec. 1736. Congressional Journals.
Extracts from the Journals of the Senate and the House
of Representatives, and from the Executive Journal of the
Senate when the injunction of secrecy is removed, certified
by the Secretary of the Senate or the Clerk of the House of
Representatives shall be received in evidence with the same
effect as the originals would have. (June 25, 1948, ch. 646,
Sec. 1, 62 Stat. 947.)
Chapter 131.--RULES OF COURTS
480.3 Sec. 2076. [Repealed] (Pub. L. 100-702, Sec. 401(c), 102
Stat. 4650).
Chapter 165.--UNITED STATES COURT OF FEDERAL CLAIMS
PROCEDURE
480.5 Sec. 2509. Congressional reference cases.
(a) Whenever a bill, except a bill for a pension, is
referred by either House of Congress to the chief judge of
the United States Court of Federal Claims pursuant to
section 1492 of this title, the chief judge shall designate
a judge as hearing officer for the case and a panel of three
judges of the court to serve as a reviewing body. One member
of the review panel shall be designated as presiding officer
of the panel.
(b) Proceedings in a congressional reference case shall
be under rules and regulations prescribed for the purpose by
the chief judge who is hereby authorized and directed to
require the application of the pertinent rules of practice
of the Court of Federal Claims insofar as feasible. Each
hearing officer and each review panel shall have authority
to do and perform any acts which may be necessary or proper
for the efficient performance of their duties, including the
power of subpena and the power to administer oaths and
affirmations. None of the rules, rulings, findings, or
conclusions authorized by this section shall be subject to
judicial review.
(c) The hearing officer to whom a congressional
reference case is assigned by the chief judge shall proceed
in accordance with the applicable rules to determine the
facts, including facts relating to delay or laches, facts
bearing upon the question whether the bar of any statute of
limitation should be removed, or facts claimed to excuse the
claimant for not having resorted to any established legal
remedy. He shall append to his findings of fact conclusions
sufficient to inform Congress whether the demand is a legal
or equitable claim or a gratuity, and the amount, if any,
legally or equitably due from the United States to the
claimant.
(d) The findings and conclusions of the hearing officer
shall be submitted by him, together with the record in the
case, to the review panel for review by it pursuant to such
rules as may be provided for the purpose, which shall
include provision for submitting the report of the hearing
officer to the parties for consideration, exception, and
argument before the panel. The panel, by majority vote,
shall adopt or modify the findings or the conclusions of the
hearing officer.
(e) The panel shall submit its report to the chief judge
for transmission to the appropriate House of Congress.
(f) Any act or failure to act or other conduct by a
party, a witness, or an attorney which would call for the
imposition of sanctions under the rules of practice of the
Court of Federal Claims shall be noted by the panel or the
hearing officer at the time of occurrence thereof and upon
failure of the delinquent or offending party, witness, or
attorney to make prompt compliance with the order of the
panel or the hearing officer a full statement of the
circumstances shall be incorporated in the report of the
panel.
(g) The Court of Federal Claims is hereby authorized and
directed, under such regulations as it may prescribe, to
provide the facilities and services of the office of the
clerk of the court for the filing, processing, hearing, and
dispatch of congressional reference cases and to include
within its annual appropriations the costs thereof and other
costs of administration, including (but without limitation
to the items herein listed) the salaries and traveling
expenses of the judges serving as hearing officers and panel
members, mailing and service of process, necessary physical
facilities, equipment, and supplies, and personnel
(including secretaries and law clerks). (Oct. 15, 1966, Pub.
L. 89-681, Sec. 2, 80 Stat. 958; April 2, 1982, Pub. L. 97-
164, Title I, Sec. 139(h), 96 Stat. 42; Oct. 29, 1992, Pub.
L. 102-572, Title IX, Sec. 902(a), 106 Stat. 4516.)
31 u.s.c.--money and finance
general and permanent laws relating to the senate
TITLE 31.--MONEY AND FINANCE
Chapter 7.--GENERAL ACCOUNTING OFFICE
481 Sec. 701. Definitions.
In this chapter--
(1) ``agency'' includes the District of
Columbia government but does not include the
legislative branch or the Supreme Court.
(2) ``appropriations'' means appropriated
amounts and includes, in appropriate context--
(A) funds;
(B) authority to make obligations by
contract before appropriations; and
(C) other authority making amounts
available for obligation or expenditure.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat.
887.)
481.1 Sec. 712. Investigating the use of public money.
The Comptroller General shall--
(1) investigate all matters related to the
receipt, disbursement, and use of public money;
(2) estimate the cost to the United States
Government of complying with each restriction on
expenditures of a specific appropriation in a
general appropriation law and report each
estimate to Congress with recommendations the
Comptroller General considers desirable;
(3) analyze expenditures of each executive
agency the Comptroller General believes will
help Congress decide whether public money has
been used and expended economically and
efficiently;
(4) make an investigation and report ordered
by either House of Congress or a committee of
Congress having jurisdiction over revenue,
appropriations, or expenditures; and
(5) give a committee of Congress having
jurisdiction over revenue, appropriations, or
expenditures, the help and information the
committee requests. (Pub. L. 97-258, Sept. 13,
1982, 96 Stat. 889.)
481.2 Sec. 717. Evaluating programs and activities of the United
States Government.
(a) In this section, ``agency'' means a department,
agency, or instrumentality of the United States Government
(except a mixed-ownership Government corporation) or the
District of Columbia government.
(b) The Comptroller General shall evaluate the results
of a program or activity the Government carries out under
existing law--
(1) on the initiative of the Comptroller
General;
(2) when either House of Congress orders an
evaluation; or
(3) when a committee of Congress with
jurisdiction over the program or activity
requests the evaluation.
(c) The Comptroller General shall develop and recommend
to Congress ways to evaluate a program or activity the
Government carries out under existing law.
(d)(1) On request of a committee of Congress, the
Comptroller General shall help the committee to--
(A) develop a statement of legislative goals
and ways to assess and report program
performance related to the goals, including
recommended ways to assess performance,
information to be reported, responsibility for
reporting, frequency of reports and feasibility
of pilot testing; and
(B) assess program evaluations prepared by
and for an agency.
(2) On request of a member of Congress, the Comptroller
General shall give the member a copy of the material the
Comptroller General compiles in carrying out this subsection
that has been released by the committee for which the
material was compiled. (Pub. L. 97-258, Sept. 13, 1982, 96
Stat. 893.)
481.3 Sec. 718. Availability of draft reports.
(a) A draft report of an audit under section 714 of this
title shall be submitted to the Financial Institutions
Examination Council, the Federal Reserve Board, the Federal
Deposit Insurance Corporation, or the Office of the
Comptroller of the Currency for comment for 30 days.
(b)(1) The Comptroller General may submit a part of a
draft report to an agency for comment for more than 30 days
only if the Comptroller General decides, after a showing by
the agency, that a longer period is necessary and likely to
result in a more accurate report. The report may not be
delayed because the agency does not comment within the
comment period.
(2) When a draft report is submitted to an agency for
comment, the Comptroller General shall make the draft report
available on request to--
(A) either House of Congress, a committee of
Congress, or a member of Congress if the report
was begun because of a request of the House,
committee, or member; or
(B) the Committee on Governmental Affairs of
the Senate and the Committee on Government
Operations of the House of Representatives if
the report was not begun because of a request of
either House of Congress, a committee of
Congress, or a member of Congress.
(3) This subsection is subject to statutory and
executive order guidelines for handling and storing
classified information and material.
(c) A final report of the Comptroller General shall
include--
(1) a statement of significant changes of a
finding, conclusion, or recommendation in an
earlier draft report because of comments on the
draft by an agency;
(2) a statement of the reasons the changes
were made; and
(3) for a draft report submitted under
subsection (a) of this section, written comments
of the agency submitted during the comment
period. (Pub. L. 97-258, Sept. 13, 1982, 96
Stat. 894.)
481.4 Sec. 719. Comptroller General reports.
(a) At the beginning of each regular session of
Congress, the Comptroller General shall report to Congress
(and to the President when requested by the President) on
the work of the Comptroller General. A report shall include
recommendations on--
(1) legislation the Comptroller General
considers necessary to make easier the prompt
and accurate making and settlement of accounts;
and
(2) other matters related to the receipt,
disbursement, and use of public money the
Comptroller General considers advisable.
(b)(1) the Comptroller General shall include in the
report to Congress under subsection (a) of this section--
(A) a review of activities under sections
717 (b)-(d) and 731(e)(2) of this title,
including recommendations under section 717(c)
of this title;
(B) information on carrying out duties and
powers of the Comptroller General under clauses
(A) and (C) of this paragraph, subsections (g)
and (h) of this section, and sections 717,
731(e)(2), 734, 1112, and 1113 of this title;
and
(C) the name of each officer and employee of
the General Accounting Office assigned or
detailed to a committee of Congress, the
committee to which the officer or employee is
assigned or detailed, the length of the period
of assignment or detail, a statement on whether
the assignment or detail is finished or
continuing, and compensation paid out of
appropriations available to the Comptroller
General for the period of the assignment or
detail that has been completed.
(2) In a report under subsection (a) of this section or
in a special report to Congress when Congress is in session,
the Comptroller General shall include recommendations on
greater economy and efficiency in public expenditures.
(3) The report under subsection (a) shall also include a
statement of the staff hours and estimated cost of work
performed on audits, evaluations, investigations, and
related work during each of the three fiscal years preceding
the fiscal year in which the report is submitted, stated
separately for each division of the General Accounting
Office by category as follows:
(A) A category for work requested by the
chairman of a committee of Congress, the
chairman of a subcommittee of such a committee,
or any other Member of Congress.
(B) A category for work required by law to
be performed by the Comptroller General.
(C) A category for work initiated by the
Comptroller General in the performance of the
Comptroller General's general responsibilities.
(c) The Comptroller General shall report to Congress--
(1) specially on expenditures and contracts
an agency makes in violation of law;
(2) on the adequacy and effectiveness of--
(A) administrative audits of accounts
and claims in an agency; and
(B) inspections by an agency of offices
and accounts of fiscal officials; and
(3) as frequently as practicable on audits
carried out under sections 713 and 714 of this
title.
(d) The Comptroller General shall report on analyses
carried out under section 712(3) of this title to the
Committees on Governmental Affairs and Appropriations of the
Senate, the Committees on Government Operations and
Appropriations of the House, and the committees with
jurisdiction over legislation related to the operation of
each executive agency.
(e) The Comptroller General shall give the President
information on expenditures and accounting the President
requests.
(f) When the Comptroller General submits a report to
Congress, the Comptroller General shall deliver copies of
the report to--
(1) the Committees on Governmental Affairs
and Appropriations of the Senate;
(2) the Committees on Government Operations
and Appropriations of the House;
(3) a committee of Congress that requested
information on any part of a program or activity
of a department, agency, or instrumentality of
the United States Government (except a mixed-
ownership Government corporation) or the
District of Columbia government that is the
subject of any part of a report; and
(4) any other committee of Congress
requesting a copy.
(g)(1) The Comptroller General shall prepare--
(A) each month a list of reports issued
during the prior month; and
(B) at least once each year a list of
reports issued during the prior 12 months.
(2) A copy of each list shall be sent to each committee
of Congress and each member of Congress. On request, the
Comptroller General promptly shall provide a copy of a
report to a committee or member.
(h) On request of a committee of Congress, the
Comptroller General shall explain to and discuss with the
committee or committee staff a report the Comptroller
General makes that would help the committee--
(1) evaluate a program or activity of an
agency within the jurisdiction of the committee;
or
(2) in its consideration of proposed
legislation.
[(i) Redesignated (h)]
(As amended Pub. L. 104-316, Title I, Sec. 115(b), Oct. 19,
1996, 110 Stat. 3834; Pub. L. 105-85, Div. A, Title X,
Sec. 1044, Nov. 18, 1997, 111 Stat. 1887.)
481.5 Sec. 720. Agency reports.
(a) In this section, ``agency'' means a department,
agency, or instrumentality of the United States Government
(except a mixed-ownership Government corporation) or the
District of Columbia government.
(b) When the Comptroller General makes a report that
includes a recommendation to the head of an agency, the head
of the agency shall submit a written statement on action
taken on the recommendation by the head of the agency. The
statement shall be submitted to--
(1) The Committee on Governmental Affairs of
the Senate and the Committee on Government
Operations of the House of Representatives
before the 61st day after the date of the
report; and
(2) The Committees on Appropriations of both
Houses of Congress in the first request for
appropriations submitted more than 60 days after
the date of the report. (Pub. L. 97-258, Sept.
13, 1982, 96 Stat. 896.)
481.6 Sec. 734. Assignments and details to Congress.
The Comptroller General may assign or detail an officer
or employee of the General Accounting Office to full-time
continuous duty with a committee of Congress for not more
than one year. (Pub. L. 97-258, Sept. 13, 1982, 96 Stat.
899; Pub. L. 98-367, Title I, Sec. 8, July 17, 1984, 98
Stat. 475.)
Chapter 11.--THE BUDGET AND FISCAL, BUDGET, AND PROGRAM
INFORMATION
482 Sec. 1101. Definitions.
In this chapter--
(1) ``agency'' includes the District of
Columbia government but does not include the
legislative branch or the Supreme Court.
(2) ``appropriations'' means appropriated
amounts and includes, in appropriate context--
(A) funds;
(B) authority to make obligations by
contract before appropriations; and
(C) other authority making amounts
available for obligation or expenditure.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat.
907.)
482.1 Sec. 1102. Fiscal year.
The fiscal year of the Treasury begins on October 1 of
each year and ends on September 30 of the following year.
Accounts of receipts and expenditures required under law to
be published each year shall be published for the fiscal
year. (Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 908.)
483 Sec. 1103. Budget ceiling.
Congress reaffirms its commitment that budget outlays of
the United States Government for a fiscal year may be not
more than the receipts of the Government for that year.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 908.)
483.1 Sec. 1104. Budget and appropriations authority of the
President.
(a) The President shall prepare budgets of the United
States Government under section 1105 of this title and
proposed deficiency and supplemental appropriations under
section 1107 of this title. To the extent practicable, the
President shall use uniform terms in stating the purposes
and conditions of appropriations.
(b) Except as provided in this chapter, the President
shall prescribe the contents and order of statements in the
budget on expenditures and estimated expenditures and
statements on proposed appropriations and information
submitted with the budget and proposed appropriations. The
President shall include with the budget and proposed
appropriations information on personnel and other objects of
expenditure in the way that information was included in the
budget for fiscal year 1950. However, the requirement that
information be included in the budget in that way may be
waived or changed by joint action of the Committees on
Appropriations of both Houses of Congress. This subsection
does not limit the authority of a committee of Congress to
request information in a form it prescribes.
(c) When the President makes a basic change in the form
of the budget, the President shall submit with the budget
information showing where items in the budget for the prior
fiscal year are contained in the present budget. However,
the President may change the functional categories in the
budget only in consultation with the Committees on
Appropriations and on the Budget of both Houses of Congress.
Committees of the House of Representatives and Senate shall
receive prompt notification of all such changes.
(d) The President shall develop programs and prescribe
regulations to improve the compilation, analysis,
publication, and dissemination of statistical information by
executive agencies. The President shall carry out this
subsection through the Administrator for the Office of
Information and Regulatory Affairs in the Office of
Management and Budget.
(e) Under regulations prescribed by the President, each
agency shall provide information required by the President
in carrying out this chapter. The President has access to,
and may inspect, records of an agency to obtain information.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 908; Pub. L. 99-
177, Dec. 12, 1985, 99 Stat. 1060.)
484 Sec. 1105. Budget contents and submission to Congress.
(a) On or after the first Monday in January but not
later than the first Monday in February of each year, the
President shall submit a budget of the United States
Government for the following fiscal year. Each budget shall
include a budget message and summary and supporting
information. The President shall include in each budget the
following:
(1) information on activities and functions
of the Government.
(2) when practicable, information on costs
and achievements of Government programs.
(3) other desirable classifications of
information.
(4) a reconciliation of the summary
information on expenditures with proposed
appropriations.
(5) except as provided in subsection (b) of
this section, estimated expenditures and
proposed appropriations the President decides
are necessary to support the Government in the
fiscal year for which the budget is submitted
and the 4 fiscal years after that year.
(6) estimated receipts of the Government in
the fiscal year for which the budget is
submitted and the 4 fiscal years after that year
under--
(A) laws in effect when the budget is
submitted; and
(B) proposals in the budget to increase
revenues.
(7) appropriations, expenditures, and
receipts of the Government in the prior fiscal
year.
(8) estimated expenditures and receipts, and
appropriations and proposed appropriations, of
the Government for the current fiscal year.
(9) balanced statement of the--
(A) condition of the Treasury at the end
of the prior fiscal year;
(B) estimated condition of the Treasury
at the end of the current fiscal year; and
(C) estimated condition of the Treasury
at the end of the fiscal year for which the
budget is submitted if financial proposals
in the budget are adopted.
(10) essential information about the debt of
the Government.
(11) other financial information the
President decides is desirable to explain in
practicable detail the financial condition of
the Government.
(12) for each proposal in the budget for
legislation that would establish or expand a
Government activity or function, a table
showing--
(A) the amount proposed in the budget
for appropriation and for expenditure
because of the proposal in the fiscal year
for which the budget is submitted; and
(B) the estimated appropriation required
because of the proposal for each of the 4
fiscal years after that year that the
proposal will be in effect.
(13) an allowance for additional estimated
expenditures and proposed appropriations for the
fiscal year for which the budget is submitted.
(14) an allowance for unanticipated
uncontrollable expenditures for that year.
(15) a separate statement on each of the
items referred to in section 301(a) (1)-(5) of
the Congressional Budget Act of 1974 (2 U.S.C.
632(a) (1)-(5)).
(16) the level of tax expenditures under
existing law in the tax expenditures budget (as
defined in section 3(a)(3) of the Congressional
Budget Act of 1974 (2 U.S.C. 622(a)(3)) for the
fiscal year for which the budget is submitted,
considering projected economic factors and
changes in the existing levels based on
proposals in the budget.
(17) information on estimates of
appropriations for the fiscal year following the
fiscal year for which the budget is submitted
for grants, contracts, and other payments under
each program for which there is an authorization
of appropriations for that following fiscal year
when the appropriations are authorized to be
included in an appropriation law for the fiscal
year before the fiscal year in which the
appropriation is to be available for obligation.
(18) a comparison of the total amount of
budget outlays for the prior fiscal year,
estimated in the budget submitted for that year,
for each major program having relatively
uncontrollable outlays with the total amount of
outlays for that program in that year.
(19) a comparison of the total amount of
receipts for the prior fiscal year, estimated in
the budget submitted for that year, with
receipts received in that year, and for each
major source of receipts, a comparison of the
amount of receipts estimated in that budget with
the amount of receipts from that source in that
year.
(20) an analysis and explanation of the
differences between each amount compared under
clauses (18) and (19) of this subsection.
(21) a horizontal budget showing--
(A) the program for meteorology and the
National Climate Program established under
section 5 of the National Climate Program
Act (15 U.S.C. 2904);
(B) specific aspects of the program of,
and appropriations for, each agency; and
(C) estimated goals and financial
requirements.
(22) a statement of budget authority,
proposed budget authority, budget outlays, and
proposed budget outlays, and descriptive
information in terms of--
(A) a detailed structure of national
needs that refers to the missions and
programs of agencies (as defined in section
101 of this title); and
(B) the missions and basic programs.
(23) separate appropriation accounts for
appropriations under the Occupational Safety and
Health Act of 1970 (29 U.S.C. 651 et seq.) and
the Federal Mine Safety and Health Act of 1977
(30 U.S.C. 801 et seq.).
(24) recommendations on the return of
Government capital to the Treasury by a mixed-
ownership corporation (as defined in section
9101 (2) of this title) that the President
decides are desirable.
(25) a separate appropriation account for
appropriations for each Office of Inspector
General of an establishment defined under
section 11(2) of the Inspector General Act of
1978.
(26) a separate statement of the amount of
appropriations requested for the Office of
National Drug Control Policy and each program of
the National Drug Control Program.
(27) a separate statement of the amount of
appropriations requested for the Office of
Federal Financial Management.
(28) beginning with fiscal year 1999, a
Federal Government performance plan for the
overall budget as provided for under section
1115.
(29) information about the Violent Crime
Reduction Trust Fund, including a separate
statement of amounts in that Trust Fund.
(30) an analysis displaying, by agency,
proposed reductions in full-time equivalent
positions compared to the current year's level
in order to comply with section 5 of the Federal
Workforce Restructuring Act of 1994.
(31) a separate statement of the amount of
appropriations requested for the Chief Financial
Officer in the Executive Office of the
President.
(32) a statement of the levels of budget
authority and outlays for each program assumed
to be extended in the baseline as provided in
section 257(b)(2)(A) and for excise taxes
assumed to be extended under section
257(b)(2)(C) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
(b) Estimated expenditures and proposed appropriations
for the legislative branch and the judicial branch to be
included in each budget under subsection (a)(5) of this
section shall be submitted to the President before October
16 of each year and included in the budget by the President
without change.
(c) The President shall recommend in the budget
appropriate action to meet an estimated deficiency when the
estimated receipts for the fiscal year for which the budget
is submitted (under laws in effect when the budget is
submitted) and the estimated amounts in the Treasury at the
end of the current fiscal year available for expenditure in
the fiscal year for which the budget is submitted, are less
than the estimated expenditures for that year. The President
shall make recommendations required by the public interest
when the estimated receipts and estimated amounts in the
Treasury are more than the estimated expenditures.
(d) When the President submits a budget or supporting
information about a budget, the President shall include a
statement on all changes about the current fiscal year that
were made before the budget or information was submitted.
(e)(1) The President shall submit with materials related
to each budget transmitted under subsection (a) on or after
January 1, 1985, an analysis for the ensuing fiscal year
that shall identify requested appropriations or new
obligational authority and outlays for each major program
that may be classified as a public civilian capital
investment program and for each major program that may be
classified as a military capital investment program, and
shall contain summaries of the total amount of such
appropriations or new obligational authority and outlays for
public civilian capital investment programs and summaries of
the total amount of such appropriations or new obligational
authority and outlays for military capital investment
programs. In addition, the analysis under this paragraph
shall contain--
(A) an estimate of the current service
levels of public civilian capital investment and
of military capital investment and alternative
high and low levels of such investments over a
period of ten years in current dollars and over
a period of five years in constant dollars;
(B) the most recent assessment analysis and
summary, in a standard format, of public
civilian capital investment needs in each major
program area over a period of ten years;
(C) an identification and analysis of the
principal policy issues that effect estimated
public civilian capital investment needs for
each major program; and
(D) an identification and analysis of
factors that affect estimated public civilian
capital investment needs for each major program,
including but not limited to the following
factors:
(i) economic assumptions;
(ii) engineering standards;
(iii) estimates of spending for
operation and maintenance;
(iv) estimates of expenditures for
similar investments by State and local
governments; and
(v) estimates of demand for public
services derived from such capital
investments and estimates of the service
capacity of such investments.
To the extent that any analysis required
by this paragraph relates to any program for
which Federal financial assistance is
distributed under a formula prescribed by
law, such analysis shall be organized by
State and within each State by major
metropolitan area if data are available.
(2) For purposes of this subsection, any appropriation,
new obligational authority, or outlay shall be classified as
a public civilian capital investment to the extent that such
appropriation, authority, or outlay will be used for the
construction, acquisition, or rehabilitation of any physical
asset that is capable of being used to produce services or
other benefits for a number of years and is not classified
as a military capital investment under paragraph (3). Such
assets shall include (but not be limited to)--
(A) roadways or bridges,
(B) airports or airway facilities,
(C) mass transportation systems,
(D) wastewater treatment or related
facilities,
(E) water resources projects,
(F) hospitals,
(G) resource recovery facilities,
(H) public buildings,
(I) space or communications facilities,
(J) railroads, and
(K) federally assisted housing.
(3) For purposes of this subsection, any appropriation,
new obligational authority, or outlay shall be classified as
a military capital investment to the extent that such
appropriation authority, or outlay will be used for the
construction, acquisition, or rehabilitation of any physical
asset that is capable of being used to produce services or
other benefits for purposes of national defense and security
for a number of years. Such assets shall include military
bases, posts, installations, and facilities.
(4) Criteria and guidelines for use in the
identification of public civilian and military capital
investments, for distinguishing between public civilian and
military capital investments, and for distinguishing between
major and nonmajor capital investment programs shall be
issued by the Director of the Office of Management and
Budget after consultation with the Comptroller General and
the Congressional Budget Office. The analysis under the
subsection shall be accompanied by an explanation of such
criteria and guidelines.
(5) For purposes of this subsection--
(A) the term ``construction'' includes the
design, planning, and erection of new structures
and facilities, the expansion of existing
structures and facilities, the reconstruction of
a project at an existing site or adjacent to an
existing site, and the installation of initial
and replacement equipment for such structures
and facilities;
(B) the term ``acquisition'' includes the
addition of land, sites, equipment, structures,
facilities, or rolling stock by purchase, lease-
purchase, trade, or donation; and
(C) the term ``rehabilitation'' includes the
alteration of or correction of deficiencies in
an existing structure or facility so as to
extend the useful life or improve the
effectiveness of the structure or facility, the
modernization or replacement of equipment at an
existing structure or facility, the
modernization or and the modernization of, or
replacement of parts for, rolling stock.
(f) The budget transmitted pursuant to subsection (a)
for a fiscal year shall be prepared in a manner consistent
with the requirements of the Balanced Budget and Emergency
Deficit Control Act of 1985 that apply to that and
subsequent fiscal years.
(g)(1) The Director of the Office of Management and
Budget shall establish the funding for advisory and
assistance services for each department and agency as a
separate object class in each budget annually submitted to
the Congress under this section.
(2)(A) In paragraph (1), except as provided in
subparagraph (B), the term ``advisory and assistance
services'' means the following services when provided by
nongovernmental sources:
(i) Management and professional support
services.
(ii) Studies, analyses, and evaluations.
(iii) Engineering and technical services.
(B) In paragraph (1), the term ``advisory and assistance
services'' does not include the following services:
(i) Routine automated data processing and
telecommunications services unless such services
are an integral part of a contract for the
procurement of advisory and assistance services.
(ii) Architectural and engineering services,
as defined in section 901 of the Brooks
Architect-Engineers Act (40 U.S.C. 541).
(iii) Research on basic mathematics or
medical, biological, physical, social,
psychological, or other phenomena.
(As amended Pub. L. 98-501, Title II, Sec. 203, Oct. 19,
1984, 98 Stat. 2324; Pub. L. 99-177, Title II, Sec. 241,
Dec. 12, 1985, 99 Stat. 1063; Pub. L. 100-119, Title I,
Sec. 106(f), Sept. 29, 1987, 101 Stat. 781; Pub. L. 100-418,
Title V, Sec. 5301, Aug. 23, 1988, 102 Stat. 1462; Pub. L.
100-504, Title I, Sec. 108, Oct. 18, 1988, 102 Stat. 2529;
Pub. L. 100-690, Title I, Sec. Sec. 1006, 1009, Nov. 18,
1988, 102 Stat. 4187, 4188; Pub. L. 101-508, Title XIII,
Sec. 13112(c), Nov. 5, 1990, 104 Stat. 1388-608; Pub. L.
101-576, Title II, Sec. 203(b), Nov. 15, 1990, 104 Stat.
2841; Pub. L. 103-62, Sec. 4(a), Aug. 3, 1993, 107 Stat.
286; Pub. L. 103-272, Sec. 4(f)(1)(E), July 5, 1994, 108
Stat. 1362; Pub. L. 103-322, Title IX, Sec. 90208(a), Title
XXXI, Sec. 310001(e), Sept. 13, 1994, 108 Stat. 1995, 2103;
Pub. L. 103-355, Title II, Sec. 2454(a), Oct. 13, 1994, 108
Stat. 3326; Pub. L. 104-287, Sec. 4(l), Oct. 11, 1996, 110
Stat. 3388; Pub. L. 105-33, Title X, Sec. 10209(b), Aug. 5,
1997, 111 Stat. 711; Pub. L. 105-277, Div. C, Title VII,
Sec. 713(c), Oct. 21, 1998, 112 Stat. 2681-693.)
484.1 Sec. 1106. Supplemental budget estimates and changes.
(a) Before July 16 of each year, the President shall
submit to Congress a supplemental summary of the budget for
the fiscal year for which the budget is submitted under
section 1105(a) of this title. The summary shall include--
(1) for that fiscal year--
(A) substantial changes in or
reappraisals of estimates of expenditures
and receipts;
(B) substantial obligations imposed on
the budget after its submission;
(C) current information on matters
referred to in section 1105(a) (8) and (9)
(B) and (C) of this title; and
(D) additional information the President
decides is advisable to provide Congress
with complete and current information about
the budget and current estimates of the
functions, obligations, requirements, and
financial condition of the United States
Government.
(2) for the 4 fiscal years following the
fiscal year for which the budget is submitted,
information on estimated expenditures for
programs authorized to continue in future years,
or that are considered mandatory, under law; and
(3) for future fiscal years, information on
estimated expenditures of balances carried over
from the fiscal year for which the budget is
submitted.
(b) Before July 16 of each year, the President shall
submit to Congress a statement of changes in budget
authority requested, estimated budget outlays, and estimated
receipts for the fiscal year for which the budget is
submitted (including prior changes proposed for the
executive branch of the Government) that the President
decides are necessary and appropriate based on current
information. The statement shall include the effect of those
changes on the information submitted under section
1105(a)(1)-(14) and (b) of this title and shall include
supporting information as practicable. The statement
submitted before July 16 may be included in the information
submitted under subsection (a)(1) of this section.
(c) Subsection (f) of section 1105 shall apply to
revisions and supplemental summaries submitted under this
section to the same extent that such subsection applies to
the budget submitted under section 1105(a) to which such
revisions and summaries relate. (Pub. L. 97-258, Sept. 13,
1982, 96 Stat. 911; Pub. L. 99-77 Title II, Sec. 242, Dec.
12, 1985, Stat. 1063.)
485 Sec. 1107. Deficiency and supplemental appropriations.
The President may submit to Congress proposed deficiency
and supplemental appropriations the President decides are
necessary because of laws enacted after the submission of
the budget or that are in the public interest. The President
shall include the reasons for the submission of the proposed
appropriations and the reasons the proposed appropriations
were not included in the budget. When the total proposed
appropriations would have required the President to make a
recommendation under section 1105(c) of this title if they
had been included in the budget, the President shall make a
recommendation under that section. (Pub. L. 97-258, Sept.
13, 1982, 96 Stat. 911.)
485.1 Sec. 1108. Preparation and submission of appropriations
requests to the President.
(a) In this section (except subsections (b)(1) and (e)),
``agency'' means a department, agency, or instrumentality of
the United States Government.
(b)(1) The head of each agency shall prepare and submit
to the President each appropriation request for the agency.
The request shall be prepared and submitted in the form
prescribed by the President under this chapter and by the
date established by the President. When the head of an
agency does not submit a request by that date, the President
shall prepare the request for the agency to be included in
the budget or changes in the budget or as deficiency and
supplemental appropriations. The President may change agency
appropriation requests. Agency appropriation requests shall
be developed from cost-based budgets in the way and at times
prescribed by the President. The head of the agency shall
use the cost-based budget to administer the agency and to
divide appropriations or amounts.
(2) An officer or employee of an agency in the executive
branch may submit to the President or Congress a request for
legislation authorizing deficiency or supplemental
appropriations for the agency only with the approval of the
head of the agency.
(c) The head of an agency shall include with an
appropriation request submitted to the President a report
that the statement of obligations submitted with the request
contains obligations consistent with section 1501 of this
title. The head of the agency shall support the report with
a certification of the consistency and shall support the
certification with records showing that the amounts have
been obligated. The head of the agency shall designate
officials to make the certifications, and those officials
may not delegate the duty to make the certifications. The
certifications and records shall be kept in the agency--
(1) in a form that makes audits and
reconciliations easy; and
(2) for a period necessary to carry out
audits and reconciliations.
(d) To the extent practicable, the head of an agency
shall--
(1) provide information supporting the
agency's budget request for its missions by
function and subfunction (including the mission
of each organizational unit of the agency); and
(2) relate the agency's programs to its
missions.
(e) Except as provided in subsection (f) of this
section, an officer or employee of an agency (as defined in
section 1101 of this title) may submit to Congress or a
committee of Congress an appropriations estimate or request,
a request for an increase in that estimate or request, or a
recommendation on meeting the financial needs of the
Government only when requested by either House of Congress.
(f) The Interstate Commerce Commission shall submit to
Congress copies of budget estimates, requests, and
information (including personnel needs), legislative
recommendations, prepared testimony for congressional
hearings, and comments on legislation at the same time they
are sent to the President or the Office of Management and
Budget. An officer of an agency may not impose conditions on
or impair communication by the Commission with Congress, or
a committee or member of Congress, about the information.
(g) Amounts available under law are available for field
examinations of appropriation estimates. The use of the
amounts is subject only to regulations prescribed by the
appropriate standing committees of Congress. (Pub. L. 97-
258, Sept. 13, 1982, 96 Stat. 912.)
486 Sec. 1109. Current programs and activities estimates.
(a) On or before the first Monday after January 3 of
each year (on or before February 5 in 1986), the President
shall submit to both Houses of Congress the estimated budget
outlays and proposed budget authority that would be included
in the budget for the following fiscal year if programs and
activities of the United States Government were carried on
during that year at the same level as the current fiscal
year without a change in policy. The President shall state
the estimated budget outlays and proposed budget authority
by function and subfunction under the classifications in the
budget summary table under the heading ``Budget Authority
and Outlays by Function and Agency'', by major programs in
each function, and by agency. The President also shall
include a statement of the economic and program assumptions
on which those budget outlays and budget authority are
based, including inflation, real economic growth, and
unemployment rates, program caseloads, and pay increases.
(b) The Joint Economic Committee shall review the
estimated budget outlays and proposed budget authority and
submit an economic evaluation of the budget outlays and
budget authority to the Committees on the Budget of both
Houses before March 1 of each year. (Pub. L. 97-258, Sept.
13, 1982, 96 Stat. 913; Pub. L. 99-177, Title II, Sec. 222,
Dec. 12, 1985, 99 Stat. 1060.)
486.1 Sec. 1110. Year-ahead requests for authorizing legislation.
A request to enact legislation authorizing new budget
authority to continue a program or activity for a fiscal
year shall be submitted to Congress before May 16 of the
year before the year in which the fiscal year begins. If a
new program or activity will continue for more than one
year, the request must be submitted for at least the first
and second fiscal years. (Pub. L. 97-258, Sept. 13, 1982, 96
Stat. 913.)
487 Sec. 1111. Improving economy and efficiency.
To improve economy and efficiency in the United States
Government, the President shall--
(1) make a study of each agency to decide,
and may send Congress recommendations, on
changes that should be made in--
(A) the organization, activities, and
business methods of agencies;
(B) agency appropriations;
(C) the assignment of particular
activities to particular services; and
(D) regrouping of services; and
(2) evaluate and develop improved plans for
the organization, coordination, and management
of the executive branch of the Government. (Pub.
L. 97-258, Sept. 13, 1982, 96 Stat. 913.)
487.1 Sec. 1112. Fiscal, budget, and program information.
(a) In this section, ``agency'' means a department,
agency, or instrumentality of the United States Government
except a mixed/ownership Government corporation.
(b) In cooperation with the Comptroller General, the
Secretary of the Treasury and the Director of the Office of
Management and Budget shall establish and maintain standard
data processing and information systems for fiscal, budget,
and program information for use by agencies to meet the
needs of the Government, and to the extent practicable, of
State and local governments.
(c) The Comptroller General--
(1) in cooperation with the Secretary, the
Director of the Office of Management and Budget,
and the Director of the Congressional Budget
Office, shall establish, maintain, and publish
standard terms and classifications for fiscal,
budget, and program information of the
Government, including information on fiscal
policy, receipts, expenditures, program,
projects, activities, and functions;
(2) when advisable, shall report to Congress
on those terms and classifications, and
recommend legislation necessary to promote the
establishment, maintenance, and use of standard
terms and classifications by the executive
branch of the Government; and
(3) in carrying out this subsection, shall
give particular consideration to the needs of
the Committees on Appropriations and on the
Budget of both Houses of Congress, the Committee
on Ways and Means of the House, the Committee on
Finance of the Senate, and the Congressional
Budget Office.
(d) Agencies shall use the standard terms and
classifications published under subsection (c)(1) of this
section in providing fiscal, budget, and program information
to Congress.
(e) In consultation with the President, the head of each
executive agency shall take actions necessary to achieve to
the extent possible--
(1) consistency in budget and accounting
classifications;
(2) synchronization between those
classifications and organizational structure;
and
(3) information by organizational unit on
performance and program costs to support budget
justifications.
(f) In cooperation with the Director of the
Congressional Budget Office, the Comptroller General, and
appropriate representatives of State and local governments,
the Director of the Office of Management and Budget (to the
extent practicable) shall provide State and local
governments with fiscal, budget, and program information
necessary for accurate and timely determination by those
governments of the impact on their budget of assistance of
the United States Government. (Pub. L. 97-258, Sept. 13,
1982, 96 Stat. 913.)
488 Sec. 1113. Congressional information.
(a)(1) When requested by a committee of Congress having
jurisdiction over receipts or appropriations, the President
shall provide the committee with assistance and information.
(2) When requested by a committee of Congress,
additional information related to the amount of an
appropriation originally requested by an Office of Inspector
General shall be submitted to the committee.
(b) When requested by a committee of Congress, by the
Comptroller General, or by the Director of the Congressional
Budget Office, the Secretary of the Treasury, the Director
of the Office of Management and Budget, and the head of each
executive agency shall--
(1) provide information on the location and
kind of available fiscal, budget, and program
information;
(2) to the extent practicable, prepare
summary tables of that fiscal, budget, and
program information and related information the
committee, the Comptroller General, or the
Director of the Congressional Budget Office
considers necessary; and
(3) provide a program evaluation carried out
or commissioned by an executive agency.
(c) In cooperation with the Director of the
Congressional Budget Office, the Secretary, and the Director
of the Office of Management and Budget, and Comptroller
General shall--
(1) establish and maintain a current
directory of sources of, and information systems
for, fiscal, budget, and program information and
a brief description of the contents of each
source and system;
(2) when requested, provide assistance to
committees of Congress and members of Congress
in obtaining information from the sources in the
directory; and
(3) when requested, provide assistance to
committees and, to the extent practicable, to
members of Congress in evaluating the
information obtained from the sources in the
directory.
(d) To the extent they consider necessary, the
Comptroller General and the Director of the Congressional
Budget Office individually or jointly shall establish and
maintain a file of information to meet recurring needs of
Congress for fiscal, budget, and program information to
carry out this section and sections 717 and 1112 of this
title. The file shall include information on budget
requests, congressional authorizations to obligate and
expend, apportionment and reserve actions, and obligations
and expenditures. The Comptroller General and the Director
shall maintain the file and an index to the file so that it
is easier for the committees and agencies of Congress to use
the file and index through data processing and
communications techniques.
(e)(1) The Comptroller General shall--
(A) carry out a continuing program to
identify the needs of committees and members of
Congress for fiscal, budget, and program
information to carry out this section and
section 1112 of this title;
(B) assist committees of Congress in
developing their information needs;
(C) monitor recurring reporting requirements
of Congress and committees; and
(D) make recommendations to Congress and
committees for changes and improvements in those
reporting requirements to meet information needs
identified by the Comptroller General, to
improve their usefulness to congressional users,
and to eliminate unnecessary reporting.
(2) Before September 2 of each year, the Comptroller
General shall report to Congress on--
(A) the needs identified under paragraph
(1)(A) of this subsection;
(B) the relationship of those needs to
existing reporting requirements;
(C) the extent to which reporting by the
executive branch of the United States Government
currently meets the identified needs;
(D) the changes to standard classifications
necessary to meet congressional needs;
(E) activities, progress, and results of the
program of the Comptroller General under
paragraph (1) (B)-(D) of this subsection; and
(F) progress of the executive branch in the
prior year.
(3) Before March 2 of each year, the Director of the
Office of Management and Budget and the Secretary shall
report to Congress on plans for meeting the needs identified
under paragraph (1)(A) of this subsection, including--
(A) plans for carrying out changes to
classifications to meet information needs of
Congress;
(B) the status of information systems in the
prior year; and
(C) the use of standard classifications.
(Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 914;
Pub. L. 97-452, Sec. 1(3), Jan. 12, 1983, 96
Stat. 2467.)
489 Sec. 1114. Repealed. (Oct. 13, 1994, Pub. L. 103-355,
Sec. 2454(c)(2), 108 Stat. 3326.)
Chapter 33.--DEPOSITING, KEEPING, AND PAYING MONEY
Subchapter 2.--Payments
489.1 Sec. 3332. Required direct deposit.
(a)(1) Notwithstanding any other provision of law, all
Federal wage, salary, and retirement payments shall be paid
to recipients of such payments by electronic funds transfer,
unless another method has been determined by the Secretary
of the Treasury to be appropriate.
(2) Each recipient of Federal wage, salary, or
retirement payments shall designate one or more financial
institutions or other authorized payment agents and provide
the payment certifying or authorizing agency information
necessary for the recipient to receive electronic funds
transfer payments through each institution so designated.
(b)(1) The head of each agency shall waive the
requirements of subsection (a) of this section for a
recipient of Federal wage, salary, or retirement payments
authorized or certified by the agency upon written request
by such recipient.
(2) Federal wage, salary, or retirement payments shall
be paid to any recipient granted a waiver under paragraph
(1) of this subsection by any method determined appropriate
by the Secretary of the Treasury.
(c)(1) The Secretary of the Treasury may waive the
requirements of subsection (a) of this section for any group
of recipients upon request by the head of an agency under
standards prescribed by the Secretary of the Treasury.
(2) Federal wage, salary, or retirement payments shall
be paid to any member of a group granted a waiver under
paragraph (1) of this subsection by any method determined
appropriate by the Secretary of the Treasury.
(d) This section shall apply only to recipients of
Federal wage or salary payments who begin to receive such
payments on or after January 1, 1995, and recipients of
Federal retirement payments who begin to receive such
payments on or after January 1, 1995.
(e)(1) Notwithstanding subsections (a) through (d) of
this section, sections 5120(a) and (d) of title 38, and any
other provision of law, all Federal payments to a recipient
who becomes eligible for that type of payment after 90 days
after the date of the enactment of the Debt Collection
Improvement Act of 1996 shall be made by electronic funds
transfer.
(2) The head of a Federal agency shall, with respect to
Federal payments made or authorized by the agency, waive the
application of paragraph (1) to a recipient of those
payments upon receipt of written certification from the
recipient that the recipient does not have an account with a
financial institution or an authorized payment agent.
(f)(1) Notwithstanding any other provision of law
(including subsections (a) through (e) of this section and
sections 5120(a) and (d) of title 38), except as provided in
paragraph (2) all Federal payments made after January 1,
1999, shall be made by electronic funds transfer.
(2)(A) The Secretary of the Treasury may waive
application of this subsection to payments--
(i) for individuals or classes of
individuals for whom compliance imposes a
hardship;
(ii) for classifications or types of checks;
or
(iii) in other circumstances as may be
necessary.
(B) The Secretary of the Treasury shall make
determinations under subparagraph (A) based on standards
developed by the Secretary.
(g) Each recipient of Federal payments required to be
made by electronic funds transfer shall--
(1) designate 1 or more financial
institutions or other authorized agents to which
such payments shall be made; and
(2) provide to the Federal agency that makes
or authorizes the payments information necessary
for the recipient to receive electronic funds
transfer payments through each institution or
agent designated under paragraph (1).
(h) The crediting of the amount of a payment to the
appropriate account on the books of a financial institution
or other authorized payment agent designated by a payment
recipient under this section shall constitute a full
acquittance to the United States for the amount of the
payment.
(i)(1) The Secretary of the Treasury may prescribe
regulations that the Secretary considers necessary to carry
out this section.
(2) Regulations under this subsection shall ensure that
individuals required under subsection (g) to have an account
at a financial institution because of the application of
subsection (f)(1)--
(A) will have access to such an account at a
reasonable cost; and
(B) are given the same consumer protections
with respect to the account as other account
holders at the same financial institution.
(j) For purposes of this section--
(1) The term ``electronic funds transfer''
means any transfer of funds, other than a
transaction originated by cash, check, or
similar paper instrument, that is initiated
through an electronic terminal, telephone,
computer, or magnetic tape, for the purpose of
ordering, instructing, or authorizing a
financial institution to debit or credit an
account. The term includes Automated Clearing
House transfers, Fed Wire transfers, transfers
made at automatic teller machines, and point-of-
sale terminals.
(2) The term ``Federal agency'' means--
(A) an agency (as defined in section 101
of this title); and
(B) a Government corporation (as defined
in section 103 of title 5).
(3) The term ``Federal payments'' includes--
(A) Federal wage, salary, and retirement
payments;
(B) vendor and expense reimbursement
payments; and
(C) benefit payments.
Such term shall not include any payment under the
Internal Revenue Code of 1986.
(As amended Pub. L. 98-369, Title VIII, Sec. 2814, July 18,
1984, 98 Stat. 1207; Pub. L. 103-356, Title IV, Sec. 402(a),
Oct. 13, 1994, 108 Stat. 3412; Pub. L. 104-134, Title III,
Sec. 31001(x)(1), Apr. 26, 1996, 110 Stat. 1321-376.)
39 u.s.c.--postal service
general and permanent laws relating to the senate
TITLE 39.--POSTAL SERVICE
Part IV.--MAIL MATTER
Chapter 32.--PENALTY AND FRANKED MAIL\1\
490 Sec. 3201. Definitions.
As used in this chapter--
\1\ For United States Postal Service regulation on
congressional franking privilege, see Senate Manual
section 497. See also the Regulations Governing the Use
of the Mailing Frank by Members and Officers of the
United States Senate, issued by the Select Committee on
Ethics. See also Regulations Governing Franked Mail,
issued by the Senate Committee on Rules and
Administration.
(1) ``penalty mail'' means official mail,
other than franked mail, which is authorized by
law to be transmitted in the mail without
prepayment of postage;
(2) ``penalty cover'' means envelopes,
wrappers, labels, or cards used to transmit
penalty mail;
(3) ``frank'' means the autographic or
facsimile signature of persons authorized by
sections 3210-3216 and 3218 of this title to
transmit matter through the mail without
prepayment of postage or other indicia
contemplated by sections 733 and 907 of title
44;
(4) ``franked mail'' means mail which is
transmitted in the mail under a frank;
(5) ``Members of Congress'' includes
Senators, Representatives, Delegates, and
Resident Commissioners; and
(6) ``missing child'' has the meaning
provided by section 403(1) of the Juvenile
Justice and Delinquency Prevention Act of 1974.
(Aug. 12, 1970, Pub. L. 91-375, Sec. 2, 84 Stat.
751; Aug. 9, 1985, Pub. L. 99-87, Sec. 1(b), 99
Stat. 291.)
491 Sec. 3210. Franked mail transmitted by the Vice President,
Members of Congress, and congressional officials.
(a)(1) It is the policy of the Congress that the
privilege of sending mail as franked mail shall be
established under this section in order to assist and
expedite the conduct of the official business, activities,
and duties of the Congress of the United States.
(2) It is the intent of the Congress that such official
business, activities, and duties cover all matters which
directly or indirectly pertain to the legislative process or
to any congressional representative functions generally, or
to the functioning, working, or operating of the Congress
and the performance of official duties in connection
therewith, and shall include, but not be limited to, the
conveying of information to the public, and the requesting
of the views of the public, or the views and information of
other authority of government, as a guide or a means of
assistance in the performance of those functions.
(3) It is the intent of the Congress that mail matter
which is frankable specifically includes, but is not limited
to--
(A) mail matter to any person and to all
agencies and officials of Federal, State, and
local governments regarding programs, decisions,
and other related matters of public concern or
public service, including any matter relating to
actions of a past or current Congress;
(B) the usual and customary congressional
newsletter or press release which may deal with
such matters as the impact of laws and decisions
on State and local governments and individual
citizens; reports on public and official actions
taken by Members of Congress; and discussions of
proposed or pending legislation or governmental
actions and the positions of the Members of
Congress on, and arguments for or against, such
matters;
(C) the usual and customary congressional
questionnaire seeking public opinion on any law,
pending or proposed legislation, public issue,
or subject;
(D) mail matter dispatched by a Member of
Congress between his Washington office and any
congressional district offices, or between his
district offices;
(E) mail matter directed by one Member of
Congress to another Member of Congress or to
representatives of the legislative bodies of
State and local governments;
(F) mail matter expressing congratulations
to a person who has achieved some public
distinction;
(G) mail matter, including general mass
mailings, which consist of Federal laws, Federal
regulations, other Federal publications,
publications purchased with Federal funds, or
publications containing items of general
information;
(H) mail matter which consists of voter
registration or election information or
assistance prepared and mailed in a nonpartisan
manner;
(I) mail matter which constitutes or
includes a biography or autobiography of any
Member of, or Member-elect to, Congress or any
biographical or autobiographical material
concerning such Member or Member-elect or the
spouse or other members of the family of such
Member or Member-elect, and which is so mailed
as a part of a Federal publication or in
response to a specific request therefor and is
not included for publicity purposes in a
newsletter or other general mass mailing of the
Member or Member-elect under the franking
privilege; or
(J) mail matter which contains a picture,
sketch, or other likeness of any Member or
Member-elect and which is so mailed as a part of
a Federal publication or in response to a
specific request therefor and, when contained in
a newsletter or other general mass mailing of
any Member or Member-elect, is not of such size,
or does not occur with such frequency in the
mail matter concerned, as to lead to the
conclusion that the purpose of such picture,
sketch, or likeness is to advertise the Member
or Member-elect rather than to illustrate
accompanying text.
(4) It is the intent of the Congress that the franking
privilege under this section shall not permit, and may not
be used for, the transmission through the mails as franked
mail, of matter which in its nature is purely personal to
the sender or to any other person and is unrelated
to the official business, activities, and duties of the
public officials covered by subsection (b)(1) of this
section.
(5) It is the intent of the Congress that a Member of or
Member-elect to Congress may not mail as franked mail--
(A) mail matter which constitutes or
includes any article, account, sketch,
narration, or other text laudatory and
complimentary of any Member of, or Member-elect
to, Congress on a purely personal or political
basis rather than on the basis of performance of
official duties as a Member or on the basis of
activities as a Member-elect;
(B) mail matter which constitutes or
includes--
(i) greetings from the spouse or other
members of the family of such Member or
Member-elect, unless it is a brief reference
in otherwise frankable mail;
(ii) reports of how or when such Member
or Member-elect, or the spouse or any other
member of the family of such Member or
Member-elect, spends time other than in the
performance of, or in connection with, the
legislative, representative, and other
official functions of such Member or the
activities of such Member-elect as a Member-
elect; or
(iii) any card expressing holiday
greetings from such Member or Member-elect;
or
(C) mail matter which specifically solicits
political support for the sender or any other
person or any political party, or a vote or
financial assistance for any candidate for any
public office.
The House Commission on Congressional Mailing Standards and
the Select Committee on Standards and Conduct of the Senate
shall prescribe for their respective Houses such rules and
regulations and shall take such other action, as the
Commission or Committee considers necessary and proper for
the Members and Members-elect to conform to the provisions
of this clause and applicable rules and regulations. Such
rules and regulations shall include, but not be limited to,
provisions prescribing the time within which such mailings
shall be mailed at or delivered to any postal facility to
attain compliance with this clause and the time when such
mailings shall be deemed to have been so mailed or delivered
and such compliance attained.
(6)(A) It is the intent of Congress that a Member of, or
Member-elect to, Congress may not mail any mass mailing as
franked mail--
(i) if the mass mailing is mailed fewer than
60 days (or in the case of a Member of the
House, fewer than 90 days) immediately before
the date of any primary election or general
election (whether regular, special, or runoff)
in which the Member is a candidate for
reelection; or
(ii) in the case of a Member of, or Member-
elect to, the House who is a candidate for any
other public office, if the mass mailing--
(I) is prepared for delivery within any
portion of the jurisdiction of or the area
covered by the public office which is
outside the area constituting the
congressional district from which the Member
or Member-elect was elected; or
(II) is mailed fewer than 90 days
immediately before the date of any primary
election or general election (whether
regular, special, or runoff) in which the
Member or Member-elect is a candidate for
any other public office.
(B) Any mass mailing which is mailed by the chairman of
any organization referred to in the last sentence of section
3215 of this title which relates to the normal and regular
business of the organization may be mailed without regard to
the provisions of this paragraph.
(C) No Member of the Senate may mail any mass mailing as
franked mail if such mass mailing is mailed fewer than 60
days immediately before the date of any primary election or
general election (whether regular, special, or runoff) for
any national, State or local office in which such Member is
a candidate for election.
(D) The Select Committee on Ethics of the Senate and the
House Commission on Congressional Mailing Standards shall
prescribe for their respective Houses rules and regulations,
and shall take other action as the Committee or the
Commission considers necessary and proper for Members and
Members-elect to comply with the provisions of this
paragraph and applicable rules and regulations. The rules
and regulations shall include provisions prescribing the
time within which mailings shall be mailed at or delivered
to any postal facility and the time when the mailings shall
be deemed to have been mailed or delivered to comply with
the provisions of this paragraph.
(E) As used in this section, the term ``mass mailing''
means, with respect to a session of Congress, any mailing of
newsletters or other pieces of mail with substantially
identical content (whether such mail is deposited singly or
in bulk, or at the same time or different times), totaling
more than 500 pieces in that session, except that such term
does not include any mailing--
(i) of matter in direct response to a
communication from a person to whom the matter
is mailed;
(ii) from a Member of Congress to other
Members of Congress, or to Federal, State, or
local government officials; or
(iii) of a news release to the
communications media.
(F) For purposes of subparagraphs (A) and (C) if mail
matter is of a type which is not customarily postmarked, the
date on which such matter would have been postmarked if it
were of a type customarily postmarked shall apply.
(7) A Member of the House of Representatives may not
send any mass mailing outside the congressional district
from which the Member was elected.
(b)(1) The Vice President, each Member of or Member-
elect to Congress, the Secretary of the Senate, the Sergeant
at Arms of the Senate, each of the elected officers of the
House of Representatives (other than a Member of the House),
the Legislative Counsels of the House of Representatives and
the Senate, the Law Revision Counsel of the House of
Representatives, and the Senate Legal Counsel may send, as
franked mail, matter relating to their official business,
activities, and duties, as intended by Congress to be
mailable as franked mail under subsection (a) (2) and (3) of
this section.
(2) If a vacancy occurs in the Office of the Secretary
of the Senate, the Sergeant at Arms of the Senate, an
elected officer of the House of Representatives (other than
a Member of the House), the Legislative Counsel of the House
of Representatives or the Senate, the Law Revision Counsel
of the House of Representatives, or the Senate Legal Counsel
any authorized person may exercise the franking privilege in
the officer's name during the period of the vacancy.
(3) The Vice President, each Member of Congress, the
Secretary of the Senate, the Sergeant at Arms of the Senate,
and each of the elected officers of the House (other than a
Member of the House), during the 90-day period immediately
following the date on which they leave office, may send, as
franked mail, matter on official business relating to the
closing of their respective offices. The House Commission on
Congressional Mailing Standards and the Select Committee on
Standards and Conduct of the Senate \1\ shall prescribe for
their respective Houses such rules and regulations, and
shall take such other action as the Commission or Committee
considers necessary and proper, to carry out the provisions
of this paragraph.
\1\ Name changed to the Select Committee on Ethics by S.
Res. 4, 95-1, Feb. 4, 1977.
(c) Franked mail may be in any form appropriate for mail
matter, including, but not limited to, correspondence,
newsletters, questionnaires, recordings, facsimiles,
reprints, and reproductions. Franked mail shall not include
matter which is intended by Congress to be nonmailable as
franked mail under subsection (a) (4) and (5) of this
section.
(d)(1) A Member of the Congress may mail franked mail
with a simplified form of address for delivery within that
area constituting the congressional district or State from
which the Member was elected.
(2) A Member-elect to the Congress may mail franked mail
with a simplified form of address for delivery within that
area constituting the congressional district or State from
which he was elected.
(3) A Delegate, Delegate-elect, Resident Commissioner,
or Resident Commissioner-elect to the House of
Representatives may mail franked mail with a simplified form
of address for delivery within the area from which he was
elected.
(4) Any franked mail which is mailed under this
subsection shall be mailed at the equivalent rate of postage
which assures that the mail will be sent by the most
economical means practicable.
(5) The Senate Committee on Rules and Administration and
the House Commission on Congressional Mailing Standards
shall prescribe for their respective Houses rules and
regulations governing any franked mail which is mailed under
this subsection and shall by regulation limit the number of
such mailings allowed under this subsection.
(6)(A) Any Member of, or Member-elect to, the House of
Representatives entitled to make any mailing as franked mail
under this subsection shall, before making any mailing,
submit a sample or description of the mail matter involved
to the House Commission on Congressional Mailing Standards
for an advisory opinion as to whether the proposed mailing
is in compliance with the provisions of this subsection.
(B) The Senate Select Committee on Ethics may require
any Member of, or Member-elect to, the Senate entitled to
make any mailings as franked mail under this subsection to
submit a sample or description of the mail matter to the
Committee for an advisory opinion as to whether the proposed
mailing is in compliance with the provisions of this
subsection.
(7) Franked mail mailed with a simplified form of
address under this subsection--
(A) shall be prepared as directed by the
Postal Service; and
(B) may be delivered to--
(i) each box holder or family on a rural
or star route;
(ii) each post office box holder; and
(iii) each stop or box on a city carrier
route.
(8) For the purposes of this subsection, a congressional
district includes, in the case of a Representative at Large
or Representative at Large-elect, the State from which he
was elected.
(e) The frankability of mail matter shall be determined
under the provisions of this section by the type and content
of the mail sent, or to be sent.
(f) Any mass mailing which otherwise would be permitted
to be mailed as franked mail under this section shall not be
so mailed unless the cost of preparing and printing the mail
matter is paid exclusively from funds appropriated by
Congress, except that an otherwise frankable mass mailing
may contain, as an enclosure or supplement, any public
service material which is purely instructional or
informational in nature, and which in content is frankable
under this section.
(g) Notwithstanding any other provision of Federal,
State, or local law, or any regulation thereunder, the
equivalent amount of postage determined under section 3216
of this title on franked mail mailed under the frank of the
Vice President or a Member of Congress, and the cost of
preparing or printing such frankable matter for such mailing
under the frank, shall not be considered as a contribution
to, or an expenditure by, the Vice President or a Member of
Congress for the purpose of determining any limitation on
expenditures or contributions with respect to any such
official, imposed by any Federal, State, or local law or
regulation, in connection with any campaign of such official
for election to any Federal office. (Aug. 12, 1970, Pub. L.
91-375, Sec. 2, 84 Stat. 754; July 9, 1971, Pub. L. 92-51,
Sec. 101, 85 Stat. 132; Dec. 18, 1973, Pub. L. 93-191,
Sec. 1(a), 87 Stat. 737; Dec. 23, 1975, Pub. L. 94-177,
Sec. 1(b), 89 Stat. 1032; Oct. 26, 1978, Pub. L. 95-521,
Sec. 714(a), 92 Stat. 1884; Oct. 26, 1981, Pub. L. 97-69,
Sec. Sec. 1, 2, 3, 4, 95 Stat. 1041-1043; Sept. 24, 1982,
Pub. L. 97-263, Sec. 1, 96 Stat. 1132; Pub. L. 101-163,
Title III, Sec. 318, Nov. 21, 1989, 103 Stat. 1068; Pub. L.
101-520, Title III, Sec. Sec. 311(h)(1), 316, Nov. 5, 1990,
104 Stat. 2280, 2283; Pub. L. 102-392, Title III,
Sec. 309(a), Oct. 6, 1992, 106 Stat. 1722; Pub. L. 104-197,
Title I, Sec. 102(a), Sept. 16, 1996, 110 Stat. 2401.)
492 Sec. 3211. Public documents.
The Vice President, Members of Congress, the Secretary
of the Senate, the Sergeant at Arms of the Senate, each of
the elected officers of the House of Representatives (other
than a Member of the House) during the 90-day period
immediately following the expiration of their respective
terms of office, may send and receive as franked mail all
public documents printed by order of Congress. (Aug. 12,
1970, Pub. L. 91-375, Sec. 2, 84 Stat. 754; Dec. 18, 1973,
Pub. L. 93-191, Sec. 2, 87 Stat. 741; Oct. 26, 1981, Pub. L.
97-69, Sec. 5(a), 95 Stat. 1043.)
493 Sec. 3212. Congressional Record under frank of Members of
Congress.
(a) Members of Congress may send the Congressional
Record as franked mail.
(b) Members of Congress may send, as franked mail, any
part, of, or a reprint of any part of, the Congressional
Record, including speeches or reports contained therein, if
such matter is mailable as franked mail under section 3210
of this title. (Aug. 12, 1970, Pub. L. 91-375, Sec. 2, 84
Stat. 754; Dec. 18, 1973, Pub. L. 93-191, Sec. 3, 87 Stat.
741.)
Cross Reference
For extracts from Congressional Record furnished Members
of Congress and the Resident Commissioner in envelopes ready
for mailing, see section 907 of title 44, United States Code
(Senate Manual section 657).
494 Sec. 3213. Seeds and reports from Department of Agriculture.
Seeds and agricultural reports emanating from the
Department of Agriculture may be mailed--
(1) as penalty mail by the Secretary of
Agriculture; and
(2) during the 90-day period immediately
following the expiration of their terms of
office, as franked mail by Members of Congress.
(Aug. 12, 1970, Pub. L. 91-375, Sec. 2, 84 Stat.
754; Oct. 26, 1981, Pub. L. 97-69, Sec. 5(b), 95
Stat. 1043.)
495 Sec. 3215. Lending or permitting use of frank unlawful.
A person entitled to use a frank may not lend it or
permit its use by any committee, organization, or
association, or permit its use by any person for the benefit
or use of any committee, organization, or association. This
section does not apply to any standing, select, special, or
joint committee, or subcommittee thereof, or commission, of
the Senate, House of Representatives, or Congress, composed
of Members of Congress, or to the Democratic caucus or the
Republican conference of the House of Representatives or of
the Senate. (Aug. 12, 1970, Pub. L. 91-375, Sec. 2, 84 Stat.
754; Dec. 18, 1973, Pub. L. 93-191, Sec. 10, 87 Stat. 746.)
496 Sec. 3216. Reimbursement for franked mailings.
(a) The equivalent of--
(1) postage on, and fees and charges in
connection with, mail matter sent through the
mails--
(A) under the franking privilege (other
than under section 3219 of this title), by
the Vice President, Members of and Members-
elect to Congress, the Secretary of the
Senate, the Sergeant at Arms of the Senate,
each of the elected officers of the House of
Representatives (other than a Member of the
House), the Legislative Counsels of the
House of Representatives and the Senate, the
Law Revision Counsel of the House of
Representatives, and the Senate Legal
Counsel; and
(B) by the survivors of a Member of
Congress under section 3218 of this title;
and
(2) those portions of fees and charges to be
paid for handling and delivery by the Postal
Service of Mailgrams considered as franked mail
under section 3219 of this title;
shall be paid by appropriation for the official mail costs
of the Senate and the House of Representatives for that
purpose and then paid to the Postal Service as postal
revenue. Except as to Mailgrams and except as provided by
sections 733 and 907 of title 44, envelopes, wrappers,
cards, or labels used to transmit franked mail shall bear,
in the upper right-hand corner, the sender's signature, or a
facsimile thereof.
(b) Postage on, and fees and charges in connection with,
mail matter sent through the mails under section 3214 of
this title shall be paid each fiscal year, out of any
appropriation made for that purpose, to the Postal Service
as postal revenue in an amount equivalent to the postage,
fees, and charges which would otherwise be payable on, or in
connection with, such mail matter.
(c) Payment under subsection (a) or (b) of this section
shall be deemed payment for all matter mailed under the
frank and for all fees and charges due the Postal Service in
connection therewith.
(d) Money collected for matter improperly mailed under
the franking privilege shall be deposited as miscellaneous
receipts in the general fund of the Treasury.
(e)(1) Not later than two weeks after the last day of
each quarter of the fiscal year, or as soon as practicable
thereafter, the Postmaster General shall send to the Chief
Administrative Officer of the House of Representatives, the
House Commission on Congressional Mailing Standards, the
Secretary of the Senate, and the Senate Committee on Rules
and Administration a report which shall contain a tabulation
of the estimated number of pieces and costs of franked mail,
as defined in section 3201 of this title, in each mail
classification sent through the mail for the quarter and for
the preceding quarters in the fiscal year, together with
separate tabulations of the number of pieces and costs of
such mail sent by the House and by the Senate.
(2) Two weeks after the close of the second quarter of
the fiscal year, or as soon as practicable thereafter, the
Postmaster General shall send to the Chief Administrative
Officer of the House of Representatives, the House
Commission on Congressional Mailing Standards, the Committee
on House Oversight, the Secretary of the Senate, and the
Senate Committee on Rules and Administration, a statement of
the costs of postage on, and fees and charges in connection
with, mail matter sent through the mails as described in
subsection (1) of this section for the preceding two
quarters together with an estimate of such costs for the
balance of the fiscal year. As soon as practicable after
receipt of this statement, the House Commission on
Congressional Mailing Standards, the Committee on House
Oversight, and the Senate Committee on Rules and
Administration shall consider promulgating such regulations
for their respective Houses as may be necessary to ensure
that total postage costs, as described in subsection (1) of
this section, will not exceed the amounts available for the
fiscal year. (Aug. 12, 1970, Pub. L. 91-375, Sec. 2, 84
Stat. 754; July 9, 1971, Pub. L. 92-51, Sec. 101, 85 Stat.
132; Dec. 18, 1973, Pub. L. 93-191, Sec. 7, 87 Stat. 745;
Mar. 27, 1974, Pub. L. 93-255, Sec. 2(a), 88 Stat. 52; Oct.
26, 1978, Pub. L. 95-521, Sec. 714(b), 92 Stat. 1884; Oct.
26, 1981, Pub. L. 97-69, Sec. 6(a), 95 Stat. 1043; Sept. 24,
1982, Pub. L. 97-263, Sec. 1, 96 Stat. 1132; Pub. L. 101-
163, Title III, Sec. 316(b), formerly Sec. 316(c), Sec. 317,
Nov. 21, 1989, 103 Stat. 1067, renumbered Pub. L. 101-520,
Title III, Sec. 311(h)(3)(B), Nov. 5, 1990, 104 Stat. 2280;
Pub. L. 102-90, Title III, Sec. 306, Aug. 14, 1991, 105
Stat. 466; Pub. L. 104-186, Title II, Sec. 220, Aug. 20,
1996, 110 Stat. 1748.)
496.1 Sec. 3218. Franked mail for survivors of Members of
Congress.
Upon the death of a Member of Congress during his term
of office, the surviving spouse of such Member (or, if there
is no surviving spouse, a member of the immediate family of
the Member designated by the Secretary of the Senate or the
Clerk of the House of Representatives, as appropriate, in
accordance with rules and procedures established by the
Secretary or the Clerk) may send, for a period not to exceed
180 days after his death, as franked mail, nonpolitical
correspondence relating to the death of the Member. (Aug.
12, 1970, Pub. L. 91-375, Sec. 2,
84 Stat. 755; Dec. 18, 1973, Pub. L. 93-191, Sec. 11, 87
Stat. 746; Oct. 26, 1981, Pub. L. 97-69, Sec. 6 (b) and (c),
95 Stat. 1043.)
496.2 Sec. 3219. Mailgrams.
Any Mailgram sent by the Vice President, a Member of or
Member-elect to Congress, the Secretary of the Senate, the
Sergeant at Arms of the Senate, an elected officer of the
House of Representatives (other than a Member of the House),
the Legislative Counsel of the House of Representatives or
the Senate, the Law Revision Counsel of the House of
Representatives, or the Senate Legal Counsel, and then
delivered by the Postal Service, shall be considered as
franked mail, subject to section 3216(a)(2) of this title,
if such Mailgram contains matter of the kind authorized to
be sent by that official as franked mail under section 3210
of this title. (Added Dec. 18, 1973, Pub. L. 93-191,
Sec. 12, 87 Stat. 746; Oct. 26, 1978, Pub. L. 95-521,
Sec. 714(c), 92 Stat. 1884; Sept. 24, 1982, Pub. L. 97-263,
Sec. 1, 96 Stat. 1132.)
496.3 Sec. 3220. Use of official mail in the location and recovery
of missing children.
(a)(1) The Office of Juvenile Justice and Delinquency
Prevention, after consultation with appropriate public and
private agencies, shall prescribe general guidelines under
which penalty mail may be used to assist in the location and
recovery of missing children. The guidelines shall provide
information relating to--
(A) the form and manner in which materials
and information relating to missing children
(such as biographical data and pictures,
sketches, or other likenesses) may be included
in penalty mail;
(B) appropriate sources from which such
materials and information may be obtained;
(C) the procedures by which such materials
and information may be obtained; and
(D) any other matter which the Office
considers appropriate.
(2) Each executive department and independent
establishment of the Government of the United States shall
prescribe regulations under which penalty mail sent by such
department or establishment may be used in conformance with
the guidelines prescribed under paragraph (1).
(b) The Senate Committee on Rules and Administration and
the House Commission on Congressional Mailing Standards
shall prescribe for their respective Houses rules and
regulations, and shall take such other action as the
Committee or Commission considers necessary and proper, in
order that purposes similar to those of subsection (a) may,
in the discretion of the congressional official or office
concerned, be carried out by the use of franked mail sent by
such official or office.
(c) As used in this section, ``Office of Juvenile
Justice and Delinquency Prevention'' and ``Office'' each
means the Office of Juvenile Justice and Delinquency
Prevention within the Department of Justice, as established
by section 201 of the Juvenile Justice and Delinquency
Prevention Act of 1974. (Aug. 9, 1985, Pub. L. 99-87,
Sec. 1(a)(1), 99 Stat. 290.)
39 u.s.c.--postal service
general and permanent laws relating to the senate
497
Domestic Mail Manual Provisions Relating to the
Congressional Franking Privilege
Part E050--Official Mail (Franked)
1.0 Basic Information
1.1 Members of Congress. Official mail of Members of
Congress is sent without prepayment of postage and bears
instead a written or printed facsimile signature, or a
specified marking. Exhibit 1.1 shows what is accepted under
frank and who is authorized its use.
1.2 Former President and Spouse. Any former President of
the United States and any surviving spouse of a former
President may send nonpolitical mail as franked mail if it
bears the sender's written or facsimile signature and the
words ``Postage and Fees Paid'' in the upper right corner of
the address side.
1.3 Surviving Spouse of Member of Congress. When a Member
of Congress dies during the term of office, the Member's
surviving spouse may send correspondence relating to the
death without prepayment of postage, for a period not to
exceed 180 days after the death of the Member. The mail must
bear the sender's written or facsimile signature in the
upper right corner of the address side. If there is no
surviving spouse, this privilege may be exercised by an
immediate family member of the deceased Member of Congress
designated by the Secretary of the Senate or the Clerk of
the House of Representatives, as appropriate.
1.4 Use. A person entitled to use franked mail may not lend
this frank or permit its use by any committee, organization,
association, or other person. This restriction does not
apply to a committee of the Congress.
1.5 Criteria. Franked mail must be addressed to the
recipient by name, except under A040 and must meet the
mailability criteria in C010, C020, and C030, and the
physical standards for the class of mail being used.\1\
\1\ Part A040 describes alternative addressing formats.
Part C010 gives general mailability standards (such as
requisite dimensions, packaging, and containers). Part
C020 describes articles and substances prohibited
because they may be injurious to life, health or
property (such as liquor or firearms). Part C030 refers
to restricted forms of printed materials (such as
deceptive solicitations or sexually oriented
advertisements).
1.6 Handling. Franked mail is entitled to all special
services for which it is properly endorsed, and is handled
and forwarded as ordinary mail, except that after delivery
to the addressee, it may not be remailed.
1.7 Package to One Addressee. A person entitled to use
franked mail may send a package of franked mail to one
addressee, who may open the package and on behalf of such
person address the franked articles and mail them.
Exhibit 1.1
----------------------------------------------------------------------------------------------------------------
User entitled Matter permitted Marking required Period authorized
----------------------------------------------------------------------------------------------------------------
Vice President of the United Public documents printed Public Document and the During 90 days
States, Members of Congress, by order of Congress. letters U.S.S. or M.C. immediately after
Resident Commissioners, must appear on address expiration of term of
Secretary of the Senate, side. office.
Sergeant at Arms of the Senate,
and each elected officer of the
House of Representatives (other
than Members of the House).
----------------------------------------------------------------------------------------------------------------
Members of Congress and Resident Congressional Record or Congressional Record or During term of office
Commissioners any part of it Part of Congressional only.
(including reprints of Record and U.S.S. or
any part, speech, or M.C. must appear on the
report contained in it) address side.
if for official
business, activities, or
duties.
----------------------------------------------------------------------------------------------------------------
Members of Congress Seed and agricultural Signature and title During 90 days
reports from Department (written or printed immediately after
of Agriculture. facsimile) of person expiration of term of
entitled to frank must office.
appear on address side.
----------------------------------------------------------------------------------------------------------------
Vice President of the United Official correspondence Mailgrams may be sent in During term of office
States, Members and Members- including Mailgrams standard Mailgram only. When position of
elect of Congress, Resident envelopes. For other Secretary, Sergeant at
Commissioners, Secretary of the correspondence, Arms, elected officer,
Senate, Sergeant at Arms of the signature and title Legislative Counsel,
Senate, each elected officer of (written or printed Law Revision Counsel,
the House of Representatives facsimile) of person or Senate Legal Counsel
(other than a Member of the entitled to frank must is vacant, privileges
House), Legislative Counsels of appear on address side. may be exercised in
the House of Representatives officer's name by
and the Senate, Law Revision authorized persons.
Counsel of the House of
Representatives, and Senate
Legal Counsel.
----------------------------------------------------------------------------------------------------------------
Vice President-elect All mail connected with Signature and title Until assumption of
preparation for (written or printed duties as Vice
assumption of official facsimile) of Vice President.
duties as Vice President. President-elect must
appear on address side.
----------------------------------------------------------------------------------------------------------------
Former Vice President, each Matter on official Signature and title During 90 days
former Member of Congress, business about closing (written or printed immediately after date
former Secretary of the Senate, of offices. facsimile) of person of leaving office.
former Sergeant at Arms of the entitled to frank must
Senate, each former elected appear on address side.
officer of the House (other
than a former Member of the
House), and each former
Delegate or Resident
Commissioner.
----------------------------------------------------------------------------------------------------------------
Former Speakers of the House Public documents, seeds, Signature and title For as long as the
and agricultural reports (written or printed former Speaker
from Department of facsimile) of former determines necessary.
Agriculture, official Speaker, or Mailgram or
correspondence including public document marking
Mailgrams. as shown above, must
appear on address side.
----------------------------------------------------------------------------------------------------------------
40 u.s.c.--public buildings, property, and works
general and permanent laws relating to the senate
TITLE 40.--PUBLIC BUILDINGS, PROPERTY, AND WORKS
Chapter 2.--CAPITOL BUILDING AND GROUNDS
500 Sec. 161. Title of Superintendent of Capitol Building and
Grounds changed to Architect of the Capitol.
The title of ``Superintendent of the Capitol Building
and Grounds'' is changed to ``Architect of the Capitol.''
(Mar. 3, 1921, ch. 124, Sec. 1, 41 Stat. 1291.)
501 Sec. 162. Architect of the Capitol; powers and duties.
The Architect of the Capitol shall perform all the
duties relative to the Capitol Building performed prior to
August 15, 1876, by the Commissioner of Public Buildings and
Grounds, and shall be appointed by the President: Provided,
That no change in the architectural features of the Capitol
Building or in the landscape features of the Capitol Grounds
shall be made except on plans to be approved by Congress.
(Aug. 15, 1876, ch. 287, Sec. 1, 19 Stat. 147; Feb. 14,
1902, ch. 17, Sec. 1, 32 Stat. 20; Mar. 3, 1921, ch. 124,
Sec. 1, 41 Stat. 1291.)
501.1 Sec. 162-1. Appointment of Architect of the Capitol.
(a)(1) The Architect of the Capitol shall be appointed
by the President by and with the advice and consent of the
Senate for a term of 10 years.
(2) There is established a commission to recommend
individuals to the President for appointment to the office
of Architect of the Capitol. The Commission shall be
composed of--
(A) the Speaker of the House of
Representatives,
(B) the President pro tempore of the Senate,
(C) the majority and minority leaders of the
House of Representatives and the Senate, and
(D) the chairmen and the ranking minority
members of the Committee on House Oversight of
the House of Representatives, the Committee on
Rules Administration of the Senate, the
Committee on Appropriations of the House of
Representatives, and the Committee on
Appropriations of the Senate.
The commission shall recommend at least three individuals
for appointment to such office.
(3) An individual appointed Architect of the Capitol
under paragraph (1) shall be eligible for reappointment to
such office.
(b) Subsection (a) of this section shall be effective in
the case of appointments made to fill vacancies in the
office of Architect of the Capitol which occur on or after
November 21, 1989. If no such vacancy occurs within the six-
year period which begins on November 21, 1989, no individual
may, after the expiration of such period, hold such office
unless the individual is appointed in accordance with
subsection (a). (Pub. L. 101-163, Title III, Sec. 319, Nov.
21, 1989, 103 Stat. 1068; Pub. L. 104-19, Sec. 701, July 27,
1995, 109 Stat. 220.)
501.2 Sec. 162a. Compensation of Architect of Capitol.
The compensation of the Architect of the Capitol shall
be at an annual rate which is equal to the annual rate of
basic pay payable for positions at level III of the
Executive Schedule under section 5314 of Title 5. (Aug. 14,
1964, Pub. L. 88-426, Sec. 203(c), 78 Stat. 415; Dec. 16,
1967, Pub. L. 90-206, Sec. 219, 81 Stat. 639; Salary
Recommendations, Budget, 1970, pursuant to Act Dec. 16,
1967, Pub. L. 90-206, Sec. 225(h), 81 Stat. 634; August 9,
1975, Pub. L. 94-82, Title II, Sec. 204(b), 89 Stat. 421;
Dec. 14, 1979, Pub. L. 96-146, Sec. 1(1), 93 Stat. 1086.)
501.3 Sec. 162b. Semiannual report of expenditures by Architect of
Capitol.
(1) Commencing with the semiannual period beginning
January 1, 1965, and for each semiannual period thereafter,
the Architect of the Capitol shall compile and, not later
than sixty days following the close of the semiannual
period, submit to the Senate and the House of
Representatives a report of all expenditures made from
monies appropriated to the Architect of the Capitol, based
on payrolls and other vouchers transmitted during such
period to the Treasury Department for disbursement, such
report to include (1) the name, title, and gross salary
payment to each employee; (2) a list of government
contributions to retirement, health insurance, and other
similar funds; and (3) name of payee, brief description of
service rendered or items furnished under contract, purchase
order or other agreement. Such report shall be printed as a
Senate document.
(2) The report by the Architect of the Capitol under
paragraph (1) for the semiannual period beginning on January
1, 1976, shall include the period beginning on July 1, 1976,
and ending on September 30, 1976, and such semiannual period
shall be treated as closing on September 30, 1976.
Thereafter, the report by the Architect of the Capitol under
paragraph (1) shall be for the semiannual periods beginning
on October 1 and ending on March 31 and beginning on April 1
and ending on September 30 of each year. (As amended Pub. L.
94-303, Title I, Sec. 118(c), June 1, 1976, 90 Stat. 616.)
502 Sec. 163. Care and superintendence of Capitol by Architect
of Capitol.
The Architect of the Capitol shall have the care and
superintendence of the Capitol, including lighting. His
office shall be in the Capitol Building. (Aug. 15, 1876, ch.
287, Sec. 1, 19 Stat. 147; Mar. 3, 1877, ch. 102, 19 Stat.
298; Oct. 31, 1951, ch. 654, Sec. 3(14), 65 Stat. 708.)
503 Sec. 163a. Exterior of Capitol, duty of Architect.
It shall be the duty of the Architect to clean and keep
in proper order the exterior of the Capitol. (July 7, 1884,
ch. 332, 23 Stat. 209.)
504 Sec. 163b. Delegation of authority by Architect of Capitol.
The Architect of the Capitol is authorized hereafter to
delegate to the Assistant Architect and other assistants
such authority of the Architect as he may deem proper. (Aug.
5, 1955, ch. 568, 69 Stat. 515.)
505 Sec. 164a. Assistant Architect of Capitol to act in case of
absence, disability, or vacancy.
On and after August 18, 1970, the Assistant Architect of
the Capitol shall act as Architect of the Capitol during the
absence or disability of that official or whenever there is
no Architect. (Aug. 18, 1970, Pub. L. 91-382, Sec. 101, 84
Stat. 817; Pub. L. 101-163, Sec. 106(d), 103 Stat. 1057,
Nov. 21, 1989.)
506 Sec. 166. Architect of Capitol; repairs of Capitol.
All improvements, alterations, additions, and repairs of
the Capitol Building shall be made by the direction and
under the supervision of the Architect of the Capitol. (R.S.
Sec. 1816; Feb. 14, 1902, ch. 17, Sec. 1, 32 Stat. 20; Mar.
3, 1921, ch. 124, Sec. 1, 41 Stat. 1291; Oct. 31, 1951, ch.
654, Sec. 3(15), 65 Stat. 708.)
506.1 Extension, Reconstruction, and Replacement of Central
Portion of the United States Capitol
Section 101 of Act of August 5, 1955, as amended by the
Act of September 29, 1969, Pub. L. 91-77, 83 Stat. 124,
provides in part that:
``The Architect of the Capitol is hereby authorized,
under the direction of a Commission for Extension of the
United States Capitol, to be composed of the President of
the Senate, the Speaker of the House of Representatives, the
majority leader of the Senate, the majority leader of the
House of Representatives, the minority leader of the House
of Representatives, and the Architect of the Capitol, to
provide for the extension, reconstruction, and replacement
of the central portion of the United States Capitol in
substantial accordance with scheme B of the architectural
plan submitted by a joint commission of Congress and
reported to Congress on March 3, 1905 (House Document
numbered 385, Fifty-eighth Congress), but with such
modifications and additions, including provisions for
restaurant facilities, and such other facilities on the
Capitol Grounds, together with utilities, equipment,
approaches, and other appurtenant or necessary items, as may
be approved by said Commission.''
Cross Reference
Changes in architectural features of the Capitol
Building or in landscape features of Capitol Grounds, see
section 162 of this title (Senate Manual section 501).
Note
Section 305 of the Legislative Branch Appropriations
Act, 1993, provided that:
``Sec. 305. (a) The Architect of the Capitol, in
consultation with the heads of the agencies of the
legislative branch, shall develop an overall plan for
satisfying the telecommunications requirements of such
agencies, using a common system architecture for maximum
interconnection capability and engineering compatibility.
The plan shall be subject to joint approval by the Committee
on House Administration of the House of Representatives and
the Committee on Rules and Administration of the Senate,
and, upon approval, shall be communicated to the Committee
on Appropriations of the House of Representatives and the
Committee on Appropriations of the Senate. No part of any
appropriation in this Act or any other Act shall be used for
acquisition of any new or expanded telecommunications system
for an agency of the legislative branch, unless, as
determined by the Architect of the Capitol, the acquisition
is in conformance with the plan, as approved.
``(b) As used in this section--
``(1) the term ``agency of the legislative branch''
means, the Office of the Architect of the Capitol, the
Botanic Garden, the General Accounting Office, the
Government Printing Office, the Library of Congress, the
Office of Technology Assessment, and the Congressional
Budget Office; and
``(2) the term ``telecommunications system'' means an
electronic system for voice, data, or image
communication, including any associated cable and
switching equipment.''
``(c) This section shall apply with respect to fiscal
years beginning after September 30, 1992.'' (Pub. L. 102-
392, Title III, Sec. 305, Oct. 6, 1992, 106 Stat. 1721.)
Note
Section 168 of the Energy Policy Act, 1992, provided
Energy Management Requirements for Congressional Buildings
as follows:
``(a) In general.--The Architect of the Capitol
(hereafter in this section [this note] referred to as the
`Architect') shall undertake a program of analysis and, as
necessary, retrofit of the Capitol Building, the Senate
Office Buildings, the House Office Buildings, and the
Capitol Grounds, in accordance with subsection (b).
``(b) Program.--
``(1) Lighting.--
``(A) Implementation.--
``(i) In general.--Not later than 18 months after the date of the enactment
of this Act [Oct. 24, 1992] and subject to the availability of funds to
carry out this section [this note], the Architect shall begin implementing
a program to replace in each building described in subsection (a) all
inefficient office and general use area fluorescent lighting systems with
systems that incorporate the best available design and technology and that
have payback periods of 10 years or less, as determined by using methods
and procedures established under section 544(a) of the National Energy and
Conservation Policy Act (42 U.S.C. 8254(a)).
``(ii) Replacement of incandescent lighting.--Whenever practicable in
office and general use areas, the Architect shall replace incandescent
lighting with efficient fluorescent lighting.
``(B) Completion.--Subject to the availability of funds to carry out this
section [this note], the program described in subparagraph (A) shall be
completed not later than 5 years after the date of the enactment of this
Act [Oct. 24, 1992].
``(2) Evaluation and report.--
``(A) In general.--Not later than 6 months after the date of the enactment
of this Act [Oct. 24, 1992], the Architect shall submit to the Speaker of
the House of Representatives and the President pro tempore of the Senate a
report evaluating potential energy conservation measures for each building
described in subsection (a) in the areas of heating, ventilation, air
conditioning equipment, insulation, windows, domestic hot water, food
service equipment, and automatic control equipment.
``(B) Costs.--The report submitted under subparagraph (A) shall detail the
projected installation cost, energy and cost savings, and payback period of
each energy conservation measure, as determined by using methods and
procedures established under section 544(a) of the National Energy
Conservation Policy Act (42 U.S.C. 8254(a)).
``(3) Review and approval of energy conservation
measures.--The Committee on Public Works and
Transportation of the House of Representatives and
the Committee on Rules and Administration of the
Senate shall review the energy conservation measures
identified in accordance with paragraph (2) and
shall approve any such measure before it may be
implemented.
``(4) Utility incentive programs.--In carrying
out this section [this note], the Architect is
authorized and encouraged to--
``(A) accept any rebate or other financial incentive offered through a
program for energy conservation or demand management of electricity, water,
or gas that--
``(i) is conducted by an electric, natural gas, or water utility;
``(ii) is generally available to customers of the utility; and
``(iii) provides for the adoption of energy efficiency technologies or
practices that the Architect determines are cost-effective for the
buildings described in subsection (a); and
``(B) enter into negotiations with electric and natural gas utilities to
design a special demand management and conservation incentive program to
address the unique needs of the buildings described in subsection (a).
``(5) Use of savings.--The Architect shall use
an amount equal to the rebate or other savings from
the financial incentive programs under paragraph
(4)(A), without additional authorization or
appropriation, for the implementation of additional
energy and water conservation measures in the
buildings under the jurisdiction of the Architect.
``(c) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this section [this note].'' (Pub. L. 102-486,
Title I, Sec. 168, Oct. 24, 1992, 106 Stat. 2862.)
507 Sec. 166a. [Omitted.].
508.1 Sec. 166b-1a. Compensation of employees under Architect of
the Capitol; single per annum gross rates of pay.
Whenever the rate of pay of--
(1) an employee of the Office of Architect
of the Capitol;
or
(2) an employee of the House Restaurant or
of the Senate Restaurant, under the supervision
of the Architect of the Capitol as an agent of
the House or Senate, respectively, as the case
may be,
is fixed or adjusted on or after the effective date of this
section, that rate, as so fixed and adjusted, shall be a
single per annum gross rate. (Oct. 26, 1970, Pub. L. 91-510,
Sec. 481, 84 Stat. 1196.)
508.2 Sec. 166b-1b. Conversion by Architect of Capitol of existing
basic pay rates to per annum gross pay rates.
The Architect of the Capitol shall convert, as of the
effective date of this section, to a single per annum gross
rate, the rate of pay of each employee described in
subparagraph (1) or subparagraph (2) of section 166b-1a of
this title, whose pay immediately prior to such effective
date was fixed at a basic rate with respect to which
additional pay was payable by law. (Oct. 26, 1970, Pub. L.
91-510, Sec. 482, 84 Stat. 1196.)
508.3 Sec. 166b-1c. Obsolete references in existing law to basic
pay rates.
In any case in which--
(1) the rate of pay of, or any maximum or
minimum rate of pay with respect to--
(A) any employee described in
subparagraph (1) or subparagraph (2) of
section 166b-1a of this title, or
(B) the position of such employee, or
(C) any class or group of such employees
or positions, is referred to in or provided
by statute or other authority;
and
(2) the rate so referred to or provided is a
basic rate with respect to which additional pay
is provided by law;
such statutory provision or authority shall be deemed to
refer, in lieu of such basic rate, to the per annum gross
rate which an employee receiving such basic rate immediately
prior to the effective date of this section would receive,
without regard to such statutory provision or authority,
under section 166b-1b of this title on and after such date.
(Oct. 26, 1970, Pub. L. 91-510, Sec. 483, 84 Stat. 1196.)
508.4 Sec. 166b-1d. Savings provisions.
The provisions of sections 166b-1a to 166b-1f of this
title shall not be construed to--
(1) limit or otherwise affect any authority
for the making of any appointment to, or for
fixing or adjusting the pay for, the position of
any employee described in subparagraph (1) or
subparagraph (2) of section 166b-1a of this
title;
(2) affect the continuity of employment of,
or reduce the pay of, any employee holding any
position referred to in subparagraph (1) of this
section; or
(3) modify, change, supersede, or otherwise
affect the provisions of sections 5504 and
6101(a)(5) of title 5, insofar as such sections
relate to the Office of the Architect of the
Capitol. (Oct. 26, 1970, Pub. L. 91-510,
Sec. 484, 84 Stat. 1197.)
508.5 Sec. 166b-1e. Effect on existing law.
(a) All provisions of law inconsistent with sections
166b-1a to 166b-1f of this title are hereby superseded to
the extent of the inconsistency.
(b) Sections 5504 and 6101(a)(5) of title 5 shall apply
to employees of the House and Senate Restaurants who are
paid at per annum rates of pay as long as such employees are
under the supervision of the Architect of the Capitol as an
agent of the House or Senate, respectively, as the case may
be. (Oct. 26, 1970, Pub. L. 91-510, Sec. 485, 84 Stat.
1197.)
508.6 Sec. 166b-1f. Exemptions.
Notwithstanding any other provision of sections 166b-1a
to 166b-1f of this title, the foregoing provisions of such
sections do not apply to any employee described in section
166b-1a of this title whose pay is fixed and adjusted--
(1) in accordance with chapter 51, and
subchapter III of chapter 53, of title 5,
relating to classification and General Schedule
pay rates;
(2) in accordance with subchapter IV of
chapter 53 of title 5, relating to prevailing
rate pay systems;
(3) at per hour or per diem rates in
accordance with section 3 of the Legislative Pay
Act of 1929, as amended (46 Stat. 38; 55 Stat.
615), relating to employees performing
professional and technical services for the
Architect of the Capitol in connection with
construction projects and employees under the
Office of the Architect of the Capitol whose
tenure of employment is temporary or of
uncertain duration; or
(4) in accordance with prevailing rates
under authority of sections 174j-1 to 174j-7 of
this title entitled ``Joint Resolution
transferring the management of the Senate
Restaurants to the Architect of the Capitol, and
for other purposes'', or section 174k of this
title, relating to the duties of the Architect
of the Capitol with respect to the House of
Representatives Restaurant. (Oct. 26, 1970, Pub.
L. 91-510, Sec. 486, 84 Stat. 1197.)
509 Sec. 166b-2. Registered nurses compensated under
appropriations for Capitol Buildings, Senate Office
Buildings, and House Office Buildings; allocation to
General Schedule salary grade.
Notwithstanding any other provision of law, effective on
the first day of the first applicable pay period which
begins on or after December 27, 1974, the positions of
registered nurses compensated under appropriations for
Capitol Buildings, Senate Office Buildings, and House Office
Buildings shall be allocated by the Architect of the Capitol
at not to exceed grade 12 of the General Schedule.
Notwithstanding any other provision of law, effective
January 1, 1975, none of the funds appropriated to the
Architect of the Capitol shall thereafter be available for
any nursing position unless the position is occupied by a
Registered Nurse: Provided, That such provision shall not be
applicable to the present incumbents of such positions.
(June 20, 1958, Pub. L. 85-462, 72 Stat. 208; Dec. 27, 1974,
Pub. L. 93-554, Sec. 101, 88 Stat. 1777; Pub. L. 101-520,
Sec. 109, Nov. 5, 1990, 104 Stat. 2269; Pub. L. 103-283,
Title I, Sec. 103, July 22, 1994, 108 Stat. 1435.)
509.1 Sec. 166b-3a. Compensation of certain positions in Office of
Architect of Capitol.
(a) Amount of compensation to be that specified in
appropriations Acts.
Notwithstanding any other provision of law, the pay for
positions described in subsection (b) shall be the amounts
specified for such positions in appropriations Acts.
(b) Positions covered.
The positions referred to in subsection (a) of this
section are--
(1) the position of assistant referred to in
the proviso in the first undesignated paragraph
under the center subheadings ``Office of the
Architect of the Capitol'' and ``salaries'' in
the first section of the Legislative Branch
Appropriation Act, 1971 (40 U.S.C. 164a), and
(2) the eight positions provided for in the
third and fourth undesignated paragraphs under
the center subheadings ``Office of the Architect
of the Capitol'' and ``salaries'' in the first
section of the Legislative Branch Appropriation
Act, 1960 (40 U.S.C. 166b-3).
(c) Calculation of amounts.
The pay for each position described in subsection (b)
shall be the pay payable for such position with respect to
the last pay period before this section takes effect,
subject to any applicable adjustment during fiscal year 1988
under, or by reference to any applicable adjustment during
fiscal year 1988 under, subchapter I of chapter 53 of title
5.
(d) Effective date.
This section shall apply in fiscal years beginning after
September 30, 1987, with respect to pay periods beginning
after December 22, 1987. (Pub. L. 100-202, Sec. 101(i)
[Title III, Sec. 308], Dec. 22, 1987, 101 Stat. 1329-309;
Pub. L. 101-163, Title I, Sec. 106(e), Nov. 21, 1989, 103
Stat. 1057.)
509.2 Sec. 166b-6. Assignment and reassignment of personnel by
Architect of the Capitol for personal services.
Notwithstanding any other provisions of law, in order to
improve the economic use of the personal services of his
employees, the Architect of the Capitol is authorized
hereafter to assign and reassign, without increase or
decrease in basic salary or wages, any person on the
employment rolls of his Office, for personal services in any
buildings, facilities or grounds under his jurisdiction or
for personal services in connection with any project under
his jurisdiction for which appropriations have been made and
are available, whenever such action, in his opinion, will be
most advantageous to the interest of or result in either
specific or overall savings to the Government. Exceptions
may be made where there are differences in equipment. No
assignment or reassignment of personnel by the Architect of
the Capitol pursuant to this provision shall operate in any
respect to augment or decrease any general or specific
appropriation. (Pub. L. 100-202, Sec. 106, Dec. 22, 1987,
101 Stat. 1329-433.)
Note
Sections 104 and 105 of Pub. L. 100-458, Oct. 1, 1988,
(102 Stat. 2171), provided that:
``Sec. 104. Notwithstanding any other provisions of law,
the Architect of the Capitol is hereby authorized to (1)
develop a pilot program to determine the economic
feasibility and efficiency of centralizing certain
maintenance functions, to assign and reassign, without
increase or decrease in basic salary or wages, any person on
the employment rolls of the Office of the Architect of the
Capitol, for personal services in any buildings, facilities,
or grounds under his jurisdiction for which appropriations
have been made and are available; (2) maintain appropriate
cost and productivity records for the program; and (3)
report to appropriate authorities, including the Committees
on Appropriations, on the results of the program, together
with recommendations for continuation or expansion of the
program.
``Sec. 105. The Architect of the Capitol, under the
direction of the Joint Committee on the Library, is
authorized to accept donations to restore and display the
Statue of Freedom model.''.
510 Sec. 168. Heating and ventilating Senate wing.
All engineers and others who are engaged in heating and
ventilating the Senate wing of the Capitol shall be subject
to the orders and in all respects under the direction of the
Architect of the Capitol, subject to the approval of the
Senate Committee on Rules and Administration. (July 11,
1888, ch. 615, Sec. 1, 25 Stat. 258; Aug. 2, 1946, ch. 753,
Sec. Sec. 102, 224, 60 Stat. 814, 838.)
511 Sec. 170. Purchase of furniture or carpets for House or
Senate.
No furniture or carpets for either House shall be
purchased without the written order of the chairman of the
Committee on Rules and Administration, for the Senate, or
without the written order of the chairman of the Committee
on House Oversight of the House of Representatives, for the
House of Representatives. (R.S. Sec. 1816; Aug. 2, 1946, ch.
753, Sec. Sec. 102, 121, 224, 60 Stat. 814, 822, 838; Aug.
20, 1996, Pub. L. 104-186, Title II, Sec. 221(2), 110 Stat.
1748.)
511.1 (Transferred)
Note
This section transferred to 2 U.S.C. Sec. 117b-1.
(Senate Manual section 300.)
512 Sec. 174b. Senate Office Building; approval of structural
changes by Architect of Capitol.
Structural changes in the Senate Office Building \1\
shall only be made with the approval of the Architect of the
Capitol. (July 1, 1941, ch. 268, Sec. 1, 55 Stat. 458.)
\1\See Senate Manual sections 79.8, 79.9.
513 Sec. 174b-1. Additional Senate office building.
Upon completion of the additional office building \1\
for the United States Senate, the building and the grounds
and sidewalks surrounding the same shall be subject to the
provisions of sections 174c, 174d, 193a--193m, 212a, and
212b of this title, in the same manner and to the same
extent as the present Senate Office Building\1\ and the
grounds and sidewalks surrounding the same. (June 25, 1948,
ch. 658, Sec. 1, 62 Stat. 1029.)
513.1 Extension of Additional Senate Office Building Site
To enable the Architect of the Capitol, under the
direction of the Senate Office Building Commission, to
acquire on behalf of the United States, by purchase,
condemnation, transfer, or otherwise, in addition to the
real property contained in square 724 in the District of
Columbia heretofore acquired under Public Law 85-429,
approved May 29, 1958 (72 Stat. 148-149), and Public Law 91-
382, approved August 18, 1970 (84 Stat. 819), for purposes
of further extension of such site or for additions to the
United States Capitol Grounds, all publicly or privately
owned real property contained in lot 18 in square 724 in the
District of Columbia, as such square appears on the records
in the Office of the Surveyor of the District of Columbia as
of the date of the approval of this Act: Provided, That for
the purposes of this Act, square 724 shall be deemed to
extent to the outer face of the curbs surrounding such
square: Provided further, That, upon acquisition of any real
property under this Act, the jurisdiction of the Capitol
Police shall extend over such property: Provided further,
That, any proceeding for condemnation brought under this Act
shall be conducted in accordance with the Act of December
23, 1963 (16 D.C. Code, secs. 1351-1368): Provided further,
That upon acquisition of any real property pursuant to this
Act, the Architect of the Capitol, when directed by the
Senate Office Building Commission to so act, is authorized
to provide for the demolition and/or removal of any
structures on, or constituting a part of, such property and
to use the property for Government purposes or to lease any
or all of such property for such periods and under such
terms and conditions as he may deem most advantageous to the
United States and to incur any necessary expenses in
connection therewith: Provided further, That, such real
property, when acquired under authority of this Act, shall
be subject to the provisions of the Act of July 31, 1946, as
amended (40 U.S.C. 193a-193m, 212a, and 212b): Provided
further, That, the Architect of the Capitol, under the
direction of the Senate Office Building Commission, is
authorized to enter into contracts and to make such
expenditures, including expenditures for personal and other
services, expenditures authorized by Public Law 91-646,
approved January 2, 1971 (84 Stat. 1894-1907), applicable to
the Architect of the Capitol, and expenditures for any other
required items, as may be necessary to carry out the
provisions of the appropriation; $270,000, to remain
available until expended. (Dec. 15, 1971, Pub. L. 92-184, 85
Stat. 637.)
513.2 Construction of an Extension to the New Senate Office
Building\1\
To enable the Architect of the Capitol, under the
direction of the Senate Office Building Commission, to
provide for the construction and equipment of an extension
to the New Senate Office Building,\1\ in accordance with
plans approved by such Commission and by the Senate
Committee on Public Works, on the east half of square 725
including the public alley separating the east and west
halves of such square, but excluding lot 885 in such square,
containing office rooms and such other rooms and
accommodations as may be approved by the Senate Office
Building Commission, and by the Senate Committee on Public
Works, including structural and other changes in the
existing new Senate Office Building \1\ necessitated by such
construction, together with approaches, connections with the
Capitol Power Plant and public utilities, and architectural
landscape treatment of the grounds: Provided, That upon
completion of the project, the building and the grounds and
sidewalks surrounding the same shall be subject to the
provisions of the Act of June 8, 1942 (40 U.S.C. 174 (c) and
(d)), and the Act of July 31, 1946 (40 U.S.C. 193a-193m,
212a and 212b) in the same manner and to the same extent as
the present Senate Office Buildings and the grounds and
sidewalks surrounding the same: Provided further, That
during each fiscal year, the Senate Committee on Public
Works shall examine the progress and costs of construction
of such building and take such steps as are necessary to
insure its economical construction: Provided further, That
the Architect of the Capitol, under the direction of the
Senate Office Building Commission, is authorized and
directed to enter into such contracts, incur such
obligations, and make such expenditures, including
expenditures for personal and other services, as may be
necessary to carry out the provisions of this paragraph;
$47,925,000, to remain available until expended.
513.3 Acquisition of Property as a Site for Parking Facilities for
the United States Senate
To enable the Architect of the Capitol, under the
direction of the Senate Office Building Commission, in
addition to the real property contained in square 724 in the
District of Columbia heretofore acquired under Public Law
85-429, approved May 29, 1958 (72 Stat. 148-149), Public Law
91-382, approved August 18, 1970 (84 Stat. 819), and Public
Law 92-184, approved December 15, 1971 (85 Stat. 637), to
acquire on behalf of the United States, by purchase,
condemnation, transfer, or otherwise, as a site for parking
facilities for the United States Senate, all publicly or
privately owned real property contained in lots 79, 80, 86,
94, 805, 806, 833, 838, 839, 840, and 844 in square 724 in
the District of Columbia, and all alleys or parts of alleys
and streets contained within the curblines surrounding such
square, as such square appears on the records in the office
of the surveyor of the District of Columbia as of the date
of the approval of this Act: Provided, That for the purposes
of this paragraph, square 724 shall be deemed to extend to
the outer face of the curbs surrounding such square:
Provided further, That, upon acquisition of any real
property under this paragraph, the jurisdiction of the
Capitol Police shall extend over such property, and any
property acquired under this paragraph shall become a part
of the United States Capitol Grounds and be subject to the
provisions of sections 193a-193m, 212a, and 212b of title
40, United States Code: Provided further, That any
proceeding for condemnation brought under this paragraph
shall be conducted in accordance with the Act of December
23, 1963 (16 D.C. Code secs. 1351-1368): Provided further,
That, notwithstanding any other provision of law, any real
property owned by the United States and any public alleys or
parts of alleys and streets contained within the curblines
surrounding square 724, shall, upon request of the Architect
of the Capitol, made with the approval of the Senate Office
Building Commission, be transferred to the jurisdiction and
control of the Architect of the Capitol without
reimbursement or transfer of funds, and any alleys or parts
of alleys or streets contained within the curblines of said
square shall be closed and vacated by the Commissioner of
the District of Columbia, appointed pursuant to part III of
Reorganization Plan Numbered 3 of 1967, in accordance with
any request therefore made by the Architect of the Capitol
with the approval of such Commission: Provided further,
That, upon acquisition of any real property pursuant to this
paragraph, the Architect of the Capitol, when directed by
the Senate Office Building Commission to so act, is
authorized to provide for the demolition and/or removal of
any buildings or other structures on, or constituting a part
of, such property and, pending demolition, to use the
property for Government purposes or to lease any or all of
such property for such periods and under such terms and
conditions as he may deem most advantageous to the United
States and to incur any necessary expenses in connection
therewith: Provided further, That nothing herein shall be
construed to prohibit the continued use of areas in square
724, acquired under authority of the Acts of May 29, 1958,
August 18, 1970, and December 15, 1971, herein before cited,
for the parking of automobiles, until such times as such
areas may be required for construction purposes: Provided
further, That the Architect of the Capitol, under the
direction of Senate Office Building Commission, is
authorized to enter into such contracts, incur such
obligations, and make such expenditures, including
expenditures for personal and other services, and
expenditures authorized by Public Law 91-646, approved
January 2, 1971 (84 Stat. 1894-1907) applicable to the
Architect of the Capitol, as may be necessary to carry out
the provisions of this paragraph; $4,075,000, to remain
available until expended.
513.4 Plans for Garage and Related Facilities for the United
States Senate
To enable the Architect of the Capitol to initiate and
conduct a study, after consultation with the appropriate
Federal agencies and individuals experienced in the design
of vehicle parking structures, to explore design and cost
alternatives for construction, on square 724, of a parking
garage with limited commercial facilities, and report his
preliminary findings and recommendations to the Senate
Committee on Public Works: Provided, That the Architect of
the Capitol, concurrently with such study, is authorized to
establish, for the purpose of development of a basic concept
therefor, an architectural design competition, in order to
encourage the preparation of an imaginative design for the
garage structure, including limited commercial facilities
and landscaping and to assure a pleasant transition to and
maximum coordination with the surrounding residential and
commercial community in that area of Northeast Washington
within sight of or adjoining the Capitol Grounds: Provided
further, That such design concept may consider and include
existing and future land use and structures in said
surrounding community, and shall consider any existing model
cities or other governmental planning for such Northeast
area, including that of the National Capitol Planning
Commission: Provided further, That guidelines and criteria
specifically defining the limits, scope, and all aspects of
the competition shall be developed and promulgated by the
Architect of the Capitol, with the approval of the Senate
Office Building Commission, and an award for the best design
or designs shall be determined by a committee jointly
designated for this purpose by the Architect of the Capitol
and the Senate Office Building Commission, in such amount as
they may deem to be appropriate: Provided further, That the
Architect of the Capitol, under the direction of the Senate
Office Building Commission, is authorized and directed to
enter into such contracts, incur such obligations, and make
such expenditures, including expenditures for personal and
other services, as may be necessary to carry out the
provisions of this paragraph; $50,000, to remain available
until expended. (Oct. 31, 1972, Pub. L. 92-607, 86 Stat.
1510.)
513.5 City Post Office Building; Leased Property as Part of Senate
Office Buildings
(a) Notwithstanding any other provision of law, the
Architect of the Capitol, subject to the approval of the
Committee on Rules and Administration, is authorized to
lease, for use by the United States Senate, and for such
other purposes as such committee may approve, 150,000 square
feet of space, more or less, in the property located at 2
Massachusetts Avenue, N.E., Washington, District of
Columbia, known as the City Post Office Building: Provided,
That rental payments shall be paid from the account
`Architect of the Capitol, Senate Office Buildings' upon
vouchers approved by the Architect of the Capitol: Provided
further, That nothing in this section shall be construed so
as to obligate the Senate or any of its Members, officers,
or employees to enter into any such lease or to imply any
obligation to enter into any such lease.
(b) Notwithstanding any other provision of law, property
leased under authority of subsection (a) shall be maintained
by the Architect of the Capitol as part of the `Senate
Office Buildings' subject to the laws, rules, and
regulations governing such buildings, and the Architect is
authorized to incur such expenses as may be necessary to
provide for such occupancy.
(c) There is hereby authorized to be appropriated to the
`Architect of the Capitol, Senate Office Buildings' such
sums as may be necessary to carry out the provisions of
subsections (a) and (b).
(d) There is authorized to be appropriated to the
Sergeant at Arms of the United States Senate such sums as
may be necessary to provide for the planning and relocation
of offices and equipment to the property described in
subsection (a), subject to direction by the Committee on
Rules and Administration.
(e) The authority under this section shall continue
until otherwise provided by law. (Pub. L. 101-520, Title I.
Sec. 107, Nov. 5, 1990, 104 Stat. 2267.)
513.6 Acquisition of Property For Use as Residential Facility For
United States Senate Pages
(a) Acquisition of property.--The Architect of the
Capitol, under the direction of the Senate Committee on
Rules and Administration, may acquire, on behalf of the
United States Government, by purchase, condemnation,
transfer or otherwise, as an addition to the United States
Capitol Grounds, all publicly and privately owned real
property in lots 34 and 35 in square 758 in the District of
Columbia as those lots appear on the records in the Office
of the Surveyor of the District of Columbia as the date of
the enactment of this Act [Aug. 3, 1992], extending to the
outer face of the curbs of the square in which such lots are
located and including all alleys or parts of alleys and
streets within the lot lines and curb lines surrounding such
real property, together with all improvements thereon.
(b) United States Capitol Grounds and Buildings.--
Immediately upon the acquisition by the Architect of the
Capitol, on behalf of the United States, of the real
property, and the improvements thereon, as provided under
subsection (a), the real property acquired shall be a part
of the United States Capitol Grounds, and the improvements
on such real property shall be a part of the Senate Office
Buildings. Such real property and improvements shall be
subject to the Act of July 31, 1946 (40 U.S.C. 193a et seq.)
[sections 193a to 193m, 212a, 212a-2 and 212b of this title
and provisions set out as notes under sections 193a and 193h
of this title], and the Act of June 8, 1942 (40 U.S.C. 174c)
[sections 174c and 174d of this title].
(c) Building codes.--The real property and improvements
acquired in accordance with subsection (a) shall be repaired
and altered, to the maximum extent feasible as determined by
the Architect of the Capitol, in accordance with a
nationally recognized model building code, and other
applicable nationally recognized codes (including electrical
codes, fire and life safety codes, and plumbing codes, as
determined by the Architect of the Capitol), using the most
current edition of the nationally recognized codes referred
to in this subsection.
(d) Repairs; expenditures.--The Architect of the Capitol
is authorized, without regard to the provisions of section
3709 of the Revised Statutes of the United States [section 5
of Title 41, Public Contracts], to enter into contracts and
to make expenditures for necessary repairs to, and
refurbishment of, the real property and the improvements on
such real property acquired in accordance with subsection
(a), including expenditures for personal and other services
as may be necessary to carry out the purposes of this Act
[this note]. In no event shall the aggregate value of
contracts and expenditures under this subsection exceed an
amount equal to that authorized to be appropriated pursuant
to subsection (e).
(e) Authorization.--There is authorized to be
appropriated to the account under the heading ``Architect of
the Capitol'' and the subheadings ``Capitol Buildings and
Grounds'' and ``Senate Office Buildings'', $2,000,000 for
carrying out the purposes of this Act [this note]. Moneys
appropriated pursuant to this authorization may remain
available until expended.
(f) Use of property.--The real property, and
improvements thereon, acquired in accordance with subsection
(a) shall be available to the Sergeant at Arms and
Doorkeeper of the Senate for use as a residential facility
for United States Senate Pages, and for such other purposes
as the Senate Committee on Rules and Administration may
provide. (Pub. L. 102-330, Aug. 3, 1992, 106 Stat 849.)
514 Sec. 174c. Control, care, and supervision of Senate office
building.
The Senate Office Building,\1\ and the employment of all
services (other than for officers and privates of the
Capitol Police) necessary for its protection, care, and
occupancy, together with all other items that may be
appropriated for by the Congress for such purposes, shall be
under the control and supervision of the Architect of the
Capitol, subject to the approval of the Senate Committee on
Rules and Administration as to matters of general policy;
and the Architect of the Capitol shall submit annually to
the Congress estimates in detail for all services (other
than for officers and privates of the Capitol Police) and
for all other expenses in connection with said office
building and necessary for its protection, care, and
occupancy. (June 8, 1942, ch. 396, Sec. 1, 56 Stat. 343;
Aug. 2, 1946, ch. 753, Sec. Sec. 102, 224, 60 Stat. 814,
838.)
\1\See Senate Manual sections 79.8, 79.9.
515 Sec. 174d. Assignment of space in Senate office building.
The assignment of rooms and other space in the Senate
Office Building \1\ shall be under the direction and control
of the Senate Committee on Rules and Administration and
shall not be a part of the duties of the Architect of the
Capitol. (June 8, 1942, ch. 396, Sec. 1, 56 Stat. 343; Aug.
2, 1946, ch. 753, Sec. Sec. 102, 224, 60 Stat. 814, 838.)
\1\ See Senate Manual sections 79.8, 79.9
516 Sec. 174d-1. Assignment of space for meetings of joint
committees, conference committees, etc.
The President pro tempore of the Senate and the Speaker
of the House of Representatives shall cause a survey to be
made of available space within the Capitol which could be
utilized for joint committee meetings, meetings of
conference committees, and other meetings, requiring the
attendance of both Senators and Members of the House of
Representatives; and shall recommend the reassignment of
such space to accommodate such meetings. (Aug. 2, 1946, ch.
753, Sec. 242, 60 Stat. 839.)
517 Sec. 174e. Certification of vouchers by Architect of
Capitol.
It shall not be a duty of the Architect of the Capitol
to certify any payroll or other voucher covering any
expenditure from any appropriation for the Senate Office
Building, or for any other building or activity, unless the
obligation involved was incurred by him or under his
direction. (June 8, 1942, ch. 396, Sec. 1, 56 Stat. 343.)
518 Sec. 174j-1. Senate Restaurants; management by Architect of
Capitol; approval of matters of general policy;
termination.
Effective August 1, 1961, the management of the Senate
Restaurants and all matters connected therewith, heretofore
under the direction of the Senate Committee on Rules and
Administration, shall be under the direction of the
Architect of the Capitol under such rules and regulations as
the Architect may prescribe for the operation and the
employment of necessary assistance for the conduct of said
restaurants by such business methods as may produce the best
results consistent with economical and modern management,
subject to the approval of the Senate Committee on Rules and
Administration as to matters of general policy: Provided,
That the management of the Senate Restaurant by the
Architect of the Capitol shall cease and the restaurants
revert from the jurisdiction of the Architect of the Capitol
to the jurisdiction of the Senate Committee on Rules and
Administration upon adoption by that committee of a
resolution ordering such transfer of jurisdiction at any
time hereafter. (Pub. L. 87-82, Sec. 1, July 6, 1961, 75
Stat. 199.)
Note
Section 5 of the Legislative Branch Appropriations Act,
1989, provided:
``Sec. 5. The Committee on Rules and Administration of
the Senate may provide for the distribution of unused food
from the Senate cafeterias under the jurisdiction of the
committee to the needy of the District of Columbia through
an appropriate private distribution organization selected by
the committee.'' (Pub. L. 100-458, Sec. 5, Oct. 1, 1988, 102
Stat. 2161.)
518.1 [Omitted.]
518.2 Sec. 174j-3. Authorization and direction to effectuate
purposes of sections 174j-1 to 174j-7 of this title
The Architect of the Capitol is authorized and directed
to carry into effect for the United States Senate the
provisions of sections 174j-1 to 174j-7 of this title and to
exercise the authorities contained herein, and any
resolution of the Senate amendatory hereof or supplementary
hereto hereafter adopted. Such authority and direction shall
continue until the United States Senate shall by resolution
otherwise order, or until the Senate Committee on Rules and
Administration shall by resolution order the restaurants to
be returned to the committee's jurisdiction. (Pub. L. 87-82,
Sec. 3, July 6, 1961, 75 Stat. 199.)
518.3 Sec. 174j-4. Special deposit account; establishment;
appropriations; approval of payments.
There is established with the Treasurer of the United
States a special deposit account in the name of the
Architect of the Capitol for the United States Senate
Restaurants, into which shall be deposited all sums received
pursuant to sections 174j-1 to 174j-7 of this title or any
amendatory or supplementary resolutions hereafter adopted
and from the operations thereunder and from which shall be
disbursed the sums necessary in connection with the exercise
of the duties required under section 174j-1 to 174j-7 of
this title or any amendatory or supplementary resolutions
and the operations thereunder. Any amounts appropriated for
fiscal year 1973 and thereafter from the Treasury of the
United States, which shall be part of a ``Contingent
Expenses of the Senate'' item for the particular fiscal year
involved, shall be paid to the Architect of the Capitol by
the Secretary of the Senate at such times and in such sums
as the Senate Committee on Rules and Administration may
approve. Any such payment shall be deposited by the
Architect in full under such special deposit account. (July
6, 1961, Pub. L. 87-82, Sec. 4, 75 Stat. 199; July 9, 1971,
Pub. L. 92-51, Sec. 101, 85 Stat. 129; July 10, 1972, Pub.
L. 92-342, Sec. 101, 86 Stat. 435.)
518.4 Sec. 174j-5. Deposits and disbursements under special
deposit account.
Deposits and disbursements under such special deposit
account (1) shall be made by the Architect, or, when
directed by him, by such employees of the Architect as he
may designate, and (2) shall be subject to audit by the
General Accounting Office at such times and in such manner
as the Comptroller General may direct: Provided, That
payments made by or under direction of the Architect of the
Capitol from such special deposit account shall be
conclusive upon all officers of the Government. (Pub. L. 87-
82, Sec. 5, July 6, 1961, 75 Stat. 200.)
518.5 Sec. 174j-6. Bond of Architect, Assistant Architect, and
other employees.
The Architect, Assistant Architect, and any employees of
the Architect designated by the Architect under section
174j-5 of this title shall each give bond in the sum of
$5,000 with such surety as the Secretary of the Treasury may
approve for the handling of the financial transactions under
such special deposit account. (Pub. L. 87-82, Sec. 6, July
6, 1961, 75 Stat. 200.)
518.6 Sec. 174j-7. Supersedure of prior provisions for maintenance
and operation of Senate Restaurants.
This Act shall supersede any other Acts or resolutions
heretofore approved for the maintenance and operation of the
Senate Restaurants: Provided, however, That any Acts or
resolutions now in effect shall again become effective,
should the restaurants at any future time revert to the
jurisdiction of the Senate Committee on Rules and
Administration. (Pub. L. 87-82, Sec. 7, July 6, 1961, 75
Stat. 200.)
518.6-1 Sec. 174j-8. Management personnel and miscellaneous
expenses; availability of appropriations; annual and
sick leave.
Hereafter, appropriations for the ``Senate Office
Buildings'' shall be available for employment of management
personnel of the Senate restaurant facilities and
miscellaneous restaurant expenses (except cost of food and
cigar stand sales) and, in fixing the compensation of such
personnel, the compensation of four positions hereafter to
be designated as Director of Food Service, Assistant
Director of Food Service, Manager (special functions), and
Administrative Officer shall be fixed by the Architect of
the Capitol without regard to chapter 51 and subchapters III
and IV of chapter 53 of title 5, and shall thereafter be
adjusted in accordance with section 5307 of title 5. Annual
and sick leave balances of such personnel, as of July 9,
1971, shall be credited to the leave accounts of such
personnel, subject to the provisions of section 6304 of
title 5, upon their transfer to the appropriation for Senate
Office Buildings and such personnel shall continue, while
employed by the Architect of the Capitol, to earn leave at
rates not less than their present accrual rates. (Pub. L.
92-51, Sec. 101, July 9, 1971, 85 Stat. 138, amended Pub. L.
94-59, Title V, Sec. 500, July 25, 1975, 89 Stat. 289; Pub.
L. 101-509, 104 Stat. 1440, Nov. 5, 1990.)
518.6-2 Sec. 174j-9. Loans for Senate Restaurants.
(a) Borrowing authority.
Subject to the approval of the Senate Committee on Rules
and Administration, the Architect of the Capitol shall have
authority to borrow (and be accountable for), from time to
time, from the appropriation account, within the contingent
fund of the Senate, for ``Miscellaneous Items'', such amount
as he may determine necessary to carry out the provisions of
the joint resolution entitled ``Joint Resolution
transferring the management of the Senate Restaurants to the
Architect of the Capitol, and for other purposes'', approved
July 6, 1961, as amended (40 U.S.C. 174j-1 through 174j-8),
and resolutions of the Senate amendatory thereof or
supplementary thereto.
(b) Amount and period of loan; voucher.
Any such loan authorized pursuant to subsection (a) of
this section shall be for such amount and for such period as
the Senate Committee on Rules and Administration shall
prescribe and shall be made by the Secretary of the Senate
to the Architect of the Capitol upon a voucher approved by
the Chairman of the Senate Committee on Rules and
Administration.
(c) Deposit, credit, and future availability of proceeds
from repayment.
All proceeds from the repayment of any such loan shall
be deposited in the appropriation account, within the
contingent fund of the Senate, for ``Miscellaneous Items'',
shall be credited to the fiscal year during which such loan
was made, and shall thereafter be available for the same
purposes for which the amount loaned was initially
appropriated. (Pub. L. 98-396, Title I, Sec. 101, Aug. 22,
1984, 98 Stat. 1395.)
518.7 Sec. 184a. John W. McCormack Residential Page School
(a) Construction authorization for dormitory and
classroom facilities complex.--There is hereby authorized to
be constructed, on a site jointly approved by the Senate
Office Building Commission and the House Office Building
Commission, in accordance with plans which shall be prepared
by or under the direction of the Architect of the Capitol
and which shall be submitted to and jointly approved by the
Senate Office Building Commission and the House Office
Building Commission, a fireproof building containing
dormitory and classroom facilities, including necessary
furnishings and equipment, for pages of the Senate, the
House of Representatives, and the Supreme Court of the
United States.
(b) Acquisition of property in District of Columbia.--
The Architect of the Capitol, under the joint direction and
supervision of the Senate Office Building Commission and the
House Office Building Commission, is authorized to acquire
on behalf of the United States, by purchase, condemnation,
transfer, or otherwise, such publicly or privately owned
real property in the District of Columbia (including all
alleys, and parts of alleys, and streets within the
curblines surrounding such real property) located in the
vicinity of the United States Capitol Grounds, as may be
approved jointly by the Senate Office Building Commission
and the House Office Building Commission, for the purpose of
constructing on such real property, in accordance with this
section, a suitable dormitory and classroom facilities
complex for pages of the Senate, the House of
Representatives, and the Supreme Court of the United States.
(c) Condemnation proceedings.--Any proceeding for
condemnation instituted under subsection (b) of this section
shall be conducted in accordance with subchapter IV of
chapter 13 of title 16 of the District of Columbia Code.
(d) Transfer of United States owned property.--
Notwithstanding any other provision of law, any real
property owned by the United States, and any alleys, or
parts of alleys and streets, contained within the curblines
surrounding the real property acquired on behalf of the
United States under this section shall be transferred, upon
the request of the Architect of the Capitol made with the
joint approval of the Senate Office Building Commission and
the House Office Building Commission, to the jurisdiction
and control of the Architect of the Capitol.
(e) Alley and street closures by Mayor of District of
Columbia.--Notwithstanding any other provision of law, any
alleys, or parts of alleys and streets, contained within the
curblines surrounding the real property acquired on behalf
of the United States under this section shall be closed and
vacated by the Mayor of the District of Columbia in
accordance with any request therefor made by the Architect
of the Capitol with the joint approval of the Senate Office
Building Commission and the House Office Building
Commission.
(f) United States Capitol Grounds provisions
applicable.--Upon the acquisition on behalf of the United
States of all real property under this section, such
property shall be a part of the United States Capitol
Grounds and shall be subject to the provisions of sections
193a to 193m, 212a, 212a-2, and 212b of this title.
(g) Designation; employment of services under
supervision and control of Architect of Capitol; joint
approval and direction of Speaker and President pro tempore;
annual estimates to Congress; regulations governing
Architect of Capitol.--The building constructed on the real
property acquired under this section shall be designated the
``John W. McCormack Residential Page School''. The
employment of all services (other than that of the United
States Capitol Police) necessary for its protection, care,
maintenance, and use, for which appropriations are made by
Congress, shall be under the control and supervision of the
Architect of the Capitol. Such supervision and control shall
be subject to the joint approval and direction of the
Speaker and the President pro tempore. The Architect shall
submit annually to the Congress estimates in detail for all
services, other than those of the United States Capitol
Police or those provided in connection with the conduct of
school operations and the personal supervision of pages, and
for all other expenses in connection with the protection,
care, maintenance, and use of the John W. McCormack
Residential Page School. The Speaker and the President pro
tempore shall prescribe, from time to time, regulations
governing the Architect in the provision of services and the
protection, care, and maintenance, of the John W. McCormack
Residential Page School.
(h) Joint appointee for supervision and control over
page activities; regulations; Residence Superintendent of
Pages; appointment, compensation, and duties; additional
personnel: appointment and compensation.--The Speaker of the
House of Representatives and the President pro tempore of
the Senate jointly shall designate an officer of the House
and an officer of the Senate, other than a Member of the
House or Senate, who shall jointly exercise supervision and
control over the activities of the pages resident in the
John W. McCormack Residential Page School. With the approval
of the Speaker and the President pro tempore, such officers
so designated shall prescribe regulations governing--
(1) the actual use and occupancy of the John
W. McCormack Residential Page School including,
if necessary, the imposition of a curfew for
pages;
(2) the conduct of pages generally; and
(3) other matters pertaining to the
supervision, direction, safety, and well-being
of pages in off-duty hours.
Such officers, subject to the approval of the Speaker and
the President pro tempore, jointly shall appoint and fix the
per annum gross rate of pay of a Residence Superintendent of
Pages, who shall perform such duties with respect to the
supervision of pages resident therein as those officials
shall prescribe. In addition, such officers, subject to the
approval of the Speaker and the President pro tempore,
jointly shall appoint and fix the per annum gross rates of
pay of such additional personnel as may be necessary to
assist those officers and the Residence Superintendent of
Pages in carrying out their functions under this section.
(i) Sections 88(a) and 88(b) of title 2 unaffected.--
Nothing in section 88b-1 of title 2 and this section shall
affect the operation of section 88b of title 2, relating to
educational facilities of pages and other minors who are
congressional employees. (Oct. 26, 1970, Pub. L. 91-510,
Sec. 492, 84 Stat. 1199; Dec. 24, 1973, Pub. L. 93-198,
Sec. 421, 87 Stat. 789; Aug. 20, 1996, Pub. L. 104-186,
Title II, Sec. 204(34)(c), 110 Stat. 1734.)
518.8 Acquisition of Property as an Addition to the Capitol
Grounds
To enable the Architect of the Capitol to acquire on
behalf of the United States, as an addition to the United
States Capitol Grounds, by purchase, condemnation, transfer,
or otherwise, all publicly or privately owned property
contained in square 764 in the District of Columbia, and all
alleys or parts of alleys contained within the curblines
surrounding such square, as such square appears on the
records in the office of the surveyor of the District of
Columbia as of the date of the approval of this Act:
Provided, That any proceeding for condemnation brought
under this paragraph shall be conducted in accordance with
the Act of December 23, 1963 (16 D.C. Code, secs. 1351-
1368): Provided further, That for the purposes of this
paragraph, square 764 shall be deemed to extend to the outer
face of the curbs surrounding such square: Provided further,
That notwithstanding any other provision of law, any real
property owned by the United States and any public alleys or
parts of alleys and streets contained within the curblines
surrounding such square shall, upon request of the Architect
of the Capitol, be transferred to the jurisdiction and
control of the Architect of the Capitol without
reimbursement or transfer of funds, and any alleys or parts
of alleys or streets contained within the curblines of said
square shall be closed and vacated by the Commissioner of
the District of Columbia, appointed pursuant to part III of
Reorganization Plan numbered 3 of 1967, in accordance with
any request therfor made by the Architect of the Capitol:
Provided further, That, upon acquisition of such real
property pursuant to this paragraph, the Architect of the
Capitol is authorized to use such property as a green park
area, pending its development for permanent use as the site
of the John W. McCormack Residential Page School, subject to
the approval of the Senate Office Building Commission and
the House Office Building Commission: Provided further, That
the jurisdiction of the Capitol Police shall extend over any
real property acquired under this paragraph and such
property shall become a part of the United States Capitol
Grounds and be subject to the provisions of sections 193a-
193m, 212a, and 212b of title 40, United States Code:
Provided further, That the Architect of the Capitol, under
the direction of the Senate Office Building Commission and
the House Office Building Commission, is authorized and
directed to enter into such contracts, incur such
obligations, and make such expenditures, including
expenditures for personal and other services, as may be
necessary to carry out the provisions of this paragraph;
$1,450,000, to remain available until expended. (Oct. 31,
1972, Pub. L. 92-607, 86 Stat. 1512.)
519 Sec. 185a. Senate garage; control, supervision, servicing of
official motor vehicles.
(a) The employees of the Senate garage engaged by the
Architect of the Capitol for the primary purpose of
servicing official motor vehicles, together with the
functions performed by such employees, shall, on October 1,
1980, be transferred to the jurisdiction of the Sergeant at
Arms and Doorkeeper of the Senate: Provided further, That,
effective July 1, 1965, the underground space in the north
extension of the Capitol Grounds, known as the Legislative
Garage shall hereafter be known as the Senate Garage and
shall be under the jurisdiction and control of the Architect
of the Capitol, subject to such regulations respecting the
use thereof as may be promulgated by the Senate Committee on
Rules and Administration: Provided further, That, such
regulations shall provide for the continued assignment of
space and the continued furnishing of service in such garage
for official motor vehicles of the House and the Senate and
the Architect of the Capitol and Capitol Grounds maintenance
equipment.
(b) As used in subsection (a) of this section, the term
``servicing'' includes, with respect to an official motor
vehicle, the washing and fueling of such vehicle, the
checking of its tires and battery, and checking and adding
oil. (June 30, 1932, ch. 314, Sec. 1, 47 Stat. 391; Aug. 20,
1964, Pub. L. 88-454, 78 Stat. 545; Oct. 13, 1980, Pub. L.
96-444, Sec. 1(a)(1), (b), 94 Stat. 1889.)
520 Sec. 186. Transfer of material and equipment to Architect.
The Secretary of the Army is authorized to transfer,
without payment, to the Architect of the Capitol, such
material and equipment, not required by the Department of
the Army, as the Architect may request for use at the
Capitol powerplant, the Capitol Building, and the Senate and
House Office Buildings. (June 5, 1920, ch. 253, Sec. 1, 41
Stat. 1035; Mar. 3, 1921, ch. 124, Sec. 1, 41 Stat. 1291.)
521 Sec. 187. National Statuary Hall.
Suitable structures and railings shall be erected in the
old hall of Representatives for the reception and protection
of statuary, and the same shall be under the supervision and
direction of the Architect of the Capitol. And the President
is authorized to invite all the States to provide and
furnish statues, in marble or bronze, not exceeding two in
number for each State, of deceased persons who have been
citizens thereof, and illustrious for their historic renown
or for distinguished civic or military services, such as
each State may deem to be worthy of this national
commemoration; and when so furnished, the same shall be
placed in the old hall of the House of Representatives, in
the Capitol of the United States, which is set apart, or so
much thereof as may be necessary, as a national statuary
hall for the purpose indicated in this section. (R.S.
Sec. 1814; Aug. 15, 1876, ch. 287, Sec. 1, 19 Stat. 147;
Mar. 3, 1921, ch. 124, Sec. 1, 41 Stat. 1291.)
521.1 Location of Statues
House Concurrent Resolution 47, passed Feb. 24, 1933, 47
Stat. Part 2, 1784, provided:
``That the Architect of the Capitol, upon the approval
of the Joint Committee on the Library, with the advice of
the Commission on Fine Arts, is hereby authorized and
directed to relocate within the Capitol any of the statues
already received and placed in Statuary Hall, and to provide
for the reception and location of the statues received
hereafter from the States.''
522 Sec. 188. Works of fine arts.
The Joint Committee on the Library, whenever, in their
judgment, it is expedient, are authorized to accept any work
of the fine arts, on behalf of Congress, which may be
offered, and to assign the same such place in the Capitol as
they may deem suitable, and shall have the supervision of
all works of art that may be placed in the Capitol. (R.S.
Sec. 1831.)
522a Sec. 188a. United States Capitol Preservation Commission.
(a) Establishment and purposes.
There is established in the Congress the United States
Capitol Preservation Commission (hereinafter in sections
188a to 188a-5 of this title referred to as the
``Commission'') for the purposes of----
(1) providing for improvements in,
preservation of, and acquisitions for, the
United States Capitol;
(2) providing for works of fine art and
other property for display in the United States
Capitol and at other locations under the control
of the Congress; and
(3) conducting other activities that
directly facilitate, encourage, or otherwise
support any purposes specified in paragraph (1)
or (2).
(b) Membership.
The Commission shall be composed of the following
Members of Congress:
(1) The President pro tempore of the Senate
and the Speaker of the House of Representatives,
who shall be co-chairmen.
(2) The Chairman and Vice-Chairman of the
Joint Committee on the Library.
(3) The Chairman and the ranking minority
party member of the Committee on Rules and
Administration of the Senate, and the Chairman
and the ranking minority party member of the
Committee on House Oversight of the House of
Representatives.
(4) The majority leader and the minority
leader of the Senate.
(5) The majority leader and the minority
leader of the House of Representatives.
(6) The Chairman of the Commission on the
Bicentennial of the United States Senate and the
Chairman of the Commission of the House of
Representatives Bicentenary, to be succeeded
upon expiration of such commissions, by a
Senator or Member of the House of
Representatives, as appropriate, appointed by
the Senate or House of Representatives co-
chairman of the Commission, respectively.
(7) One Senator appointed by the President
pro tempore of the Senate and one Senator
appointed by the minority leader of the Senate.
(8) One Member of the House of
Representatives appointed by the Speaker of the
House of Representatives and one Member of the
House of Representatives appointed by the
minority leader of the House of Representatives.
(c) Designees.
Each member of the Commission specified under subsection
(b) of this section (other than a member under paragraph (7)
or (8) of such subsection) may designate a Senator or Member
of the House of Representatives, as the case may be, to
serve as a member of the Commission in place of the member
so specified.
(d) Architect of the Capitol.
In addition to the members under subsection (b) of this
section, the Architect of the Capitol shall participate in
the activities of the Commission, ex officio, and without
the right to vote.
(e) Staff support and assistance.
The Senate Commission on Art, the House of
Representatives Fine Arts Board, and the Architect of the
Capitol shall provide to the Commission such staff support
and assistance as the Commission may request.
(Pub. L. 100-696, Title VIII, Sec. 801, Nov. 18, 1988, 102
Stat. 4608; Pub. L. 104-186, Title II, Sec. 221(7), Aug. 20,
1996, 110 Stat. 1749.)
522a-1 Sec. 188a-1. Authority of Commission to accept gifts and
conduct other transactions relating to works of fine art
and other property.
(a) In general.
In carrying out the purposes referred to in section
188a(a) of this title the Commission is authorized--
(1) to accept gifts of works of fine art,
gifts of other property, and gifts of money; and
(2) to acquire property, administer
property, dispose of property, and conduct other
transactions related to such purposes.
(b) Transfer and disposition of works of fine art and other
property.
The Commission shall, with respect to works of fine art
and other property received by the Commission--
(1) in consultation with the Joint Committee
on the Library, the Senate Commission on Art, or
the House of Representatives Fine Arts Board, as
the case may be, transfer such property to the
entity consulted;
(2) if a transfer described in paragraph (1)
is not appropriate, dispose of the work of fine
art by sale or other transaction; and
(3) in the case of property that is not
directly related to the purposes referred to in
section 188a(a) of this title, dispose of such
property by sale or other transaction.
(c) Requirements for conduct of transactions.
In conducting transactions under this section, the
Commission shall--
(1) accept money only in the form of a check
or similar instrument made payable to the
Treasury of the United States and shall deposit
any such check or instrument in accordance with
section 188a-2 of this title;
(2) in making sales and engaging in other
property transactions, take into consideration
market conditions and other relevant factors;
and
(3) assure that each transaction is directly
related to the purposes referred to in section
188a(a) of this title. (Pub. L. 100-696, Title
VIII, Sec. 802, Nov. 18, 1988, 102 Stat. 4609;
Pub. L. 101-302, Title III, Sec. 312(a), May 25,
1990, 104 Stat. 245.)
522a-2 Sec. 188a-2. Capitol Preservation Fund.
(a) In general.
There is established in the Treasury a fund, to be known
as the ``Capitol Preservation Fund'' (hereafter in sections
188a to 188a-5 of this title referred to as the ``fund''),
which shall consist of (1) amounts deposited, and interest
and proceeds credited, under subsection (d) of this section,
(2) obligations obtained under subsection (e) of this
section, and (3) all surcharges received by the Secretary of
the Treasury from the sale of coins minted under the
Bicentennial of the United States Congress Commemorative
Coin Act.
(b) Availability of fund.
The fund shall be available to the Commission--
(1) for payment of transaction costs and
similar expenses incurred under section 188a-1
of this title;
(2) subject to the approval of the Committee
on Appropriations of the House of
Representatives and the Committee on
Appropriations of the Senate, for improvement
and preservation projects for the United States
Capitol;
(3) for disbursement with respect to works
of fine art and other property as provided in
section 188a-1 of this title; and
(4) for such other payments as may be
required to carry out section 188a of this title
or section 188a-1 of this title.
(c) Transaction costs and proportionality.
In carrying out this section, the Commission shall, to
the extent practicable, take such action as may be
necessary--
(1) to minimize disbursements under
subsection (b)(1) of this section; and
(2) to equalize disbursements under
subsection (b) of this section between the
Senate and the House of Representatives.
(d) Deposits, credits, and disbursements.
The Commission shall deposit in the fund gifts of money
and proceeds of transactions under section 188a-1 of this
title. The Secretary of the Treasury shall credit to the
fund the interest on, and the proceeds from sale or
redemption of, obligations held in the fund. Disbursements
from the fund shall be made on vouchers approved by the
Commission and signed by the co-chairmen.
(e) Investments.
The Secretary of the Treasury shall invest any portion
of the fund that, as determined by the Commission, is not
required to meet current withdrawals. Each investment shall
be made in an interest bearing obligation of the United
States or an obligation guaranteed as to principal and
interest by the United States that, as determined by the
Commission has a maturity suitable for the fund. In carrying
out this subsection, the Secretary may make such purchases,
sales, and redemptions of obligations as may be approved by
the Commission.
(Pub. L. 100-696, Title VIII, Sec. 803, Nov. 18, 1988, 102
Stat. 4609; Pub. L. 101-302, Title III, Sec. 312(b), May 25,
1990, 104 Stat. 245.)
522a-3 Sec. 188a-3. Audits by the Comptroller General.
The Comptroller General shall conduct annual audits of
the transactions of the Commission and shall report the
results of each audit to the Congress. (Pub. L. 100-696,
Title VIII, Sec. 804, Nov. 18, 1988, 102 Stat. 4610.)
522a-4 Sec. 188a-4. Advisory boards.
The Commission may establish appropriate boards to
provide advice and assistance to the Commission and to
further the purposes of the Commission. The boards shall be
composed of members (including chairmen) who shall be
appointed by the Commission from public and private life and
shall serve at the pleasure of the Commission and each co-
chairman of the Commission may appoint one member to any
such board. The members of boards under this section may be
reimbursed for actual and necessary expenses incurred in the
performance of the duties of the boards, at the discretion
of the Commission. (Pub. L. 100-696, Title VIII, Sec. 805,
Nov. 18, 1988, 102 Stat. 4610.)
522a-5 Sec. 188a-5. ``Members of the House of Representatives''
defined.
As used in sections 188a to 188a-5 of this title, the
term ``Member of the House of Representatives'' means a
Representative in, or a Delegate or Resident Commissioner
to, the Congress. (Pub. L. 100-696, Title VIII, Sec. 806,
Nov. 18, 1988, 102 Stat. 4610.)
522b
522b Sec. 188b. Senate Commission on Art.
(a) Establishment.
There is hereby established a Senate Commission on Art
(hereinafter referred to as ``the Commission'') consisting
of the President pro tempore of the Senate, the chairman and
ranking minority member of the Committee on Rules and
Administration of the Senate, and the majority and minority
leaders of the Senate.
(b) Chairman and Vice Chairman; quorum; Executive Secretary.
The Commission shall elect a Chairman and a Vice
Chairman at the beginning of each Congress. Three members of
the Commission shall constitute a quorum for the transaction
of business, except that the Commission may fix a lesser
number which shall constitute a quorum for the taking of
testimony. The Secretary of the Senate shall be the
Executive Secretary of the Commission \1\
\1\ So in original. Probably should end with a period.
(c) Selection of Curator of Art and Antiquities of the
Senate; availability of professional and clerical
assistance.
The Commission shall select a Curator of Art and
Antiquities of the Senate who shall be appointed by and be
an employee of the Secretary of the Senate. The Curator
shall serve at the pleasure of the Commission, shall perform
such duties as it may prescribe, and shall receive
compensation at a gross rate, not to exceed $22,089 per
annum to be fixed by the Commission. At the request of the
Commission the Secretary of the Senate shall detail to the
Commission such additional professional, clerical, and other
assistants as, from time to time, it deems necessary.
(d) Hearings and meetings.
The Commission shall be empowered to hold hearings,
summon witnesses, administer oaths, employ reporters,
request the production of papers and records, take such
testimony, and adopt such rules for the conduct of its
hearings and meetings, as it deems necessary. (Pub. L. 100-
696, Title IX, Sec. 901(a), (b)(1), (3), Nov. 18, 1988, 102
Stat. 4610, 4611.)
522b-1 Sec. 188b-1. Duties of Commission.
(a) In general.
The Commission is hereby authorized and directed to
supervise, hold, place, protect, and make known all works of
art, historical objects, and exhibits within the Senate wing
of the United States Capitol, any Senate Office Buildings,
and in all rooms, spaces, and corridors thereof, which are
the property of the United States, and in its judgment to
accept any works of art, historical objects, or exhibits
which may hereafter be offered, given, or devised to the
Senate, its committees, and its officers for placement and
exhibition in the Senate wing of the Capitol, the Senate
Office Buildings, or in rooms, spaces, or corridors thereof.
(b) Issuance and publication of regulations.
The Commission shall prescribe such regulations as it
deems necessary for the care, protection, and placement of
such works of art, exhibits, and historical objects in the
Senate wing of the Capitol and the Senate Office Buildings,
and for their acceptance on behalf of the Senate, its
committees, and officers. Such regulations shall be
published in the Congressional Record at such time or times
as the Commission may deem necessary for the information of
the Members of the Senate and the public.
(c) Consistency of regulations.
Regulations authorized by the provisions of section 193
of this title to be issued by the Sergeant at Arms of the
Senate for the protection of the Capitol, and any
regulations issued, or activities undertaken, by the
Committee on Rules and Administration of the Senate, or the
Architect of the Capitol, in carrying out duties relating to
the care, preservation, and protection of the Senate wing of
the Capitol and the Senate Office Buildings, shall be
consistent with such rules and regulations as the Commission
may issue pursuant to subsection (b) of this section.
(d) Responsibilities of Committee on Rules and
Administration of the Senate.
The Committee on Rules and Administration of the Senate
in consultation with the Architect of the Capitol and
consistent with regulations prescribed by the Commission
under subsection (b) of this section, shall have
responsibility for the supervision, protection, and
placement of all works of art, historical objects, and
exhibits which shall have been accepted on behalf of the
Senate by the Commission or acknowledged as United States
property by inventory of the Commission, and which may be
lodged in the Senate wing of the Capitol or the Senate
Office Building by the Commission. (Pub. L. 100-696, Title
IX, Sec. 901(a), (b)(2), Nov. 18, 1988, 102 Stat. 4610,
4611.)
522b-2 Sec. 188b-2. Supervision and maintenance of Old Senate
Chamber.
The Commission shall have responsibility for the
supervision and maintenance of the Old Senate Chamber on the
principal floor of the Senate wing of the Capitol insofar as
it is to be preserved as a patriotic shrine in the Capitol
for the benefit of the people of the United States.
(Pub. L. 100-696, Title IX, Sec. 901(a), Nov. 18, 1988, 102
Stat. 4610.)
522b-3 Sec. 188b-3. Publication of list of works of art, historical
objects, and exhibits.
The Commission shall, from time to time, but at least
once every ten years, publish as a Senate document a list of
all works of art, historical objects, and exhibits currently
within the Senate wing of the Capitol and the Senate Office
Buildings, together with their description, location, and
with such notes as may be pertinent to their history.
(Pub. L. 100-696, Title IX, Sec. 901(a), Nov. 18, 1988, 102
Stat. 4610.)
522b-4 Sec. 188b-4. Authorization of appropriations.
There is hereby authorized to be appropriated out of the
contingent fund of the Senate for the expenses of the
Commission the sum of $15,000 each fiscal year, to be
disbursed by the Secretary of the Senate on vouchers signed
by the Chairman or Vice Chairman of the Commission:
Provided, That no payment shall be made from such
appropriation as salary. (Pub. L. 100-696, Title IX,
Sec. 901(a), Nov. 18, 1988, 102 Stat. 4610.)
522b-5 Sec. 188b-5. Additional authority for Senate Commission on
Art to acquire works of art, historical objects,
documents, or exhibits.
(a) The Senate Commission on Art, in addition to any
authority conferred upon it by sections 188b to 188b-4 of
this title, is authorized to acquire any work of art,
historical object, document or material relating to
historical matters, or exhibit for placement or exhibition
in the Senate wing of the Capitol, the Senate Office
Buildings, or in rooms, spaces, or corridors thereof.
(b) This section shall be effective as of March 1, 1971.
(Pub. L. 100-696, Title IX, Sec. 901(a), (c), Nov. 18, 1988,
102 Stat. 4610, 4611.)
522b-6 Sec. 188b-6. Conservation, restoration, replication, or
replacement of items in United States Senate Collection.
(a) Use of moneys in Senate contingent fund.
Effective with the fiscal year ending September 30,
2000, and each fiscal year thereafter, subject to the
approval of the Committee on Appropriations of the Senate,
any unexpended and unobligated funds in the appropriation
account for the ``Secretary of the Senate'' within the
contingent fund of the Senate which have not been withdrawn
in accordance with section 102a of title 2 shall be
available for the expenses incurred, without regard to the
fiscal year in which incurred, for the conservation,
restoration, and replication or replacement, in whole or in
part, of items of art, fine art, and historical items within
the Senate wing of the United States Capitol, any Senate
Office Building, or any room, corridor, or other space
therein. In the case of replication or replacement of such
items, the funds available under this subsection shall be
available for any such items previously contained within the
Senate wing of the Capitol, or an item historically
accurate.
(b) United States Senate Collection.
All such items of art referred to in subsection (a) of
this section shall be known as the ``United States
Collection''.
(c) Approval of disbursements by Chairman or Executive
Secretary of Senate Commission on Art.
Disbursements for expenses incurred for the purposes in
subsection (a) of this section shall be made upon vouchers
approved by the Chairman of the Senate Commission on Art or
the Executive Secretary of the Senate Commission on Art.
(Pub. L. 101-302, Title III, Sec. 316, May 25, 1990, 104
Stat. 246; Pub. L. 101-520, Title III, Sec. 323, Nov. 5,
1990, 104 Stat. 2285; Pub. L. 102-90, Title III, Sec. 310,
Aug. 14, 1991, 105 Stat. 467; Pub. L. 102-392, Title III,
Sec. 312, Oct. 6, 1992, 106 Stat. 1723; Pub. L. 104-53,
Sec. 311, Nov. 19, 1995, 109 Stat. 538; Pub. L. 104-197,
Title III, Sec. 313, Sept. 16, 1996, 110 Stat. 2415; Pub. L.
105-55, Title III, Sec. 309, Oct. 7, 1997, 111 Stat. 1198;
Pub. L. 105-275, Title III, Sec. 311, Oct. 21, 1998, 112
Stat. 2457, Sept. 29, 1999, Pub. L. 106-57, Sec. 309, 113
Stat. 427.)
523 Sec. 189. Art exhibits.
No work of art or manufacture other than the property of
the United States shall be exhibited in the National
Statuary Hall, the Rotunda, or the corridors of the Capitol.
(Mar. 3, 1879, ch. 182, Sec. 1, 20 Stat. 391.)
524 Sec. 190. Private studios and works of art.
No room in the Capitol shall be used for private studios
or works of art, without permission from the Joint Committee
on the Library, given in writing; and it shall be the duty
of the Architect of the Capitol to carry this provision into
effect. (Mar. 3. 1875, ch. 130, Sec. 1, 18 Stat. 376.)
525 Sec. 193. Protection of buildings and property.
The Sergeants at Arms of the Senate and of the House of
Representatives are authorized to make such regulations as
they may deem necessary for preserving the peace and
securing the Capitol from defacement, and for the protection
of the public property therein, and they shall have power to
arrest and detain any person violating such regulations,
until such person can be brought before the proper
authorities for trial. (R.S. Sec. 1820.)
Cross References
Policing of Capitol building and grounds, see section
212a of this title (Senate Manual section 546).
Use of Capitol Grounds for temporary recreational
purposes permitted, see section 214a of this title (Senate
Manual section 549a).
526 Sec. 193a. United States Capitol Grounds; area comprising;
jurisdiction.
The United States Capitol Grounds shall comprise all
squares, reservations, streets, roadways, walks, and other
areas as defined on a map entitled ``Map showing areas
comprising United States Capitol Grounds'', dated June 25,
1946, approved by the Architect of the Capitol and recorded
in the Office of the Surveyor of the District of Columbia in
book 127, page 8, including all additions added thereto by
law subsequent to June 25, 1946, [and]
(i) That portion of the triangle of Federal
land in Reservation No. 204 in the District of
Columbia under the jurisdiction of the Secretary
of the Interior, including any contiguous
sidewalks, bound by Constitution Avenue, N.E.,
on the north, the branch of Maryland Avenue,
N.E., running in a northeast direction on the
west, the major portion of Maryland Avenue,
N.E., on the south, and 2nd Street, N.E., on the
east, including the contiguous sidewalks.
(ii) That irregular area of Federal land in
Reservation No. 204 in the District of Columbia
under the jurisdiction of the Secretary of the
Interior, including any contiguous sidewalks,
northeast of the real property described in
clause (i) bound by Constitution Avenue, N.E.,
on the north, the branch of Maryland Avenue,
N.E., running to the northeast on the south, and
the private property on the west known as lot 7,
in square 726.
(iii) The two irregularly shaped medians
lying north and east of the property described
in clause (i), located between the north and
south curbs of Constitution Avenue, N.E., west
of its intersection with Second Street, N.E.,
all as shown in Land Record No. 268, dated
November 22, 1957, in the Office of the
Surveyor, District of Columbia, in Book 138,
Page 58.
(iv) All sidewalks under the jurisdiction of
the District of Columbia abutting on and
contiguous to the land described in clauses (i),
(ii), and (iii).
and the jurisdiction and control over the United States
Capitol Grounds, vested prior to July 31, 1946, by law in
the Architect of the Capitol, is extended to the entire area
of the United States Capitol Grounds, and the Architect of
the Capitol shall be responsible for the maintenance and
improvement thereof, including those streets and roadways in
said United States Capitol Grounds as shown on said map as
being under the jurisdiction and control of the
Commissioners of the District of Columbia, except that the
Mayor of the District of Columbia shall be responsible for
the maintenance and improvement of those portions of the
following streets which are situated between the curblines
thereof: Constitution Avenue from Second Street Northeast to
Third Street Northwest, First Street from D Street N.E. to D
Street S.E., D Street from First Street S.E. to Canal Street
S.W., and First Street from the north side of Louisiana
Avenue to the intersection of C Street and Canal Street
S.W., Pennsylvania Avenue Northwest from First Street
Northwest to Third Street Northwest, Maryland Avenue
Southwest from First Street Southwest to Third Street
Southwest, Second Street Northeast from F Street Northeast
to C Street Southeast; C Street Southeast from Second Street
Southeast to First Street Southeast; that portion of
Maryland Avenue Northeast from Second Street Northeast to
First Street Northeast; that portion of New Jersey Avenue
Northwest from D Street Northwest to Louisiana Avenue; that
portion of Second Street Southwest from the north curb of D
Street to the south curb of Virginia Avenue Southwest; that
portion of Virginia Avenue Southwest from the east curb of
Second Street Southwest to the west curb of Third Street
Southwest; that portion of Third Street Southwest from the
south curb of Virginia Avenue Southwest to the north curb of
D Street Southwest; that portion of D Street Southwest from
the west curb of Third Street Southwest to the east curb of
Second Street Southwest; that portion of Canal Street
Southwest, including sidewalks and traffic islands, from the
south curb of Independence Avenue Southwest to the west curb
of South Capitol Street: Provided, That the Mayor of the
District of Columbia shall be permitted to enter any part of
said United States Capitol Grounds for the purpose of
repairing or maintaining or, subject to the approval of the
Architect of the Capitol, for the purpose of constructing or
altering, any utility service of the District of Columbia
government.
(As amended Nov. 12, 1996, Pub. L. 104-333, Div. I, Title V,
Sec. 514(c)(3)(A), 110 Stat. 4167.)
Note
Public Law 97-379, December 22, 1982, 96 Stat. 1935, provided in part that
the definition of United States Capitol Grounds should include the
following additional areas which are situated as follows:
(1) All sidewalks and contiguous areas presently
under the jurisdiction of the District of Columbia
located on the south side of Pennsylvania Avenue,
Northwest, between the west curb of First Street,
Northwest and the east curb of Third Street,
Northwest.
(2) All sidewalks and contiguous areas presently
under the jurisdiction of the District of Columbia
located on the north side of Maryland Avenue,
Southwest, between the west curb of First Street,
Southwest and the east curb of Third Street,
Southwest.
(3) All sidewalks and contiguous areas presently
under the jurisdiction of the District of Columbia,
located on the west side of First Street between the
south curb of Pennsylvania Avenue, Northwest and the
north curb of Maryland Avenue, Southwest.
(4) All sidewalks and contiguous areas presently
under the jurisdiction of the District of Columbia,
located on the east side of Third Street between the
south curb of Pennsylvania Avenue, Northwest and the
north curb of Maryland Avenue, Southwest.
Section 3 of Pub. L. 96-432 provided that: ``On and
after the effective date of this section [See section 4 of
Pub. L. 96-432], that portion of C Street Northeast from the
west curb of Second Street Northeast to the east curb of
First Street Northeast shall be under the exclusive
jurisdiction and control of the Capitol Police Board and the
Architect of the Capitol in the same manner and to the same
extent as such Board or the Architect of the Capitol has
over other streets comprising the United States Capitol
Grounds, and the Architect of the Capitol shall be
responsible for the maintenance and improvement thereof.''
527 Sec. 193b. Public use of Capitol Grounds.
Public travel in and occupancy of said United States
Capitol Grounds shall be restricted to the roads, walks, and
places prepared for that purpose by flagging, paving, or
otherwise. (July 31, 1946, ch. 707, Sec. 2, 60 Stat. 718.)
528 Sec. 193c. Obstruction of roads; conveyance of goods or
merchandise; Capitol Grounds.
It is forbidden to occupy the roads in said United
States Capitol Grounds in such manner as to obstruct or
hinder their proper use, or to use the roads in the area of
said United States Capitol Grounds, south of Constitution
Avenue and B Street and north of Independence Avenue and B
Street, for the conveyance of goods or merchandise, except
to or from the Capitol on Government service. (July 31,
1946, ch. 707, Sec. 3, 60 Stat. 718.)
529 Sec. 193d. Sale of articles; signs; solicitation on Capitol
Grounds.
It is forbidden to offer or expose any article for sale
in said United States Capitol Grounds; to display any sign,
placard, or other form of advertisement therein; to solicit
fares, alms, subscriptions, or contributions therein. (July
31, 1946, ch. 707, Sec. 4, 60 Stat. 718.)
530 Sec. 193e. Injuries to property; Capitol Grounds.
It is forbidden to step or climb upon, remove, or in any
way injure any statue, seat, wall, fountain, or other
erection or architectural feature, or any tree, shrub,
plant, or turf in said United States Capitol Grounds. (July
31, 1946, ch. 707, Sec. 5, 60 Stat. 718.)
531 Sec. 193f. Capitol Grounds and Buildings security.
(a) Firearms, dangerous weapons, explosives, or incendiary
devices.
It shall be unlawful for any person or group of
persons--
(1) Except as authorized by regulations
which shall be promulgated by the Capitol Police
Board:
(A) to carry on or have readily
accessible to the person of any individual
upon the United States Capitol Grounds or
within any of the Capitol Buildings any
firearm, dangerous weapon, explosive, or
incendiary device; or
(B) to discharge any firearm or
explosive, to use any dangerous weapon, or
to ignite any incendiary device, upon the
United States Capitol Grounds or within any
of the Capitol Buildings; or
(C) to transport by any means upon the
United States Capitol Grounds or within any
of the Capitol Buildings any explosive or
incendiary device; or
(2) Knowingly, with force and violence, to
enter or to remain upon the floor of either
House of the Congress.
(b) Violent entry and disorderly conduct.
It shall be unlawful for any person or group of persons
willfully and knowingly--
(1) to enter or to remain upon the floor of
either House of the Congress, to enter or to
remain in any cloakroom or lobby adjacent to
such floor, or to enter or to remain in the
Rayburn Room of the House or the Marble Room of
the Senate, unless such person is authorized,
pursuant to rules adopted by that House or
pursuant to authorization given by that House,
to enter or to remain upon such floor or in such
cloakroom, lobby, or room;
(2) to enter or to remain in the gallery of
either House of the Congress in violation of
rules governing admission to such gallery
adopted by that House or pursuant to
authorization given by that House;
(3) to enter or to remain in any room within
any of the Capitol Buildings set aside or
designated for the use of either House of the
Congress or any Member, committee, subcommittee,
officer, or employee of the Congress or either
House thereof with intent to disrupt the orderly
conduct of official business;
(4) to utter loud, threatening, or abusive
language, or to engage in any disorderly or
disruptive conduct, at any place upon the United
States Capitol Grounds or within any of the
Capitol Buildings with intent to impede,
disrupt, or disturb the orderly conduct of any
session of the Congress or either House thereof,
or the orderly conduct within any such building
of any hearing before, or any deliberations of,
any committee or subcommittee of the Congress or
either House thereof;
(5) to obstruct, or to impede passage
through or within, the United States Capitol
Grounds or any of the Capitol Buildings;
(6) to engage in any act of physical
violence upon the United States Capitol Grounds
or within any of the Capitol Buildings; or
(7) to parade, demonstrate, or picket within
any of the Capitol Buildings.
(c) Exemption of Government officials.
Nothing contained in this section shall forbid any act
of any Member of Congress, or any employee of a Member of
the Congress, any officer or employee of the Congress or any
committee or subcommittee thereof, or any officer or
employee of either House of the Congress or any committee or
subcommittee thereof, which is performed in the lawful
discharge of his official duties. (July 31, 1946, ch. 707,
Sec. 6, 60 Stat. 718; Aug. 6, 1962, Pub. L. 87-571, 76 Stat.
307; Oct. 20, 1967, Pub. L. 90-108, Sec. 1(b), 81 Stat.
276.)
532 Sec. 193g. Same; parades or assemblages; display of flags.
It is forbidden to parade, stand, or move in processions
or assemblages in said United States Capitol Grounds, or to
display therein any flag, banner, or device designed or
adapted to bring into public notice any party, organization,
or movement, except as hereinafter provided in sections 193j
and 193k of this title. (July 31, 1946, ch. 707, Sec. 7, 60
Stat. 719.)
Note
The Case of Jeannette Rankin Brigade v. Chief of Capitol
Police, D.C., D.C. 1972, 342 F. Supp. 575, affirmed 93 S.
Ct. 311, 409 U.S. 972, held that the governmental interest
in maintenance of a ``park-like setting'' on Capitol grounds
was not sufficient to sustain this section prohibiting
parades or assemblages on the Capitol grounds and that the
section is void on its face on both U.S.C.A. Const. Amends.
1 and 5 grounds.
533 Sec. 193h. Prosecution and punishment of offenses.
(a) Any violation of section 193f(a) of this title, and
any attempt to commit any such violation, shall be a felony
punishable by a fine not exceeding $5,000, or imprisonment
not exceeding five years, or both.
(b) Any violation of section 193b, 193c, 193d, 193e,
193f(b), or 193g of this title, and any attempt to commit
any such violation, shall be a misdemeanor punishable by a
fine not exceeding $500, or imprisonment not exceeding six
months, or both.
(c) Violations of sections 193a-193m, 212a, 212a-2, and
212b of this title, including attempts or conspiracies to
commit such violations, shall be prosecuted by the United
States attorney or his assistants in the name of the United
States. None of the general laws of the United States and
none of the laws of the District of Columbia shall be
superseded by any provision of said sections. Where the
conduct violating said sections also violates the general
laws of the United States or the laws of the District of
Columbia, both violations may be joined in a single
prosecution. Prosecution for any violation of section
193f(a) of this title or for conduct which constitutes a
felony under the general laws of the United States or the
laws of the District of Columbia shall be in the United
States District Court for the District of Columbia. All
other prosecutions for violations of said sections may be in
the Superior Court of the District of Columbia. Whenever any
person is convicted of a violation of said sections and of
the general laws of the United States or the laws of the
District of Columbia, in a prosecution under this
subsection, the penalty which may be imposed for such
violation is the highest penalty authorized by any of the
laws for violation of which the defendant is convicted.
(July 31, 1946, ch. 707, Sec. 8, 60 Stat. 719; Oct. 20,
1967, Pub. L. 90-108, Sec. 1(c), 81 Stat. 277; July 29,
1970. Pub. L. 91-358, Sec. 155(a), 84 Stat. 570.)
534 Sec. 193i. Assistance to authorities by Capitol employees.
It shall be the duty of all persons employed in the
service of the Government in the Capitol or in the United
States Capitol Grounds to prevent, as far as may be in their
power, offenses against sections 193a-193m, 212a, 212a-2,
and 212b of this title, and to aid the police, by
information or otherwise, in securing the arrest and
conviction of offenders. (July 31, 1946, ch. 707, Sec. 10,
60 Stat. 719.)
535 Sec. 193j. Suspension of prohibitions against use of
grounds.
In order to admit of the due observance within the
United States Capitol Grounds of occasions of national
interest becoming the cognizance and entertainment of
Congress, the President of the Senate and the Speaker of the
House of Representatives, acting concurrently, are
authorized to suspend for such proper occasions so much of
the prohibitions contained in sections 193b-193g of this
title as would prevent the use of the roads and walks of the
said grounds by processions or assemblages, and the use upon
them of suitable decorations, music, addresses, and
ceremonies: Provided, That responsible officers shall have
been appointed, and arrangements determined which are
adequate, in the judgment of said President of the Senate
and Speaker of the House of Representatives, for the
maintenance of suitable order and decorum in the
proceedings, and for guarding the Capitol and its grounds
from injury. (July 31, 1946, ch. 707, Sec. 11, 60 Stat.
719.)
536 Sec. 193k. Power of Capitol Police Board to suspend
prohibitions.
In the absence from Washington of either of the officers
designated in section 193j of this title, the authority
therein given to suspend certain prohibitions of sections
193(a) to 193(m), 212(a), 212(a)(2), and 212(b) of this
title shall devolve upon the other, and in the absence from
Washington of both it shall devolve upon the Capitol Police
Board: Provided, That notwithstanding the provisions of
sections 193g and 193j of this title, the Capitol Police
Board is authorized to grant the Mayor of the District of
Columbia authority to permit the use of Louisiana Avenue for
any of the purposes prohibited by section 193g of this
title. (July 31, 1946, ch. 707, Sec. 12, 60 Stat. 719; Dec.
24, 1973, Pub. L. 93-198, Title IV, Sec. 421, 87 Stat. 789.)
537 Sec. 193l. Concerts on grounds.
Nothing in sections 193a-193k and 212a, and 212a-2 of
this title shall be construed to prohibit the giving of
concerts in the United States Capitol Grounds, at such times
as will not interfere with the Congress, by any band in the
service of the United States, when and as authorized by the
Architect of the Capitol. (July 31, 1946, ch. 707, Sec. 13,
60 Stat. 720.)
538 Sec. 193m. Definitions.
(a) As used in sections 193a-193m, 212a, 212a-2, and
212b of this title--
(1) The term ``Capitol Buildings'' means the
United States Capitol, the Senate and House
Office Buildings and garages, the Capitol Power
Plant, all subways and enclosed passages
connecting two or more such structures, and the
real property underlying and enclosed by any
such structure.
(2) The term ``firearm'' shall have the same
meaning as when used in section 901(3) of title
15.
(3) The term ``dangerous weapon'' includes
all articles enumerated in section 14(a) of the
Act of July 8, 1932 (47 Stat. 654, as amended;
D.C. Code 22-3214(a)) and also any device
designed to expel or hurl a projectile capable
of causing injury to persons or property,
daggers, dirks, stilettoes, and knives having
blades over three inches in length.
(4) The term ``explosive'' shall have the
same meaning as when used in section 121(1) of
title 50.
(5) The term ``act of physical violence''
means any act involving (1) an assault or any
other infliction or threat of infliction of
death or bodily harm upon any individual, or (2)
damage to or destruction of any real property or
personal property. (July 31, 1946, ch. 707,
Sec. 16(a), 60 Stat. 721; Oct. 20, 1967, Pub. L.
90-108, Sec. 1(d), 81 Stat. 277.)
538.1 Sec. 193m-1. Audit for private organizations conducting
activities or performing services in or on United States
Capitol Buildings or Grounds; report to Congress.
Any private organization, except political parties and
committees constituted for election of Federal officials,
whether or not organized for profit and whether or not any
of its income inures to the benefit of any person, which
performs services or conducts activities in or on the United
States Capitol Buildings or Grounds, as defined by or
pursuant to law, shall be subject, for each year in which it
performs such services or conducts such activities, to a
special audit of its accounts which shall be conducted by
the General Accounting Office. The results of such audit
shall be reported by the Comptroller General to the Senate
and House of Representatives. (Oct. 26, 1970, Pub. L. 91-
510, Sec. 451, 84 Stat. 1193.)
539 Sec. 206. Capitol police; appointment; Chief of the Capitol
Police.
There shall be a Capitol police. The captain and
lieutenants shall be selected jointly by the Sergeant at
Arms of the Senate and the Sergeant at Arms of the House of
Representatives; and one-half of the privates shall be
selected by the Sergeant at Arms of the Senate and one-half
by the Sergeant at Arms of the House of Representatives. The
Capitol Police shall be headed by a Chief who shall be
appointed by the Capitol Police Board and shall serve at the
pleasure of the Board. (R.S. Sec. 1821; Apr. 28, 1902, ch.
594, Sec. 1, 32 Stat. 124; June 28, 1943, ch. 173, Sec. 101,
57 Stat. 230; Dec. 20, 1979, Pub. L. 96-152, Sec. 1(a), 93
Stat. 1099.)
539.1 Sec. 206c. Emergency duty overtime pay for Capitol Police
from funds disbursed by Secretary of the Senate;
compensatory time off in place of additional pay;
election, accrual and transfer of time off; rules and
regulations.
Each officer or member of the Capitol Police force whose
compensation is disbursed by the Secretary of the Senate,
who performs duty in addition to the number of hours of his
regularly scheduled tour of duty for any day on or after
July 1, 1974, is entitled to be paid compensation (when
ordered to perform such duty by proper authority) or receive
compensatory time off for each such additional hour of duty,
except that an officer shall be entitled to such
compensation only upon a determination made by the Capitol
Police Board with respect to any additional hours.
Compensation of an officer or member for each additional
hour of duty shall be paid at a rate equal to his hourly
rate of compensation in the case of an officer, and at a
rate equal to one and one-half times his hourly rate of
compensation for a member of such force. The hourly rate of
compensation of such officer or member shall be determined
by dividing his annual rate of compensation by 2,080. Any
officer or member entitled to be paid compensation for such
additional hours shall make a written election, which is
irrevocable, whether he desires to be paid that compensation
or to receive compensatory time off instead for each such
hour. Compensation due officers and members under this
paragraph shall be paid by the Secretary, upon certification
by the Chief of the Capitol Police at the end of each
calendar quarter and approval of the Capitol Police Board,
from funds available in the Senate appropriation,
``Salaries, Officers and Employees'' for the fiscal year in
which the additional hours of duty are performed without
regard to the limitations specified therein. Any
compensatory time off accrued and not used by an officer or
member at the time he is separated from service on the
Capitol Police force may not be transferred to any other
department, agency, or establishment of the United States
Government or the government of the District of Columbia,
and no lump-sum amount shall be paid for such accrued time.
The Capitol Police Board is authorized to prescribe
regulations to carry out this section. (Pub. L. 92-51,
Sec. 101, July 9, 1971; 85 Stat. 130, amended Pub. L. 93-
145, Sec. 101, Nov. 1, 1973, 87 Stat. 532; Pub. L. 93-371,
Sec. 101(5), Aug. 13, 1974, 88 Stat. 430.)
540 Sec. 207. Payment of Capitol Police.
The said police shall be paid on the order of the
Sergeant at Arms of the Senate and the Sergeant at Arms of
the House, or of either of them. (R.S. Sec. 1822.)
540a
540a Sec. 207a. Unified payroll administration for Capitol
Police.
Payroll administration for the Capitol Police and
civilian support personnel of the Capitol Police shall be
carried out on a unified basis by a single disbursing
authority. The Capitol Police Board, with the approval of
the Committee on House Oversight of the House of
Representatives and the Committee on Rules and
Administration of the Senate, acting jointly, shall, by
contract or otherwise, provide for such unified payroll
administration. (July 31, 1946, ch. 707, Sec. 9C, as added
Oct. 6, 1992, Pub. L. 102-397, Title I, Sec. 102, 106 Stat.
1950; Pub. L. 104-186, Title II, Sec. 221(12), Aug. 21,
1996, 110 Stat. 1750.)
Note
Effective Date
Section 104 of Pub. L. 102-397, as amended Pub. L. 102-
392, Title III, Sec. 321, Oct. 6, 1992, 106 Stat. 1726,
provided that: ``The unified payroll administration under
the amendment made by section 102 [enacting this section]
shall apply with respect to pay periods beginning after
September 30, 1993.''
541 Sec. 208. Suspension of Capitol Police members.
The captain of the Capitol police may suspend any member
of the force, subject to the approval of the two Sergeants
at Arms and of the Architect of the Capitol. (R.S.
Sec. 1823; Mar. 3, 1921, ch. 124, Sec. 1, 41 Stat. 1291.)
542 Sec. 209. Pay of Capitol Police members under suspension.
Whenever a member of the Capitol police or watch force
is suspended from duty for cause, said policeman or watchman
shall receive no compensation for the time of such
suspension if he shall not be reinstated. (Mar. 3, 1875, ch.
129, Sec. 1, 18 Stat. 345.)
543 Sec. 210. Uniform; belts and arms; Capitol Police.
The Sergeant at Arms of the Senate and the Sergeant at
Arms of the House of Representatives shall select and
regulate the pattern for a uniform for the Capitol police
and watchmen, and furnish each member of the force with the
necessary belts and arms, payable out of the contingent fund
of the Senate and House of Representatives upon the
certificate of the officers above named. Such arms so
furnished shall be carried by each officer and member of the
Capitol Police, while in the Capitol Building (as defined in
section 16(a)(1) of the Act of July 31, 1946, as amended (40
U.S.C. 193m)), and while within or outside of the boundaries
of the United States Capitol Grounds (as defined in the
first section of the Act of July 31, 1946, as amended (40
U.S.C. 193a)), in such manner and at such times as the
Sergeant at Arms of the Senate and the Sergeant at Arms of
the House of Representatives may, by regulations, prescribe.
(R.S. Sec. 1824; Oct. 31, 1972, Pub. L. 92-607, Sec. 507, 86
Stat. 1508; May 4, 1977, Pub. L. 95-26, Sec. 112, 91 Stat.
87.)
544 Sec. 211. Uniform; at whose expense; Capitol Police.
The members of the Capitol police shall furnish at their
own expense, each his own uniform, which shall be in exact
conformity to that required by regulation of the Sergeants
at Arms. (R.S. Sec. 1825.)
545 Sec. 212. Wearing uniform on duty; Capitol Police.
The officers, privates, and watchmen of the Capitol
police shall, when on duty, wear the regulation uniform.
(Mar. 18, 1904, ch. 716, Sec. 1, 33 Stat. 89.)
546 Sec. 212a. Policing of Capitol buildings and grounds; powers
of Capitol police; arrests by Capitol Police for crimes
of violence; arrests by District of Columbia police.
The Capitol Police shall police the United States
Capitol Buildings and Grounds under the direction of the
Capitol Police Board, consisting of the Sergeant at Arms of
the United States Senate, the Sergeant at Arms of the House
of Representatives, and the Architect of the Capitol, and
shall have the power to enforce the provisions of sections
193a to 193m, 212a, 212a-2, and 212b of this title and
regulations promulgated under section 212b of this title,
and to make arrests within the United States Capitol
Buildings and Grounds for any violations of any law of the
United States, of the District of Columbia, or of any State,
or any regulation promulgated pursuant thereto: Provided,
That for the fiscal year for which appropriations are made
by this Act the Capitol Police shall have the additional
authority to make arrests within the District of Columbia
for crimes of violence, as defined in section 16 of title
18, committed within the Capitol Buildings and Grounds and
shall have the additional authority to make arrests, without
a warrant, for crimes of violence, as defined in section 16
of title 18, committed in the presence of any member of the
Capitol Police performing official duties: Provided further,
That the Metropolitan Police force of the District of
Columbia are authorized to make arrests within the United
States Capitol Buildings and Grounds for any violation of
any such laws or regulations, but such authority shall not
be construed as authorizing the Metropolitan Police force,
except with the consent or upon the request of the Capitol
Police Board, to enter such buildings to make arrests in
response to complaints or to serve warrants or to patrol the
United States Capitol Buildings and Grounds. For the purpose
of this section, the word ``grounds'' shall include the
House Office Buildings parking areas and that part or parts
of property which have been or hereafter are acquired in the
District of Columbia by the Architect of the Capitol, or by
an officer of the Senate or the House, by lease, purchase,
intergovernment transfer, or otherwise, for the use of the
Senate, the House, or the Architect of the Capitol. (July
31, 1946, ch. 707, Sec. 9, 60 Stat. 719; Dec. 24, 1973, Pub.
L. 93-198, title VII, Sec. 739(g)(4), (5), 87 Stat. 829;
Pub. L. 101-520, Nov. 5, 1990, 104 Stat. 2264; Pub. L. 102-
392, Title III, Sec. 310, Oct. 6, 1992, 106 Stat. 1723; Pub.
L. 102-397, Title I, Sec. 103, Oct. 6, 1992, 106 Stat.
1950.)
546.1 Sec. 212a-1. Capitol grounds and Library of Congress
grounds; detail of police.
The Capitol Police Board is authorized to detail police
from the House Office, Senate Office, and Capitol Buildings
for police duty on the Capitol Grounds and on the Library of
Congress Grounds. (Pub. L. 96-432, Sec. 5, Oct. 10, 1980, 94
Stat. 1853.)
546.2 Sec. 212a-2. Protection of Members of Congress, officers of
Congress, and members of their families.
(a) Authority of the Capitol Police.
Subject to the direction of the Capitol Police Board,
the United States Capitol Police is authorized to protect,
in any area of the United States, the person of any Member
of Congress, officer of the Congress, as defined in section
60-1(b) of Title 2, and any member of the immediate family
of any such Member or officer, if the Capitol Police Board
determines such protection to be necessary.
(b) Detail of police.
In carrying out its authority under this section, the
Capitol Police Board, or its designee, is authorized, in
accordance with regulations issued by the Board pursuant to
this section, to detail, on a case-by-case basis, members of
the United States Capitol Police to provide such protection
as the Board may determine necessary under this section.
(c) Arrest of suspects.
In the performance of their protective duties under this
section, members of the United States Capitol Police are
authorized (1) to make arrests without warrant for any
offense against the United States committed in their
presence, or for any felony cognizable under the laws of the
United States if they have reasonable grounds to believe
that the person to be arrested has committed or is
committing such felony; and (2) to utilize equipment and
property of the Capitol Police.
(d) Fines and penalties.
Whoever knowingly and willfully obstructs, resists, or
interferes with a member of the Capitol Police engaged in
the performance of the protective functions authorized by
this section, shall be fined not more than $300 or
imprisoned not more than one year, or both.
(e) Construction of provisions.
Nothing contained in this section shall be construed to
imply that the authority, duty, and function conferred on
the Capitol Police Board and the United States Capitol
Police are in lieu of or intended to supersede any
authority, duty, or function imposed on any Federal
department, agency, bureau, or other entity, or the
Metropolitan Police of the District of Columbia, involving
the protection of any such Member, officer, or family
member.
(f) ``United States'' defined.
As used in this section, the term ``United States''
means each of the several States of the United States, the
District of Columbia, and territories and possessions of the
United States. (Pub. L. 97-143, Sec. 1(a), Dec. 29, 1981, 95
Stat. 1723.)
Note
Supplemental Appropriations Act, 1977, Pub. L. 95-26,
chapter VIII, Sec. 113.91 Stat. 87, provided:
``Sec. 113. The Chairman of the Capitol Police Board is
authorized, subject to such conditions as he may impose, to
authorize the assignment of a police motor vehicle for use
by instructor personnel of the Capital Police Force while
assigned to the Federal Law Enforcement Training Center.''
Cross Reference
For the definition of Capitol Buildings, see section
193m of this title. (Senate Manual section 538.)
547 Sec. 212a-3. Law enforcement authority of Capitol Police
oversight.
(a) Scope.
Subject to such regulations as may be prescribed by the
Capitol Police Board and approved by the Committee on House
Oversight of the House of Representatives and the Committee
on Rules and Administration of the Senate, a member of the
Capitol Police shall have authority to make arrests and
otherwise enforce the laws of the United States, including
the laws of the District of Columbia--
(1) within the District of Columbia, with
respect to any crime of violence committed
within the United States Capitol Grounds;
(2) within the District of Columbia, with
respect to any crime of violence committed in
the presence of the member, if the member is in
the performance of official duties when the
crime is committed;
(3) within the District of Columbia, to
prevent imminent loss of life or injury to
person or property, if the officer is in the
performance of official duties when the
authority is exercised; and
(4) within the area described in subsection
(b) of this section.
(b) Area.
The area referred to in subsection (a)(4) of this
section is that area bounded by the north curb of H Street
from 3rd Street, N.W. to 7th Street, N.E., the east curb of
7th Street from H Street, N.E., to M Street, S.E., the south
curb of M Street from 7th Street, S.E., to 1st Street, S.E.,
the east curb of 1st Street from M Street, S.E., to Potomac
Avenue S.E., the southeast curb of Potomac Avenue from 1st
Street, S.E. to South Capitol Street, S.W., the west curb of
South Capitol Street from Potomac Avenue, S.W. to P Street,
S.W., the north curb of P Street from South Capitol Street,
S.W. to 3rd Street, S.W., and the west curb of 3rd Street
from P Street, S.W. to H Street, N.W.
(c) Authority of Metropolitan Police force unaffected.
This section does not affect the authority of the
Metropolitan Police force of the District of Columbia with
respect to the area described in subsection (b) of this
section.
(d) ``Crime of violence'' defined.
As used in this section, the term ``crime of violence''
has the meaning given that term in section 16 of title 18.
(July 31, 1946, ch. 707, Sec. 9B, as added Oct. 6, 1992,
Pub. L. 102-397, Title I, Sec. 101, 106 Stat. 1949; Aug. 20,
1996, Pub. L. 104-186, Title II, Sec. 221(13), 110 Stat.
1750.)
547.1 Sec. 212b. Regulation of traffic by Capitol Police Board.
(a) The Capitol Police Board, consisting of the Sergeant
at Arms of the United States Senate, the Sergeant at Arms of
the House of Representatives, and the Architect of the
Capitol, shall have exclusive charge and control of the
regulation and movement of all vehicular and other traffic,
including the parking and impounding of vehicles and
limiting the speed thereof, within the United States Capitol
Grounds; and said Board is authorized and empowered to make
and enforce all necessary regulations therefor and to
prescribe penalties for violation of such regulations, such
penalties not to exceed a fine of $300 or imprisonment for
not more than ninety days. Notwithstanding the foregoing
provisions of this section those provisions of the Superior
Court of the District of Columbia Traffic Act of 1925, as
amended, for the violation of which specific penalties are
provided in said Act, as amended, shall be applicable to the
United States Capitol Grounds. Prosecutions for violation of
such regulations shall be in the Superior Court of the
District of Columbia, upon information by the Corporation
Counsel of the District of Columbia or any of his
assistants.
547.2 (b) Regulations authorized to be promulgated under this
section shall be promulgated by the Capitol Police Board and
such regulations may be amended from time to time by the
Capitol Police Board whenever it shall deem it necessary:
Provided, That until such regulations are promulgated and
become effective, the traffic regulations of the District of
Columbia shall be applicable to the United States Capitol
Grounds.
547.3 (c) All regulations promulgated under the authority of
this section shall, when adopted by the Capitol Police
Board, be printed in one or more of the daily newspapers
published in the District of Columbia, and shall not become
effective until the expiration of ten days after the date of
such publication, except that whenever the Capitol Police
Board deems it advisable to make effective immediately any
regulation relating to parking, diverting of vehicular
traffic, or the closing of streets to such traffic, the
regulation shall be effective immediately upon placing at
the point where it is to be in force conspicuous signs
containing a notice of the regulation. Any expenses incurred
under this subsection shall be payable from the
appropriation ``Uniforms and Equipment, Capitol Police''.
547.4 (d) It shall be the duty of the Commissioners of the
District of Columbia, or any officer or employee of the
government of the District of Columbia designated by said
Commissioners, upon request of the Capitol Police Board, to
cooperate with the Board in the preparation of the
regulations authorized to be promulgated under this section,
and any future amendments thereof. (July 31, 1946, ch. 707,
Sec. 14, 60 Stat. 720; July 11, 1947, ch. 211, Sec. Sec. 1,
2, 61 Stat. 308; July 8, 1963, Pub. L. 88-60, 77 Stat. 78;
Dec. 24, 1973, Pub. L. 93-198, Title VII, Sec. 739(g)(6), 87
Stat. 829.)
548 [Omitted.]
549 Sec. 214. Protection of grounds.
It shall be the duty of the Capitol police to prevent
any portion of the Capitol Grounds and terraces from being
used as playgrounds or otherwise, so far as may be necessary
to protect the public property, turf and grass from
destruction or injury. (Apr. 29, 1876, ch. 86, 19 Stat. 41.)
549a
549a [Omitted.]
549b
549b Sec. 214b. Designation of Capitol grounds as play area for
children of Members and employees of Senate or House of
Representatives.
(a) Authority of Capitol Police Board.
Notwithstanding any other provision of law and subject
to the provisions of paragraph (1) of subsection (b) of this
section, the Capitol Police Board is authorized to designate
certain portions of the Capitol grounds (other than a
portion within the area bounded on the North by Constitution
Avenue, on the South by Independence Avenue, on the East by
First Street, and on the West by First Street) for use
exclusively as play areas for the benefit of children
attending a day care center which is established for the
primary purpose of providing child care for the children of
Members and employees of the Senate or the House of
Representatives.
(b) Required approval; fences; termination of authority.
(1) In the case of any such designation referred to in
subsection (a) of this section involving a day care center
established for the benefit of children of Members and
employees of the Senate, the designation shall be with the
approval of the Senate Committee on Rules and
Administration, and in the case of such a center established
for the benefit of children of Members and employees of the
House of Representatives, the designation shall be with the
approval of the House Committee on House Oversight, with the
concurrence of the House Office Building Commission.
(2) The Architect of the Capitol shall enclose with a
fence any area designated pursuant to subsection (a) of this
section as a play area.
(3) The authority to use an area designated pursuant to
subsection (a) of this section as a play area may be
terminated at any time by the Committee which approved such
designation.
(c) Playground equipment; required approval.
Nothing in this or any other Act shall be construed as
prohibiting any day care center referred to in subsection
(a) of this section from placing playground equipment within
an area designated pursuant to subsection (a) of this
section for use solely in connection with the operation of
such center, subject to, in the case of a day care center
established for the benefit of children of Members and
employees of the Senate, the approval of the Senate
Committee on Rules and Administration, and in the case of
such a center established for the benefit of children of
Members and employees of the House of Representatives, the
approval of the House Committee on House Oversight, with the
concurrence of the House Office Building Commission.
(d) Day care center.
The day care center referred to in S. Res. 269, Ninety-
eighth Congress, first session, is a day care center for
which space may be designated under subsection (a) of this
section for use as a play area. (Pub. L. 98-392, Sec. 3,
Aug. 21, 1984, 98 Stat. 1362; Pub. L. 104-186, Title II,
Sec. 221(14), Aug. 20, 1996, 110 Stat. 1750.)
549c
549c Sec. 214c. Senate Employee Child Care Center.
(a) Applicability of provisions.
The provisions of this section shall apply to any
individual who is employed by the Senate day care center
(known as the ``Senate Employee Child Care Center'' and
hereafter in this section referred to as the ``Center'')
established pursuant to Senate Resolution 269, Ninety-eighth
Congress, and section 214b of this title.
(b) Employee election of health care insurance coverage.
Any individual described under subsection (a) of this
section who is employed by the Center on or after August 14,
1991, shall be deemed an employee under section 8901(1) of
title 5, for purposes of health insurance coverage under
chapter 89 of such title 5. An individual described under
subsection (a) of this section who is an employee of the
Center on August 14, 1991, may elect coverage under this
subsection during the 31-day period beginning on August 14,
1991, and during such periods as determined by the Office of
Personnel Management for employees of the Center employed
after such date.
(c) Deductions and withholding from employee pay.
The Center shall make such deductions and withholdings
from the pay of an individual described under subsection (a)
of this section who is an employee of the Center in
accordance with subsection (d) of this section.
(d) Employee records; amount of deductions.
The Center shall--
(1) maintain records on all employees
covered under this section in such manner as the
Secretary of the Senate may require for
administrative purposes; and
(2) after consultation with the Secretary of
the Senate--
(A) make deductions from the pay of
employees of amounts determined in
accordance with section 8906 of title 5; and
(B) transmit such deductions to the
Secretary of the Senate for deposit and
remittance to the Office of Personnel
Management.
(e) Government contributions.
Government contributions for individuals receiving
benefits under this section, as computed under section 8906
of title 5, shall be made by the Secretary of the Senate
from the appropriations account, within the contingent fund
of the Senate, ``miscellaneous items''.
(f) Regulations.
The Office of Personnel Management may prescribe
regulations to carry out provisions of this section. (Pub.
L. 102-90, Title III, Sec. 311, Aug. 14, 1991, 105 Stat.
467.)
549d
549d Sec. 214d. Child care center employee benefits.
(a) Election for coverage.
The provisions of this section shall apply to any
individual who--
(1)(A) On October 6, 1992, is employed by
the Senate day care center (known as the
``Senate Employee Child Care Center'')
established pursuant to Senate Resolution 269,
Ninety-eighth Congress, and section 214b of this
title; and
(B) makes an election to be covered by this
section with the Secretary of the Senate, no
later than 60 days after October 6, 1992; or
(2) is hired by the Center after October 6,
1992, and makes an election to be covered by
this section with the Secretary of the Senate,
no later than 60 days after the date such
individual begins employment.
(b) Payment of deposit; payroll deduction.
(1) Any individual described under subsection (a) of
this section may be credited, under section 8411 of title 5
for service as an employee of the Senate day care center
before January 1, 1993, if such employee makes a payment of
the deposit under section 8411(f)(2) of such title without
application of the provisions of section 8411(b)(3) of such
title.
(2) An individual described under subsection (a) of this
section shall be credited under section 8411 of title 5 for
any service as an employee of the Senate day care center on
or after October 6, 1992, if such employee has such amounts
deducted and withheld from his pay as determined by the
Office of Personnel Management (in accordance with
regulations prescribed by such Office subject to subsection
(h) of this section) which would be deducted and withheld
from the basic pay of an employee under section 8422 of
title 5.
(c) Survivor annuities and disability benefits.
Notwithstanding any other provision of this section, any
service performed by an individual described under
subsection (a) of this section as an employee of the Senate
day care center is deemed to be civilian service creditable
under section 8411 of title 5 for purposes of qualifying for
survivor annuities and disability benefits under subchapters
IV and V of chapter 84 of such title, if such individual
makes payment of an amount, determined by the Office of
Personnel Management, which would have been deducted and
withheld from the basic pay of such individual if such
individual had been an employee subject to section 8422 of
title 5 for such period so credited, together with interest
thereon.
(d) Participation in Thrift Savings Plan.
An individual described under subsection (a) of this
section shall be deemed a congressional employee for
purposes of chapter 84 of title 5 including subchapter III
thereof and may make contributions under section 8432 of
such title effective for the first applicable pay period
beginning on or after October 6, 1992.
(e) Life insurance coverage.
An individual described under subsection (a) of this
section shall be deemed an employee under section 8701(a)(3)
of title 5 for purposes of life insurance coverage under
chapter 87 of such title.
(f) Source of contributions for benefits.
Government contributions for individuals receiving
benefits under this section, as computed under sections
8423, 8432, and 8708, shall be made by the Secretary of the
Senate from the appropriations account, within the
contingent fund of the Senate, ``Miscellaneous Items''.
(g) Certification of creditable service.
The Office of Personnel Management shall accept the
certification of the Secretary of the Senate concerning
creditable service for the purpose of this section.
(h) Payment to Center of amounts equal to Federal tax on
employers.
(1) Subject to the provisions of paragraph (2), the
Secretary of the Senate shall pay such amounts to the Senate
day care center equal to the tax on employers under section
3111 of the Internal Revenue Code of 1986 with respect to
each employee of the Senate day care center. Such payments
shall be made from the appropriations account, within the
contingent fund of the Senate, ``Miscellaneous Items''.
(2) The Senate day care center shall provide appropriate
documentation to the Secretary of the Senate of payment by
such center of the tax described under paragraph (1), before
the Secretary of the Senate may pay any amount to such
center as provided under paragraph (1).
(i) Administrative provisions.
The Center shall--
(1) consult with the Secretary of the Senate
on the administration of this section;
(2) maintain records on all employees
covered under this section in such manner as the
Secretary of the Senate may require for
administrative purposes;
(3) make deductions and withholdings from
the pay of employees in the amounts determined
under sections 8422, 8432, and 8707 of title 5;
and
(4) transmit such deductions and
withholdings to the Secretary of the Senate for
deposit and remittance to the Office of
Personnel Management.
(j) Regulations.
The Office of Personnel Management may prescribe
regulations to carry out the provisions of this section.
(Pub. L. 102-392, Title III, Sec. 320, Oct. 6, 1992, 106
Stat. 1725; Pub. L. 103-50, Sec. 1203, July 2, 1993, 107
Stat. 268.)
550 Sec. 215. Supervision of Botanical Garden.
The supervision of the Capitol police shall extend over
the Botanical Garden. (R.S. Sec. 1826.)
551 Sec. 216. Superintendent, etc., of Botanical Garden and
greenhouses.
There shall be a superintendent and assistants in the
Botanical Garden and greenhouses, who shall be under the
direction of the Joint Committee on the Library. (R.S.
Sec. 1827.)
552 Sec. 216a. Restriction on use of appropriation for Botanical
Garden.
On and after July 31, 1958, no part of any appropriation
for the Botanic Garden shall be used for the distribution,
by congressional allotment, of trees, plants, shrubs, or
other nursery stock. (July 31, 1958, Pub. L. 85-570,
Sec. 101, 72 Stat. 450.)
553 Sec. 223. Capitol Grounds shuttle service; purchase, etc.,
of vehicles.
Funds appropriated for the Capitol Grounds after October
1, 1976, shall be available for the purchase or rental,
maintenance and operation of passenger motor vehicles to
provide shuttle service for Members and employees of
Congress to and from the buildings in the Legislative group.
(Pub. L. 94-440, Title VI, Sec. 601, Oct. 1, 1976, 90 Stat.
1453.)
Chapter 18.--NATIONAL VISITOR CENTER FACILITIES
Part A.--National Visitor Center
554 Sec. 801. National Visitor Center; designation; parking
facility; authorization of agreements and leases for use
of Union Station.
* * * * * * *
Note
Capitol Grounds; Erection of Flagpoles and Improvement
of Traffic. Pub. L. 94-320, June 25, 1976, 90 Stat. 711,
provided:
That, subject to the approval of the Architect of the
Capitol and to such conditions as he may prescribe, the
Secretary of the Interior is authorized to make such use of
that portion of the United States Capitol Grounds adjacent
or in close proximity to the sidewalks abutting the circular
perimeter of the Union Station Plaza in front of Columbus
Plaza and the National Visitor Center as may be necessary to
enable the Secretary of the Interior to erect and maintain
flagpoles to fly the flags of each of the States of the
United States and its territories and possessions, generally
as shown on NCPC Map File Numbered 1.11 (38.00)-27861.
Sec. 2. (a) Notwithstanding any other provision of law,
the Architect of the Capitol is authorized, subject to the
provisions of this Act and to such conditions as the
Architect of the Capitol may prescribe, to enter into an
agreement with the appropriate officials of the government
of the District of Columbia pursuant to which the Architect
of the Capitol is authorized to permit the government of the
District of Columbia to utilize certain areas of the United
States Capitol Grounds for the purpose of making certain
street changes in order to coordinate and improve the flow
of traffic to and from the United States Capitol Grounds and
the National Visitor Center (formerly Union Station), and
the flow of traffic within Union Station Plaza.
(b) Pursuant to such agreement, the Architect of the
Capitol is authorized to make available to the government of
the District of Columbia, for the purposes referred to in
subsection (a), certain portions of the United States
Capitol Grounds as follows:
(1) approximately two thousand one hundred
square feet of land in Square 680, at the east
end thereof, located within the United States
Capitol Grounds adjacent to the Union Station
Plaza, Massachusetts Avenue, and E Street
Northeast, in order to enable the government of
the District of Columbia to carry out the
purposes referred to in subsection (a) of this
section, and to change the curbline, and
relocate existing sidewalks and curbs, to
conform to such street change;
(2) approximately three thousand five
hundred square feet of land in Square 723, at
the northwest end thereof, located within the
United States Capitol Grounds adjacent to the
Union Station Plaza, First Street, and
Massachusetts Avenue Northeast, in order to
enable the government of the District of
Columbia to carry out the purposes referred to
in subsection (a) of this section, and to change
the curbline, and relocate existing sidewalks
and curbs, to conform to such street change; and
(3) approximately four hundred square feet
of land in Square 721, at the southwest end
thereof, located within the United States
Capitol Grounds adjacent to the Union Station
Plaza and Massachusetts Avenue Northeast, in
order to enable the government of the District
of Columbia to carry out the purposes referred
to in subsection (a) of this section, and to
change the curbline, and relocate existing
sidewalks and curbs, to conform to such street
change.
Sec. 3. Nothing in this Act shall be construed to grant
to the Secretary of the Interior or to the government of the
District of Columbia any right, title, or interest in or to
any part of the United States Capitol Grounds and such area
affected by this Act or any agreement pursuant thereto shall
continue to be a part of the United States Capitol Grounds.
All areas of the United States Capitol Grounds, including
sidewalks, lawns and other growth, streets, and curblines,
disturbed by reason of operations pursuant to this Act shall
be promptly relocated or restored by the Secretary of the
Interior or the government of the District of Columbia, as
the case may be, in a manner approved by, and satisfactory
to the Architect of the Capitol.
Sec. 4. The Congress shall not incur any expense,
liability, obligation, or other responsibility (operational
or otherwise), under or by reason of this Act, or any
agreement pursuant to this Act, or be liable under any claim
or any nature or kind that may arise from either the
construction, operation, or maintenance of the flagpoles
authorized by this Act, or from carrying out any agreement
pursuant to this Act.
Subchapter III.--Capitol Visitor Center
556 Sec. 831. Capitol educational and information center and
information and distribution stations; operation
agreements.
Notwithstanding any other provision of law, the
Architect of the Capitol, in consultation with the House
Office Building Commission and the Senate Office Building
Commission, is hereby authorized and directed to provide
adequate space and facilities in the Capitol Building for an
educational and informational center and information and
distribution stations to afford visitors to the Capitol
Building an opportunity to acquire (1) information relative
to Congressional offices, (2) assistance relative to their
visit to the Capitol, (3) pamphlets, books, drawings, slides
and photographs, and related materials, and (4) information
about the Capitol and the history of the Capitol Building
and past and present Congresses. All materials distributed
by such educational and informational center and such
stations shall first be approved by the Architect of the
Capitol, after consultation with the House Committee on
House Oversight of the House of Representatives, the Senate
Committee on Rules and Administration, the United States
Capitol Historical Society, and such other educational and
historical groups as the Architect of the Capitol deems
appropriate. The Architect of the Capitol is hereby
authorized to enter into such agreements as may be
reasonably necessary to operate such educational and
informational center and stations. (Mar. 12, 1968, Pub. L.
90-264, Sec. 301, 82 Stat. 46; Aug. 20, 1996, Pub. L. 104-
186, Title II, Sec. 221(16), 110 Stat. 1750.)
Subchapter IV.--Capitol Guide Service
558 Sec. 851. Capitol Guide Service.
558.1 (a) Establishment; designation; Supervision of Capitol Guide
Board; membership of Board.
There is hereby established an organization under the
Congress of the United States, to be designated the
``Capitol Guide Service'', which shall be subject to the
direction, supervision, and control of a Capitol Guide Board
consisting of the Architect of the Capitol, the Sergeant at
Arms of the Senate, and the Sergeant at Arms of the House of
Representatives.
558.2 (b) Guided tours; regulations.
The Capitol Guide Service is authorized and directed to
provide guided tours of the interior of the United States
Capitol Building for the education and enlightenment of the
general public, without charge for such tours. All such
tours shall be conducted in compliance with regulations
prescribed by the Capitol Guide Board.
558.3 (c) Duties of Capitol Guide Board; positions of guide in
Capitol Guide Service; establishment and revision;
Chief, Deputy Chief, and Assistant Chief Guide and
Guides: appointment, duties, pay and termination of
employment.
The Capitol Guide Board is authorized--
(1) with the prior approval of the Committee
on Rules and Administration of the Senate and
the Committee on House Oversight of the House of
Representatives, to establish and revise such
number of positions of Guide in the Capitol
Guide Service as the Board considers necessary
to carry out effectively the activities of the
Capitol Guide Service;
(2) to appoint, on a permanent basis,
without regard to political affiliation, and
solely on the basis of fitness to perform their
duties, a Chief Guide, a Deputy Chief Guide, and
an Assistant Chief Guide, and, in addition, such
number of Guides as may be authorized under
subparagraph (1) of this subsection;
(3) to prescribe their duties and
responsibilities;
(4) with the prior approval of the Committee
on Rules and Administration of the Senate and
the Committee on House Oversight of the House of
Representatives, to fix, and adjust from time to
time, their respective rates of pay at single
per annum (gross) rates; and
(5) to terminate their employment as the
Board considers appropriate.
558.4 (d) Uniforms.
The Capitol Guide Board shall--
(1) prescribe a uniform dress, including
appropriate insignia, which shall be worn by
personnel of the Capitol Guide Service when on
duty; and
(2) from time to time, as may be necessary,
procure and furnish such uniforms to such
personnel without charge to such personnel.
558.5 (e) Acceptance of fees; prohibition.
An employee of the Capitol Guide Service shall not
charge or accept any fee, or accept any gratuity, for or on
account of his official services.
558.6 (f) Personnel detail.
The Capitol Guide Board may detail personnel of the
Capitol Guide Service to assist the United States Capitol
Police by providing ushering and informational services, and
other services not directly involving law enforcement, in
connection with the inauguration of the President and Vice
President of the United States, the official reception of
representatives of foreign nations and other persons by the
Senate or House of Representatives, and other special or
ceremonial occasions in the United States Capitol Building
or on the United States Capitol Grounds which require the
presence of additional Government personnel and which cause
the temporary suspension of the performance of the regular
duties of the Capitol Guide Service.
558.7 (g) Historical and educational information.
The Capitol Guide Board may receive and consider advice
and information from any private historical or educational
organization, association, or society with respect to those
operations of the Capitol Guide Service which involve the
furnishing of historical and educational information to the
general public.
558.8 (h) Regulations for operation of service.
With the prior approval of the Committee on Rules and
Administration of the Senate and the Committee on House
Administration of the House of Representatives, the Capitol
Guide Board shall prescribe such regulations as the Board
considers necessary and appropriate for the operation of the
Capitol Guide Service.
558.9 (i) Disciplinary action.
The Capitol Guide Board may take appropriate
disciplinary action, including, when circumstances warrant,
suspension from duty without pay, reduction in pay,
demotion, or removal from employment with the Capitol Guide
Service, against any employee who violates any provision of
this section or any regulation prescribed by the Board
pursuant to this section.
558.10 (j) Volunteers.
(1) Notwithstanding section 1342 of title 31, the
Capitol Guide Service is authorized to accept voluntary
personal services.
(2) No person shall be permitted to donate personal
services under this subsection unless the person has first
agreed, in writing, to waive any claim against the United
States arising out of or in connection with such services,
other than a claim under chapter 81 of title 5.
(3) No person donating personal services under this
section shall be considered an employee of the United States
for any purposes other than for purposes of chapter 81 of
title 5.
(4) In no case shall the acceptance of personal services
under this section result in the reduction of pay or
displacement of any employee of the Capitol Guide Service.
(As amended Pub. L. 104-186, Title II, Sec. 221(17), Aug.
20, 1996, 110 Stat. 1750; Pub. L. 104-279, Oct. 9, 1996, 110
Stat. 3358.)
Chapter 21.--NATIONAL CAPITAL MEMORIALS AND COMMEMORATIVE
WORKS
559.1 Sec. 1001. Purposes.
The purposes of this Act are as follows:
(a) to preserve the integrity of the
comprehensive design of the L'Enfant and
McMillan plans for the Nation's Capital;
(b) to ensure the continued public use and
enjoyment of open space in the District of
Columbia;
(c) to preserve, protect and maintain the
limited amount of open space available to
residents of, and visitors to, the Nation's
Capital; and
(d) to ensure that future commemorative
works in areas administered by the National Park
Service and the General Services Administration
in the District of Columbia and its environs (1)
are appropriately designed, constructed, and
located and (2) reflect a consensus of the
lasting national significance of the subjects
involved.
(Pub. L. 99-652, Sec. 1, Nov. 14, 1986, 100 Stat. 3650.)
559.2 Sec. 1002. Definitions.
As used in this Act--
(a) the term ``Secretary'' means the
Secretary of the Interior;
(b) the term ``Administrator'' means the
Administrator of the General Services
Administration;
(c) the term ``commemorative work'' means
any statue, monument, sculpture, memorial,
plaque, inscription or other structure or
landscape feature, including a garden or
memorial grove, designed to perpetuate in a
permanent manner the memory of an individual,
group, event or other significant element of
American history. The term does not include any
such item which is located within the interior
of a structure or a structure which is primarily
used for other purposes;
(d) the term ``person'' means a public
agency, and an individual, group or organization
that is described in section 501(c)(3) of title
26 and exempt from tax under section 501(a) of
such title, and which is authorized by Congress
to establish a commemorative work in the
District of Columbia and its environs;
(e) notwithstanding any other provision of
law, the term ``the District of Columbia and its
environs'' means those lands and properties
administered by the National Park Service and
the General Services Administration located in
Areas I and II as depicted on the map numbered
869/86501, and dated May 1, 1986.
(Pub. L. 99-652, Sec. 2, Nov. 14, 1986, 100 Stat. 3650; Pub.
L. 103-321, Sec. 2, Aug. 26, 1994, 108 Stat. 1793.)
559.3 Sec. 1003. Congressional authorization of commemorative
works.
(a) Works on Federal lands.
No commemorative work may be established on Federal
lands referred to in section 1001(d) of this title in the
District of Columbia and its environs unless specifically
authorized by law. All such authorized commemorative works
shall be subject to applicable provisions of this chapter.
(b) Military commemorative works.
A military commemorative work may be authorized only to
commemorate a war or similar major military conflict or to
commemorate any branch of the Armed Forces. No commemorative
work commemorating a lesser conflict or a unit of an Armed
Force shall be authorized. Commemorative works to a war or
similar major military conflict shall not be authorized
until at least 10 years after the officially designated end
of the event.
(c) Works commemorating events, individuals, or groups.
A commemorative work commemorating an event,
individual, or group of individuals, other than a military
commemorative work as described in subsection (b) of this
section, shall not be authorized until after the 25th
anniversary of the event, death of the individual, or death
of the last surviving member of the group.
(d) Consultation with National Capital Memorial Commission.
In considering legislation authorizing commemorative
works within the District of Columbia and its environs, the
Committee on House Oversight of the House of Representatives
and the Energy and Natural Resources Committee of the Senate
shall solicit the views of the National Capital Memorial
Commission. (Pub. L. 99-652, Sec. 3, Nov. 14, 1986, 100
Stat. 3651, amended Pub. L. 100-202, Sec. 101(f) [Title II,
Sec. 3], Dec. 22, 1987, 101 Stat. 1329-196; Pub. L. 100-230,
Sec. 3, Jan. 5, 1988, 101 Stat. 1564; Pub. L. 103-321,
Sec. 2, Aug. 26, 1994, 108 Stat. 1794; Pub. L. 104-186,
Title II, Sec. 221(18) Aug. 20, 1996, 110 Stat. 1750.)
559.4 Sec. 1004. National Capital Memorial Commission.
(a) The National Capital Memorial Advisory Committee as
established by the Secretary is redesignated as the National
Capital Memorial Commission. The membership of the
Commission shall be expanded to include:
Director, National Park Service (Chairman)
Architect of the Capitol
Chairman, American Battle Monuments
Commission
Chairman, Commission of Fine Arts
Chairman, National Capital Planning
Commission
Mayor, District of Columbia
Commissioner, Public Building Service,
General Services Administration
Secretary, Department of Defense
(b) The National Capital Memorial Commission shall
advise the Secretary and the Administrator on policy and
procedures for establishment of (and proposals to establish)
commemorative works in the District of Columbia and its
environs, as well as such other matters concerning
commemorative works in the Nation's Capital as it may deem
appropriate. The Commission shall meet at least twice
annually. (Pub. L. 99-652, Sec. 4, Nov. 14, 1986, 100 Stat.
3651.)
559.5 Sec. 1005. Availability of map depicting Area I and Area II.
The Secretary and the Administrator shall make
available, for public inspection at appropriate offices of
the National Park Service and the General Services
Administration, the map numbered 869/86501, and dated May 1,
1986. (Pub. L. 99-652, Sec. 5, Nov. 14, 1986, 100 Stat.
3651.)
559.6 Sec. 1006. Specific conditions applicable to Areas I and II.
(a) Area I.--The Secretary or Administrator (as
appropriate) may, after seeking the advice of the National
Capital Memorial Commission, recommend the location of a
commemorative work in Area I only if the Secretary or
Administrator (as appropriate) determines that the subject
of the commemorative work is of preeminent historical and
lasting significance to the Nation. The Secretary or
Administrator (as appropriate) shall notify the National
Capital Memorial Commission and the committees of Congress
specified in section 3(b) of the recommendation by the
Secretary or Administrator (as appropriate) that a
commemorative work should be located in Area I. The location
of a commemorative work in Area I shall be deemed not
authorized, unless, not later than 150 calendar days after
such notification, the recommendation is approved by law.
(b) Area II.--Commemorative works of subjects of lasting
historical significance to the American people may be
located in Area II. (Pub. L. 99-652, Sec. 6, Nov. 14, 1986,
100 Stat. 3651; Pub. L. 103-321, Sec. 2, Aug. 26, 1994, 108
Stat. 1794.)
559.7 Sec. 1007. Site and design approval.
(a) Any person authorized by law to establish a
commemorative work in the District of Columbia and its
environs shall comply with each of the following
requirements before requesting the permit for the
construction of the commemorative work:
(1) Such person shall consult with the
National Capital Memorial Commission regarding
the selection of alternative sites and designs
for the commemorative work.
(2) Following consultation in accordance
with paragraph (1), the Secretary or
Administrator (as appropriate) shall submit, on
behalf of such person, site and design proposals
to the Commission on Fine Arts and the National
Capital Planning Commission for their approval.
(b) In considering site and design proposals, the
Commission on Fine Arts, the National Capital Planning
Commission and the Secretary and Administrator shall be
guided by, but not limited by, the following criteria:
(1) to the maximum extent possible, a
commemorative work shall be located in
surroundings that are relevant to the subject of
the commemorative work;
(2) a commemorative work shall be so located
as to prevent interference with, or encroachment
upon, any existing commemorative work and to
protect, to the maximum extent practicable, open
space and existing public use; and
(3) a commemorative work shall be
constructed of durable material suitable to the
outdoor environment. Landscape features of
commemorative works shall be compatible with the
climate. (Pub. L. 99-652, Sec. 7, Nov. 14, 1986,
100 Stat. 3652; Pub. L. 103-321, Sec. 2(d), Aug.
26, 1994, 108 Stat. 1794.)
559.8 Sec. 1008. Criteria for issuance of construction permit.
(a) Issuance of construction permit.
Prior to issuing a permit for the construction of a
commemorative work in the District of Columbia and its
environs, the Secretary or Administrator (as appropriate)
shall determine that:
(1) the site and design have been approved
by the Secretary or Administrator (as
appropriate), the National Capital Planning
Commission and the Commission on Fine Arts;
(2) knowledgeable persons qualified in the
field of preservation and maintenance have been
consulted to determine structural soundness and
durability of the commemorative work, and to
assure that the commemorative work meets high
professional standards;
(3) the person authorized to construct the
commemorative work has submitted contract
documents for construction of the commemorative
work to the Secretary or Administrator (as
appropriate); and
(4) the person authorized to construct the
commemorative work has available sufficient
funds to complete construction of the project.
(b) Donation for perpetual maintenance and preservation.
In addition to the foregoing criteria, no construction
permit shall be issued unless the person authorized to
construct the commemorative work has donated an amount equal
to 10 per centum of the total estimated cost of construction
to offset the costs of perpetual maintenance and
preservation of the commemorative work: Provided, That the
provisions of this subsection shall not apply in instances
when the commemorative work is constructed by a Department
or agency of the Federal Government and less than 50 per
centum of the funding for such work is provided by private
sources.
(1) Notwithstanding any other provision of
law, all moneys provided by persons for
maintenance pursuant to this subsection shall be
credited to a separate account in the Treasury.
(2) Congress authorizes and directs that the
Secretary of the Treasury shall make all or a
portion of such moneys available to the
Secretary or the Administrator at his request
for maintenance of commemorative works. Under no
circumstances may the Secretary or Administrator
request funds from the separate account
exceeding the total moneys deposited by persons
establishing commemorative works in areas he
administers. The Secretary and the Administrator
shall maintain an inventory of funds available
for such purposes: Provided, That such moneys
shall not be subject to annual appropriations.
(c) Suspension for misrepresentation of fundraising; annual
reports.
(1) The Secretary or the Administrator (as appropriate)
may suspend any activity under the authority of this chapter
with respect to the establishment of a commemorative work if
the Secretary or Administrator determines the fundraising
efforts with respect to the commemorative work have
misrepresented an affiliation with the commemorative work or
the United States.
(2) The person shall be required to submit to the
Secretary or Administrator an annual report of operations,
including financial statements audited by an independent
certified public accountant, paid for by the person
authorized to construct the commemorative work. (Pub. L. 99-
652, Sec. 8, Nov. 14, 1986, 100 Stat. 3652; Pub. L. 103-321,
Sec. 2, Aug. 26, 1994, 108 Stat. 1794.)
559.9 Sec. 1009. Temporary site designation.
(a) If the Secretary, in consultation with the National
Capital Memorial Commission, determines that a site where
commemorative works may be displayed on a temporary basis is
necessary in order to aid in the preservation of the limited
amount of open space available to residents of, and visitors
to, the Nation's Capital, a site may be designated on lands
administered by the Secretary in the District of Columbia. A
designation may not be made under the preceding sentence
unless, at least one hundred and twenty days before the
designation, the Secretary, in consultation with the
National Capital Memorial Commission, prepares and submits
to the Congress a plan for the site. The plan shall include
specifications for the location, construction, and
administration of the site, and criteria for displaying
commemorative works at the site.
(b) Any commemorative work displayed at the site shall
be installed, maintained, and removed at the sole expense
and risk of the person authorized to display the
commemorative works. Such person shall agree to indemnify
the United States for any liability arising from the display
of the commemorative work under this section. (Pub. L. 99-
652, Sec. 9, Nov. 14, 1986, 100 Stat. 3653; Pub. L. 103-321,
Sec. 2(f), Aug. 26, 1994, 108 Stat. 1795.)
559.10 Sec. 1010. Miscellaneous provisions.
(a) Documentation of design and construction to Secretary or
Administrator.
Complete documentation of design and construction of
each commemorative work located in the District of Columbia
and its environs shall be provided to the Secretary or the
Administrator (as appropriate) and shall be permanently
maintained in the manner provided by law.
(b) Expiration of legislative authority for commemorative
work.
Any legislative authority for a commemorative work shall
expire at the end of the seven-year period beginning on the
date of the enactment of such authority unless the Secretary
or Administrator (as appropriate) has issued a construction
permit for the commemorative work during that period.
(c) Responsibility for maintenance of completed work.
Upon completion of any commemorative work within the
District of Columbia and its environs, the Secretary or
Administrator (as appropriate) shall assume responsibility
for the maintenance of such work.
(d) Development of regulations or standards.
The Secretary and the Administrator shall develop
appropriate regulations or standards to carry out this
chapter.
(e) Commemorative works to which applicable.
This Act shall not apply to commemorative works
authorized by a law enacted before the commencement of the
Ninety-ninth Congress. (Pub. L. 99-652, Sec. 10, Nov. 14,
1986, 100 Stat. 3654; Pub. L. 102-216, Dec. 11, 1991, 105
Stat. 1666; Pub. L. 103-321, Sec. 2(g), Aug. 26, 1994, 108
Stat. 1795.)
Chapter 23.--JUDICIARY OFFICE BUILDING DEVELOPMENT
559.11 Sec. 1201. Findings and purposes.
(a) Findings.
The Congress makes the following findings and
declarations:
(1) Space for consolidation of activities of
the Administrative Office of the United States
Courts and other offices of the judicial branch
of Government and for providing office space for
retired justices of the Supreme Court is
necessary and should be located in the vicinity
of the Supreme Court building.
(2) Orderly development of the Capitol
Grounds should be consistent with the Master
Plan for the United States Capitol, dated 1981.
(3) The cost of leasing space by the
judicial branch of the Government is high.
(4) Development of squares 721 and 722 in
the District of Columbia is necessary to achieve
the objectives of the Union Station
Redevelopment Act [40 U.S.C.A. Sec. 811 et seq.]
and the revitalization of the Union Station
area.
(5) The Judicial Conference of the United
States endorsed by resolution the construction
of an office building on the Capitol Grounds to
house the Administrative Office of the United
States Courts and related judicial branch
offices.
(b) Purposes.
The purposes of this chapter are as follows:
(1) To implement the report submitted to
Congress by the Architect and the Secretary of
Transportation under the Act of December 28,
1985 (99 Stat. 1749-1750), relating to the needs
of the Federal judiciary for additional Federal
office space.
(2) To authorize the Architect to acquire by
lease space primarily for use by the judicial
branch of the Government by entering into
contracts for the design and construction of a
building adjacent to Union Station.
(3) To ensure that the design and
construction of such building will insofar as
practicable result in a building which is
efficient and economical and which provides
visual testimony to the dignity, enterprise,
vigor, and stability of the Federal Government.
(Pub. L. 100-480, Sec. 2, Oct. 7, 1988, 102 Stat
2328.)
559.12 Sec. 1202. Construction of building.
(a) Selection process.
(1) General rule.
The Architect, under the direction of the
Commission and in accordance with such policies
and procedures as the Architect shall establish,
shall select in accordance with provision of
this subsection a person to develop squares 721
and 722 (bounded by F Street, 2nd Street,
Massachusetts Avenue, and Columbia Plaza,
Northeast) in the District of Columbia.
(2) Revision of proposals.
Not later than 90 days after October 7,
1988, each of the 5 persons who submitted a
proposal for development of squares 721 and 722
under the study conducted under the Act of
December 28, 1985 (99 Stat. 1749-1750), which is
one of the 5 proposals under consideration by
the Architect may revise such proposal to take
into account the objectives of this chapter and
resubmit such proposal to the Architect.
(3) Selection of revised proposal.
Subject to paragraph (4), not later than 120
days after October 7, 1988, the Architect shall
select one of the persons resubmitting a
proposal under paragraph (2) to develop squares
721 and 722 in the District of Columbia.
(4) Nonsubmission of revised proposals; protection
of United States interest.
If no proposal is resubmitted to the
Architect under paragraph (2) in the 90-day
period or if the Architect determines that none
of the proposals resubmitted under paragraph (2)
is in the best interests of the United States,
the Architect shall conduct a competition for
selection of a person to develop squares 721 and
722 in the District of Columbia. Such
competition shall be conducted in accordance
with such policies and procedures as the
Architect may establish for a development
competition.
(5) Purpose of development.
The purpose of development of squares 721
and 722 is to provide office space for the
Administrative Office of the United States
Courts, the Federal Judicial Center, the
Judicial Panel of Multidistrict Litigation, and
the United States Sentencing Commission,
chambers for retired justices of the Supreme
Court, and other related offices of the judicial
branch of the United States and other persons
(including governmental entities).
(6) Approval of Chief Justice.
All final decisions regarding architectural
design of the building to be constructed under
this chapter shall be subject to the approval of
the Chief Justice of the United States.
(7) Prohibitions on payments for bids and designs.
The Architect may not make any payment to
any person for any bid or design proposal under
any competition conducted under this subsection.
(8) Limitations.
(A) Size of building.
The building (excluding parking facilities)
to be constructed under this chapter may not
exceed 520,000 gross square feet in size above
the level of Columbia Plaza in the District of
Columbia.
(B) Height of building.
The height of the building and other
improvements shall be compatible with the height
of surrounding Government and historic buildings
and conform to the provisions of the Act of June
1, 1910, commonly known as the Building Height
Act of 1910 (36 Stat. 452).
(C) Design.
The building and other improvements shall be
designed in harmony with historical and
Government buildings in the vicinity, shall
reflect the symbolic importance and historic
character of the United States Capitol and other
buildings on the United States Capitol grounds,
and shall represent the dignity and stability of
the Federal Government.
(b) Development agreement.
(1) Authority to enter.
The Architect may enter into with the person
selected to develop squares 721 and 722 under
subsection (a) of this section an agreement for
the development of such squares. Except as
otherwise provided in this chapter, such
agreement shall provide for development of such
squares substantially in accordance with (A)
alternative D of the report to Congress entitled
``The Study of Alternatives for the Construction
of an Office Building(s) for the Administrative
Office of the United States Courts'', submitted
to Congress on August 10, 1987, by the Architect
and the Secretary of Transportation, and (B) the
Master Plan for the United States Capitol, dated
1981.
(2) Contents.
The development agreement under paragraph
(1) shall at a minimum provide for the
following:
(A) Except to the extent otherwise
provided by this chapter, all design,
development, and construction costs incurred
with respect to the building to be
constructed under the agreement will be at
no cost to the United States.
(B) Title to squares 721 and 722 will
remain in the United States.
(C) Title to the building and other
improvements constructed or otherwise made
on or to squares 721 and 722 will
immediately revert to the United States at
the expiration of not more than 30 years
from the effective date of the lease
agreement entered into under section 1203 of
this title without payment of any
compensation by the United States.
(D) The building and other improvements
constructed on or to squares 721 and 722 to
be leased to the United States will be in
accordance with the provisions of this
chapter and the lease agreement will contain
such terms and conditions as may be
prescribed by the Architect to carry out the
objectives of this chapter.
The agreement shall include a copy of the lease
agreement entered into under section 1203 of this
title by the Architect and the person selected to
develop squares 721 and 722.
(c) Chilled water and steam from the Capitol Power Plant.
(1) Authority for hookup to Capitol Power Plant.
The building to be constructed under this
chapter may be connected to the Capitol Power
Plant through construction of extensions to the
chilled water and steam lines which serve Union
Station. If such building is to be connected to
the Capitol Power Plant, the agreement under
subsection (b) of this section between the
Architect and the person selected to construct
such building shall provide that such person
will bear all costs associated with the
installation of chilled water and steam lines to
the building and shall reimburse the Union
Station Redevelopment Corporation for an
equitable share of the costs incurred by the
Union Station Redevelopment Corporation in the
construction of extensions of the chilled water
and steam lines from such Plant to Union
Station.
(2) Furnishing of chilled water and steam from
Capitol Power Plant.
If the building to be constructed under this
chapter is connected with the Capitol Power
Plant pursuant to paragraph (1), the Architect
shall furnish, on a reimbursable basis, chilled
water and steam from such Plant to such
building.
(d) Construction standards and inspections.
The building and other improvements constructed under
this chapter shall meet all standards applicable to
construction of a Federal building. During construction, the
Architect shall conduct periodic inspections of such
building for the purpose of assuring that such standards are
being met. Such building shall not be subject to any law of
the District of Columbia relating to building codes,
permits, or inspection (including any such law enacted by
Congress).
(e) Applicability of certain laws.
The building and other improvements constructed under
this chapter shall not be subject to any law of the District
of Columbia relating to real estate and personal property
taxes, special assessments, or other taxes (including any
such law enacted by Congress). (Pub. L. 100-480, Sec. 3,
Oct. 7, 1988, 102 Stat. 2329.)
559.13 Sec. 1203. Lease of building by the Architect of the
Capitol.
(a) Entry into lease agreement.
Before the development agreement is entered into under
section 1202 of this title, the Architect shall enter into
with the person selected to construct the building under
this chapter an agreement for the lease of such building by
the Architect to carry out the objectives of this chapter.
(b) Terms of lease agreement.
The agreement entered into under this section shall
include at a minimum the following terms:
(1) The Architect will lease the building
and other improvements for a term not to exceed
30 years from the effective date of such lease
agreement.
(2) The rental rate per square foot of
occupiable space for all space in the building
and other improvements will be in the best
interest of the United States and carry out the
objectives of this chapter, but in no case may
the aggregate rental rate for all space in the
building and other improvements produce an
amount less than the amount necessary to
amortize the cost of development of squares 721
and 722 over the term of the lease.
(3) Authority for the Architect to make
space available and to sublease space in the
building and other improvements in accordance
with section 1205 of this title.
(c) Accounting system.
The Architect shall maintain an accounting system for
operation and maintenance of the building and other
improvements to be constructed under this chapter which will
permit accurate projections of the dates and the costs of
major repairs, improvements, reconstructions, and
replacements of such building and improvements and other
capital expenditures on such building and improvements.
(d) Obligation of funds.
Obligation of funds for lease payments under this
section may only be made on an annual basis and may only be
made from the account established by section 1207 of this
title. (Pub. L. 100-480, Sec. 4, Oct. 7, 1988, 102 Stat.
2331.)
559.14 Sec. 1204. Structural and mechanical care and security.
(a) Structural and mechanical care.
Upon occupancy by the United States of the building and
other improvements constructed under this chapter, the
structural and mechanical care and maintenance of such
building and improvements (including the care and
maintenance of the grounds of such building) shall be the
responsibility of the Architect, under the direction of the
Commission, in the same manner and to the same extent as the
structural and mechanical care and maintenance of the United
States Supreme Court Building under section 13a of this
title, and all other duties and work required for the
operation and domestic care of such building and
improvements shall be performed by the Architect, under the
direction of the Commission.
(b) Security.
(1) General rule.
The United States Capitol Police shall be
responsible for all exterior security of the
building and other improvements constructed
under this chapter.
(2) Authority of Supreme Court Marshal.
Nothing in this chapter shall be construed
to interfere with the obligation of the Marshal
of the Supreme Court of the United States to
protect justices, officers, employees, or other
personnel of the Supreme Court who may occupy
the building and other improvements.
(3) Reimbursement.
The Architect shall transfer from the
account established by section 1207 of this
title such amounts as may be necessary to
reimburse the United States Capitol Police for
expenses incurred in providing exterior security
under this subsection. The United States Capitol
Police may accept amounts transferred by the
Architect under this paragraph, and such amounts
shall be credited to the appropriation account
charged by the United States Capitol Police in
executing the performance of security duties.
(c) Authority of Capitol Police.
The United States Capitol Police are authorized to
police the building and other improvements constructed
pursuant to this chapter, including the interior and
exterior thereof, and to make arrests within the interior
and exterior of such building and other improvements for any
violation of any law of the United States, of the District
of Columbia, or of any State, or any regulation promulgated
pursuant thereto. (Pub. L. 100-480, Sec. 5, Oct. 7, 1988,
102 Stat. 2331; Pub. L. 102-392, Title III, Sec. 311(a),
Oct. 6, 1992, 106 Stat. 1723.)
559.15 Sec. 1205. Allocation of space.
(a) Governmental entities.
(1) Judicial branch.
Subject to the provisions of this section,
the Architect shall make available, on a
reimbursable basis, all space in the building
and other improvements constructed under this
chapter to the judicial branch of the United
States substantially in accordance with the
report referred to in section 1202(b)(1) of this
title.
(2) Other.
Any space in the building and other
improvements constructed under this chapter
which the Chief Justice determines is not needed
by the judicial branch of the United States may
be made available by the Architect, on a
reimbursable basis, to Federal governmental
entities which are not part of the judicial
branch and which are not staff of Members of
Congress or Congressional Committees.
(3) Terms and conditions.
Space made available under this subsection
shall be subject to such terms and conditions as
are necessary to carry out the objectives of
this chapter.
(4) Reimbursement rate.
All space made available by the Architect
under this subsection shall be subject to
reimbursement at the rate established under
section 1203(b)(2) of this title plus such
amount as the Architect and--
(A) in the case of the judicial branch,
the Director of the Administrative Office of
the United States Courts, or
(B) in the case of any governmental
entity not a part of the judicial branch,
such entity,
determine is necessary to pay on an annual basis for
the cost of administering the building and other
improvements (including costs of operation,
maintenance, rehabilitation, security, and
structural, mechanical, and domestic care) which are
attributable to such space.
(5) Meeting judicial branch needs.
(A) In general.
Whenever the Chief Justice notifies the
Architect that the judicial branch of the United
States requires additional space in the building
and other improvements constructed under this
chapter, the Architect shall accommodate those
requirements (i) in the case of space made
available to the Administrator of General
Services, by a date agreed upon under
subparagraph (B), or (ii) in the case of space
made available to any person or governmental
entity (other than the General Services
Administration), within 90 days after the date
of such notification.
(B) Space available to GSA.
In any case in which such additional space
is provided from space in the building made
available to the Administrator of General
Services, the space shall be vacated
expeditiously by not later than a date mutually
agreed upon by the Chief Justice and the
Administrator of General Services.
(C) Unoccupied space
Whenever any space in the building is
unoccupied, the Chief Justice shall have a right
of first refusal to use such space to meet the
needs of the judicial branch in accordance with
this subsection.
(6) Assignment of space within the judicial branch.
The Director of the Administrative Office of
the United States Courts may assign and reassign
space made available to the judicial branch of
the United States under this subsection among
offices of the judicial branch as the Director
deems appropriate.
(7) Lease authority.
The Architect of the Capitol is authorized
to lease and occupy not more than 75,000 square
feet of space in the Thurgood Marshall Federal
Judiciary Building. Payments under any such
lease shall be made upon vouchers approved by
the Architect of the Capitol. There are
authorized to be appropriated--
(A) to the Architect of the Capitol such
sums as may be necessary to carry out this
paragraph, including sums for the
acquisition and installation of furniture
and furnishings for space leased under this
paragraph; and
(B) to the Sergeant at Arms of the
Senate such sums as may be necessary for the
planning, acquisition, and installation of
telecommunications equipment and services
for the Architect of the Capitol with
respect to space leased under this
paragraph.
(8) Lease approval.
Any lease under paragraph (7) shall be
subject to approval by the Committee on
Appropriations of the House of Representatives,
the Committee on Appropriations of the Senate,
the House Office Building Commission, and the
Committee on Rules and Administration of the
Senate.
(b) Nongovernmental tenants.
(1) General rule.
Any space in the building and other
improvements constructed under this chapter
which the Chief Justice determines is not needed
by the judicial branch of the United States
shall first be offered to other Federal
governmental entities which are not staff of
Members of Congress or Congressional Committees;
and then, if any space remains, it may be
subleased by the Architect, under the direction
of the Commission, to any person.
(2) Rental rate.
All space subleased by the Architect under
this subsection shall be subject to
reimbursement at a rate which is comparable to
prevailing rental rates for similar facilities
in the area but not less than the rate
established under section 1203(b)(2) of this
title plus such amount as the Architect and the
person subleasing such space agree is necessary
to pay on an annual basis for the cost of
administering the building (including costs of
operation, maintenance, rehabilitation,
security, and structural, mechanical, and
domestic care) which are attributable to such
space.
(3) Limitation.
Subleases under this subsection must be
compatible with the dignity and functions of the
judicial branch offices housed in the building
and must not unduly interfere with the
activities and operations of the judicial branch
agencies housed in the building. The provisions
of section 193d, and section 193m-1 of this
title shall not apply to any space in the
building and other improvements subleased to a
non-Government tenant under this subsection.
(4) Collection of rent.
The Architect shall collect rent for space
subleased under this subsection.
(c) Deposit of rent and reimbursements.
All funds received under this subsection (including
lease payments and reimbursements) shall be deposited into
the account established by section 1207 of this title. (Pub.
L. 100-480, Sec. 6, Oct. 7, 1988, 102 Stat. 2332; Pub. L.
102-392, Title III, Sec. 318, Oct. 6, 1992, 106 Stat. 1724;
Pub. L. 103-4, Sec. 2, Feb. 8, 1993, 107 Stat. 30.)
559.16 Sec. 1206. Commission for Judiciary Office Building.
(a) Establishment.
There is established a Commission to be known as the
Commission for the Judiciary Office Building.
(b) Membership.
The Commission shall be composed of the following 13
members:
(1) Two individuals appointed by the Chief
Justice from among justices of the Supreme Court
and other judges of the United States (or their
designees).
(2) The members of the House Office Building
Commission (or their designees).
(3) The majority leader and minority leader
of the Senate (or their designees).
(4) The Chairman and the ranking minority
member of the Senate Committee on Rules and
Administration (or their designees).
(5) The Chairman and the ranking minority
member of the Senate Committee on Environment
and Public Works (or their designees).
(6) The Chairman and ranking minority member
of the Committee on Public Works and
Transportation of the House of Representatives
(or their designees).
(c) Duties.
The Commission shall be responsible for supervision of
design, construction, operation, maintenance, structural,
mechanical, and domestic care and security of the building
to be constructed under this chapter. The Commission shall
from time to time prescribe rules and regulations to govern
the actions of the Architect under this chapter and to
govern the use and occupancy of all space in such building.
(d) Quorum.
Seven members of the Commission shall constitute a
quorum. (Pub. L. 100-480, Sec. 7, Oct. 7, 1988, 102 Stat.
2334.)
559.17 Sec. 1207. Funding.
(a) Separate account.
There is established in the Treasury of the United
States a separate account. Such account shall include all
amounts deposited therein under section 1205(c) of this
title and such amounts as may be appropriated thereto but
not to exceed $2,000,000. Amounts in the account shall be
available to the Architect for paying expenses for
structural, mechanical, and domestic care, maintenance,
operation, and utilities of the building and other
improvements constructed under this chapter, for reimbursing
the United States Capitol Police for expenses incurred in
providing exterior security for the building and other
improvements, for making lease payments under section 1203
of this title and for necessary personnel (including
consultants).
(b) Unexpended balances of funds.
The unexpended balance of funds appropriated by the
Urgent Supplemental Appropriations Act, 1986 under the
heading ``Study of Construction of Office Building'' (100
Stat. 717) are transferred to the Architect on October 7,
1988. Such unexpended balance shall be available for design
review, construction inspection, contract administration,
and such other project related costs under this chapter as
the Architect may deem appropriate. (Pub. L. 100-480,
Sec. 9, Oct. 7, 1988, 102 Stat. 2334; Pub. L. 102-392, Title
III, Sec. 311(b), Oct. 6, 1992, 106 Stat. 1723.)
559.18 Sec. 1208. Definitions.
As used in this chapter--
(1) Architect.
The term ``Architect'' means the Architect
of the Capitol.
(2) Chief Justice.
The term ``Chief Justice'' means the Chief
Justice of the United States or his designee;
except that in any case in which there is a
vacancy of the office of the Chief Justice of
the United States, the most senior associate
justice of the Supreme Court shall be treated as
the Chief Justice of the United States for
purposes of this chapter until such time as such
vacancy is filled.
(3) Commission.
The term ``Commission'' means the Commission
for the Judiciary Office Building established by
section 1206 of this title. (Pub. L. 100-480,
Sec. 10, Oct. 7, 1988, 102 Stat. 2335.)
41 u.s.c.--public contracts
general and permanent laws relating to the senate
TITLE 41.--PUBLIC CONTRACTS
Chapter 1.--GENERAL PROVISIONS
560 Sec. 6a-1. Architect of the Capitol, exception from
advertisement requirement.
On and after July 27, 1965, the purchase of supplies and
equipment and the procurement of services for all branches
under the Architect of the Capitol may be made in the open
market without compliance with section 5 of this title in
the manner common among businessmen, when the aggregate
amount of the purchase or the service does not exceed
$25,000 in any instance. (As amended Pub. L. 93-356, Sec. 2,
July 25, 1974, 88 Stat. 390, Pub. L. 98-191 Sec. 9(c), Dec.
1, 1983, 98 Stat. 1332.)
560.1 Sec. 6a-2. Architect of the Capitol, authority for personal
services contracts with legal entities.
Notwithstanding any other provision of law, the
Architect of the Capitol is authorized to contract for
personal services with any firm, partnership, corporation,
association, or other legal entity in the same manner as he
is authorized to contract for personal services with
individuals under the provisions of section 5 of this title.
(Pub. L. 96-558, Dec. 19, 1980, 94 Stat. 3263.)
561 Sec. 22. Interest of Member of Congress.
No member of Congress shall be admitted to any share or
part of any contract or agreement made, entered into, or
accepted by or on behalf of the United States, or to any
benefit to arise thereupon. (R.S. Sec. 3741; Feb. 27, 1877,
ch. 69, Sec. 1, 19 Stat. 249; Jan. 25, 1934, ch. 5, 48 Stat.
337; June 27, 1934, ch. 847, Title V, Sec. 510, 48 Stat.
1264; Aug. 26, 1937, ch. 821, 50 Stat. 838; Oct. 13, 1994,
Pub. L. 103-355, Sec. 6004, 108 Stat. 3364.)
Note
Section 903 of the Supplemental Appropriations Act,
1983, provided the following:
Sec. 903. (a) Notwithstanding any provision to the
contrary in any contract which is entered into by any person
and either the Administrator of General Services or a
contracting officer of any executive agency and under which
such person agrees to sell or lease to the Federal
Government (or any one or more entities thereof) any unit of
property, supplies, or services at a specified price or
under specified terms and conditions (or both), such person
may sell or lease to the Congress the same type of such
property, supplies, or services at a unit price or under
terms and conditions (or both) which are different from
those specified in such contract; and any such sale or lease
of any unit or units of such property, supplies, or services
to the Congress shall not be taken into account for the
purpose of determining the price at which, or the terms and
conditions under which, such person is obligated under such
contract to sell or lease any unit of such property,
supplies, or services to any entity of the Federal
Government other than the Congress. For purposes of the
preceding sentence, any sale or lease of property, supplies,
or services to the Senate (or any office or instrumentality
thereof), or to the House of Representatives (or any office
or instrumentality thereof) shall be deemed to be a sale or
lease of such property, supplies, or services to the
Congress.
(b) The provisions of this section shall take effect
with respect to sales or leases of property, supplies, or
services to the Congress after July 29, 1983.
42 u.s.c.--the public health welfare
general and permanent laws relating to the senate
TITLE 42.--THE PUBLIC HEALTH AND WELFARE
Chapter 126.--EQUAL OPPORTUNITY FOR INDIVIDUALS WITH
DISABILITIES
* * * * * * *
565 Sec. 12209. Instrumentalities of the Congress.
The General Accounting Office, the Government Printing
Office, and the Library of Congress shall be covered as
follows:
(1) In general.
The rights and protections under this chapter shall,
subject to paragraph (2), apply with respect to the conduct
of each instrumentality of the Congress.
(2) Establishment of remedies and procedures by
instrumentalities.
The chief official of each instrumentality of the
Congress shall establish remedies and procedures to be
utilized with respect to the rights and protections provided
pursuant to paragraph (1).
(3) Report to Congress.
The chief official of each instrumentality of the
Congress shall, after establishing remedies and procedures
for purposes of paragraph (2), submit to the Congress a
report describing the remedies and procedures.
(4) Definition of instrumentalities.
For purposes of this section, the term ``instrumentality
of the Congress'' means the following: the General
Accounting Office, the Government Printing Office, and the
Library of Congress.
(5) Enforcement of employment rights.
The remedies and procedures set forth in section 717 of
the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) shall be
available to any employee of an instrumentality of the
Congress who alleges a violation of the rights and
protections under sections 102 through 104 of this Act that
are made applicable by this section, except that the
authorities of the Equal Employment Opportunity Commission
shall be exercised by the chief official of the
instrumentality of the Congress.
(6) Enforcement of rights to public services and
accommodations.
The remedies and procedures set forth in section 717 of
the Civil Rights Act of 1964 (42 U.S.C. 2000e-16) shall be
available to any qualified person with a disability who is a
visitor, guest, or patron of an instrumentality of Congress
and who alleges a violation of the rights and protections
under sections 201 through 230 or section 302 or 303 of this
Act that are made applicable by this section, except that
the authorities of the Equal Employment Opportunity
Commission shall be exercised by the chief official of the
instrumentality of the Congress.
(7) Construction.
Nothing in this section shall alter the enforcement
procedures for individuals with disabilities provided in the
General Accounting Office Personnel Act of 1980 [31 U.S.C.A.
Sec. 731 et seq.] and regulations promulgated pursuant to
that Act. (Pub. L. 101-336, Title V, Sec. 509, July 26,
1990, 104 Stat. 373; Pub. L. 102-166, Title III, Sec. 315,
Nov. 21, 1991, 105 Stat. 1095; Pub. L. 104-1, Sec. 201, Jan.
23, 1995, 109 Stat. 8, 16.)
44 u.s.c.--public printing and documents
general and permanent laws relating to the senate
TITLE 44.--PUBLIC PRINTING AND DOCUMENTS
Chapter 1.--JOINT COMMITTEE ON PRINTING
600 Sec. 101. Joint Committee on Printing: membership.
The Joint Committee on Printing shall consist of the
chairman and four members of the Committee on Rules and
Administration of the Senate and the chairman and four
members of the Committee on House Oversight of the House of
Representatives. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat.
1238; Feb. 17, 1981, Pub. L. 97-4, 95 Stat. 6; Pub. L. 104-
186, Title II, Sec. 223(1), Aug. 20, 1996, 110 Stat. 1751.)
601 Sec. 102. Joint Committee on Printing: succession; powers
during recess.
The members of the Joint Committee on Printing who are
reelected to the succeeding Congress shall continue as
members of the committee until their successors are chosen.
The President of the Senate and the Speaker of the House of
Representatives shall, on the last day of a Congress,
appoint members of their respective Houses who have been
elected to the succeeding Congress to fill vacancies which
may then be about to occur on the Committee, and the
appointees and members of the Committee who have been
reelected shall continue until their successors are chosen.
When Congress is not in session, the Joint Committee may
exercise all its powers and duties as when Congress is in
session. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1238.)
602 Sec. 103. Joint Committee on Printing: remedial powers.
The Joint Committee on Printing may use any measures it
considers necessary to remedy neglect, delay, duplication,
or waste in the public printing and binding and the
distribution of Government publications. (Oct. 2, 1968, Pub.
L. 90-620, 82 Stat. 1239.)
Chapter 3.--GOVERNMENT PRINTING OFFICE
603 Sec. 301. Public Printer: appointment.
The President of the United States shall nominate and,
by and with the advice and consent of the Senate, appoint a
suitable person, who must be a practical printer and versed
in the art of bookbinding, to take charge of and manage the
Government Printing Office. His title shall be Public
Printer. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1239; June
6, 1972, Pub. L. 92-310, Sec. 210(a) (1), (2), 86 Stat.
204.)
604 Sec. 302. Deputy Public Printer: appointment; duties.
The Public Printer shall appoint a suitable person, who
must be a practical printer and versed in the art of
bookbinding, to be the Deputy Public Printer. He shall
perform the duties formerly required of the chief clerk,
supervise the buildings occupied by the Government Printing
Office, and perform any other duties required of him by the
Public Printer. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat.
1239.)
605 Sec. 303. Public Printer and Deputy Public Printer: pay.
The annual rate of pay for the Public Printer shall be a
rate which is equal to the rate for level III of the
Executive Schedule of subchapter II of chapter 53 of title
5. The annual rate of pay for the Deputy Public Printer
shall be a rate which is equal to the rate for level IV of
such Executive Schedule. (Oct. 22, 1968, Pub. L. 90-620, 82
Stat. 1239; Aug. 9, 1975, Pub. L. 94-82, Sec. 204(c)(1), 89
Stat. 421; Pub. L. 101-520, Title II, 5209, Nov. 5, 1990,
104 Stat. 2274.)
606 Sec. 304. Public Printer: vacancy in office.
In case of the death, resignation, absence, or sickness
of the Public Printer, the Deputy Public Printer shall
perform the duties of the Public Printer until a successor
is appointed or his absence or sickness ceases; but the
President may direct any other officer of the Government,
whose appointment is vested in the President by and with the
advice and consent of the Senate, to perform the duties of
the vacant office until a successor is appointed, or the
sickness or absence of the Public Printer ceases. A vacancy
occasioned by death or resignation may not be filled
temporarily under this section for longer than ten days, and
a temporary appointment, designation, or assignment of
another officer may not be made except to fill a vacancy
happening during a recess of the Senate. (Oct. 22, 1968,
Pub. L. 90-620, 82 Stat. 1239.)
607 Sec. 305. Public Printer: employees; pay.
(a) The Public Printer may employ journeymen,
apprentices, laborers, and other persons necessary for the
work of the Government Printing Office at rates of wages and
salaries, including compensation for night and overtime
work, he considers for the interest of the Government and
just to the persons employed, except as otherwise provided
by this section. He may not employ more persons than the
necessities of the public work require nor more than four
hundred apprentices at one time. The minimum pay of
journeymen printers, pressmen, and bookbinders employed in
the Government Printing Office shall be at the rate of 90
cents an hour for the time actually employed. Except as
provided by the preceding part of this section the rate of
wages, including compensation for night and overtime work,
for more than ten employees of the same occupation shall be
determined by a conference between the Public Printer and a
committee selected by the trades affected, and the rates and
compensation so agreed upon shall become effective upon
approval by the Joint Committee on Printing. When the Public
Printer and the committee representing a trade fail to agree
as to wages, salaries, and compensation, either party may
appeal to the Joint Committee on Printing, and the decision
of the Joint Committee is final. The wages, salaries, and
compensation so determined are not subject to change oftener
than once a year.
(b) The Public Printer may grant an employee paid on an
annual basis compensatory time off from duty instead of
overtime pay for overtime work. (Oct. 22, 1968, Pub. L. 90-
620, 82 Stat. 1240; Dec. 26, 1969, Pub. L. 91-167, 83 Stat.
453; July 31, 1970, Pub. L. 91-369, 84 Stat. 693.)
Chapter 5.--PRODUCTION AND PROCUREMENT OF PRINTING AND
BINDING
608 Sec. 501. Government printing, binding, and blank-book work
to be done at Government Printing Office.
All printing, binding, and blank-book work for Congress,
the Executive Office, the Judiciary, other than the Supreme
Court of the United States, and every executive department,
independent office and establishment of the Government,
shall be done at the Government Printing Office, except--
(1) classes of work the Joint Committee on
Printing considers to be urgent or necessary to
have done elsewhere; and
(2) printing in field printing plants
operated by an executive department, independent
office or establishment, and the procurement of
printing by an executive department, independent
office or establishment from allotments for
contract field printing, if approved by the
Joint Committee on Printing.
Printing or binding may be done at the Government
Printing Office only when authorized by law. (Oct. 22, 1968,
Pub. L. 90-620, 82 Stat. 1243.) (Note: See Immigration and
Naturalization Service v. Chadha (1983; 462 U.S. 919; 103
S.Ct. 2764) relating to similar legislative veto provisions
found unconstitutional.)
609 Sec. 502. Procurement of printing, binding, and blank-book
work by Public Printer.
Printing, binding, and blank-book work authorized by
law, which the Public Printer is not able or equipped to do
at the Government Printing Office, may be produced elsewhere
under contracts made by him with the approval of the Joint
Committee on Printing. (Oct. 22, 1968, Pub. L. 90-620, 82
Stat. 1243.) (Note: See Immigration and Naturalization
Service v. Chadha (1983; 462 U.S. 919; 103 S.Ct. 2764)
relating to similar legislative veto provisions found
unconstitutional.)
610 Sec. 506. Time for printing documents or reports which
include illustrations or maps.
A document or report to be illustrated or accompanied by
maps may not be printed by the Public Printer until the
illustrations or maps designed for it are ready for
publication. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1244.)
611 Sec. 507. Orders for printing to be acted upon within one
year.
An order for public printing may not be acted upon by
the Public Printer after the expiration of one year unless
the entire copy and illustrations for the work have been
furnished within that period. (Oct. 22, 1968, Pub. L. 90-
620, 82 Stat. 1244.)
612 Sec. 508. Annual estimates of quantity of paper required for
public printing and binding.
At the beginning of each session of Congress, the Public
Printer shall submit to the Joint Committee on Printing
estimates of the quantity of paper of all descriptions
required for the public printing and binding during the
ensuing year. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat.
1244.)
Chapter 7.--CONGRESSIONAL PRINTING AND BINDING
613 Sec. 701. ``Usual number'' of documents and reports;
distribution of House and Senate documents and reports;
binding; reports on private bills; number of copies
printed; distribution.\1\
(a) The order by either House of Congress to print a
document or report shall signify the ``usual number'' of
copies for binding and distribution among those entitled to
receive them. A greater number may not be printed unless
ordered by either House, or as provided by this section.
When a special number of a document or report is ordered
printed, the usual number shall also be printed, unless
already ordered.
\1\The number of copies to be printed or the
distribution thereof as specified in sections 701, 706,
713, 721, 723, 726, 906, 1339, and 1718 of title 44,
United States Code, have been changed by the Joint
Committee on Printing under authority of section 103 of
title 44 (Senate Manual section 602), or as a result of
sequestrations of funds mandated by Pub. L. 99-177, the
Balanced Budget and Emergency Deficit Control Act of
1985. For current regulations, consult the Joint
Committee on Printing.
(b) The ``usual number'' of documents and reports shall
be one thousand six hundred and eighty-two copies, which
shall be printed at one time and distributed as follows:
Of the House documents and reports, unbound--to the
Senate document room, one hundred and fifty copies; to the
office of the Secretary of the Senate, ten copies; to the
House document room, not to exceed five hundred copies; to
the office of the Clerk of the House of Representatives,
twenty copies; to the Library of Congress, ten copies, as
provided by section 1718 of this title.
Of the Senate documents and reports, unbound--to the
Senate document room, two hundred and twenty copies; office
of the Secretary of the Senate, ten copies; to the House
document room, not to exceed five hundred copies; to the
Clerk's office of the House of Representatives, ten copies;
to the Library of Congress, ten copies, as provided by
section 1718 of this title.
(c) Of the number printed, the Public Printer shall bind
a sufficient number of copies for distribution as follows:
Of the House documents and reports, bound--to the Senate
library, fifteen copies; to the Library of Congress, not to
exceed one hundred and fifty copies, as provided by section
1718 of this title; to the House of Representatives library,
fifteen copies; to the Superintendent of Documents, as many
copies as are required for distribution to the State
libraries and designated depositories.
Of the Senate documents and reports, bound--to the
Senate library, fifteen copies; to the Library of Congress,
copies as provided by sections 1718 and 1719 of this title;
to the House of Representatives library, fifteen copies; to
the Superintendent of Documents, as many copies as may be
required for distribution to State libraries and designated
depositories. In binding documents the Public Printer shall
give precedence to those that are to be distributed to
libraries and to designated depositories. But a State
library or designated depository entitled to documents that
may prefer to have its documents in unbound form, may do so
by notifying the Superintendent of Documents to that effect
prior to the convening of each Congress.
(d) The usual number of reports on private bills,
concurrent or simple resolutions, may not be printed.
Instead there shall be printed of each Senate report on a
private bill, simple or concurrent resolution, in addition
to those required to be furnished the Library of Congress,
three hundred and forty-five copies, which shall be
distributed as follows: to the Senate document room, two
hundred and twenty copies; to the Secretary of the Senate,
fifteen copies; to the House document room, one hundred
copies; to the Superintendent of Documents, ten copies; and
of each House report on a private bill, simple or concurrent
resolution, in addition to those for the Library of
Congress, two hundred and sixty copies, which shall be
distributed as follows: to the Senate document room, one
hundred and thirty-five copies; to the Secretary of the
Senate, fifteen copies; to the House document room, one
hundred copies; to the Superintendent of Documents, ten
copies.
This section does not prevent the binding of all Senate
and House reports in the reserve volumes bound for and
delivered to the Senate and House libraries, nor abridge the
right of the Vice President, Senators, Representatives,
Resident Commissioner, Secretary of the Senate, and Clerk of
the House to have bound in half morocco, or material not
more expensive, one copy of every public document to which
he may be entitled. At least twelve copies of each report on
bills for the payment or adjudication of claims against the
Government shall be kept on file in the Senate document
room. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1246.)
Cross Reference
Distribution of Government publications to Library of
Congress, see section 1718 of this title (Senate Manual
section 667).
614 Sec. 702. Extra copies of documents and reports.
Copies in addition to the ``usual number'' of documents
and reports shall be printed promptly when ready for
publication, and may be bound in paper or cloth as the Joint
Committee on Printing directs. (Oct. 22, 1968, Pub. L. 90-
620, 82 Stat. 1247.)
615 Sec. 703. Printing extra copies.
Orders for printing copies in addition to the ``usual
number'', otherwise than provided for by this section, shall
be by simple, concurrent, or joint resolution. Either House
may print extra copies to the amount of $1,200 by simple
resolution; if the cost exceeds that sum, the printing shall
be ordered by concurrent resolution, unless the resolution
is self-appropriating, when it shall be by joint resolution.
Resolutions, when presented to either House, shall be
referred to the Committee on House Oversight of the House of
Representatives or the Committee on Rules and Administration
of the Senate, who, in making their report, shall give the
probable cost of the proposed printing upon the estimate of
the Public Printer; and extra copies may not be printed
before the committee has reported. The printing of
additional copies may be performed upon orders of the Joint
Committee on Printing within a limit of $700 in cost in any
one instance. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1247;
Pub. L. 104-186; Title II, Sec. 223(2), Aug. 20, 1996, 110
Stat. 1751.)
616 Sec. 704. Reprinting bills, laws, and reports from
committees not exceeding fifty pages.
When the supply is exhausted, the Secretary of the
Senate and the Clerk of the House of Representatives may
order the reprinting of not more than one thousand copies of
a pending bill, resolution, or public law, not exceeding
fifty pages, or a report from a committee or congressional
commission on pending legislation not accompanied by
testimony or exhibits or other appendices and not exceeding
fifty pages. The Public Printer shall require each
requisition for reprinting to cite the specific authority of
law for its execution. (Oct. 22, 1968, Pub. L. 90-620, 82
Stat. 1248.)
617 Sec. 705. Duplicate orders to print.
The Public Printer shall examine the orders of the
Senate and House of Representatives for printing, and in
case of duplication shall print under the first order
received. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1248.)
618 Sec. 706. Bills and resolutions: number and distribution.\1\
There shall be printed of each Senate and House public
bill and joint resolution six hundred and twenty-five
copies, which shall be distributed as follows:
\1\See footnote to Senate Manual section 613.
to the Senate document room, two hundred and
twenty-five copies;
to the office of Secretary of Senate,
fifteen copies;
to the House document room, three hundred
and eighty-five copies.
There shall be printed of each Senate private bill, when
introduced, when reported, and when passed, three hundred
copies, which shall be distributed as follows:
to the Senate document room, one hundred and
seventy copies;
to the Secretary of the Senate, fifteen
copies;
to the House document room, one hundred
copies;
to the Superintendent of Documents, ten
copies.
There shall be printed of each House private bill, when
introduced, when reported, and when passed, two hundred and
sixty copies, which shall be distributed as follows:
to the Senate document room, one hundred and
thirty-five copies;
to the Secretary of the Senate, fifteen
copies;
to the House document room, one hundred
copies;
to the Superintendent of Documents, ten
copies.
Bills and resolutions shall be printed in bill form,
and, unless specially ordered by either House shall be
printed only when referred to a committee, when favorably
reported back, and after their passage by either House.
Of concurrent and simple resolutions, when reported, and
after their passage by either House, only two hundred and
sixty copies shall be printed, except by special order, and
shall be distributed as follows:
to the Senate document room, one hundred and
thirty-five copies;
to the Secretary of the Senate, fifteen
copies;
to the House document room, one hundred
copies;
to the Superintendent of Documents, ten
copies. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat.
1248.)
619 Sec. 707. Bills and resolutions: style and form.
Subject to sections 205 and 206 of Title 1, the Joint
Committee on Printing may authorize the printing of a bill
or resolution, with index and ancillaries, in the style and
form the Joint Committee on Printing considers most suitable
in the interest of economy and efficiency, and to so
continue until final enactment in both Houses of Congress.
The committee may also curtail the number of copies of bills
or resolutions, including the slip form of a public Act or
public resolution. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat.
1248.)
620 Sec. 708. Bills and resolutions: binding sets for Congress.
The Public Printer shall bind four sets of Senate and
House of Representatives bills, joint and concurrent
resolutions of each Congress, two for the Senate and two for
the House, to be furnished him from the files of the Senate
and House document room, the volumes when bound to be kept
there for reference. (Oct 22, 1968, Pub. L. 90-620, 82 Stat.
1249.)
621 Sec. 709. Public and private laws, postal conventions, and
treaties.
The Public Printer shall print in slip form copies of
public and private laws, postal conventions, and treaties,
to be charged to the congressional allotment for printing
and binding. The Joint Committee on Printing shall control
the number and distribution of copies. (Oct 22, 1968, Pub.
L. 90-620, 82 Stat. 1249.)
622 Sec. 711. Printing Acts, joint resolutions, and treaties.
The Public Printer, on receiving from the Archivist of
the United States a copy of an Act or joint resolution, or
from the Secretary of State, a copy of a treaty, shall print
an accurate copy and transmit it in duplicate to the
Archivist of the United States or to the Secretary of State,
as the case may be, for revision. On the return of one of
the revised duplicates, he shall make the marked corrections
and print the number specified by section 709 of this title.
(As amended Pub. L. 98-497, Title I, Sec. 107(b)(1), Oct.
19, 1984, 98 Stat. 2286.)
623 Sec. 713. Journals of Houses of Congress.\1\
There shall be printed of the Journals of the Senate and
House of Representatives eight hundred and twenty copies,
which shall be distributed as follows:
\1\See footnote to Senate Manual section 613.
to the Senate document room, ninety copies
for distribution to Senators, and twenty-five
additional copies;
to the Senate library, ten copies;
to the House document room, three hundred
and sixty copies for distribution to Members,
and twenty-five additional copies;
to the Department of State, four copies;
to the Superintendent of Documents, one
hundred and forty-four copies to be distributed
to three libraries in each of the States to be
designated by the Superintendent of Documents;
and
to the library of the House of
Representatives, ten copies.
The remaining number of the Journals of the Senate and House
of Representatives, consisting of twenty-five copies, shall
be furnished to the Secretary of the Senate and the Clerk of
the House of Representatives, respectively, as the
necessities of their respective offices require, as rapidly
as signatures are completed for distribution. (Oct. 22,
1968, Pub. L. 90-620, 82 Stat. 1249; Apr. 2, 1982, Pub. L.
97-164, Sec. 158, 96 Stat. 47.)
624 Sec. 714. Printing documents for Congress in two or more
editions; printing of full number and allotment of full
quota.
The Joint Committee on Printing shall establish rules to
be observed by the Public Printer, by which public documents
and reports printed for Congress, or either House, may be
printed in two or more editions, to meet the public
requirements. The aggregate of the editions may not exceed
the number of copies otherwise authorized. This section does
not prevent the printing of the full number of a document or
report, or the allotment of the full quota to Senators and
Representatives, as otherwise authorized, when a legitimate
demand for the full complement is known to exist. (Oct. 22,
1968, Pub. L. 90-620, 82 Stat. 1250.)
625 Sec. 715. Senate and House documents and reports for
Department of State.
The Public Printer shall print, in addition to the usual
number, and furnish the Department of State twenty copies of
each Senate and House of Representatives document and
report. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1250.)
Cross References
For distribution of House and Senate documents and
reports, see sections 701, 1718, and 1719 of this title
(Senate Manual sections 613, 667, and 668).
626 Sec. 716. Printing of documents not provided for by law.
Either House may order the printing of a document not
already provided for by law, when accompanied by an estimate
from the Public Printer as to the probable cost. An
executive department, bureau, board, or independent office
of the Government submitting reports or documents in
response to inquiries from Congress shall include an
estimate of the probable cost of printing to the usual
number. This section does not apply to reports or documents
not exceeding fifty pages. (Oct. 22, 1968, Pub. L. 90-620,
82 Stat. 1250.)
627 Sec. 717. Appropriation chargeable for printing of document
or report by order of Congress.
The cost of the printing of a document or report printed
by order of Congress which, under section 1107 of this
title, cannot be properly charged to another appropriation
or allotment of appropriation already made, upon order of
the Joint Committee on Printing, shall be charged to the
allotment of appropriation for printing and binding for
Congress. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1250.)
628 Sec. 718. Lapse of authority to print.
The authority to print a document or report, or a
publication authorized by law to be printed, for
distribution by Congress, shall lapse when the whole number
of copies has not been ordered within two years from the
date of the original order, except orders for subsequent
editions, approved by the Joint Committee on Printing, in
which case the whole number may not exceed that originally
authorized by law. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat.
1250.)
629 Sec. 719. Classification and numbering of publications
ordered printed by Congress; designation of publications
of departments; printing of committee hearings.
Publications ordered printed by Congress, or either
House, shall be in four series, namely:
one series of reports made by the committees
of the Senate, to be known as Senate reports;
one series of reports made by the committees
of the House of Representatives, to be known as
House reports;
one series of documents other than reports
of committees, the orders for printing which
originate in the Senate, to be known as Senate
documents, and
one series of documents other than committee
reports, the orders for printing which originate
in the House of Representatives, to be known as
House documents.
The publications in each series shall be consecutively
numbered, the numbers in each series continuing in unbroken
sequence throughout the entire term of a Congress, but these
provisions do not apply to the documents printed for the use
of the Senate in executive session. Of the ``usual number'',
the copies which are intended for distribution to State
libraries and other designated depositories of annual or
serial publications originating in or prepared by an
executive department, bureau, office, commission, or board
may not be numbered in the document or report series of
either House of Congress, but shall be designated by title
and bound as provided by section 738 of this title; and the
departmental edition, if any, shall be printed concurrently
with the ``usual number''. Hearings of committees may be
printed as congressional documents only when specifically
ordered by Congress or either House. (Oct. 22, 1968, Pub. L.
90-620, 82 Stat. 1250.)
630 Sec. 720. Senate and House Manuals.
Each House may order printed as many copies as it
desires, of the Senate Manual and of the Rules and Manual of
the House of Representatives, even though the cost exceed
$500. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1251.)
631 Sec. 721. Congressional Directory.\1\
(a) There shall be prepared under the direction of the
Joint Committee on Printing (1) a Congressional Directory,
which shall be printed and distributed as early as
practicable during the first session of each Congress and
(2) a supplement to each Congressional Directory, which
shall be printed and distributed as early as practicable
during the second regular session of each Congress. The
Joint Committee shall control the number and distribution of
the Congressional Directory and each supplement.
\1\See footnote to Senate Manual section 613.
(b) One copy of the Congressional Directory delivered to
Members of the Senate and the House of Representatives
(including Delegates and the Resident Commissioner) shall be
bound in cloth and imprinted on the cover with the name of
the Member. Copies of the Congressional Directory delivered
to depository libraries may be bound in cloth. All other
copies of the Congressional Directory shall be bound in
paper and names shall not be imprinted thereon, except that
copies printed for sale under section 722 may be bound in
cloth. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1251; Aug.
5, 1977, Pub. L. 95-94, Sec. 404, 91 Stat. 682.)
632 Sec. 722. Congressional Directory: sale.
The Public Printer, under the direction of the Joint
Committee on Printing, may print the current Congressional
Directory for sale at a price sufficient to reimburse the
expense of printing. The money derived from sales shall be
paid into the Treasury and accounted for in his annual
report to Congress, and sales may not be made on credit.
(Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1251.)
633 Sec. 723. Memorial addresses; preparation; distribution.\1\
After the final adjournment of each session of Congress,
there shall be compiled, prepared, printed with
illustrations, and bound in cloth in one volume, in the
style, form, and manner directed by the Joint Committee on
Printing, without extra compensation to any employee, the
legislative proceedings of Congress and the exercises at the
general memorial services held in the House of
Representatives during each session relative to the death of
a Member of Congress or a former Member of Congress who
served as speaker, together with all relevant memorial
addresses and eulogies published in the Congressional Record
during the same session of Congress, and any other matter
the Joint Committee considers relevant; and there shall be
printed as many copies as needed to supply the total
quantity provided for by this section, of which fifty
copies, bound in full morocco, with gilt edges, suitably
lettered as may be requested, shall be delivered to the
family of the deceased, and the remaining copies shall be
distributed as follows:
\1\See footnote to Senate Manual section 613. Title VIII
of Public Law 94-59, Sec. 801 July 25, 1975, 89 Stat.
296, provides in part as follows: ``Hereafter,
appropriations for authorized printing and binding for
Congress shall not be available under the authority of
section 723 of title 44 of the United States Code for
the printing, publication, and distribution of more than
fifty bound eulogies to be delivered to the family of
the deceased, and in the case of a deceased Senator or
deceased Representative (including Delegates to Congress
and the Resident Commissioner from Puerto Rico), there
shall be furnished to his successor in office two
hundred and fifty copies.''.
of all eulogies on deceased Members of
Congress to the Vice President and each Senator,
Representative, and Resident Commissioner in
Congress, one copy;
of the eulogies on deceased Senators there
shall be furnished two hundred and fifty copies
for each Senator of the State represented by the
deceased and twenty copies for each
Representative from that State;
of the eulogies on a deceased Representative
and Resident Commissioner two hundred and fifty
copies for his successor in office; twenty
copies for each of the other Representatives, or
Resident Commissioner of the State, or insular
possession represented by the deceased; and
twenty copies for each Senator from that State.
The ``usual number'' of memorial addresses may not be
printed. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1251; Oct.
1, 1981, Pub. L. 97-51, Sec. 101(c), 95 Stat. 959.)
634 Sec. 724. Memorial addresses: illustrations.
The illustrations to accompany bound copies of memorial
addresses delivered in Congress shall be made at the Bureau
of Engraving and Printing and paid for out of the
appropriation for that bureau, or, in the discretion of the
Joint Committee on Printing, shall be obtained elsewhere by
the Public Printer and charged to the allotment for printing
and binding for Congress. (Oct. 22, 1968, Pub. L. 90-620, 82
Stat. 1252.)
635 Sec. 725. Statement of appropriations; ``usual number''.
Of the statements of appropriations required to be
prepared by section 105 of Title 2, there shall be printed,
after the close of each regular session of Congress, the
usual number of copies. (Oct. 22, 1968, Pub. L. 90-620, 82
Stat. 1252.)
636 Sec. 726. Printing for committees for Congress.\1\
A Committee of Congress may not procure the printing of
more than one thousand copies of a hearing, or other
document germane thereto, for its use except by simple,
concurrent, or joint resolution, as provided by section 703
of this title. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat.
1252.)
\1\ See footnote to Senate Manual section 613.
637 Sec. 727. Committee reports: indexing and binding.
The Secretary of the Senate and the Clerk of the House
of Representatives shall procure and file for the use of
their respective House copies of all reports made by
committees, and at the close of each session of Congress
shall have the reports indexed and bound, one copy to be
deposited in the library of each House and one copy in the
committee from which the report emanates. (Oct. 22, 1968,
Pub. L. 90-620, 82 Stat. 1252.)
638 Sec. 728. United States Statutes at Large: distribution.\2\
The Public Printer, after the final adjournment of each
regular session of Congress, shall print and bind copies of
the United States Statutes at Large, to be charged to the
congressional allotment for printing and binding. The Joint
Committee on Printing shall control the number and
distribution of the copies.
\2\Title X of Pub. L. 94-440, Sec. 1000, Oct. 1, 1976,
90 Stat. 1459, provides in part as follows: ``Hereafter,
notwithstanding any other provisions of law,
appropriations for the automatic distribution to
Senators and Representatives (including Delegates to
Congress and the Resident Commissioner from Puerto Rico)
of copies of the United States Statutes at Large shall
not be available with respect to any Senator or
Representative unless such Senator or Representative
specifically, in writing, requests that he receive
copies of such document.''.
The Public Printer shall print and, after the end of
each calendar year, bind and deliver to the Superintendent
of Documents a number of copies of the United States
Treaties and Other International Agreements not exceeding
the number of copies of the United States Statutes at Large
required for distribution in the manner provided by law.
(Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1252.)
639 Sec. 730. Distribution of documents to Members of Congress.
When, in the division among Senators, and
Representatives, of documents printed for the use of
Congress there is an apportionment to each or either House
in round numbers, the Public Printer may not deliver the
full number so accredited at the Senate Service Department
and House of Representatives Publications Distribution
Service, but only the largest multiple of the number
constituting the full membership of that House, including
the Secretary and Sergeant at Arms of the Senate and Clerk
and Sergeant at Arms of the House, which is contained in the
round numbers thus accredited to that House, so that the
number delivered divides evenly and without remainder among
the Members of the House to which they are delivered; and
the remainder of the documents thus resulting shall be
turned over to the Superintendent of Documents, to be
distributed by him, first, to public and school libraries
for the purpose of completing broken sets; second, to public
and school libraries that have not been supplied with any
portions of the sets, and, lastly, by sale to other persons;
the libraries to be named to him by Senators and
Representatives; and in this distribution the Superintendent
of Documents, as far as practicable, shall make an equal
allowance to each Senator and Representative. (Oct. 22,
1968, Pub. L. 90-620, 82 Stat. 1253; Pub. L. 104-186, Title
II, Sec. 223(3), Aug. 20, 1996, 110 Stat. 1751.)
640 Sec. 731. Allotments of public documents printed after
expiration of terms of Members of Congress; rights of
retiring Members to documents.
The Congressional allotment of public documents, other
than the Congressional Record, printed after the expiration
of the term of office of the Vice President of the United
States, or Senator, Representative, or Resident
Commissioner, shall be delivered to his successor in office.
Unless the Vice President of the United States, a
Senator, Representative, or Resident Commissioner, having
public documents to his credit at the expiration of his term
of office takes them prior to the 30th day of June next
following the date of expiration, he shall forfeit them to
his successor in office. (Oct. 22, 1968, Pub. L. 90-620, 82
Stat. 1253.)
641 Sec. 732. Time for distribution of documents by Members of
Congress extended.
Reelected Members may distribute public documents to
their credit, or the credit of their respective districts in
the Interior or other Departments and bureaus, and in the
Government Printing Office, during their successive terms
and until their right to frank documents ends. (Oct. 22,
1968, Pub. L. 90-620, 82 Stat. 1253.)
642 Sec. 733. Documents and reports ordered by Members of
Congress; franks and envelopes for Members of Congress.
The Public Printer on order of a Member of Congress, on
prepayment of the cost, may reprint documents and reports of
committees together with the evidence papers submitted, or
any part ordered printed by the Congress.
He may also furnish without cost to Members and the
Resident Commissioner from Puerto Rico, blank franks printed
on sheets and perforated, or singly at their option, for
public documents. Franks shall contain in the upper left-
hand corner the following words: ``Public document. United
States Senate'' or ``House of Representatives U.S.'' and in
upper right-hand corner the letters ``U.S.S.'' or ``M.C.''
Franks may also contain information relating to missing
children as provided in section 3220 of title 39. But he may
not print any other words except where it is desirable to
affix the official title of a document. Other words printed
on franks shall be at the personal expense of the Member or
Resident Commissioner ordering them.
At the request of a Member of Congress or Resident
Commissioner the Public Printer may print upon franks or
envelopes used for mailing public documents the facsimile
signature of the Member or Resident Commissioner and a
special request for return if not called for, and the name
of the State or Commonwealth and county and city. The Member
or Resident Commissioner shall deposit with his order the
extra expense involved in printing these additional words.
The Public Printer may also, at the request of a Member
or Resident Commissioner, print on envelopes authorized to
be furnished, the name of the Member or Resident
Commissioner, and State or Commonwealth, the date, and the
topic or subject matter, not exceeding twelve words.
The Public Printer shall deposit moneys accruing under
this section in the Treasury of the United States to the
credit of the appropriation made for the working capital of
the Government Printing Office for the year in which the
work is done. He shall account for them in his annual report
to Congress. (As amended Pub. L. 93-191, Sec. 8(a), Dec. 18,
1973, 87 Stat. 745; Pub. L. 93-255, Sec. 2(b), Mar. 27,
1974, 88 Stat. 52; Pub. L. 99-87, Sec. 1(c)(2), Aug. 9,
1958, 99 Stat. 291.)
643 Sec. 734. Stationery and blank books for Congress.
Upon requisition of the Secretary of the Senate and the
Clerk of the House of Representatives, respectively, the
Public Printer shall furnish stationery, blank books,
tables, forms, and other necessary papers preparatory to
congressional legislation, required for the official use of
the Senate and the House of Representatives, or their
committees and officers. This does not prevent the purchase
by the officers of the Senate and House of Representatives
of stationery and blank books necessary for sales to
Senators and Members in the stationery rooms of the two
Houses as provided by law. (Oct. 22, 1968, Pub. L. 90-620,
82 Stat. 1254.)
644 Sec. 735. Binding for Senators.\1\
Each Senator is entitled to the binding in half morocco,
or material not more expensive, of one copy of each public
document to which he is entitled, an account of which shall
be kept by the Secretary of the Senate. (Oct. 22, 1968, Pub.
L. 90-620, 82 Stat. 1254; Pub. L. 104-186, Title II,
Sec. 223(4)(A), Aug. 20, 1996, 110 Stat. 1751.)
\1\The rebinding of clothbound books has been prohibited
by the Joint Committee on Printing under authority of
section 103 of title 44, United States Code (Senate
Manual section 602).
Title VIII of Pub. L. 94-59, Sec. 801, July 25, 1975, 89
Stat. 296, provides in part as follows: ``Hereafter,
notwithstanding any other provisions of law,
appropriations for the binding of copies of public
documents by Committees for distribution to Senators and
Representatives (including Delegates to Congress and the
Resident Commissioner from Puerto Rico) shall not be
available for a Senator or Representative unless such
Senator or Representative specifically, in writing,
requests that he receive bound copies of any such
documents.''.
645 Sec. 736. Binding at expense of Members of Congress.
The Public Printer may bind at the Government Printing
Office books, maps, charts, or documents published by
authority of Congress, upon application of a Member of
Congress, and payment of the actual cost of binding. (Oct.
22, 1968, Pub. L. 90-620, 82 Stat. 1254.)
646 Sec. 737. Binding for Senate library.\1\
The Secretary of the Senate may make requisition upon
the Public Printer for the binding for the Senate library of
books he considers necessary, at a cost not to exceed $200
per year. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1254.)
\1\The ceiling of $200 per year for binding for the
Senate library has been removed by the Joint Committee
on Printing under authority of section 103 of title 44,
United States Code (Senate Manual section 602).
647 Sec. 738. Binding of publications for distribution to
libraries.
The Public Printer shall supply the Superintendent of
Documents with sufficient copies of publications distributed
in unbound form, to be bound and distributed to the State
libraries and other designated depositories for their
permanent files. Every publication of sufficient size on any
one subject shall be bound separately and receive the title
suggested by the subject of the volume, and the others shall
be distributed in unbound form as soon as printed. The
library edition, as well as all other bound sets of
congressional numbered documents and reports, shall be
arranged in volumes and bound in the manner directed by the
Joint Committee on Printing. (Oct. 22, 1968, Pub. L. 90-620,
82 Stat. 1254.)
648 Sec. 739. Senate and House document rooms; superintendents.
There shall be one document room of the Senate and one
of the House of Representatives, to be designated,
respectively, the ``Senate and House document room.'' Each
shall be in charge of a superintendent, who shall be
appointed by the Secretary of the Senate and the Clerk of
the House, respectively, together with the necessary
assistants. The Senate document room shall be under the
jurisdiction of the Secretary of the Senate. (Oct. 22, 1968,
Pub. L. 90-620, 82 Stat. 1254; Pub. L. 104-186, Title II,
Sec. 223(5), Aug. 20, 1996, 110 Stat. 1751.)
649 Sec. 740. Senate Service Department and House Publications
Distribution Service; superintendents.
There shall be a Senate Service Department and a House
of Representatives Publications Distribution Service in the
charge of superintendents, appointed respectively by the
Sergeant at Arms of the Senate and Chief Administrative
Officer of the House of Representatives, together with the
necessary assistants. Reports or documents to be distributed
for the Senators and Representatives shall be folded and
distributed from the Senate Service Department and House of
Representatives Publications Distribution Service, unless
otherwise ordered, and the respective superintendent shall
notify each Senator and Representative in writing once every
sixty days of the number and character of publications on
hand and assigned to him for use and distribution. (Oct. 22,
1968, Pub. L. 90-620, 82 Stat. 1255; Pub. L. 104-186, Title
II, Sec. 223(6), Aug. 20, 1996, 110 Stat. 1751.)
650 Sec. 741. Disposition of documents stored at Capitol.
The Secretary and Sergeant at Arms of the Senate and the
Clerk and Doorkeeper of the House of Representatives, at the
convening in regular session of each successive Congress
shall cause an invoice to be made of public documents stored
in and about the Capitol, other than those belonging to the
quota of Members of Congress, to the Library of Congress and
the Senate and House libraries and document rooms. The
superintendents of the Senate Service Department and House
of Representatives Publications Distribution Service shall
put the documents to the credit of Senators and
Representatives in quantities equal in the number of volumes
and as nearly as possible in value, to each Member of
Congress, and the documents shall be distributed upon the
orders of Senators and Representatives, each of whom shall
be supplied by the superintendents of the Senate Service
Department and House of Representatives Publications
Distribution Service with a list of the number and character
of the publications thus put to his credit, but before
apportionment is made copies of any of these documents
desired for the use of a committee of either House shall be
delivered to the chairman of the committee.
Four copies of leather-bound documents shall be reserved
and carefully stored, to be used in supplying deficiencies
in the Senate and House libraries caused by wear or loss.
(Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1255.)
Chapter 9.--CONGRESSIONAL RECORD
651 Sec. 901. Congressional Record: arrangement, style,
contents, and indexes.
The Joint Committee on Printing shall control the
arrangement and style of the Congressional Record, and while
providing that it shall be substantially a verbatim report
of proceedings, shall take all needed action for the
reduction of unnecessary bulk. It shall provide for the
publication of an index of the Congressional Record
semimonthly during and at the close of sessions of Congress.
(Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1255.)
652 Sec. 902. Congressional Record: indexes.
The Joint Committee on Printing shall designate to the
Public Printer competent persons to prepare the semimonthly
and the session index to the Congressional Record and shall
fix the compensation to be paid by the Public Printer for
that work, and direct the form and manner of its publication
and distribution. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat.
1256.)
653 Sec. 903. Congressional Record: daily and permanent forms.
The public proceedings of each House of Congress as
reported by the Official Reporters, shall be printed in the
Congressional Record, which shall be issued in daily form
during each session and shall be revised, printed, and bound
promptly, as directed by the Joint Committee on Printing, in
permanent form, for distribution during and after the close
of each session of Congress. The daily and the permanent
Record shall bear the same date, which shall be that of the
actual day's proceedings reported. The ``usual number'' of
the Congressional Record may not be printed. (Oct. 22, 1968,
Pub. L. 90-620, 82 Stat. 1256.)
654 Sec. 904. Congressional Record: maps; diagrams;
illustrations.
Maps, diagrams, or illustrations may not be inserted in
the Record without the approval of the Joint Committee on
Printing. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1256.)
655 Sec. 905. Congressional Record: additional insertions.
The Joint Committee on Printing shall provide for
printing in the daily Record the legislative program for the
day together with a list of congressional committee meetings
and hearings, and the place of meeting and subject matter.
It shall cause a brief resume of congressional activities
for the previous day to be incorporated in the Record,
together with an index of its contents prepared under the
supervision of the Secretary of the Senate and the Clerk of
the House of Representatives, respectively. (Oct. 22, 1968,
Pub. L. 90-620, 82 Stat. 1256.)
656 Sec. 906. Congressional Record: gratuitous copies;
delivery.\1\
The Public Printer shall furnish the Congressional
Record only as follows:
\1\ Pub. L. 93-145, Nov. 1, 1973, 87 Stat. 546, provides
in part as follows: ``Hereafter, appropriations for
authorized printing and binding for Congress shall not
be available under the authority of the Act of October
22, 1968 (44 U.S.C. 906) for the printing, publication,
and distribution of more than one copy of the bound
permanent editions of the Congressional Record for the
Vice President and each Member of the Senate and House
of Representatives.''.
of the bound edition--
to the Senate Service Department five copies
for the Vice President and each Senator;
to the Secretary and Sergeant at Arms of the
Senate, each, two copies;
to the Joint Committee on Printing not to
exceed one hundred copies;
to the House of Representatives Publications
Distribution Service, three copies for each
Representative and Resident Commissioner in
Congress; and
to the Clerk and Sergeant at Arms of the
House of Representatives, each, two copies;
of the daily edition--
to the Vice President, one hundred copies;
to each Senator, fifty copies (which may be
transferred only to public agencies and
institutions);
to the Secretary and Sergeant at Arms of the
Senate, each, twenty-five copies;
to the Secretary, for official use, not to
exceed thirty-five copies; and
to the Sergeant at Arms for use on the floor
of the Senate, not to exceed fifty copies;
to each Member of the House of
Representatives, the Resident Commissioner from
Puerto Rico, the Delegate from the District of
Columbia, the Delegate from Guam, and the
Delegate from the Virgin Islands, thirty-four
copies (which may be transferred only to public
agencies and institutions);
to the Clerk and Sergeant at Arms of the
House of Representatives, each, twenty-five
copies;
to the Clerk, for official use, not to
exceed fifty copies, and to the Clerk for use on
the floor of the House of Representatives, not
to exceed seventy-five copies;
to the Vice President and each Senator,
Representative, and Resident Commissioner in
Congress (and not transferable) three copies of
which one shall be delivered at his residence,
one at his office and one at the Capitol.
In addition to the foregoing the Congressional Record
shall also be furnished as follows:
In unstitched form, and held in reserve by the Public
Printer, as many copies of the daily Record as may be
required to supply a semimonthly edition, bound in paper
cover together with each semimonthly index when it is
issued, and then be delivered promptly as follows:
to each committee and commission of
Congress, one daily and one semimonthly copy;
to each joint committee and joint commission
in Congress, as may be designated by the Joint
Committee on Printing, two copies of the daily,
one semimonthly copy, and one bound copy;
to the Secretary and the Sergeant at Arms of
the Senate, for office use, each, six
semimonthly copies;
to the Clerk and Sergeant at Arms of the
House, for office use, each, six semimonthly
copies;
to the Joint Committee on Printing, ten
semimonthly copies;
to the Vice President and each Senator,
Representative, and Resident Commissioner in
Congress, one semimonthly copy;
to the President of the United States, for
the use of the Executive Office, ten copies of
the daily, two semimonthly copies, and one bound
copy;
to the Chief Justice of the United States
and each of the Associate Justices of the
Supreme Court of the United States, one copy of
the daily;
to the offices of the marshal and clerk of
the Supreme Court of the United States, each,
two copies of the daily and one semimonthly
copy;
to each United States circuit and district
judge, and to the chief judge and each associate
judge of the United States Court of Federal
Claims, the United States Court of International
Trade, the Tax Court of the United States, the
United States Court of Appeals for Veterans
Claims, and the United States Court of Appeals
for the Armed Forces, upon request to a Member
of Congress and notification by the Member to
the Public Printer, one copy of the daily, in
addition to those authorized to be furnished to
Members of Congress under the preceding
provisions of this section;
to the offices of the Vice President and the
Speaker of the House of Representatives, each,
six copies of the daily and one semimonthly
copy;
to the Sergeant at Arms, the Chaplain, the
Postmaster, the superintendent and the foreman
of the Senate Service Department and of the
House of Representatives Publications
Distribution Service, respectively; and to the
Secretaries to the Majority and the Minority of
the Senate, each, one copy of the daily;
to the office of the Parliamentarian of the
House of Representatives, six copies of the
daily, one semimonthly copy, and two bound
copies;
to the offices of the Official Reporters of
Debates of the Senate and House of
Representatives, respectively, each, fifteen
copies of the daily, one semimonthly copy, and
three bound copies;
to the office of the stenographers to
committees of the House of Representatives, four
copies of the daily and one semimonthly copy;
to the office of the Congressional Record
Index, ten copies of the daily and two
semimonthly copies;
to the offices of the superintendent of the
Senate and House document rooms, each, three
copies of the daily, one semimonthly copy, and
one bound copy;
to the offices of the superintendents of the
Senate and House press galleries, each, two
copies of the daily, one semimonthly copy, and
one bound copy;
to the offices of the Legislative Counsel of
the Senate and House of Representatives,
respectively, and the Architect of the Capitol,
each, three copies of the daily, one semimonthly
copy, and one bound copy;
to the Library of Congress for official use
in Washington, District of Columbia, and for
international exchange, as provided by sections
1718 and 1719 of this title, not to exceed one
hundred and forty-five copies of the daily, five
semimonthly copies, and one hundred and fifty
bound copies;
to the library of the Senate, three copies
of the daily, two semimonthly copies, and not to
exceed fifteen bound copies;
to the library of the House of
Representatives, five copies of the daily, two
semimonthly copies, and not to exceed twenty-
eight bound copies, of which eight copies may be
bound in the style and manner approved by the
Joint Committee on Printing;
to the library of the Supreme Court of the
United States, two copies of the daily, two
semimonthly copies, and not to exceed five bound
copies;
to the library of each United States Court
of Appeals, each United States District Court,
the United States Court of Federal Claims, the
United States Court of International Trade, the
Tax Court of the United States, the United
States Court of Appeals for Veterans Claims, and
the United States Court of Appeals for the Armed
Forces, upon request to the Public Printer, one
copy of the daily, one semimonthly copy, and one
bound copy;
to the Public Printer for official use, not
to exceed seventy-five copies of the daily, ten
semimonthly copies, and two bound copies;
to the Director of the Botanic Garden, two
copies of the daily and one semimonthly copy:
to the Archivist of the United States, five
copies of the daily, two semimonthly copies, and
two bound copies;
to the library of each executive department,
independent office, and establishment of the
Government in the District of Columbia, except
those designated as depository libraries, and to
the libraries of the municipal government of the
District of Columbia, the Naval Observatory, and
the Smithsonian Institution, each, two copies of
the daily, one semimonthly copy, and one bound
copy;
to the offices of the Governors of Puerto
Rico, Guam and the Virgin Islands, each, five
copies in both daily and bound form;
to the office of the Governor of the Canal
Zone, five copies in both daily and bound form;
to each ex-President and ex-Vice President
of the United States, one copy of the daily;
to each former Senator, Representative, and
Commissioner from Puerto Rico, upon request to
the Public Printer, one copy of the daily;
to the governor of each State, one copy in
both daily and bound form;
to each separate establishment of the Armed
Forces Retirement Home, to each of the National
Homes for Disabled Volunteer Soldiers, and to
each of the State soldiers' homes, one copy of
the daily;
to the Superintendent of Documents, as many
daily and bound copies as may be required for
distribution to depository libraries;
to the Department of State, not to exceed
one hundred and fifty copies of the daily, for
distribution to each United States embassy and
legation abroad, and to the principal consular
offices in the discretion of the Secretary of
State;
to each foreign legation in Washington whose
government extends a like courtesy to our
embassies and legations abroad, one copy of the
daily, to be furnished upon requisition of and
sent through the Secretary of State;
to each newspaper correspondent whose name
appears in the Congressional Directory, and who
makes application, for his personal use and that
of the papers he represents, one copy of the
daily and one copy of the bound, the same to be
sent to the office address of the member of the
press or elsewhere as he directs; not to exceed
four copies in all may be furnished to members
of the same press bureau.
Copies of the daily edition, unless otherwise directed
by the Joint Committee on Printing, shall be supplied and
delivered promptly on the day after the actual day's
proceedings as originally published. Each order for the
daily Record shall begin with the current issue, if previous
issues of the same session are not available. The
apportionment specified for daily copies may not be
transferred for the bound form and an allotment of daily
copies not used by a Member during a session shall lapse
when the session ends. (Oct. 22, 1968, Pub. L. 90-620, 82
Stat. 1256; June 12, 1970, Pub. L. 91-276, 84 Stat. 303;
Aug. 10, 1972, Pub. L. 92-373, 86 Stat. 528; June 8, 1974,
Pub. L. 93-314, Sec. 1(b), 88 Stat. 239; Aug. 5, 1977, Pub.
L. 95-94, Sec. 407(a), 91 Stat. 683; Oct. 10, 1980, Pub. L.
96-417, Title VI, Sec. 601(11), 94 Stat. 1744; Apr. 2, 1982,
Pub. L. 97-164, Sec. 164(2), 96 Stat. 50; Pub. L. 101-510,
Title XV, Sec. Sec. 1533(c)(3), 1541(a), Nov. 5, 1990, 104
Stat. 1736; Pub. L. 102-82, Sec. 6, Aug. 6, 1991, 105 Stat.
337; Pub. L. 103-337, Sec. 924(d)(1)(D), Oct. 5, 1994, 108
Stat. 2832; Pub. L. 104-186, Title II, Sec. 223(7), Aug. 20,
1996, 110 Stat. 1751; Pub. L. 105-368, Sec. 512(b)(1)(C),
112 Stat. 3342.)
657 Sec. 907. Congressional Record: extracts for Members of
Congress; mailing envelopes.
The Public Printer may print and deliver, upon the order
of a Member of Congress and payment of the cost, extracts
from the Congressional Record. The Public Printer may
furnish without cost to Members and the Resident
Commissioner, envelopes, ready for mailing the Congressional
Record or any part of it, or speeches, or reports in it, if
such part, speeches, or reports are mailable as franked mail
under section 3210 of title 39. Envelopes so furnished shall
contain in the upper left-hand corner the following words:
``United States Senate'' or ``House of Representatives, U.S.
Part of Congressional Record'', and in the upper right-hand
corner the letters ``U.S.S.'' or ``M.C.'', and the Public
Printer may, at the request of a Member or Resident
Commissioner, print in addition to the foregoing, his name
and State or Commonwealth, the date, and the topic or
subject matter, not exceeding twelve words. He may not print
any other words on envelopes, except at the personal expense
of the Member or Resident Commissioner ordering the
envelopes, except to affix the official title of a document.
The Public Printer shall deposit moneys accruing under this
section in the Treasury of the United States to the credit
of the appropriation made for the working capital of the
Government Printing Office for the year in which the work is
done, and accounted for in his annual report to Congress.
(Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1259; Dec. 18,
1973, Pub. L. 93-191, Sec. 8(b), 87 Stat. 745; Mar. 27,
1974, Pub. L. 93-255, Sec. 2(c), 88 Stat. 52.)
658 Sec. 908. Congressional Record: payment for printing
extracts or other documents.
If a Member or Resident Commissioner fails to pay the
cost of printing extracts from the Congressional Record or
other documents ordered by him to be printed, the Public
Printer shall certify the amount due to the Chief
Administrative Officer of the House of Representatives or
the financial clerk of the Senate, as the case may be, who
shall deduct from any salary due the delinquent the amount,
or as much of it as the salary due may cover, and pay the
amount so obtained to the Public Printer, to be applied by
him to the satisfaction of the indebtedness. (Oct. 22, 1968,
Pub. L. 90-620, 82 Stat. 1260; Pub. L. 104-186, Title II,
Sec. 223(8), Aug. 20, 1996, 110 Stat. 1752.)
659 Sec. 910. Congressional Record: subscriptions; sale of
current, individual numbers, and bound sets; postage
rate.
(a) Under the direction of the Joint Committee, the
Public Printer may sell--
(1) subscriptions to the daily Record; and
(2) current, individual numbers, and bound
sets of the Congressional Record.
(b) The price of a subscription to the daily Record and
of current, individual numbers, and bound sets shall be
determined by the Public Printer based upon the cost of
printing and distribution. Any such price shall be paid in
advance. The money from any such sale shall be paid into the
Treasury and accounted for in the Public Printer's annual
report to Congress.
(c) The Congressional Record shall be entitled to be
mailed at the same rates of postage at which any newspaper
or other periodical publication, with a legitimate list of
paid subscribers, is entitled to be mailed. (Oct. 22, 1968,
Pub. L. 90-620, 82 Stat. 1260; June 8, 1974, Pub. L. 93-314,
Sec. 1(a), 88 Stat. 239.)
Chapter 11.--EXECUTIVE AND JUDICIARY PRINTING AND BINDING
660 Sec. 1104. Restrictions on use of illustrations.
Appropriations made for printing and binding may not be
used for an illustration, engraving, or photograph in a
document or report ordered printed by Congress unless the
order to print expressly authorizes it, nor in a document or
report of an executive department, independent office or
establishment of the Government until the head of the
executive department or Government establishment certifies
in a letter transmitting the report that the illustration,
engraving, or photograph is necessary and relates entirely
to the transaction of public business. (Oct. 22, 1968, Pub.
L. 90-620, 82 Stat. 1261.)
Chapter 13.--PARTICULAR REPORTS AND DOCUMENTS
661 Sec. 1301. Agriculture, Department of: report of Secretary.
The annual report of the Secretary of Agriculture shall
be submitted and printed in two parts, as follows:
part 1, containing purely business and
executive matter necessary for the Secretary to
submit to the President and Congress;
part 2, reports from the different bureaus
and divisions, and papers prepared by their
special agents, accompanied by suitable
illustrations as are, in the opinion of the
Secretary, specially suited to interest and
instruct the farmers of the country, and to
include a general report of the operations of
the department for their information.
In addition to the usual number, there shall be printed
of part 1, one thousand copies for the Senate, two thousand
copies for the House of Representatives, and three thousand
copies for the Department of Agriculture; and of part 2, one
hundred and ten thousand copies for the use of the Senate,
three hundred and sixty thousand copies for the use of the
House of Representatives, and thirty thousand copies for the
use of the Department of Agriculture, the illustrations for
part 2 to be subject to the approval of the Secretary of
Agriculture, and executed under the supervision of the
Public Printer, in accordance with directions of the Joint
Committee on Printing, and the title of each of the parts
shall show that each part is complete in itself. (Pub. L.
90-620, Oct. 22, 1968, 82 Stat. 1265.)
661.1 Sec. 1326. Librarian of Congress: reports.
Five thousand copies of the annual and special reports
of the Librarian of Congress submitted to Congress, shall be
printed and bound in cloth for the Library of Congress.
(Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1270.)
662 Sec. 1339. Printing of the President's Message.\1\
The message of the President without the accompanying
documents and reports shall be printed in pamphlet form,
immediately upon its receipt by Congress. In addition to the
usual number, fifteen thousand copies shall be printed, of
which five thousand shall be for the Senate, and ten
thousand for the House of Representatives.
\1\See footnote to Senate Manual section 613.
In addition to the usual number of the President's
message and accompanying documents, there shall be printed
one thousand copies for the Senate and two thousand for the
House of Representatives. The President's message shall be
delivered by the printer to the appropriate officers of each
House of Congress on or before the third Wednesday next
after the meeting of Congress, or as soon after as may be
practicable. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1272.)
Chapter 17.--DISTRIBUTION AND SALE OF PUBLIC DOCUMENTS
663 Sec. 1705. Printing additional copies for sale to public;
regulations.
The Public Printer shall print additional copies of a
Government publication, not confidential in character,
required for sale to the public by the Superintendent of
Documents, subject to regulation by the Joint Committee on
Printing and without interference with the prompt execution
of printing for the Government. (Oct. 22, 1968, Pub. L. 90-
620, 82 Stat. 1279.)
664 Sec. 1706. Printing and sale of extra copies of documents.
The Public Printer shall furnish to applicants giving
notice before the matter is put to press, not exceeding two
hundred and fifty to any one applicant, copies of bills,
reports, and documents. The applicants shall pay in advance
the price of the printing. The printing of these copies for
private parties may not interfere with the printing for the
Government. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1279.)
665 Sec. 1710. Index of documents: number and distribution.
The Superintendent of Documents, at the close of each
regular session of Congress, shall prepare and publish a
comprehensive index of public documents, upon a plan
approved by the Joint Committee on Printing. The Public
Printer shall, immediately upon its publication, deliver to
him a copy of every document printed by the Government
Printing Office. The head of each executive department,
independent agency and establishment of the Government shall
deliver to him a copy of every document issued or published
by the department, bureau, or office not confidential in
character. He shall also prepare and print in one volume a
consolidated index of Congressional documents, and shall
index single volumes of documents as the Joint Committee on
Printing directs. Two thousand copies each of the
comprehensive index and of the consolidated index shall be
printed and bound in addition to the usual number, two
hundred for the Senate, eight hundred for the House of
Representatives and one thousand for distribution by the
Superintendent of Documents. (Oct. 22, 1968, Pub. L. 90-620,
82 Stat. 1280.)
666 Sec. 1715. Publications for department or officer or for
congressional committees.
When printing not bearing a congressional number, except
confidential matter, blank forms, and circular letters not
of a public character, is done for a department or officer
of the Government, or not of a confidential character, is
done for use of congressional committees, two copies shall
be sent, unless withheld by order of the committee, by the
Public Printer to the Senate and House of Representatives
libraries, respectively, and one copy each to the document
rooms of the Senate and House of Representatives, for
reference; and these copies may not be removed. (Oct. 22,
1968, Pub. L. 90-620, 82 Stat. 1281.)
667 Sec. 1718. Distribution of Government publications to the
Library of Congress.\1\
There shall be printed and furnished to the Library of
Congress for official use in the District of Columbia not to
exceed twenty-five copies of:
\1\See footnote to Senate Manual section 613.
House documents and reports, bound;
Senate documents and reports, bound;
Senate and House journals, bound;
public bills and resolutions;
the United States Code and supplements,
bound; and
all other publications and maps which are
printed, or otherwise reproduced, under
authority of law, upon the requisition of a
Congressional committee, executive department,
bureau, independent office, establishment,
commission, or officer of the Government.
Confidential matter, blank forms, and circular letters
not of a public character shall be excepted.
In addition, there shall be delivered as printed to the
Library of Congress:
ten copies of each House document and
report, unbound;
ten copies of each Senate document and
report, unbound;
and
ten copies of each private bill and
resolution and fifty copies of the laws in slip
form. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat.
1282; Oct. 2, 1982, Pub. L. 97-276, Sec. 101(e),
96 Stat. 1189.)
668 Sec. 1719. International exchange of Government
publications.
For the purpose of more fully carrying into effect the
convention concluded at Brussels on March 15, 1886, and
proclaimed by the President of the United States on January
15, 1889, there shall be supplied to the Superintendent of
Documents not to exceed one hundred and twenty-five copies
each of all Government publications, including the daily and
bound copies of the Congressional Record, for distribution
to those foreign governments which agree, as indicated by
the Library of Congress, to send to the United States
similar publications of their governments for delivery to
the Library of Congress. Confidential matter, blank forms,
circular letters not of a public character, publications
determined by their issuing department, office, or
establishment to be required for official use only or for
strictly administrative or operational purposes which have
no public interest or educational value, and publications
classified for reasons of national security shall be
exempted from this requirement. The printing, binding, and
distribution costs of any publication distributed in
accordance with this section shall be charged to
appropriations provided to the Superintendent of Documents
for that purpose. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat.
1282; Oct. 2, 1982, Pub. L. 97-276, Sec. 101(e), 96 Stat.
1189; Pub. L. 99-500, Sec. 101(j), Oct. 18, 1986, 100 Stat.
1783-287, and Pub. L. 99-591, Sec. 101(j), Oct. 30, 1986,
100 Stat. 3341-287, as amended July 1987, Pub. L. 100-71,
Title I, 101 Stat. 425.)
Chapter 19.--DEPOSITORY LIBRARY PROGRAM
669 Sec. 1901. Definition of Government publication.
``Government publication'' as used in this chapter,
means informational matter which is published as an
individual document at Government expense, or as required by
law. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1283.)
670 Sec. 1902. Availability of Government publications through
Superintendent of Documents; lists of publications not
ordered from Government Printing Office.
Government publications, except those determined by
their issuing components to be required for official use
only or for strictly administrative or operational purposes
which have no public interest or educational value and
publications classified for reasons of national security,
shall be made available to depository libraries through the
facilities of the Superintendent of Documents for public
information. Each component of the Government shall furnish
the Superintendent of Documents a list of such publications
it issued during the previous month, that were obtained from
sources other than the Government Printing Office. (Oct. 22,
1968, Pub. L. 90-620, 82 Stat. 1283.)
671 Sec. 1903. Distribution of publications to depositories;
notice to Government components; cost of printing and
binding.
Upon request of the Superintendent of Documents,
components of the Government ordering the printing of
publications shall either increase or decrease the number of
copies of publications furnished for distribution to
designated depository libraries and State libraries so that
the number of copies delivered to the Superintendent of
Documents is equal to the number of libraries on the list.
The number thus delivered may not be restricted by any
statutory limitation in force on August 9, 1962. Copies of
publications furnished the Superintendent of Documents for
distribution to designated depository libraries shall
include--
the journals of the Senate and House of
Representatives;
all publications, not confidential in
character, printed upon the requisition of a
congressional committee;
Senate and House public bills and
resolutions; and
reports on private bills, concurrent or
simple resolutions;
but not so-called cooperative publications which must
necessarily be sold in order to be self-sustaining.
The Superintendent of Documents shall currently inform
the components of the Government ordering printing of
publications as to the number copies of their publications
required for distribution to depository libraries. The cost
of printing and binding those publications distributed to
depository libraries obtained elsewhere than from the
Government Printing Office, shall be borne by components of
the Government responsible for their issuance; those
requisitioned from the Government Printing Office shall be
charged to appropriations provided the Superintendent of
Documents for that purpose. (Oct. 22, 1968, Pub. L. 90-620,
82 Stat. 1283.)
672 Sec. 1904. Classified list of Government publications for
selection by depositories.
The Superintendent of Documents shall currently issue a
classified list of Government publications in suitable form,
containing annotations of contents and listed by item
identification numbers to facilitate the selection of only
those publications needed by depository libraries. The
selected publications shall be distributed to depository
libraries in accordance with regulations of the
Superintendent of Documents, as long as they fulfill the
conditions provided by law. (Oct. 22, 1968, Pub. L. 90-620,
82 Stat. 1284.)
673 Sec. 1905. Distribution to depositories; designation of
additional libraries; justification; authorization for
certain designations.
The Government publications selected from lists prepared
by the Superintendent of Documents, and when requested from
him, shall be distributed to depository libraries
specifically designated by law and to libraries designated
by Senators, Representatives, and the Resident Commissioner
from Puerto Rico, by the Commissioner of the District of
Columbia, and by the Governors of Guam, American Samoa, and
the Virgin Islands, respectively. Additional libraries
within areas served by Representatives or the Resident
Commissioner from Puerto Rico may be designated by them to
receive Government publications to the extent that the total
number of libraries designated by them does not exceed two
within each area. Not more than two additional libraries
within a State may be designated by each Senator from the
State. Before an additional library within a State,
congressional district or the Commonwealth of Puerto Rico is
designated as a depository for Government publications, the
head of that library shall furnish his Senator,
Representative, or the Resident Commissioner from Puerto
Rico, as the case may be, with justification of the
necessity for the additional designation. The justification,
which shall also include a certification as to the need for
the additional depository library designation, shall be
signed by the head of every existing depository library
within the congressional district or the Commonwealth of
Puerto Rico or by the head of the library authority of the
State or the Commonwealth of Puerto Rico, within which the
additional depository library is to be located. The
justification for additional depository library designations
shall be transmitted to the Superintendent of Documents by
the Senator, Representative, or the Resident Commissioner
from Puerto Rico, as the case may be. The Commissioner of
the District of Columbia may designate two depository
libraries in the District of Columbia, the Governor of Guam
and the Governor of American Samoa may each designate one
depository library in Guam and American Samoa, respectively,
and the Governor of the Virgin Islands may designate one
depository library on the island of Saint Thomas and one on
the island of Saint Croix. (Oct. 22, 1968, Pub. L. 90-620,
82 Stat. 1284.)
674 Sec. 1906. Land-grant colleges constituted depositories.
Land-grant colleges are constituted depositories to
receive Government publications subject to the depository
laws. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1284.)
675 Sec. 1909. Requirements of depository libraries; reports on
conditions; investigations; termination; replacement.
Only a library able to provide custody and service for
depository materials and located in an area where it can
best serve the public need, and within an area not already
adequately served by existing depository libraries may be
designated by Senators, Representatives, the Resident
Commissioner from Puerto Rico, the Commissioner of the
District of Columbia, or the Governors of Guam, American
Samoa, or the Virgin Islands as a depository of Government
publications. The designated depository libraries shall
report to the Superintendent of Documents at least every two
years concerning their condition.
The Superintendent of Documents shall make firsthand
investigation of conditions for which need is indicated and
include the results of investigations in his annual report.
When he ascertains that the number of books in a depository
library is below ten thousand, other than Government
publications, or it has ceased to be maintained so as to be
accessible to the public, or that the Government
publications which have been furnished the library have not
been properly maintained, he shall delete the library from
the list of depository libraries if the library fails to
correct the unsatisfactory conditions within six months. The
Representative or the Resident Commissioner from Puerto Rico
in whose area the library is located or the Senator who made
the designation, or a successor of the Senator, and, in the
case of a library in the District of Columbia, the
Commissioner of the District of Columbia, and in the case of
a library in Guam, American Samoa, or the Virgin Islands,
the Governor, shall be notified and shall then be authorized
to designate another library within the area served by him,
which shall meet the conditions herein required, but which
may not be in excess of the number of depository libraries
authorized by law within the State, district, territory, or
the Commonwealth of Puerto Rico, as the case may be. (Oct.
22, 1968, Pub. L. 90-620, 82 Stat. 1285.)
676 Sec. 1910. Designations of replacement depositories;
limitations on numbers; conditions.
The designation of a library to replace a depository
library, other than a depository library specifically
designated by law, may be made only within the limitations
on total numbers specified by section 1905 of this title,
and only when the library to be replaced ceases to exist, or
when the library voluntarily relinquishes its depository
status, or when the Superintendent of Documents determines
that it no longer fulfills the conditions provided by law
for depository libraries. (Oct. 22, 1968, Pub. L. 90-620, 82
Stat. 1286.)
677 Sec. 1912. Regional depositories; designation; functions;
disposal of publications.
Not more than two depository libraries in each State and
the Commonwealth of Puerto Rico may be designated as
regional depositories, and shall receive from the
Superintendent of Documents copies of all new and revised
Government publications authorized for distribution to
depository libraries. Designation of regional depository
libraries may be made by a Senator or the Resident
Commissioner from Puerto Rico within the areas served by
them, after approval by the head of the library authority of
the State or the Commonwealth of Puerto Rico, as the case
may be, who shall first ascertain from the head of the
library to be so designated that the library will, in
addition to fulfilling the requirements for depository
libraries, retain at least one copy of all Government
publications either in printed or microfacsimile form
(except those authorized to be discarded by the
Superintendent of Documents); and within the region served
will provide interlibrary loan, reference service, and
assistance for depository libraries in the disposal of
unwanted Government publications. The agreement to function
as a regional depository library shall be transmitted to the
Superintendent of Documents by the Senator or the Resident
Commissioner from Puerto Rico when the designation is made.
The libraries designated as regional depositories may
permit depository libraries, within the areas served by
them, to dispose of Government publications which they have
retained for five years after first offering them to other
depository libraries within their area, then to other
libraries. (Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1286.)
678 Sec. 1914. Implementation of depository library program
by Public Printer.
The Public Printer, with the approval of the Joint
Committee on Printing, as provided by section 103 of this
title, may use any measures he considers necessary for the
economical and practical implementation of this chapter.
(Oct. 22, 1968, Pub. L. 90-620, 82 Stat. 1287.)
678.1 Sec. 1915. Highest State appellate court libraries as
depository libraries.
Upon the request of the highest appellate court of a
State, the Public Printer is authorized to designate the
library of that court as a depository library. The
provisions of section 1911 of this title shall not apply to
any library so designated. (Aug. 10, 1972, Pub. L. 92-368,
Sec. 1(a), 86 Stat. 507.)
678.2 Sec. 1916. Designation of libraries of accredited law
schools as depository libraries.
(a) Upon the request of any accredited law school, the
Public Printer shall designate the library of such law
school as a depository library. The Public Printer may not
make such designation unless he determines that the library
involved meets the requirements of this chapter, other than
those requirements of the first undesignated paragraph of
section 1909 of this title which relate to the location of
such library.
(b) For purposes of this section, the term ``accredited
law school'' means any law school which is accredited by a
nationally recognized accrediting agency or association
approved by the Commissioner of Education for such purpose
or accredited by the highest appellate court of the State in
which the law school is located. (April 17, 1978, Pub. L.
95-261, Sec. 1, 92 Stat. 199.)
Chapter 21.--NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
679 Sec. 2112. Presidential archival depository.
(a)(1) When the Archivist considers it to be in the
public interest, the Archivist may--
(A)(i) accept, for and in the name of the
United States, land, a facility, and equipment
offered as a gift to the United States for the
purpose of creating a Presidential archival
depository;
(ii) take title to the land, facility, and
equipment on behalf of the United States; and
(iii) maintain, operate, and protect the
land, facility, and equipment as a Presidential
archival depository and as part of the national
archives system; * * *
(3) Prior to accepting and taking title to any land,
facility, or equipment under subparagraph (A) of paragraph
(1), or prior to entering into any agreement under
subparagraph (B) of such paragraph or any other agreement to
accept or establish a Presidential archival depository, the
Archivist shall submit a written report on the proposed
Presidential archival depository to the President of the
Senate and the Speaker of the House of Representatives. The
report shall include--
(A) a description of the land, facility, and
equipment offered as a gift or to be made
available without transfer of title;
(B) a statement specifying the estimated
total cost of the proposed depository and the
amount of the endowment for the depository
required pursuant to subsection (g) of this
section;
(C) a statement of the terms of the proposed
agreement, if any;
(D) a general description of the types of
papers, documents, or other historical materials
proposed to be deposited in the depository to be
created, and of the terms of the proposed
deposit;
(E) a statement of any additional
improvements and equipment associated with the
development and operation of the depository, an
estimate of the costs of such improvements and
equipment, and a statement as to the extent to
which such costs will be incurred by any Federal
or State government agency;
(F) an estimate of the total annual cost to
the United States of maintaining, operating, and
protecting the depository; and
(G) a certification that such facility and
equipment (whether offered as a gift or made
available without transfer of title) comply with
standards promulgated by the Archivist pursuant
to paragraph (2) of this subsection.
(Pub. L. 90-620, Oct. 22, 1968, 82 Stat. 1289, Sec. 2108;
Pub. L. 94-575, Sec. 4(a), Oct. 21, 1976, 90 Stat. 2727;
Pub. L. 95-591, Sec. 2(b)(3), Nov. 4, 1978, 92 Stat. 2528;
renumbered Sec. 2112 and amended Pub. L. 98-497, Title I,
Sec. Sec. 102(a)(1), 107(a)(6), Oct. 19, 1984, 98 Stat.
2280, 2286; Pub. L. 99-323, Sec. 3, May 27, 1986, 100 Stat.
495.)
679.1 Sec. 2118. Records of Congress.
The Secretary of the Senate and the Clerk of the House
of Representatives, acting jointly, shall obtain at the
close of each Congress all the noncurrent records of the
Congress and of each congressional committee and transfer
them to the National Archives and Records Administration for
preservation, subject to the orders of the Senate or the
House of Representatives, respectively. (Pub. L. 90-620,
Oct. 22, 1968, 82 Stat. 1291, Sec. 2114; renumbered and
amended Pub. L. 98-497, Title I, Sec. Sec. 102(a)(1),
107(a)(10), Oct. 19, 1984, 98 Stat. 2280, 2286.)
Cross Reference
The Senate provided public access to its records
pursuant to S. Res. 474, Dec. 1, 1980. See Senate Manual
section 60.
Chapter 33.--DISPOSAL OF RECORDS
680 Sec. 3303a. Examination by Archivist of lists and schedules
of records lacking preservation value; disposal of
records.
(a) The Archivist shall examine the lists and schedules
submitted to him under section 3303 of this title. If the
Archivist determines that any of the records listed in a
list or schedule submitted to him do not, or will not after
the lapse of the period specified, have sufficient
administrative, legal, research, or other value to warrant
their continued preservation by the Government, he may,
after publication of notice in the Federal Register and an
opportunity for interested persons to submit comment
thereon--
(1) notify the agency to that effect; and
(2) empower the agency to dispose of those
records in accordance with regulations
promulgated under section 3302 of this title.
(b) Authorizations granted under lists and schedules
submitted to the Archivist under section 3303 of this title,
and schedules promulgated by the Archivist under subsection
(d) of this section, shall be mandatory, subject to section
2909 of this title. As between an authorization granted
under lists and schedules submitted to the Archivist under
section 3303 of this title and an authorization contained in
a schedule promulgated under subsection (d) of this section,
application of the authorization providing for the shorter
retention period shall be required, subject to section 2909
of this title.
(c) The Archivist may request advice and counsel from
the Committee on Rules and Administration of the Senate and
the Committee on House Oversight of the House of
Representatives with respect to the disposal of any
particular records under this chapter whenever he considers
that--
(1) those particular records may be of
special interest to the Congress; or
(2) consultation with the Congress regarding
the disposal of those particular records is in
the public interest.
However, this subsection does not require the Archivist to
request such advice and counsel as a regular procedure in
the general disposal of records under this chapter.
(d) The Archivist shall promulgate schedules authorizing
the disposal, after the lapse of specified periods of time,
of records of a specified form or character common to
several or all agencies if such records will not, at the end
of the periods specified, have sufficient administrative,
legal, research, or other value to warrant their further
preservation by the United States Government. A Federal
agency may request changes in such schedules for its records
pursuant to section 2009 of this title.
(e) The Archivist may approve and effect the disposal of
records that are in his legal custody, provided that records
that had been in the custody of another existing agency may
not be disposed of without the written consent of the head
of the agency.
(f) The Archivist shall make an annual report to the
Congress concerning the disposal of records under this
chapter, including general descriptions of the types of
records disposed of and such other information as he
considers appropriate to keep the Congress fully informed
regarding the disposal of records under this chapter. (Added
Pub. L. 91-287, Sec. 1, June 23, 1970, 84 Stat. 320, and
amended Pub. L. 95-440, Sec. 1, Oct. 10, 1978, 92 Stat.
1063; Pub. L. 98-497, Title I, Sec. 107(b)(24), (25)(B),
Title II, Sec. 204, Oct. 19, 1984, 98 Stat. 2290, 2294; Pub.
L. 104-186, Title II, Sec. 223(10), Aug. 20, 1996, 110 Stat.
1752.)
Chapter 35.--COORDINATION OF FEDERAL INFORMATION POLICY
681 Sec. 3501. Purposes.
The purposes of this chapter are to--
(1) minimize the paperwork burden for
individuals, small businesses, educational and
nonprofit institutions, Federal contractors,
State, local and tribal governments, and other
persons resulting from the collection of
information by or for the Federal Government;
(2) ensure the greatest possible public
benefit from and maximize the utility of
information created, collected, maintained,
used, shared and disseminated by or for the
Federal Government;
(3) coordinate, integrate, and to the extent
practicable and appropriate, make uniform
Federal information resources management
policies and practices as a means to improve the
productivity, efficiency, and effectiveness of
Government programs, including the reduction of
information collection burdens on the public and
the improvement of service delivery to the
public;
(4) improve the quality and use of Federal
information to strengthen decisionmaking,
accountability, and openness in Government and
society;
(5) minimize the cost to the Federal
Government of the creation, collection,
maintenance, use, dissemination, and disposition
of information;
(6) strengthen the partnership between the
Federal Government and State, local, and tribal
governments by minimizing the burden and
maximizing the utility of information created,
collected, maintained, used, disseminated, and
retained by or for the Federal Government;
(7) provide for the dissemination of public
information on a timely basis, on equitable
terms, and in a manner that promotes the utility
of the information to the public and makes
effective use of information technology;
(8) ensure that the creation, collection,
maintenance, use, dissemination, and disposition
of information by or for the Federal Government
is consistent with applicable laws, including
laws relating to--
(A) privacy and confidentiality,
including section 552a of title 5;
(B) security of information, including
the Computer Security Act of 1987 (Public
Law 100-235); and
(C) access to information, including
section 552 of title 5;
(9) ensure the integrity, quality, and
utility of the Federal statistical system;
(10) ensure that information technology is
acquired, used, and managed to improve
performance of agency missions, including the
reduction of information collection burdens on
the public; and
(11) improve the responsibility and
accountability of the Office of Management and
Budget and all other Federal agencies to
Congress and to the public for implementing the
information collection review process,
information resources management, and related
policies and guidelines established under this
chapter.
(Pub. L. 96-511, Sec. 2(a), Dec. 11, 1980, 94 Stat. 2812;
amended Pub. L. 99-591, Title VIII, Sec. 811, Oct. 30, 1986,
100 Stat. 3341-335; Pub. L. 104-13; May 22, 1995, 109 Stat.
163.)
682 Sec. 3503. Office of Information and Regulatory Affairs.
(a) There is established in the Office of Management and
Budget an office to be known as the Office of Information
and Regulatory Affairs.
(b) There shall be at the head of the Office an
Administrator who shall be appointed by the President, by
and with the advice and consent of the Senate. The Director
shall delegate to the Administrator the authority to
administer all functions under this chapter, except that any
such delegation shall not relieve the Director of
responsibility for the administration of such functions. The
Administrator shall serve as principal adviser to the
Director on Federal information resources management policy.
(Added Pub. L. 96-511, Sec. 2(a), Dec. 11, 1980, 94 Stat.
2814, and amended Pub. L. 99-500, Title I, Sec. 101(m),
[Title VIII, Sec. 813(a)], Oct. 18, 1986, 100 Stat. 1783-
336; Pub. L. 99--591, Title I, Sec. 101(m), [Title VIII,
Sec. 813(a)], Oct. 30, 1986, 100 Stat. 3341-336; Pub. L.
104-13; May 22, 1995, 109 Stat. 166.)
683 Sec. 3505. Assignment of tasks and deadlines.
(a) In carrying out the functions under this chapter,
the Director shall--
(1) in consultation with agency heads, set
an annual Governmentwide goal for the reduction
of information collection burdens by at least 10
percent during each of fiscal years 1996 and
1997 and 5 percent during each of fiscal years
1998, 1999, 2000, and 2001, and set annual
agency goals to--
(A) reduce information collection
burdens imposed on the public that--
(i) represent the maximum
practicable opportunity in each
agency; and
(ii) are consistent with
improving agency management of the
process for the review of
collections of information
established under section 3506(c);
and
(B) improve information resources
management in ways that increase the
productivity, efficiency and effectiveness
of Federal programs, including service
delivery to the public;
(2) with selected agencies and non-Federal
entities on a voluntary basis, conduct pilot
projects to test alternative policies,
practices, regulations, and procedures to
fulfill the purposes of this chapter,
particularly with regard to minimizing the
Federal information collection burden; and
(3) in consultation with the Administrator
of General Services, the Director of the
National Institute of Standards and Technology,
the Archivist of the United States, and the
Director of the Office of Personnel Management,
develop and maintain a Governmentwide strategic
plan for information resources management, that
shall include--
(A) a description of the objectives and
the means by which the Federal Government
shall apply information resources to improve
agency and program performance;
(B) plans for--
(i) reducing information burdens
on the public, including reducing
such burdens through the elimination
of duplication and meeting shared
data needs with shared resources;
(ii) enhancing public access to
and dissemination of, information,
using electronic and other formats;
and
(iii) meeting the information
technology needs of the Federal
Government in accordance with the
purposes of this chapter; and
(C) a description of progress in
applying information resources management to
improve agency performance and the
accomplishment of missions.
(b) For purposes of any pilot project conducted under
subsection (a)(2), the Director may, after consultation with
the agency head, waive the application of any administrative
directive issued by an agency with which the project is
conducted, including any directive requiring a collection of
information, after giving timely notice to the public and
the Congress regarding the need for such waiver.
(Added Pub. L. 96-511, Sec. 2(a), Dec. 11, 1980, 94 Stat.
2818; and amended Pub. L. 99-500, Title I, Sec. 101(m),
[Title VIII, Sec. 815], Oct. 18, 1986, 100 Stat. 1783-337;
Pub. L. 99-591, Title I, Sec. 101(m), [Title VIII,
Sec. 815], Oct. 30, 1986, 100 Stat. 3341-337; Pub. L. 104-
13, May 22, 1995, 109 Stat. 170.)
684 Sec. 3514. Responsiveness to Congress.
(a)(1) The Director shall--
(A) keep the Congress and congressional
committees fully and currently informed of the
major activities under this chapter; and
(B) submit a report on such activities to
the President of the Senate and the Speaker of
the House of Representatives annually and at
such other times as the Director determines
necessary.
(2) The Director shall include in any such report a
description of the extent to which agencies have--
(A) reduced information collection burdens
on the public, including--
(i) a summary of accomplishments and
planned initiatives to reduce collection of
information burdens;
(ii) a list of all violations of this
chapter and of any rules, guidelines,
policies, and procedures issued pursuant to
this chapter;
(iii) a list of any increase in the
collection of information burden, including
the authority for each such collection; and
(iv) a list of agencies that in the
preceding year did not reduce information
collection burdens in accordance with
section 3505(a)(1), a list of the programs
and statutory responsibilities of those
agencies that precluded that reduction, and
recommendations to assist those agencies to
reduce information collection burdens in
accordance with that section;
(B) improved the quality and utility of
statistical information;
(C) improved public access to Government
information; and
(D) improved program performance and the
accomplishment of agency missions through
information resources management.
(b) The preparation of any report required by this
section shall be based on performance results reported by
the agencies and shall not increase the collection of
information burden on persons outside the Federal
Government.
(Added Pub. L. 96-511, Sec. 2(a), Dec. 11, 1980, 94 Stat.
2823, and amended Pub. L. 99-500, Title I, Sec. 101(m),
[Title VIII, Sec. 819], Oct. 18, 1986, 100 Stat. 1783-339;
Pub. L. 99-591, Title I, Sec. 101(m), [Title VIII,
Sec. 819], Oct. 30, 1986, 100 Stat. 3341-339; Pub. L. 104-
13, May 22, 1995, 109 Stat. 181.)
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HISTORICAL DOCUMENTS
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declaration of independence
declaration of independence
[755]
____________________________________________________________
DECLARATION OF INDEPENDENCE
IN CONGRESS JULY 4, 1776
____________________________________________________________
THE UNANIMOUS DECLARATION OF THE THIRTEEN UNITED STATES OF
AMERICA
When in the Course of human events, it becomes necessary
for one people to dissolve the political bands which have
connected them with another, and to assume among the powers
of the earth, the separate and equal station to which the
Laws of Nature and of Nature's God entitle them, a decent
respect to the opinions of mankind requires that they should
declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men
are created equal, that they are endowed by their Creator
with certain unalienable Rights, that among these are Life,
Liberty and the pursuit of Happiness. That to secure these
rights, Governments are instituted among Men, deriving their
just powers from the consent of the governed. That whenever
any Form of Government becomes destructive of these ends, it
is the Right of the People to alter or to abolish it, and to
institute new Government, laying its foundation on such
principles and organizing its powers in such form, as to
them shall seem most likely to effect their Safety and
Happiness. Prudence, indeed, will dictate that Governments
long established should not be changed for light and
transient causes; and accordingly all experience hath shewn
that mankind are more disposed to suffer, while evils are
sufferable, than to right themselves by abolishing the forms
to which they are accustomed. But when a long train of
abuses and usurpations, pursuing invariably the same Object
evinces a design to reduce them under absolute Despotism, it
is their right, it is their duty, to throw off such
Government, and to provide new Guards for their future
security. Such has been the patient sufferance of these
Colonies; and such is now the necessity which constrains
them to alter their former Systems of Government. The
history of the present King of Great Britain is a history of
repeated injuries and usurpations, all having in direct
object the establishment of an absolute Tyranny over these
States. To prove this, let Facts be submitted to a candid
world.
He has refused his Assent to Laws, the most wholesome
and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate
and pressing importance, unless suspended in their operation
till his Assent should be obtained; and when so suspended he
has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation
of large districts of people, unless those people would
relinquish the right of Representation in the Legislature, a
right inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places
unusual, uncomfortable, and distant from the dispository of
their public Records, for the sole purpose of fatiguing them
into compliance with his measures.
He has dissolved Representative Houses repeatedly, for
opposing with manly firmness his invasions on the rights of
the people.
He has refused for a long time, after such dissolutions,
to cause others to be elected; whereby the Legislative
powers, incapable of Annihilation, have returned to the
People at large for their exercise; the State remaining in
the mean time exposed to all the dangers of invasion from
without, and convulsions within.
He has endeavoured to prevent the population of these
States; for that purpose obstructing the Laws for
Naturalization of Foreigners; refusing to pass others to
encourage their migrations hither, and raising the
conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice, by
refusing his Assent to Laws for establishing Judiciary
powers.
He has made Judges dependent on his Will alone, for the
tenure of their offices, and the amount and payment of their
salaries.
He has erected a multitude of New Offices, and sent
hither swarms of Officers to harrass our people, and eat out
their substance.
He has kept among us, in times of peace, Standing Armies
without the Consent of our legislatures.
He has affected to render the Military independent of
and superior to the Civil power.
He has combined with others to subject us to a
jurisdiction foreign to our constitution, and unacknowledged
by our laws; giving his Assent to their Acts of pretended
Legislation:
For quartering large bodies of armed troops among us:
For protecting them, by a mock Trial, from punishment
for any Murders which they should commit on the Inhabitants
of these States:
For cutting off our Trade with all parts of the world:
For imposing Taxes on us without our Consent:
For depriving us in many cases, of the benefits of Trial
by Jury:
For transporting us beyond Seas to be tried for
pretended offences:
For abolishing the free System of English Laws in a
neighbouring Province, establishing therein an Arbitrary
government, and enlarging its Boundaries so as to render it
at once an example and fit instrument for introducing the
same absolute rule into these Colonies:
For taking away our Charters, abolishing our most
valuable Laws, and altering fundamentally the Forms of our
Governments:
For suspending our own Legislatures, and declaring
themselves invested with power to legislate for us in all
cases whatsoever.
He has abdicated Government here, by declaring us out of
his Protection and waging War against us.
He has plundered our seas, ravaged our Coasts, burnt our
towns, and destroyed the lives of our people.
He is at this time transporting large Armies of foreign
Mercenaries to compleat the works of death, desolation and
tyranny, already begun with circumstances of Cruelty &
perfidy scarcely paralleled in the most barbarous ages, and
totally unworthy of the Head of a civilized nation.
He has constrained our fellow Citizens taken Captive on
the high Seas to bear Arms against their Country, to become
the executioners of their friends and Brethren, or to fall
themselves by their Hands.
He has excited domestic insurrections amongst us, and
has endeavoured to bring on the inhabitants of our
frontiers, the merciless Indian Savages, whose known rule of
warfare is an undistinguished destruction of all ages, sexes
and conditions.
In every stage of these Oppressions We have Petitioned
for Redress in the most humble terms: Our repeated Petitions
have been answered only by repeated injury. A Prince, whose
character is thus marked by every act which may define a
Tyrant, is unfit to be the ruler of a free people.
Nor have We been wanting in attentions to our British
brethren. We have warned them from time to time of attempts
by their legislature to extend an unwarrantable jurisdiction
over us. We have reminded them of the circumstances of our
emigration and settlement here. We have appealed to their
native justice and magnanimity, and we have conjured them by
the ties of our common kindred to disavow these usurpations,
which would inevitably interrupt our connections and
correspondence. They too have been deaf to the voice of
justice and of consanguinity. We must, therefore, acquiesce
in the necessity, which denounces our Separation, and hold
them, as we hold the rest of mankind, Enemies in War, in
Peace Friends.
WE, THEREFORE, the Representatives of the United States
of America, in General Congress, Assembled, appealing to the
Supreme Judge of the world for the rectitude of our
intentions, do, in the Name, and by authority of the good
People of these Colonies, solemnly publish and declare, That
these United Colonies are, and of Right ought to be Free and
Independent States; that they are Absolved from all
Allegiance to the British Crown, and that all political
connection between them and the State of Great Britain, is
and ought to be totally dissolved; and that as Free and
Independent States, they have full Power to levy War,
conclude Peace, contract Alliances, establish Commerce, and
do all other Acts and Things which Independent States may of
right do. And for the support of this Declaration, with a
firm reliance on the protection of divine Providence, we
mutually pledge to each other our Lives, our Fortunes, and
our sacred Honor.
(The foregoing declaration was, by order of Congress, engrossed, and
signed by the following members:)
JOHN HANCOCK.
New Hampshire
Vosiah Bartlett,
Wm. Whipple,
Matthew Thornton.
Massachusetts Bay
Saml. Adams,
John Adams,
Robt. Treat Paine,
Elbridge Gerry.
Rhode Island, etc.
Step. Hopkins,
William Ellery.
Connecticut
Roger Sherman,
Sam'el Huntington,
Wm. Williams,
Oliver Wolcott.
New York
Wm. Floyd,
Phil. Livingston,
Frans. Lewis,
Lewis Morris.
New Jersey
Richd. Stockton,
Jno. Witherspoon,
Fras. Hopkinson,
John Hart,
Abra Clark.
Pennsylvania
Robt. Morris,
Benjamin Rush,
Benja. Franklin,
John Morton,
Geo. Clymer,
Jas. Smith,
Geo. Taylor,
James Wilson,
Geo. Ross.
Delaware
Caesar Rodney,
Geo. Read,
Tho. M'Kean.
Maryland
Samuel Chase,
Wm. Paca,
Thos. Stone,
Charles Carroll of
Carrollton.
Virginia
George Withe,
Richard Henry Lee,
Th. Jefferson,
Benja. Harrison,
Thos. Nelson, Jr.,
Francis Lightfoot Lee,
Carter Braxton.
North Carolina
Wm. Hooper,
Joseph Hewes,
John Penn.
South Carolina
Edward Rutledge,
Thos. Heyward, Junr.,
Thomas Lynch, Junr.,
Arthur Middleton.
Georgia
Button Gwinnett,
Lyman Hall,
Geo. Walton.
Resolved, That copies of the Declaration be sent to the
several assemblies, conventions, and committees or councils
of safety, and to the several commanding officers of the
Continental Troops: That it be proclaimed in each of the
United States, and at the Head of the Army.--[Jour. Cong.,
vol. 1, p. 396.]
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ARTICLES OF CONFEDERATION
____________________________________________________________
HISTORICAL BACKGROUND
While the Declaration of Independence was under
consideration in the Continental Congress, and before it was
finally agreed upon, measures were taken for the
establishment of a constitutional form of government; and on
the 11th of June, 1776, it was ``Resolved, That a committee
be appointed to prepare and digest the form of a
confederation to be entered into between these Colonies'';
which committee was appointed the next day, June 12, and
consisted of a member from each Colony, namely: Mr.
Bartlett, Mr. S. Adams, Mr. Hopkins, Mr. Sherman, Mr. R. R.
Livingston, Mr. Dickinson, Mr. McKean, Mr. Stone, Mr.
Nelson, Mr. Hewes, Mr. E. Rutledge, and Mr. Gwinnett. On the
12th of July, 1776, the committee reported a draft of the
Articles of Confederation, which was printed for the use of
the members under the strictest injunctions of secrecy.
This report underwent a thorough discussion in Congress,
from time to time, until the 15th of November, 1777; on
which day, ``Articles of Confederation and Perpetual Union''
were finally agreed to in form, and they were directed to be
proposed to the legislatures of all the United States, and
if approved by them, they were advised to authorize their
delegates to ratify the same in the Congress of the United
States; and in that event they were to become conclusive. On
the 17th of November, 1777, the Congress agreed upon the
form of a circular letter to accompany the Articles of
Confederation, which concluded with a recommendation to each
of the several legislatures ``to invest its delegates with
competent powers, ultimately, and in the name and behalf of
the State, to subscribe articles of confederation and
perpetual union of the United States, and to attend Congress
for that purpose on or before the 10th day of March next.''
This letter was signed by the President of Congress and
sent, with a copy of the articles, to each State
legislature.
On the 26th of June, 1778, Congress agreed upon the form
of a ratification of the Articles of Confederation, and
directed a copy of the articles and the ratification to be
engrossed on parchment; which, on the 9th of July, 1778,
having been examined and the blanks filled, was signed by
the delegates of New Hampshire, Massachusetts Bay, Rhode
Island and Providence Plantations, Connecticut, New York,
Pennsylvania, Virginia, and South Carolina. Congress then
directed that a circular letter be addressed to the States
whose delegates were not present, or being present,
conceived they were not authorized to sign the ratification,
informing them how many and what States had ratified the
Articles of Confederation, and desiring them, with all
convenient dispatch, to authorize their delegates to ratify
the same. Of these States, North Carolina ratified on the
21st and Georgia on the 24th of July, 1778; New Jersey on
the 26th of November following; Delaware on the 5th of May,
1779; Maryland on the 1st of March, 1781; and on the 2d of
March, 1781, Congress assembled under the new form of
government.
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articles of confederation
[756]
____________________________________________________________
ARTICLES OF CONFEDERATION\1\
____________________________________________________________
756.1 ACT OF CONFEDERATION OF THE UNITED STATES OF AMERICA
to all to whom these presents shall come, we the undersigned
delegates of the states affixed to our names, send
greetings
Whereas the Delegates of the United States of America in
Congress assembled did on the 15th day of November in the
Year of our Lord One Thousand Seven Hundred and Seventy
seven, and in the Second Year of the Independence of America
agree to certain articles of Confederation and perpetual
Union between the states of Newhampshire, Massachusetts-bay,
Rhodeisland and Providence Plantations, Connecticut, New
York, New Jersey, Pennsylvania, Delaware, Maryland,
Virginia, North Carolina, South Carolina and Georgia in the
Words following, viz.
\1\Adopted by the Continental Congress on November 15,
1777, while meeting at York, Pennsylvania, which served as
the site of the National Capital from September 30, 1777, to
June 27, 1778. Ratification of the Articles by the
respective delegates commenced on July 9, 1778, in
Philadelphia, Pennsylvania, but was not completed until
March 1, 1781, when the Articles were signed by the
delegates from Maryland.
``articles of confederation and perpetual union between the
states of newhampshire, massachusetts-bay, rhodeisland
and providence plantations, connecticut, new york, new
jersey, pennsylvania, delaware, maryland, virginia,
north carolina, south carolina and georgia
756.2 Article i. The Stile of this confederacy shall be ``The
United States of America.''
756.3 Article ii. Each State retains its Sovereignty, freedom
and independence, and every Power, Jurisdiction and right,
which is not by this confederation expressly delegated to
the United States in Congress assembled.
756.4 Article iii. The said states hereby severally enter into
a firm league of friendship with each other, for their
common defence, the security of their Liberties, and their
mutual and general welfare, binding themselves to assist
each other, against all force offered to, or attacks made
upon them, or any of them, on account of religion,
sovereignty, trade, or any other pretence whatever.
756.5 Article iv. The better to secure and perpetuate mutual
friendship and intercourse among the people of the different
states in this union, the free inhabitants of each of these
states, paupers, vagabonds and fugitives from Justice
excepted, shall be entitled to all privileges and immunities
of free citizens in the several states, and the people of
each state shall have free ingress and regress to and from
any other state, and shall enjoy therein all the privileges
of trade and commerce, subject to the same duties,
impositions and restrictions as the inhabitants thereof
respectively, provided that such restrictions shall not
extend so far as to prevent the removal of property imported
into any state, to any other state of which the Owner is an
inhabitant, provided also that no imposition, duties or
restriction shall be laid by any state, on the property of
the united states, or either of them.
If any Person guilty of, or charged with treason, felony
or other high misdemeanor in any state, shall flee from
Justice, and be found in any of the united states, he shall
upon demand of the Governor or executive power, of the state
from which he fled, be delivered up and removed to the state
having jurisdiction of his offence.
Full faith and credit shall be given in each of these
states to the records, acts and judicial proceedings of the
courts and magistrates of every other state.
756.6 Article v. For the more convenient management of the
general interest of the united states, delegates shall be
annually appointed in such manner as the legislature of each
state shall direct, to meet in Congress on the first Monday
in November, in every year, with a power reserved to each
state, to recall its delegates, or any of them, at any time
within the year, and to send others in their stead, for the
remainder of the Year.
No state shall be represented in Congress by less than
two, nor by more than seven Members; and no person shall be
capable of being a delegate for more than three years in any
term of six years; nor shall any person, being a delegate,
be capable of holding any office under the united states,
for which he, or another for his benefit receives any
salary, fees or emolument of any kind.
Each state shall maintain its own delegates in a meeting
of the states, and while they act as members of the
committee of the states.
In determining questions in the united states, in
Congress assembled, each state shall have one vote.
Freedom of speech and debate in Congress shall not be
impeached or questioned in any Court, or place out of
Congress, and the members of congress shall be protected in
their persons from arrests and imprisonments, during the
time of their going to and from, and attendance on congress,
except for treason, felony, or breach of the peace.
756.7 Article vi. No state without the Consent of the united
states in congress assembled, shall send any embassy to, or
receive any embassy from, or enter into any conference,
agreement, alliance or treaty with any King, prince or
state; nor shall any person holding any office of profit or
trust under the united states, or any of them, accept of any
present, emolument, office or title of any kind whatever
from any king, prince or foreign state; nor shall the united
states in congress assembled, or any of them, grant any
title of nobility.
No two or more states shall enter into any treaty,
confederation or alliance whatever between them, without the
consent of the united states in congress assembled,
specifying accurately the purposes for which the same is to
be entered into, and how long it shall continue.
No state shall lay any imposts of duties, which may
interfere with any stipulations in treaties, entered into by
the united states in congress assembled with any king,
prince or state, in pursuance of any treaties already
proposed by congress to the courts of France and Spain.
No vessels of war shall be kept up in time of peace by
any state, except such number only, as shall be deemed
necessary by the united states in congress assembled, for
the defence of such state, or its trade; nor shall any body
of forces be kept up by any state, in time of peace, except
such number only, as in the judgment of the united states,
in congress assembled, shall be deemed requisite to garrison
the forts necessary for the defence of such state; but every
state shall always keep up a well regulated and disciplined
militia, sufficiently armed and accoutred, and shall provide
and constantly have ready for use, in public stores, a due
number of field-pieces and tents, and a proper quantity of
arms, ammunition and camp equipage.
No state shall engage in any war without the consent of
the united states in congress assembled, unless such state
be actually invaded by enemies, or shall have received
certain advice of a resolution being formed by some nation
of Indians to invade such state, and the danger is so
imminent as not to admit of a delay, till the united states
in congress assembled can be consulted: nor shall any state
grant commissions to any ships or vessels of war, nor
letters of marque or reprisal, except it be after a
declaration of war by the united states in Congress
assembled, and then only against the kingdom or state and
the subjects thereof, against which war has been so
declared, and under such regulations as shall be established
by the united states in congress assembled, unless such
state be infested by pirates, in which case vessels of war
may be fitted out for that occasion, and kept so long as the
danger shall continue, or until the united states in
congress assembled shall determine otherwise.
756.8 Article vii. When land-forces are raised by any state
for the common defence, all officers of or under the rank of
colonel, shall be appointed by the legislature of each state
respectively by whom such forces shall be raised, or in such
manner as such state shall direct, and all vacancies shall
be filled up by the state which first made the appointment.
756.9 Article viii. All charges of war, and all other expences
that shall be incurred for the common defence or general
welfare, and allowed by the united states in congress
assembled, shall be defrayed out of a common treasury, which
shall be supplied by the several states, in proportion to
the value of all land within each state, granted to or
surveyed for any Person, as such land and the buildings and
improvements thereon shall be estimated according to such
mode as the united states in congress assembled, shall from
time to time direct and appoint.
The taxes for paying that proportion shall be laid and
levied by the authority and direction of the legislatures of
the several states within the time agreed upon by the united
states in congress assembled.
756.10 Article ix. The united states in congress assembled,
shall have the sole and exclusive right and power of
determining on peace and war, except in the cases mentioned
in the sixth article--of sending and receiving embassadors--
entering into treaties and alliances, provided that no
treaty of commerce shall be made whereby the legislative
power of the respective states shall be restrained from
imposing such imposts and duties on foreigners, as their own
people are subjected to, or from prohibiting the exportation
or importation of any species of goods or commodities
whatsoever--of establishing rules for deciding in all cases,
what captures on land or water shall be legal, and in what
manner prizes taken by land or naval forces in the service
of the united states shall be divided or appropriated--of
granting letters of marque and reprisal in times of peace--
appointing courts for the trial of piracies and felonies
committed on the high seas and establishing courts for
receiving and determining finally appeals in all cases of
captures, provided that no member of congress shall be
appointed a judge of any of the said courts.
756.11 The united states in congress assembled shall also be
the last resort on appeal in all disputes and differences
now subsisting or that hereafter may arise between two or
more states concerning boundary, jurisdiction or any other
cause whatever, which authority shall always be exercised in
the manner following. Whenever the legislative or executive
authority or lawful agent of any state in controversy with
another shall present a petition to congress stating the
matter in question and praying for a hearing, notice thereof
shall be given by order of congress to the legislative or
executive authority of the other state in controversy, and a
day assigned for the appearance of the parties by their
lawful agents, who shall then be directed to appoint by
joint consent, commissioners or judges to constitute a court
for hearing and determining the matter in question: but if
they cannot agree, congress shall name three persons out of
each of the united states, and from the list of such persons
each party shall alternately strike out one, the petitioners
beginning, until the number shall be reduced to thirteen;
and from that number not less than seven, nor more than nine
names as congress shall direct, shall in the presence of
congress be drawn out by lot, and the persons whose names
shall be so drawn or any five of them, shall be
commissioners or judges, to hear and finally determine the
controversy, so always as a major part of the judges who
shall hear the cause shall agree in the determination: and
if either party shall neglect to attend at the day
appointed, without showing reasons, which congress shall
judge sufficient, or being present shall refuse to strike,
the congress shall proceed to nominate three persons out of
each State, and the secretary of congress shall strike in
behalf of such party absent or refusing; and the judgment
and sentence of the court to be appointed, in the manner
before prescribed, shall be final and conclusive; and if any
of the parties shall refuse to submit to the authority of
such court, or to appear or defend their claim or cause, the
court shall nevertheless proceed to pronounce sentence, or
judgment, which shall in like manner be final and decisive,
the judgment or sentence and other proceedings being in
either case transmitted to congress, and lodged among the
acts of congress for the security of the parties concerned:
provided that every commissioner, before he sits in
judgment, shall take an oath to be administered by one of
the judges of the supreme or superior court of the state,
where the cause shall be tried, ``well and truly to hear and
determine the matter in question, according to the best of
his judgment without favour, affection or hope of reward'':
provided also that no state shall be deprived of territory
for the benefit of the united states.
756.12 All controversies concerning the private right of soil
claimed under different grants of two or more states, whose
jurisdiction as they may respect such lands, and the states
which passed such grants are adjusted, the said grants or
either of them being at the same time claimed to have
originated antecedent to such settlement of jurisdiction,
shall on the petition of either party to the congress of the
united states, be finally determined as near as may be in
the same manner as is before prescribed for deciding
disputes respecting territorial jurisdiction between
different states.
756.13 The united states in congress assembled shall also have
the sole and exclusive right and power of regulating the
alloy and value of coin struck by their own authority, or by
that of the respective states--fixing the standard of
weights and measures throughout the united states--
regulating the trade and managing all affairs with the
Indians, not members of any of the states, provided that the
legislative right of any state within its own limits be not
infringed or violated--establishing and regulating post-
offices from one state to another, throughout all the united
states, and exacting such postage on the papers passing
thro' the same as may be requisite to defray the expences of
the said office--appointing all officers of the land forces,
in the service of the united states, excepting regimental
officers--appointing all the officers of the naval forces,
and commissioning all officers whatever in the service of
the united states--making rules for the government and
regulation of the said land and naval forces, and directing
their operations.
756.14 The united states in congress assembled shall have
authority to appoint a committee, to sit in the recess of
congress, to be denominated ``A Committee of the States,''
and to consist of one delegate from each state; and to
appoint such other committees and civil officers as may be
necessary for managing the general affairs of the united
states under their direction--to appoint one of their number
to preside, provided that no person be allowed to serve in
the office of president more than one year in any term of
three years; to ascertain the necessary sums of Money to be
raised for the service of the united states, and to
appropriate and apply the same for defraying the public
expences--to borrow money, or emit bills on the credit of
the united states, transmitting every half year to the
respective states an account of the sums of moneys so
borrowed or emitted--to build and equip a navy--to agree
upon the number of land forces, and to make requisition from
each state for its quota, in proportion to the number of
white inhabitants in such state; which requisitions shall be
binding, and thereupon the legislature of each state shall
appoint the regimental officers, raise the men and cloath,
arm and equip them in a soldier like manner, at the expence
of the united states; and the officers and men so cloathed,
armed and equipped shall march to the place appointed, and
within the time agreed on by the united states in congress
assembled: But if the united states in congress assembled
shall, on consideration of circumstances judge proper that
any state should not raise men, or should raise a smaller
number than its quota, and that any other state should raise
a greater number of men than the quota thereof, such extra
number shall be raised, officered, cloathed, armed and
equipped in the same manner as the quota of such state,
unless the legislature of such state shall judge that such
extra number cannot be safely spared out of the same, in
which case they shall raise, officer, cloath, arm and equip
as many of such extra number as they judge can be safely
spared. And the officers and men so cloathed, armed and
equipped, shall march to the place appointed, and within the
time agreed on by the united states in congress assembled.
756.15 The united states in congress assembled shall never
engage in a war, nor grant letters of marque and reprisal in
time of peace, nor enter into any treaties or alliances, nor
coin money, nor regulate the value thereof, nor ascertain
the sums and expences necessary for the defence and welfare
of the united states, or any of them, nor emit bills, nor
borrow money on the credit of the united states, nor
appropriate money, nor agree upon the number of vessels of
war, to be built or purchased, or the number of land or sea
forces to be raised, nor appoint a commander-in-chief of the
army or navy, unless nine states assent to the same; nor
shall a question on any other point, except for adjourning
from day to day be determined, unless by the votes of a
majority of the united states in congress assembled.
756.16 The Congress of the united states shall have power to
adjourn to any time within the year, and to any place within
the united states, so that no period of adjournment be for a
longer duration than the space of six Months, and shall
publish the Journal of their proceedings monthly, except
such parts thereof relating to treaties, alliances or
military operations as in their judgment require secrecy;
and the yeas and nays of the delegates of each state on any
question shall be entered on the Journal, when it is desired
by any delegate; and the delegates of a state, or any of
them, at his or their request shall be furnished with a
transcript of the said Journal, except such parts as are
above excepted, to lay before the legislatures of the
several states.
756.17 Article x. The committee of the states, or any nine of
them, shall be authorized to execute, in the recess of
congress such of the powers of congress as the united states
in congress assembled, by the consent of nine states, shall
from time to time think expedient to vest them with;
provided that no power be delegated to the said committee,
for the exercise of which, by the articles of confederation,
the voice of nine states in the congress of the united
states assembled is requisite.
756.18 Article xi. Canada acceding to this confederation, and
joining in the measures of the united states, shall be
admitted into, and entitled to all the advantages of this
union: but no other colony shall be admitted into the same,
unless such admission be agreed to by nine states.
756.19 Article xii. All bills of credit emitted, monies
borrowed and debts contracted by, or under the authority of
congress, before the assembling of the united states, in
pursuance of the present confederation, shall be deemed and
considered as a charge against the united states, for
payment and satisfaction whereof the said united states, and
the public faith are hereby solemnly pledged.
756.20 Article xiii. Every state shall abide by the
determinations of the united states in congress assembled,
on all questions which by this confederation are submitted
to them. And the Articles of this confederation shall be
inviolably observed by every state, and the union shall be
perpetual; nor shall any alteration at any time hereafter be
made in any of them; unless such alteration be agreed to in
a congress of the united states, and be afterward confirmed
by the legislatures of every state.
756.21 AND WHEREAS it has pleased the Great Governor of the
World to incline the hearts of the legislatures we
respectively represent in congress, to approve of, and to
authorize us to ratify the said articles of confederation
and perpetual union. KNOW YE that we the undersigned
delegates, by virtue of the power and authority to us given
for that purpose, do by these presents, in the name and in
behalf of our respective constituents, fully and entirely
ratify and confirm each and every of the said articles of
confederation and perpetual union, and all and singular the
matters and things therein contained: And we do further
solemnly plight and engage the faith of our respective
constituents, that they shall abide by the determinations of
the united states in congress assembled, on all questions,
which by the said confederation are submitted to them. And
that the articles thereof shall be inviolably observed by
the states we respectively represent and that the union
shall be perpetual.
756.22 IN WITNESS whereof we have hereunto set our hands in
Congress. DONE at Philadelphia in the state of Pennsylvania
the ninth Day of July in the Year of our Lord one Thousand
seven Hundred and Seventy-eight, and in the third year of
the independence of America.
On the part and behalf of the State of New Hampshire.
Josiah Bartlett,
John Wentworth, Junr.
August 8, 1778.
On the part and behalf of the State of Massachusetts Bay.
John Hancock,
Samuel Adams,
Elbridge Gerry,
Francis Dana,
James Lovell,
Samuel Holten.
On the part and in behalf of the State of Rhode Island and Providence
Plantations.
William Ellery,
Henry Marchant,
John Collins.
On the part and behalf of the State of Connecticut.
Roger Sherman,
Samuel Huntington,
Oliver Wolcott,
Titus Hosmer,
Andrew Adams.
On the part and behalf of the State of New York.
Jas Duane,
Fras Lewis,
William Duer,
Gouvr Morris.
On the part and in behalf of the State of New Jersey.
Jno Witherspoon,
Nathl Scudder, Nov. 26, 1778.
On the part and behalf of the State of Pennsylvania.
Robt. Morris,
Daniel Roberdeau,
Jona Bayard Smith,
William Clingan,
Joseph Reed, July 22, 1778.
On the part and behalf of the State of Delaware.
John Dickinson, May 5, 1779,
Nicholas Van Dyke,
Tho. M'Kean, Feb. 12, 1779.
On the part and behalf of the State of Maryland.
John Hanson, March 1, 1781,
Daniel Carrol Do
On the part and behalf of the State of Virginia.
Richard Henry Lee,
John Banister,
Thomas Adams,
Jno Harvie,
Francis Lightfoot Lee.
On the part and behalf of the State of North Carolina.
John Penn, July 21, 1778,
Corns. Harnett,
Jno Williams.
On the part and behalf of the State of South Carolina.
Henry Laurens,
William Henry Drayton,
Jno Mathews,
Richard Hutson,
Thos. Heyward, Junr.
On the part and behalf of the State of Georgia.
Jno Walton, 24th July 1778,
Edwd Telfair,
Edwd. Langworthy.
ordinance of 1787
ordinance of 1787
[757]
____________________________________________________________
ORDINANCE OF 1787
____________________________________________________________
AN ORDINANCE FOR THE GOVERNMENT OF THE TERRITORY OF THE
UNITED STATES NORTHWEST OF THE RIVER OHIO
[The Confederate Congress, July 13, 1787]
757.1 Section 1. Be it ordained by the United States in
Congress assembled, That the said Territory, for the purpose
of temporary government, by one district, subject, however,
to be divided into two districts, as future circumstances
may, in the opinion of Congress, make it expedient.
757.2 Sec. 2. Be it ordained by the authority aforesaid, That
the estates both of resident and non-resident proprietors in
the said territory, dying intestate, shall descend to, and
be distributed among, their children and the descendants of
a deceased child in equal parts, the descendants of a
deceased child or grandchild to take the share of their
deceased parent in equal parts among them; and where there
shall be no children or descendants, then in equal parts to
the next of kin, in equal degree; and among collaterals, the
children of a deceased brother or sister of the intestate
shall have, in equal parts among them, their deceased
parent's share; and there shall, in no case, be a
distinction between kindred of the whole and half blood;
saving in all cases to the widow of the intestate, her third
part of the real estate for life, and one-third part of the
personal estate; and this law relative to descents and
dower, shall remain in full force until altered by the
legislature of the district. And until the governor and
judges shall adopt laws as hereinafter mentioned, estates in
the said territory may be devised or bequeathed by wills in
writing, signed and sealed by him or her in whom the estate
may be, (being of full age,) and attested by three
witnesses; and real estates may be conveyed by lease and
release, or bargain and sale, signed, sealed, and delivered
by the person, being of full age, in whom the estate may be,
and attested by two witnesses, provided such wills be duly
proved, and such conveyances be acknowledged, or the
execution thereof duly proved, and be recorded within one
year after proper magistrates, courts, and registers, shall
be appointed for that purpose; and personal property may be
transferred by delivery, saving, however, to the French and
Canadian inhabitants, and other settlers of the Kaskaskies,
Saint Vincents, and the neighboring villages, who have
heretofore professed themselves citizens of Virginia, their
laws and customs now in force among them, relative to the
descent and conveyance of property.
757.3 Sec. 3. Be it ordained by the authority aforesaid, That
there shall be appointed, from time to time, by Congress, a
governor whose commission shall continue in force for the
term of three years, unless sooner revoked by Congress; he
shall reside in the district, and have a freehold estate
therein, in one thousand acres of land, while in the
exercise of his office.
757.4 Sec. 4. There shall be appointed from time to time, by
Congress, a secretary, whose commission shall continue in
force for four years, unless sooner revoked; he shall reside
in the district, and have a freehold estate therein, in five
hundred acres of land, while in the exercise of his office.
It shall be his duty to keep and preserve the acts and laws
passed by the legislature, and the public records of the
district, and the proceedings of the governor in his
executive department, and transmit authentic copies of such
acts and proceedings every six months to the Secretary of
Congress. There shall also be appointed a court, to consist
of three judges, any two of whom to form a court, who shall
have a common-law jurisdiction, and reside in the district,
and have each therein a freehold estate, in five hundred
acres of land, while in the exercise of their offices; and
their commissions shall continue in force during good
behavior.
757.5 Sec. 5. The governor and judges, or a majority of them,
shall adopt and publish in the district such laws of the
original States, criminal and civil, as may be necessary,
and best suited to the circumstances of the district, and
report them to Congress from time to time, which laws shall
be in force in the district until the organization of the
general assembly therein, unless disapproved of by Congress;
but afterwards the legislature shall have authority to alter
them as they shall think fit.
757.6 Sec. 6. The governor, for the time being, shall be
commander-in-chief of the militia, appoint and commission
all officers in the same below the rank of general officers;
all general officers shall be appointed, and commissioned by
Congress.
757.7 Sec. 7. Previous to the organization of the general
assembly the governor shall appoint such magistrates, and
other civil officers, in each county or township, as he
shall find necessary for the preservation of the peace and
good order in the same. After the general assembly shall be
organized the powers and duties of magistrates and other
civil officers shall be regulated and defined by the said
assembly; but all magistrates and other civil officers, not
herein otherwise directed, shall, during the continuance of
this temporary government, be appointed by the governor.
757.8 Sec. 8. For the prevention of crimes and injuries, the
laws to be adopted or made shall have force in all parts of
the district, and for the execution of process, criminal and
civil, the governor shall make proper divisions thereof, and
he shall proceed, from time to time, as circumstances may
require, to lay out the parts of the district in which the
Indian titles shall have been extinguished, into counties
and townships, subject, however, to such alterations as may
thereafter be made by the legislature.
757.9 Sec. 9. So soon as there shall be five thousand free
male inhabitants, of full age, in the district, upon giving
proof thereof to the governor, they shall receive authority,
with time and place, to elect representatives from their
counties or townships, to represent them in the general
assembly: Provided, That for every five hundred free male
inhabitants there shall be one representative, and so on,
progressively, with the number of free male inhabitants,
shall the right of representation increase, until the number
of representatives shall amount to twenty-five; after which
the number and proportion of representatives shall be
regulated by the legislature: Provided, That no person be
eligible or qualified to act as a representative, unless he
shall have been a citizen of one of the United States three
years, and be a resident in the district, or unless he shall
have resided in the district three years, and, in either
case, shall likewise hold in his own right, in fee-simple,
two hundred acres of land within the same: Provided also,
That a freehold in fifty acres of land in the district,
having been a citizen of one of the States, and being
resident in the district, or the like freehold and two
years' residence in the district, shall be necessary to
qualify a man as an elector of a representative.
757.10 Sec. 10. The representatives thus elected shall serve
for the term of two years; and in case of the death of a
representative, or removal from office, the governor shall
issue a writ to the county or township, for which he was a
member, to elect another in his stead, to serve for the
residue of the term.
757.11 Sec. 11. The general assembly, or legislature, shall
consist of the governor, legislative council, and a house of
representatives. The legislative council shall consist of
five members, to continue in office five years, unless
sooner removed by Congress; any three of whom to be a
quorum; and the members of the council shall be nominated
and appointed in the following manner, to wit: As soon as
representatives shall be elected the governor shall appoint
a time and place for them to meet together, and, when met
they shall nominate ten persons, resident in the district,
and each possessed of a freehold in five hundred acres of
land, and return their names to Congress, five of whom
Congress shall appoint and commission to serve as aforesaid;
and whenever a vacancy shall happen in the council, by death
or removal from office, the house of representatives shall
nominate two persons, qualified as aforesaid, for each
vacancy, and return their names to Congress, one of whom
Congress shall appoint and commission for the residue of the
term; and every five years, four months at least before the
expiration of the time of service of the members of the
council, the said house shall nominate ten persons,
qualified as aforesaid, and return their names to Congress,
five of whom Congress shall appoint and commission to serve
as members of the council five years, unless sooner removed.
And the governor, legislative council, and house of
representatives shall have authority to make laws in all
cases for the good government of the district, not repugnant
to the principles and articles in this ordinance established
and declared. And all bills, having passed by a majority in
the house, and by a majority in the council, shall be
referred to the governor for his assent; but no bill or
legislative act whatever, shall be of any force without his
assent. The governor shall have power to convene, prorogue,
and dissolve the general assembly, when, in his opinion, it
shall be expedient.
757.12 Sec. 12. The governor, judges, legislative council,
secretary, and such other officers as Congress shall appoint
in the district, shall take an oath or affirmation of
fidelity, and of office; the governor before the President
of Congress, and all other officers before the governor. As
soon as a legislature shall be formed in the district, the
council and house assembled, in one room, shall have
authority, by joint ballot, to elect a delegate to Congress,
who shall have a seat in Congress, with a right of debating,
but not of voting, during this temporary government.
757.13 Sec. 13. And for extending the fundamental principles of
civil and religious liberty, which form the basis whereon
these republics, their laws and constitutions, are erected;
to fix and establish those principles as the basis of all
laws, constitutions, and governments, which forever
hereafter shall be formed in the said territory; to provide,
also, for the establishment of States, and permanent
government therein, and for their admission to a share in
the Federal councils on an equal footing with the original
States, at as early periods as may be consistent with the
general interest:
757.14 Sec. 14. It is hereby ordained and declared, by the
authority aforesaid, That the following articles shall be
considered as articles of compact, between the original
States and the people and States in the said territory, and
forever remain unalterable, unless by common consent, to
wit:
757.15 Article I
No person, demeaning himself in a peaceable and orderly
manner, shall ever be molested on account of his mode of
worship, or religious sentiments, in the said territories.
757.16 Article II
The inhabitants of the said territory shall always be
entitled to the benefits of the writs of habeas corpus, and
of the trial by jury; of a proportionate representation of
the people in the legislature, and of judicial proceedings
according to the course of the common law. All persons shall
be bailable, unless for capital offences, where the proof
shall be evident, or the presumption great. All fines shall
be moderate; and no cruel or unusual punishments shall be
inflicted. No man shall be deprived of his liberty or
property, but by the judgment of his peers, or the law of
the land, and should the public exigencies make it
necessary, for the common preservation, to take any person's
property, or to demand his particular services, full
compensation shall be made for the same. And, in the just
preservation of rights and property, it is understood and
declared, that no law ought ever to be made or have force in
the said territory, that shall, in any manner whatever,
interfere with or affect private contracts, or engagements,
bona fide, and without fraud previously formed.
757.17 Article III
Religion, morality, and knowledge being necessary to
good government, and the happiness of mankind, schools and
the means of education shall forever be encouraged. The
utmost good faith shall always be observed towards the
Indians; their lands and property shall never be taken from
them without their consent; and in their property, rights,
and liberty they never shall be invaded or disturbed, unless
in just and lawful wars authorized by Congress; but laws
founded in justice and humanity shall, from time to time, be
made, for preventing wrongs being done to them, and for
preserving peace and friendship with them.
757.18 Article IV
The said territory, and the States which may be formed
therein, shall forever remain a part of this confederacy of
the United States of America, subject to the Articles of
Confederation, and to such alterations therein as shall be
constitutionally made; and to all the acts and ordinances of
the United States in Congress assembled, conformable
thereto. The inhabitants and settlers in the said territory
shall be subject to pay a part of the Federal debts,
contracted, or to be contracted, and a proportional part of
the expenses of government to be apportioned on them by
Congress, according to the same common rule and measure by
which apportionments thereof shall be made on the other
States; and the taxes for paying their proportion shall be
laid and levied by the authority and direction of the
legislatures of the district or districts, or new States, as
in the original States, within the time agreed upon by the
United States in Congress assembled. The legislatures of
those districts, or new States, shall never interfere with
the primary disposal of the soil by the United States in
Congress assembled, nor with any regulations Congress may
find necessary for securing the title in such soil to the
bona-fide purchasers. No tax shall be imposed on lands the
property of the United States; and in no case shall non-
resident proprietors be taxed higher than residents. The
navigable waters leading into the Mississippi and Saint
Lawrence, and the carrying places between the same, shall be
common highways, and forever free, as well to the
inhabitants of the said territory as to the citizens of the
United States, and those of any other States that may be
admitted into the confederacy, without any tax, impost, or
duty therefor.
[Sands v. Manistee River Imp. Co., 123 U.S. 288.]
757.19 Article V
There shall be formed in the said territory not less
than three nor more than five States; and the boundaries of
the States, as soon as Virginia shall alter her act of
cession and consent to the same, shall become fixed and
established as follows, to wit: The western State, in the
said territory, shall be bounded by the Mississippi, the
Ohio, and the Wabash Rivers; a direct line drawn from the
Wabash and Post Vincents, due north, to the territorial line
between the United States and Canada; and by the said
territorial line to the Lake of the Woods and Mississippi.
The middle State shall be bounded by the said direct line,
the Wabash from Post Vincents to the Ohio, by the Ohio, by a
direct line drawn due north from the mouth of the Great
Miami to the said territorial line, and by the said
territorial line. The eastern State shall be bounded by the
last-mentioned direct line, the Ohio, Pennsylvania, and the
said territorial line: Provided, however, And it is further
understood and declared, that the boundaries of these three
States shall be subject so far to be altered that, if
Congress shall hereafter find it expedient, they shall have
authority to form one or two States in that part of the said
territory which lies north of an east and west line drawn
through the southerly bend or extreme of Lake Michigan. And
whenever any of the said States shall have sixty thousand
free inhabitants therein, such State shall be admitted, by
its delegates, into the Congress of the United States, on an
equal footing with the original States, in all respects
whatever; and shall be at liberty to form a permanent
constitution and State government: Provided, The
constitution and government, so to be formed, shall be
republican, and in conformity to the principles contained in
these articles, and, so far as it can be consistent with the
general interests of the Confederacy, such admission shall
be allowed at an earlier period, and when there may be a
less number of free inhabitants in the State than sixty
thousand.
757.20 Article VI
There shall be neither slavery nor involuntary servitude
in the said territory, otherwise than in the punishment of
crimes, whereof the party shall have been duly convicted:
Provided always, That any person escaping in the same, from
whom labor or service is lawfully claimed in any one of the
original States, such fugitive may be lawfully reclaimed,
and conveyed to the person claiming his or her labor service
as aforesaid.
757.21 Be it ordained by the authority aforesaid, That the
resolutions of the 23d of April, 1784, relative to the
subject of this ordinance, be, and the same are hereby,
repealed, and declared null and void.
Done by the United States, in Congress assembled, the
13th day of July, in the year of our Lord 1787, and of their
sovereignty and independence the 12th.
Charles Thomson,
Sec'y.
constitution of the united states
[760]
____________________________________________________________
CONSTITUTION OF THE UNITED STATES OF AMERICA
____________________________________________________________
HISTORICAL BACKGROUND
In May, 1785, a committee of Congress made a report
recommending an alteration in the Articles of Confederation,
but no action was taken on it, and it was left to the State
Legislatures to proceed in the matter. In January, 1786, the
Legislature of Virginia passed a resolution providing for
the appointment of five commissioners, who, or any three of
them, should meet such commissioners as might be appointed
in the other States of the Union, at a time and place to be
agreed upon, to take into consideration the trade of the
United States; to consider how far a uniform system in their
commercial regulations may be necessary to their common
interest and their permanent harmony; and to report to the
several States such an act, relative to this great object,
as, when ratified by them, will enable the United States in
Congress effectually to provide for the same. The Virginia
commissioners, after some correspondence, fixed the first
Monday in September as the time, and the city of Annapolis
as the place for the meeting, but only four other States
were represented, viz: Delaware, New York, New Jersey, and
Pennsylvania; the commissioners appointed by Massachusetts,
New Hampshire, North Carolina, and Rhode Island failed to
attend. Under the circumstances of so partial a
representation, the commissioners present agreed upon a
report (drawn by Mr. Hamilton, of New York), expressing
their unanimous conviction that it might essentially tend to
advance the interests of the Union if the States by which
they were respectively delegated would concur, and use their
endeavors to procure the concurrence of the other States, in
the appointment of commissioners to meet at Philadelphia on
the second Monday of May following, to take into
consideration the situation of the United States; to devise
such further provisions as should appear to them necessary
to render the Constitution of the Federal Government
adequate to the exigencies of the Union; and to report such
an act for that purpose to the United States in Congress
assembled as, when agreed to by them and afterwards
confirmed by the Legislatures of every State, would
effectually provide for the same.
Congress, on the 21st of February, 1787, adopted a
resolution in favor of a convention, and the Legislatures of
those States which had not already done so (with the
exception of Rhode Island) promptly appointed delegates. On
the 25th of May, seven States having convened, George
Washington, of Virginia, was unanimously elected President,
and the consideration of the proposed constitution was
commenced. On the 17th of September, 1787, the Constitution
as engrossed and agreed upon was signed by all the members
present, except Mr. Gerry, of Massachusetts, and Messrs.
Mason and Randolph, of Virginia. The president of the
convention transmitted it to Congress, with a resolution
stating how the proposed Federal Government should be put in
operation, and an explanatory letter. Congress, on the 28th
of September, 1787, directed the Constitution so framed,
with the resolutions and letter concerning the same, to ``be
transmitted to the several Legislatures in order to be
submitted to a convention of delegates chosen in each State
by the people thereof, in conformity to the resolves of the
convention.''
On the 4th of March, 1789, the day which had been fixed
for commencing the operations of Government under the new
Constitution, it had been ratified by the conventions chosen
in each State to consider it, as follows: Delaware, December
7, 1787; Pennsylvania, December 12, 1787; New Jersey,
December 19, 1787; Georgia, January 2, 1788; Connecticut,
January 9, 1788; Massachusetts, February 6, 1788; Maryland,
April 28, 1788; South Carolina, May 23, 1788; New Hampshire,
June 21, 1788; Virginia, June 25, 1788; and New York, July
26, 1788.
The President informed Congress, on the 28th of January,
1790, that North Carolina had ratified the Constitution
November 21, 1789; and he informed Congress on the 1st of
June, 1790, that Rhode Island had ratified the Constitution
May 29, 1790. Vermont, in convention, ratified the
Constitution January 10, 1791, and was, by an act of
Congress approved February 18, 1791, ``received and admitted
into this Union as a new and entire member of the United
States.''
constitution of the united states
____________________________________________________________
CONSTITUTION OF THE UNITED STATES OF AMERICA
____________________________________________________________
760.1 We the People of the United States, in Order to form a more
perfect Union, establish Justice, insure domestic
Tranquility, provide for the common defence, promote the
general Welfare, and secure the Blessings of Liberty to
ourselves and our Posterity, do ordain and establish
this Constitution for the United States of America.
761 ARTICLE I
761.1 Section 1. All legislative Powers herein granted shall
be vested in a Congress of the United States, which shall
consist of a Senate and House of Representatives.
761.2 Section 2.\1\ The House of Representatives shall be
composed of Members chosen every second Year by the People
of the several States, and the Electors in each State shall
have the Qualifications requisite for Electors of the most
numerous Branch of the State Legislature.
761.3 \2\ No Person shall be a Representative who shall not
have attained to the Age of twenty five Years, and been
seven Years a Citizen of the United States, and who shall
not, when elected, be an Inhabitant of that State in which
he shall be chosen.
Note.--The small superior figures designate clauses, and
have no reference to footnotes.
761.4 \3\ *[Representatives and direct Taxes shall be
apportioned among the several States which may be included
within this Union, according to their respective Numbers,
which shall be determined by adding to the whole Number of
free Persons, including those bound to Service for a Term of
Years, and excluding Indians not taxed, three fifths of all
other Persons.] The actual Enumeration shall be made within
three Years after the first Meeting of the Congress of the
United States, and within every subsequent Term of ten
Years, in such Manner as they shall by Law direct. The
Number of Representatives shall not exceed one for every
thirty Thousand, but each State shall have at Least one
Representative; and until such enumeration shall be made,
the State of New Hampshire shall be entitled to chuse three,
Massachusetts eight, Rhode-Island and Providence Plantations
one, Connecticut five, New-York six, New Jersey four,
Pennsylvania eight, Delaware one, Maryland six, Virginia
ten, North Carolina five, South Carolina five, and Georgia
three.
*The part included in heavy brackets was repealed by
section 2 of amendment XIV, Senate Manual section 784.2.
As per act of November 15, 1941, the
apportionment, based on the
Sixteenth Census (1940), the
Seventeenth Census (1950), and the
Eighteenth Census (1960),
distributes the 435 seats in the
House among the States according to
the method of equal proportions.
(See Senate Manual section 974.)
761.5 \4\ When vacancies happen in the Representation from any
State, the Executive Authority thereof shall issue Writs of
Election to fill such Vacancies.
761.6 \5\ The House of Representatives shall chuse their
Speaker and other Officers; and shall have the sole Power of
Impeachment.
761.7 \1\ Section 3. *The Senate of the United States shall be
composed of two Senators from each State, [chosen by the
Legislature] thereof, for six Years; and each Senator shall
have one Vote.
*The part included in heavy brackets was changed by
clause 1 of amendment XVII, Senate Manual section 787.1.
761.8 \2\ Immediately after they shall be assembled in
Consequence of the first Election, they shall be divided as
equally as may be into three Classes. The Seats of the
Senators of the first Class shall be vacated at the
Expiration of the Second Year, of the second Class at the
Expiration of the fourth Year, and of the third Class at the
Expiration of the sixth Year; so that one-third may be
chosen every second Year; [and if Vacancies happen by
Resignation, or otherwise, during the Recess of the
Legislature of any State, the Executive thereof may make
temporary Appointments until the next Meeting of the
Legislature, which shall then fill such Vacancies].**
**The part included in heavy brackets was changed by
clause 2 of amendment XVII, Senate Manual section 787.2.
761.9 \3\ No Person shall be a Senator who shall not have
attained to the Age of thirty Years, and been nine Years a
Citizen of the United States, and who shall not, when
elected, be an Inhabitant of that State for which he shall
be chosen.
761.10 \4\ The Vice President of the United States shall be
President of the Senate, but shall have no Vote, unless they
be equally divided.
761.11 \5\ The Senate shall chuse their other Officers, and
also a President pro tempore, in the absence of the Vice
President, or when he shall exercise the Office of President
of the United States.
761.12 \6\ The Senate shall have the sole Power to try all
Impeachments. When sitting for that Purpose, they shall be
on Oath or Affirmation. When the President of the United
States is tried, the Chief Justice shall preside: And no
Person shall be convicted without the Concurrence of two-
thirds of the Members present.
761.13 \7\ Judgment in Cases of Impeachment shall not extend
further than to removal from Office, and disqualification to
hold and enjoy any Office of honor, Trust, or Profit under
the United States: but the Party convicted shall
nevertheless be liable and subject to Indictment, Trial,
Judgment, and Punishment, according to Law.
761.14 Section 4. \1\ The Time, Places and Manner of holding
Elections for Senators and Representatives, shall be
prescribed in each State by the Legislature thereof; but the
Congress may at any time by Law make or alter such
Regulations, except as to the Places of chusing Senators.
761.15 \2\ The Congress shall assemble at least once in every
Year, and such Meeting shall [be on the first Monday in
December,] unless they shall by Law appoint a different
Day.*
*The part included in heavy brackets was changed by
Section 2 of amendment XX, Senate Manual section 790.2.
761.16 Section 5. \1\ Each House shall be the Judge of the
Elections, Returns, and Qualifications of its own Members,
and a Majority of each shall constitute a Quorum to do
Business; but a smaller Number may adjourn from day to day,
and may be authorized to compel the Attendance of absent
Members, in such Manner, and under such Penalties as each
House may provide.
761.17 \2\ Each House may determine the Rules of its
Proceedings, punish its Members for disorderly Behavior,
and, with the Concurrence of two thirds, expel a Member.
761.18 \3\ Each House shall keep a Journal of its Proceedings,
and from time to time publish the same, excepting such Parts
as may in their Judgment require Secrecy; and the Yeas and
Nays of the Members of either House on any question shall,
at the Desire of one fifth of those Present be entered on
the Journal.
761.19 \4\ Neither House, during the Session of Congress,
shall, without the Consent of the other, adjourn for more
than three days, nor to any other Place than that in which
the two Houses shall be sitting.
761.20 Section 6. \1\ The Senators and Representatives shall
receive a Compensation for their Services, to be ascertained
by Law, and paid out of the Treasury of the United States.
They shall in all Cases, except Treason, Felony and Breach
of the Peace, be privileged from Arrest during their
Attendance at the Session of their respective Houses, and in
going to and returning from the same; and for any Speech or
Debate in either House, they shall not be questioned in any
other Place.
761.21 \2\ No Senator or Representative shall, during the Time
for which he was elected, be appointed to any civil Office
under the Authority of the United States, which shall have
been created, or the Emoluments whereof shall have been
encreased during such time; and no Person holding any Office
under the United States, shall be a Member of either House
during his Continuance in Office.
761.22 Section 7. \1\ All Bills for raising Revenue shall
originate in the House of Representatives; but the Senate
may propose or concur with Amendments as on other Bills.
761.23 \2\ Every Bill which shall have passed the House of
Representatives and the Senate, shall, before it become a
Law, be presented to the President of the United States; if
he approve he shall sign it, but if not he shall return it,
with his Objections to that House in which it shall have
originated, who shall enter the Objections at large on their
Journal, and proceed to reconsider it. If after such
Reconsideration two thirds of that House shall agree to pass
the Bill, it shall be sent, together with the Objections, to
the other House, by which it shall likewise be reconsidered,
and if approved by two thirds of that House, it shall become
a Law. But in all such Cases the Votes of both Houses shall
be determined by yeas and Nays, and the Names of the Persons
voting for and against the Bill shall be entered on the
Journal of each House respectively. If any Bill shall not be
returned by the President within ten Days (Sundays excepted)
after it shall have been presented to him, the Same shall be
a Law, in like Manner as if he had signed it, unless the
Congress by their Adjournment prevent its Return, in which
Case it shall not be a Law.
761.24 \3\ Every Order, Resolution, or Vote to which the
Concurrence of the Senate and House of Representatives may
be necessary (except on a question of Adjournment) shall be
presented to the President of the United States; and before
the Same shall take Effect, shall be approved by him, or
being disapproved by him, shall be repassed by two thirds of
the Senate and House of Representatives, according to the
Rules and Limitations prescribed in the Case of a Bill.
761.25 Section 8. \1\ The Congress shall have Power To lay and
collect Taxes, Duties, Imposts and Excises, to pay the Debts
and provide for the common Defense and general Welfare of
the United States; but all Duties, Imposts and Excises shall
be uniform throughout the United States;
761.26 \2\ To borrow money on the credit of the United States;
761.27 \3\ To regulate Commerce with foreign Nations, and among
the several States, and with the Indian Tribes;
761.28 \4\ To establish an uniform Rule of Naturalization, and
uniform Laws on the subject of Bankruptcies throughout the
United States;
761.29 \5\ To coin Money, regulate the Value thereof, and of
foreign Coin, and fix the Standard of Weights and Measures;
761.30 \6\ To provide for the Punishment of counterfeiting the
Securities and current Coin of the United States;
761.31 \7\ To establish Post Offices and post Roads;
761.32 \8\ To promote the Progress of Science and useful Arts,
by securing for limited Times to Authors and
Inventors the exclusive Right to their respective Writings
and Discoveries;
761.33 \9\ To constitute Tribunals inferior to the supreme
Court;
761.34 \10\ To define and punish Piracies and Felonies
committed on the high Seas, and Offenses against the Law of
Nations;
761.35 \11\ To declare War, grant Letters of Marque and
Reprisal and make Rules concerning Captures on Land and
Water;
761.36 \12\ To raise and support Armies, but no Appropriation
of Money to that Use shall be for a longer Term than two
Years;
761.37 \13\ To provide and maintain a Navy;
761.38 \14\ To make Rules for the Government and Regulation of
the land and naval Forces;
761.39 \15\ To provide for calling forth the Militia to
execute the Laws of the Union, suppress Insurrections and
repel Invasions;
761.40 \16\ To provide for organizing, arming, and disciplining
the Militia, and for governing such Part of them as may be
employed in the Service of the United States, reserving to
the States respectively, the Appointment of the Officers,
and the Authority of training the Militia according to the
discipline prescribed by Congress;
761.41 \17\ To exercise exclusive Legislation in all Cases
whatsoever, over such District (not exceeding ten Miles
square) as may, by Cession of particular States, and the
acceptance of Congress, become the Seat of the Government of
the United States, and to exercise like Authority over all
Places purchased by the Consent of the Legislature of the
State in which the Same shall be, for the Erection of Forts,
Magazines, Arsenals, dock-Yards, and other needful
Buildings;--And
761.42 \18\ To make all Laws which shall be necessary and
proper for carrying into Execution the foregoing Powers, and
all other Powers vested by this Constitution in the
Government of the United States, or in any Department or
Officer thereof.
761.43 Section 9. \1\ The Migration or Importation of Such
Persons as any of the States now existing shall think proper
to admit, shall not be prohibited by the Congress prior to
the Year one thousand eight hundred and eight, but a tax or
duty may be imposed on such Importation, not exceeding ten
dollars for each Person.
761.44 \2\ The privilege of the Writ of Habeas Corpus shall not
be suspended, unless when in Cases of Rebellion or Invasion
the public Safety may require it.
761.45 \3\ No Bill of Attainder or ex post facto Law shall be
passed.
761.46 *\4\ No capitation, or other direct, Tax shall be laid,
unless in Proportion to the Census or Enumeration herein
before directed to be taken.
*See also amendment XVI, Senate Manual section 786.
761.47 \5\ No Tax or Duty shall be laid on Articles exported
from any State.
761.48 \6\ No preference shall be given by any Regulation of
Commerce or Revenue to the Ports of one State over those of
another: nor shall Vessels bound to, or from, one State be
obliged to enter, clear, or pay Duties in another.
761.49 \7\ No money shall be drawn from the Treasury, but in
Consequence of Appropriations made by Law; and a regular
Statement and Account of the Receipts and Expenditures of
all public Money shall be published from time to time.
761.50 \8\ No Title of Nobility shall be granted by the United
States: And no Person holding any Office of Profit or Trust
under them, shall, without the Consent of the Congress,
accept of any present, Emolument, Office, or Title, of any
kind whatever, from any King, Prince, or foreign State.
761.51 Section 10.\1\ No State shall enter into any Treaty,
Alliance, or Confederation; grant Letters of Marque and
Reprisal; coin Money; emit Bills of Credit; make any Thing
but gold and silver Coin a Tender in Payment of Debts; pass
any Bill of Attainder, ex post facto Law, or Law impairing
the Obligation of Contracts, or grant any Title of Nobility.
761.52 \2\ No State shall, without the Consent of the Congress,
lay any Imposts or Duties on Imports or Exports, except what
may be absolutely necessary for executing its inspection
Laws: and the net Produce of all Duties and Imposts, laid by
any State on Imports or Exports, shall be for the Use of the
Treasury of the United States; and all such Laws shall be
subject to the Revision and Control of the Congress.
761.53 \3\ No State shall, without the Consent of Congress, lay
any duty of Tonnage, keep Troops, or Ships of War in time of
Peace, enter into any Agreement or Compact with another
State, or with a foreign Power, or engage in War, unless
actually invaded, or in such imminent Danger as will not
admit of delay.
ARTICLE II
762.1 Section 1. \1\ The executive Power shall be vested in a
President of the United States of America. He shall hold his
Office during the Term of four years, and, together
with the Vice-President, chosen for the same Term, be
elected, as follows:
See also amendment XXII, Senate Manual section
792.
762.2 \2\ Each State shall appoint, in such Manner as the
Legislature thereof may direct, a Number of Electors, equal
to the whole Number of Senators and Representatives to which
the State may be entitled in the Congress: but no Senator or
Representative, or Person holding an Office of Trust or
Profit under the United States, shall be appointed an
Elector.
762.3 *[The Electors shall meet in their respective States,
and vote by Ballot for two persons, of whom one at least
shall not be an Inhabitant of the same State with
themselves. And they shall make a List of all the Persons
voted for, and of the Number of Votes for each; which List
they shall sign and certify, and transmit sealed to the Seat
of the Government of the United States, directed to the
President of the Senate. The President of the Senate shall,
in the Presence of the Senate and House of Representatives,
open all the Certificates, and the Votes shall then be
counted. The Person having the greatest Number of Votes
shall be the President, if such Number be a Majority of the
whole Number of Electors appointed; and if there be more
than one who have such Majority, and have an equal Number of
Votes, then the House of Representatives shall immediately
chuse by Ballot one of them for President; and if no Person
have a Majority, then from the five highest on the List the
said House shall in like Manner chuse the President. But in
chusing the President, the Votes shall be taken by States,
the Representation from each State having one Vote; A quorum
for this Purpose shall consist of a Member or Members from
two-thirds of the States, and a Majority of all the States
shall be necessary to a Choice. In every Case, after the
Choice of the President, the Person having the greatest
Number of Votes of the Electors shall be the Vice-President.
But if there should remain two or more who have equal Votes,
the Senate shall chuse from them by Ballot the Vice-
President.]
*This paragraph has been superseded by amendment XII,
Senate Manual section 782.
762.4 \3\ The Congress may determine the Time of chusing the
Electors, and the Day on which they shall give their Votes;
which Day shall be the same throughout the United States.
762.5 \4\ No person except a natural born Citizen, or a
Citizen of the United States, at the time of the Adoption of
this Constitution, shall be eligible to the Office of
President; neither shall any Person be eligible to that
Office who shall not have attained to the Age of thirty-five
Years, and been fourteen Years a Resident within the United
States.
762.6 \5\ In case of the Removal of the President from Office,
or of his Death, resignation, or Inability to discharge the
Powers and Duties of the said Office, the same shall
devolve on the Vice President, and the Congress may by Law
provide for the Case of Removal, Death, Resignation or
Inability, both of the President and Vice President,
declaring what Officer shall then act as President, and such
Officer shall act accordingly, until the Disability be
removed, or a President shall be elected.
See also amendment XXV, Senate Manual section
795.
762.7 \6\ The President shall, at stated Times, receive for
his Services, a Compensation, which shall neither be
encreased nor diminished during the Period for which he
shall have been elected, and he shall not receive within
that Period any other Emolument from the United States, or
any of them.
762.8 \7\ Before he enter on the Execution of his Office, he
shall take the following Oath or Affirmation:--``I do
solemly swear (or affirm) that I will faithfully execute the
Office of President of the United States, and will to the
best of my Ability, preserve, protect and defend the
Constitution of the United States.''
762.9 Section 2. \1\ The President shall be Commander in Chief
of the Army and Navy of the United States, and of the
Militia of the several States, when called into the actual
Service of the United States; he may require the Opinion, in
writing, of the principal Officer in each of the executive
Departments, upon any subject relating to the Duties of
their respective Offices, and he shall have Power to grant
Reprieves and Pardons for Offenses against the United
States, except in Cases of Impeachment.
762.10 \2\ He shall have Power, by and with the Advice and
Consent of the Senate, to make Treaties, provided two-thirds
of the Senators present concur; and he shall nominate, and
by and with the Advice and Consent of the Senate, shall
appoint Ambassadors, other public Ministers and Consuls,
Judges of the supreme Court, and all other Officers of the
United States, whose Appointments are not herein otherwise
provided for, and which shall be established by law; but the
Congress may by Law vest the Appointment of such inferior
Officers, as they think proper, in the President alone, in
the Courts of Law, or in the Heads of Departments.
762.11 \3\ The President shall have Power to fill up all
Vacancies that may happen during the Recess of the Senate,
by granting Commissions which shall expire at the End of
their next Session.
762.12 Section 3. He shall from time to time give to the
Congress Information of the State of the Union, and
recommend to their Consideration such Measures as he shall
judge necessary and expedient; he may, on extraordinary
Occasions, convene both Houses, or either of them, and in
Case of Disagreement between them, with Respect to the Time
of Adjournment, he may adjourn them to such Time as he shall
think proper; he shall receive Ambassadors and other public
Ministers; he shall take Care that the Laws be faithfully
executed, and shall Commission all the Officers of the
United States.
762.13 Section 4. The President, Vice President and all civil
Officers of the United States, shall be removed from Office
on Impeachment for, and Conviction of, Treason, Bribery, or
other high Crimes and Misdemeanors.
763 ARTICLE III
763.1 Section 1. The judicial Power of the United States,
shall be vested in one supreme Court, and in such inferior
Courts as the Congress may from time to time ordain and
establish. The Judges, both of the supreme and inferior
Courts, shall hold their offices during good Behaviour, and
shall, at stated Times, receive for their Services a
Compensation which shall not be diminished during their
Continuance in Office.
763.2 Section 2. \1\ The judicial Power shall extend to all
Cases, in Law and Equity, arising under this Constitution,
the Laws of the United States, and Treaties made, or which
shall be made, under their Authority;--to all Cases
affecting Ambassadors, other public Ministers and Consuls;--
to all Cases of admiralty and maritime Jurisdiction;--to
Controversies to which the United States shall be a Party;--
to Controversies between two or more States;--between a
State and Citizens of another State;--between Citizens of
different States;--between Citizens of the same State
claiming Lands under Grants of different States, and between
a State, or the Citizens thereof, and foreign States,
Citizens or Subjects.
763.3 \2\ In all Cases affecting Ambassadors, other public
Ministers and Consuls, and those in which a State shall be
Party, the supreme Court shall have original Jurisdiction.
In all the other Cases before mentioned, the supreme Court
shall have appellate Jurisdiction, both as to Law and Fact,
with such Exceptions, and under such Regulations as the
Congress shall make.
763.4 \3\ The trial of all Crimes, except in Cases of
Impeachment, shall be by Jury; and such Trial shall be held
in the State where the said Crimes shall have been
committed; but when not committed within any State, the
Trial shall be at such Place or Places as the Congress may
by Law have directed.
763.5 Section 3. \1\ Treason against the United States, shall
consist only in levying War against them, or in adhering to
their Enemies, giving them Aid and Comfort. No Person shall
be convicted of Treason unless on the Testimony of two
Witnesses to the same overt Act, or on Confession in open
Court.
763.6 \2\ The Congress shall have power to declare the
Punishment of Treason, but no Attainder of Treason shall
work Corruption of Blood, or Forfeiture except during the
Life of the Person attainted.
764 ARTICLE IV
764.1 Section 1. Full Faith and Credit shall be given in each
State to the public Acts, Records, and judicial Proceedings
of every other State. And the Congress may by general Laws
prescribe the Manner in which such Acts, Records and
Proceedings shall be proved, and the Effect thereof.
764.2 Section 2. \1\ The Citizens of each State shall be
entitled to all Privileges and Immunities of Citizens in the
several States.
764.3 \2\ A Person charged in any State with Treason, Felony,
or other Crime, who shall flee from Justice, and be found in
another State, shall on demand of the executive Authority of
the State from which he fled, be delivered up, to be removed
to the State having Jurisdiction of the Crime.
764.4 \3\ [No Person held to Service or Labour in one State,
under the Laws thereof, escaping into another, shall, in
Consequence of any Law or Regulation therein, be discharged
from such Service or Labour, but shall be delivered up on
Claim of the Party to whom such Service or Labour may be
due.]*
*This paragraph has been superseded by amendment XIII,
Senate Manual section 783.
764.5 Section 3. \1\ New States may be admitted by the
Congress into this Union; but no new State shall be formed
or erected within the Jurisdiction of any other State; nor
any State be formed by the Junction of two or more States,
or parts of States, without the Consent of the Legislatures
of the States concerned as well as of the Congress.
764.6 \2\ The Congress shall have Power to dispose of and make
all needful Rules and Regulations respecting the Territory
of other Property belonging to the United States; and
nothing in this Constitution shall be so construed as to
Prejudice any Claims of the United States, or of any
particular State.
764.7 Section 4. The United States shall guarantee to every
State in this Union a Republican Form of Government, and
shall protect each of them against Invasion; and on
Application of the Legislature, or of the Executive (when
the Legislature cannot be convened) against domestic
Violence.
ARTICLE V
765 The Congress, whenever two-thirds of both Houses shall
deem it necessary, shall propose Amendments to this
Constitution, or, on the Application of the Legislatures of
two-thirds of the several States, shall call a Convention
for proposing Amendments, which, in either Case, shall be
valid to all Intents and Purposes, as part of this
Constitution, when ratified by the Legislatures of three-
fourths of the several States, or by Conventions in three-
fourths thereof, as the one or the other Mode of
Ratification may be proposed by the Congress; Provided that
no Amendment which may be made prior to the Year One
thousand eight hundred and eight shall in any Manner affect
the first and fourth Clauses in the Ninth Section of the
first Article, and that no State without its Consent, shall
be deprived of its equal Suffrage in the Senate.
766 ARTICLE VI
766.1 \1\ All Debts contracted and Engagements entered into,
before the Adoption of this Constitution shall be as valid
against the United States under this Constitution, as under
the Confederation.
766.2 \2\ This Constitution, and the Laws of the United States
which shall be made in Pursuance thereof, and all Treaties
made, or which shall be made, under Authority of the United
States, shall be the supreme Law of the Land, and the Judges
in every State shall be bound thereby, any Thing in the
Constitution or Laws of any State to the Contrary
notwithstanding.
766.3 \3\ The Senators and Representatives before mentioned,
and the Members of the several State Legislatures, and all
executive and judicial Officers, both of the United States
and of the several States, shall be bound by Oath or
Affirmation, to support this constitution; but no religious
Test shall ever be required as a Qualification to any Office
or public Trust under the United States.
767 ARTICLE VII
The Ratification of the Conventions of nine States shall
be sufficient for the Establishment of this Constitution
between the States so ratifying the Same.
768 Done in Convention by the Unanimous Consent of the States
present the Seventeenth Day of September in the Year of
our Lord one thousand seven hundred and Eighty seven and
of the Independence of the United States of America the
Twelfth. In witness whereof We have here unto subscribed
our Names,
G o WASHINGTON--
Presidt. and deputy from Virginia.
New Hampshire
John Langdon,
Nicholas Gilman.
Massachusetts
Nathaniel Gorham,
Rufus King.
Connecticut
Wm. Saml. Johnson,
Roger Sherman.
New York
Alexander Hamiltion.
New Jersey
Wil: Livingston,
David Brearley,
Wm. Paterson,
Jona. Dayton.
Pennsylvania
B. Franklin,
Robt. Morris,
Tho: Fitzsimons,
James Wilson,
Thomas Mifflin,
Geo: Clymer,
Jared Ingersoll,
Gouv: Morris.
Delaware
Geo: Read,
John Dickinson,
Jaco: Broom,
Gunning Bedford, Jun'r,
Richard Bassett.
Maryland
James M'Henry,
Danl Carroll,
Dan: of St. Thos. Jenifer.
Virginia
John Blair,
James Madison, Jr.
North Carolina
Wm. Blount,
Hu. Williamson,
Rich'd Dobbs Spaight.
South Carolina
J. Rutledge,
Charles Pinckney,
Charles Cotesworth
Pinckney,
Pierce Butler.
Georgia
William Few,
Attest:
Abr. Baldwin.
William Jackson, Secretary.
769 RATIFICATION OF THE CONSTITUTION
The Constitution was adopted by a convention of the
States September 17, 1787, and was subsequently ratified by
the several States, in the following order, viz:
Delaware, December 7, 1787, yeas, 30 (unanimous).
Pennsylvania, December 12, 1787, yeas, 46; nays, 23.
New Jersey, December 18, 1787, yeas, 38 (unanimous).
Georgia, January 2, 1788, yeas, 26 (unanimous).
Connecticut, January 9, 1788, yeas, 128; nays, 40.
Massachusetts, February 6, 1788, yeas, 187; nays, 168.
Maryland, April 28, 1788, yeas, 63; nays, 11.
South Carolina, May 23, 1788, yeas, 149; nays, 73.
New Hampshire, June 21, 1788, yeas, 57; nays, 46.
Virginia, June 25, 1788, yeas, 89; nays, 79.
New York, July 26, 1788, yeas, 30; nays, 27.
North Carolina, November 21, 1789, yeas, 184; nays, 77.
Rhode Island, May 29, 1790, yeas, 34; nays, 32.
____________________________________________________________
constitution of the united states
[770]
____________________________________________________________
articles in addition to, and amendment of, the constitution
of the united states of america, proposed by congress,
and ratified by the legislatures of the several states,
pursuant to the fifth article of the original
constitution\1\
\1\In Dillon v. Gloss, 256 U.S. 368[1921], the Supreme
Court stated that it would take judicial notice of the date
on which a State ratified a proposed constitutional
amendment. Accordingly the Court consulted the State
journals to determine the dates on which each house of the
legislature of certain States ratified the Eighteenth
amendment. It, therefore, follows that the date on which the
governor approved the ratification, or the date on which the
secretary of state of a given State certified the
ratification, or the date on which the Secretary of State of
the United States received a copy of said certificate, or
the date on which he proclaimed that the amendment had been
ratified are not controlling. Hence, the ratification date
given on the following pages is the date on which the
legislature of a given State approved the particular
amendment (signature by the speaker or presiding officers of
both houses being considered a part of the ratification of
the ``legislature''). When that date is not available, the
date given is that on which it was approved by the governor
or certified by the secretary of state of the particular
State. In each case such fact has been noted. Information as
to ratification is based on data supplied by the Department
of State and the General Services Administration.
____________________________________________________________
771 AMENDMENT [I] \2\
Congress shall make no law respecting an establishment
of religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or the
right of the people peaceably to assemble, and to petition
the Government for a redress of grievances.
\2\Brackets enclosing an amendment number indicate that
the number was not specifically assigned in the resolution
proposing the amendment. It will be seen, accordingly, that
only amendments XIII, XIV, XV, and XVI were thus technically
ratified by number.
772 AMENDMENT [II]
A well regulated Militia, being necessary to the
security of a free State, the right of the people to keep
and bear Arms, shall not be infringed.
773 AMENDMENT [III]
No Soldier shall, in time of peace be quartered in any
house, without the consent of the Owner, nor in time of war,
but in a manner to be prescribed by law.
774 AMENDMENT [IV]
The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches
and seizures, shall not be violated, and no Warrants shall
issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be
searched, and the persons or things to be seized.
775 AMENDMENT [V]
No person shall be held to answer for a capital, or
other wise infamous crime, unless on a presentment or
indictment of a Grand Jury, except in cases arising in the
land or naval forces, or in the Militia, when in actual
service in time of War or public danger; nor shall any
person be subject for the same offenses to be twice put in
jeopardy of life or limb; nor shall be compelled in any
criminal case to be a witness against himself, nor be
deprived of life, liberty, or property, without due process
of law; nor shall private property be taken for public use,
without just compensation.
776 AMENDMENT [VI]
In all criminal prosecutions, the accused shall enjoy
the right to a speedy and public trial, by an impartial jury
of the State and district wherein the crime shall have been
committed, which district shall have been previously
ascertained by law, and to be informed of the nature and
cause of the accusation; to be confronted with the witnesses
against him; to have compulsory process for obtaining
witnesses in his favor, and to have the Assistance of
Counsel for his defence.
777 AMENDMENT [VII]
In suits at common law, where the value in controversy
shall exceed twenty dollars, the right of trial by jury
shall be preserved, and no fact tried by a jury, shall be
otherwise reexamined in any Court of the United States, than
according to the rules of the common law.
778 AMENDMENT [VIII]
Excessive bail shall not be required, nor excessive
fines imposed, nor cruel and unusual punishments inflicted.
779 AMENDMENT [IX]
The enumeration in the Constitution, of certain rights,
shall not be construed to deny or disparage others retained
by the people.
780 AMENDMENT [X]
The powers not delegated to the United States by the
Constitution, nor prohibited by it to the States, are
reserved to the States respectively, or to the people.
The first 10 amendments\3\ to the Constitution (i.e.
nos. 3 to 12 of those proposed) were ratified by the several
State legislatures on the following dates: New Jersey,
November 20, 1789; Maryland, December 19, 1789; North
Carolina, December 22, 1789; South Carolina, January 19,
1790; New Hampshire, January 25, 1790; Delaware, January 28,
1790; New York, February 27, 1790; Pennsylvania, March 10,
1790; Rhode Island, June 7, 1790; Vermont, November 3, 1791;
Virginia, December 15, 1791; Massachusetts, March 2, 1939;
Georgia, March 18, 1939; Connecticut, April 19, 1939.
\3\The first 10 amendments, along with 2 others, were
proposed by Congress on September 25, 1789, when they passed
the Senate [1 Ann. Cong. (1st Cong., 1st sess.) 90], having
previously passed the House on September 24 [Id., 948]. They
appear officially in 1 Stat. 97. Ratification was completed
on December 15, 1791, when the eleventh State (Virginia)
approved these amendments, there being then 14 States in the
Union. On March 1, 1792, Thomas Jefferson, Secretary of
State, addressed letters to the Governors of the several
States, advising them of the said ratifications (National
Archives, Department of State, American Letters, IV, 355).
Proposal no. 1 prescribed the ratio of representation to
population in the House and was ratified by 10 states (1
short of the requisite number). Proposal no. 2 later
achieved ratification and became Amendment XXVII, Senate
Manual Section 797.
*By Council of Revision. State legislature approved Feb.
24, 1790.
781 AMENDMENT [XI]
The Judicial power of the United States shall not be
construed to extend to any suit in law or equity, commenced
or prosecuted against one of the United States by Citizens
of another State, or by Citizens or Subjects of any Foreign
State.
The eleventh amendment\4\ was ratified by the several
State legislatures on the following dates: New York, March
27, 1794; Rhode Island, March 31, 1794; Connecticut, May 8,
1794; New Hampshire, June 16, 1794; Massachusetts, June 26,
1794; Vermont, between October 9 and November 9, 1794;
Virginia, November 18, 1794; Georgia, November 29, 1794;
Kentucky, December 7, 1794; Maryland, December 26, 1794;
Delaware, January 23, 1795; North Carolina, February 7,
1795; South Carolina, December 4, 1797 [State Department,
Press Releases, vol. XII, p. 247 (1935)].
\4\The eleventh amendment was proposed by Congress on
March 4, 1794, when it passed the House [4 Ann. Cong. (3d
Cong., 1st sess.) 477, 478], having previously passed the
Senate on January 14 [Id., 30, 31]. It appears officially in
1 Stat. 402. Ratification was completed on February 7, 1795,
when the twelfth State (North Carolina) approved the
amendment, there being then 15 States in the Union. Official
announcement of ratification was not made until January 8,
1798, when President John Adams in a message to Congress
stated that the eleventh amendment had been adopted by
three-fourths of the States and that it ``may now be deemed
to be part of the Constitution'' [1 Mess. and Papers of
Pres. 250]. In the interim South Carolina had ratified, and
Tennessee had been admitted into the Union as the sixteenth
State.
782 AMENDMENT [XII]
The electors shall meet in their respective states, and
vote by ballot for President and Vice-President, one of
whom, at least, shall not be an inhabitant of the same state
with themselves; they shall name in their ballots the person
voted for, as President, and in distinct ballots the person
voted for as Vice-President, and they shall make distinct
lists of all persons voted for as President, and of all
persons voted for as Vice-President, and of the number of
votes for each, which lists they shall sign and certify, and
transmit sealed to the seat of the government of the United
States, directed to the President of the Senate;--The
President of the Senate shall, in the presence of the Senate
and House of Representatives, open all the certificates and
the votes shall then be counted;--The person having the
greatest number of votes for President, shall be the
President, if such number be a majority of the whole number
of Electors appointed; and if no person have such majority,
then from the persons having the highest numbers not
exceeding three on the list of those voted for as President,
the House of Representatives shall choose immediately, by
ballot, the President. But in choosing the President, the
votes shall be taken by states the representation from each
state having one vote; a quorum for this purpose shall
consist of a member or members from two-thirds of the
states, and a majority of all the states shall be necessary
to a choice.\5\ [And if the House of Representatives shall
not choose a President whenever the right of choice shall
devolve upon them, before the fourth day of March next
following, then the Vice-President shall act as President,
as in the case of the death or other constitutional
disability of the President.]--The person having the
greatest number of votes as Vice-President, shall be the
Vice-President, if such number be a majority of the whole
number of Electors appointed, and if no person have a
majority, then from the two highest numbers on the list, the
Senate shall choose the Vice-President; a quorum for the
purpose shall consist of two-thirds of the whole number of
Senators, and a majority of the whole number shall be
necessary to a choice. But no person constitutionally
ineligible to the office of President shall be eligible to
that of Vice-President of the United States.
\5\The part included in heavy brackets has been
superseded by section 3 of amendment XX, Senate Manual
section 790.3.
The twelfth amendment\6\ was ratified by the several
State legislatures on the following dates: North Carolina,
December 22, 1803; Maryland, December 24, 1803; Kentucky,
December 27, 1803; Ohio, between December 5 and December 30,
1803; Pennsylvania, January 5, 1804; Vermont, January 30,
1804; Virginia, between December 20, 1803 and February 3,
1804; New York, February 10, 1804; New Jersey, February 22,
1804; Rhode Island, between February 27 and March 12, 1804;
South Carolina, May 15, 1804; Georgia, May 19, 1804; New
Hampshire, June 15, 1804; Tennessee, July 27, 1804. The
amendment was rejected by Delaware on January 18, 1804; and
by Connecticut at its session begun May 10, 1804;
Massachusetts ratified this amendment in 1961 (after having
rejected it on February 3, 1804).
\6\The twelfth amendment was proposed by Congress on
December 9, 1803, when it passed the House [13 Ann. Cong.
(8th Cong., 1st sess.) 775, 776], having previously passed
the Senate on December 2 [Id., 209]. It was not signed by
the presiding officers of the House and Senate until
December 12. It appears officially in 2 Stat. 306.
Ratification was probably completed on June 15, 1804, when
the legislature of the thirteenth State (New Hampshire)
approved the amendment, there being then 17 States in the
Union. The Governor of New Hampshire, however, vetoed this
act of the legislature on June 20, and the act failed to
pass again by two-thirds vote then required by the State
constitution. Inasmuch as article V of the Federal
Constitution specifies that amendments shall become
effective ``when ratified by the legislatures of three-
fourths of the several States or by conventions in three-
fourths thereof,'' it has been generally believed that an
approval or veto by a Governor is without significance. If
the ratification by New Hampshire be deemed ineffective,
then the amendment became operative by Tennessee's
ratification on July 27, 1804. On September 25, 1804, in a
circular letter to the Governors of the several States,
Secretary of State Madison declared the amendment ratified
by three-fourths of the States.
783 AMENDMENT XIII
783.1 Section 1. Neither slavery nor involuntary servitude,
except as a punishment for crime whereof the party shall
have been duly convicted, shall exist within the United
States, or any place subject to their jurisdiction.
783.2 Section 2. Congress shall have power to enforce this
article by appropriate legislation.
The thirteenth amendment\7\ was ratified by the several
State legislatures on the following dates: Illinois,
February 1, 1865; Rhode Island, February 2, 1865; Michigan,
February 2, 1865; Maryland, February 3, 1865; New York,
February 3, 1865; West Virginia, February 3, 1865; Missouri,
February 6, 1865; Maine, February 7, 1865; Kansas, February
7, 1865; Massachusetts, February 7, 1865; Pennsylvania,
February 8, 1865; Virginia, February 9, 1865; Ohio, February
10, 1865; Louisiana, February 15 or 16, 1865; Indiana,
February 16, 1865; Nevada, February 16, 1865; Minnesota,
February 23, 1865; Wisconsin, February 24, 1865; Vermont,
March 9, 1865 (date on which it was ``approved'' by
Governor); Tennessee, April 7, 1865; Arkansas, April 14,
1865; Connecticut, May 4, 1865; New Hampshire, June 30,
1865; South Carolina, November 13, 1865; Alabama, December
2, 1865 (date on which it was ``approved'' by Provisional
Governor); North Carolina, December 4, 1865; Georgia,
December 6, 1865; Oregon, December 11, 1865; California,
December 15, 1865; Florida, December 28, 1865 (Florida again
ratified this amendment on June 9, 1868, upon its adoption
of a new constitution); Iowa, January 17, 1866; New Jersey,
January 23, 1866 (after having rejected the amendment on
March 16, 1865); Texas, February 17, 1870; Delaware,
February 12, 1901 (after having rejected the amendment on
February 8, 1865); Kentucky, March 18, 1976 (after having
rejected the amendment on February 24, 1865). The amendment
was rejected by Mississippi on December 2, 1865.
\7\The thirteenth amendment was proposed by Congress on
January 31, 1865, when it passed the House [Cong. Globe
(38th Cong., 2d sess.) 531], having previously passed the
Senate on April 8, 1864 [Id. (38th cong., 1st sess.) 1490].
It appears officially in 13 Stat. 567 under date of February
1, 1865. Ratification was completed on December 6, 1865,
when the legislature of the twenty-seventh State (Georgia)
approved the amendment, there being then 36 States in the
Union. On December 18, 1865, Secretary of State Seward
certified that the thirteenth amendment had become a part of
the Constitution [13 Stat. 774].
A ``thirteenth amendment'' depriving of United States
citizenship any citizen who should accept any title, office,
or emolument from a foreign power, was proposed by Congress
on May 1, 1810, when it passed the House [21 Ann. Cong.
(11th Cong., 2d sess.) 2050], having previously passed the
Senate on April 27 [20 Ann. Cong. (11th Cong., 2d sess.)
672]. It appears officially in 2 Stat. 613. It failed of
adoption, being ratified by but 12 States up to December 10,
1812 [2 Miscell. Amer. State Papers, 477-479; 2 Doc. Hist.
Const. 454-499], there then being 18 in all.
Another ``thirteenth amendment'', forbidding any future
amendment that should empower Congress to interfere with the
domestic institution of any State, was proposed by Congress
on March 2, 1861, when it passed the Senate [Cong. Globe
(36th Cong., 2d sess.) 1403], having previously passed the
House on February 28 [Id., 1285]. It appears officially in
12 Stat. 2512. It failed of adoption, being ratified by but
three States: Ohio, May 13, 1861 [58 Laws Ohio 190];
Maryland, January 10, 1862 [Laws Maryland (1861-62) 21];
Illinois, February 14, 1862 [2 Doc. Hist. Const., 518]
irregular, because by convention instead of by legislature
as authorized by Congress.
784 AMENDMENT XIV
784.1 Section 1. All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are
citizens of the United States and of the State wherein they
reside. No State shall make or enforce any law which shall
abridge the privileges or immunities of citizens of the
United States; nor shall any State deprive any person of
life, liberty, or property without due process of law, nor
deny to any person within its jurisdiction the equal
protection of the laws.
784.2 Section 2. Representatives shall be apportioned among
the several States according to their respective numbers,
counting the whole number of persons in each State,
excluding Indians not taxed. But when the right to vote at
any election for the choice of electors for President and
Vice-President of the United States, Representatives in
Congress, the Executive and Judicial officers of a State, or
the members of the Legislature thereof, is denied to any of
the male inhabitants of such State, being twenty-one years
of age, and citizens of the United States, or in any way
abridged, except for participation in rebellion, or other
crime, the basis of representation therein shall be reduced
in the proportion which the number of such male citizens
shall bear to the whole number of male citizens twenty-one
years of age in such State.
784.3 Section 3. No person shall be a Senator or
Representative in Congress, or elector of President and
Vice-President, or hold any office, civil or military, under
the United States, or under any State, who, having
previously taken an oath, as a member of Congress, or as an
officer of the United States, or as a member of any State
legislature, or as an executive or judicial officer of any
State, to support the Constitution of the United States,
shall have engaged in insurrection or rebellion against the
same, or given aid or comfort to the enemies thereof. But
Congress may by a vote of two-thirds of each House, remove
such disability.
784.4 Section 4. The validity of the public debt of the United
States, authorized by law, including debts incurred for
payment of pensions and bounties for services in suppressing
insurrection or rebellion, shall not be questioned. But
neither the United States nor any State shall assume or pay
any debt or obligation incurred in aid of insurrection or
rebellion against the United States, or any claim for the
loss or emancipation of any slave; but all such debts,
obligations and claims shall be held illegal and void.
784.5 Section 5. The Congress shall have power to enforce, by
appropriate legislation, the provisions of this article.
The fourteenth amendment\8\ was ratified by the several
State legislatures on the following dates: Connecticut, June
30, 1866; New Hampshire, July 7, 1866; Tennessee, July 19,
1866; New Jersey, September 11, 1866 (the New Jersey
Legislature on February 20, 1868, ``withdrew'' its consent
to the ratification; the Governor vetoed that bill on March
5, 1868, and it was repassed over his veto on March 24,
1868; and on Nov. 12, 1980, the Legislature expressed
support for the amendment); Oregon, September 19, 1866
(Oregon ``withdrew'' its consent on October 15, 1868);
Vermont, October 30, 1866; New York, January 10, 1867; Ohio,
January 11, 1867 (Ohio ``withdrew'' its consent on January
15, 1868), Illinois, January 15, 1867; West Virginia,
January 16, 1867; Michigan, January 16, 1867; Kansas,
January 17, 1867; Minnesota, January 17, 1867; Maine,
January 19, 1867; Nevada, January 22, 1867; Indiana, January
23, 1867; Missouri, January 26, 1867 (date on which it was
certified by the Missouri secretary of state); Rhode Island,
February 7, 1867; Pennsylvania, February 12, 1867;
Wisconsin, February 13, 1867 (actually passed February 7,
but not signed by legislative officers until February 13);
Massachusetts, March 20, 1867; Nebraska, June 15, 1867;
Iowa, March 9, 1868; Arkansas, April 6, 1868; Florida, June
9, 1868; North Carolina, July 2, 1868 (after having rejected
the amendment on December 13, 1866); Louisiana, July 9, 1868
(after having rejected the amendment on February 6, 1867);
South Carolina, July 9, 1868 (after having rejected the
amendment on December 20, 1866); Alabama, July 13, 1868
(date on which it was ``approved'' by the Governor);
Georgia, July 21, 1868 (after having rejected the amendment
on November 9, 1866--Georgia ratified again on February 2,
1870); Virginia, October 8, 1869 (after having rejected the
amendment on January 9, 1867); Mississippi, January 17,
1870; Texas, February 18, 1870 (after having rejected the
amendment on October 27, 1866); Delaware, February 12, 1901
(after having rejected the amendment on February 8, 1867);
Maryland, April 4, 1959 (after having rejected the amendment
on March 23, 1867); California, May 6, 1959; Kentucky, March
18, 1976 (after having rejected the amendment on January 8,
1867).
\8\The fourteenth amendment was proposed by Congress on
June 13, 1866, when it passed the House [Cong. Globe (39th
Cong., 1st sess.) 3148, 3149], having previously passed the
Senate on June 8 [Id., 3042]. It appears officially in 14
Stat. 358 under date of June 16, 1866. Ratification was
probably completed on July 9, 1868, when the legislature of
the twenty-eighth State (South Carolina or Louisiana)
approved the amendment, there being then 37 States in the
Union. However, Ohio and New Jersey had prior to that date
``withdrawn'' their earlier assent to this amendment.
Accordingly, Secretary of State Seward on July 20, 1868,
certified that the amendment had become a part of the
Constitution if the said withdrawals were ineffective [15
Stat. 706-707]. Congress at once (July 21, 1868) passed a
joint resolution declaring the amendment a part of the
Constitution and directing the Secretary to promulgate it as
such. On July 28, 1868, Secretary Seward certified without
reservation that the amendment was a part of the
Constitution. In the interim, two other States, Alabama on
July 13 and Georgia on July 21, 1868, had added their
ratifications.
785 AMENDMENT XV
785.1 Section 1. The right of citizens of the United States to
vote shall not be denied or abridged by the United States or
by any State on account of race, color, or previous
condition of servitude.
785.2 Section 2. The Congress shall have power to enforce this
article by appropriate legislation.
The fifteenth amendment\9\ was ratified by the several
State legislatures on the following dates: Nevada, March 1,
1869; West Virginia, March 3, 1869; North Carolina, March 5,
1869; Louisiana, March 5, 1869 (date on which it was
``approved'' by the Governor); Illinois, March 5, 1869;
Michigan, March 5, 1869; Wisconsin, March 5, 1869; Maine,
March 11, 1869; Massachusetts, March 12, 1869; South
Carolina, March 15, 1869; Arkansas, March 15, 1869;
Pennsylvania, March 25, 1869; New York, April 14, 1869 (New
York ``withdrew'' its consent to the ratification on January
5, 1870, which action it rescinded on March 30, 1970);
Indiana, May 14, 1869; Connecticut, May 19, 1869; Florida,
June 14, 1869; New Hampshire, July 1, 1869; Virginia,
October 8, 1869; Vermont, October 20, 1869; Alabama,
November 16, 1869; Missouri, January 7, 1870 (Missouri had
ratified the first section of the 15th Amendment on March 1,
1869; it failed to include in its ratification the second
section of the amendment); Minnesota, January 13, 1870;
Mississippi, January 17, 1870; Rhode Island, January 18,
1870; Kansas, January 19, 1870 (Kansas had by a defectively
worded resolution previously ratified this amendment on
February 27, 1869); Ohio, January 27, 1870 (after having
rejected the amendment on May 4, 1869); Georgia, February 2,
1870; Iowa, February 3, 1870; Nebraska, February 17, 1870;
Texas, February 18, 1870; New Jersey, February 15, 1871
(after having rejected the amendment on February 7, 1870);
Delaware, February 12, 1901 (date on which approved by
Governor; Delaware had previously rejected the amendment on
March 18, 1869); Oregon, February 24, 1959 (after having
rejected the amendment on October 26, 1870); California,
April 3, 1962 (after having rejected the amendment on
January 28, 1870); Maryland, May 7, 1973 (date on which
approved by Governor; Maryland had previously rejected the
amendment on February 26, 1870); Kentucky, March 18, 1976
(after having rejected the amendment on March 12, 1869). The
amendment was rejected by Tennessee on November 16, 1869.
\9\The fifteenth amendment was proposed by Congress on
February 26, 1869, when it passed the Senate [Cong. Globe
(40th Cong., 3d sess.) 1641], having previously passed the
House on February 25 [Id., 1563, 1564]. It appears
officially in 15 Stat. 346 under date of February 27, 1869.
Ratification was probably completed on February 3, 1870,
when the legislature of the twenty-eighth State (Iowa)
approved the amendment, there being then 37 States in the
Union. However, New York had prior to that date
``withdrawn'' its earlier assent to this amendment. Even if
this withdrawal were effective, Nebraska's ratification on
February 17, 1870, authorized Secretary of State Fish's
certification of March 30, 1870, that the 15th amendment had
become a part of the Constitution [16 Stat. 1131].
786 AMENDMENT XVI
The Congress shall have power to lay and collect taxes
on incomes, from whatever source derived, without
apportionment among the several States, and without regard
to any census or enumeration.
The sixteenth amendment\10\ was ratified by the several
State legislatures on the following dates: Alabama, August
10, 1909; Kentucky, February 8, 1910; South Carolina,
February 19, 1910; Illinois, March 1, 1910; Mississippi,
March 7, 1910; Oklahoma, March 10, 1910; Maryland, April 8,
1910; Georgia, August 3, 1910; Texas, August 16, 1910; Ohio,
January 19, 1911; Idaho, January 20, 1911; Oregon, January
23, 1911; Washington, January 26, 1911; Montana, January 27,
1911; Indiana, January 30, 1911; California, January 31,
1911; Nevada, January 31, 1911; South Dakota, February 1,
1911; Nebraska, February 9, 1911; North Carolina, February
11, 1911; Colorado, February 15, 1911; North Dakota,
February 17, 1911; Michigan, February 23, 1911; Iowa,
February 24, 1911; Kansas, March 2, 1911; Missouri, March
16, 1911; Maine, March 31, 1911; Tennessee, April 7, 1911;
Arkansas, April 22, 1911 (after having rejected the
amendment at the session begun January 9, 1911); Wisconsin,
May 16, 1911; New York, July 12, 1911; Arizona, April 3,
1912; Minnesota, June 11, 1912; Louisiana, June 28, 1912;
West Virginia, January 31, 1913; Delaware, February 3, 1913;
Wyoming, February 3, 1913; New Mexico, February 3, 1913; New
Jersey, February 4, 1913; Vermont, February 19, 1913;
Massachusetts, March 4, 1913; New Hampshire, March 7, 1913
(after having rejected the amendment on March 2, 1911). The
amendment was rejected (and not subsequently ratified) by
Connecticut, Rhode Island, and Utah.
\10\The sixteenth amendment was proposed by Congress on
July 12, 1909, when it passed the House [44 Cong. Rec. (61st
Cong., 1st sess.) 4390, 4440, 4441], having previously
passed the Senate on July 5 [Id., 4121]. It appears
officially in 36 Stat. 184. Ratification was completed on
February 3, 1913, when the legislature of the thirty-sixth
State (Delaware, Wyoming, or New Mexico) approved the
amendment, there being then 48 States in the Union. On
February 25, 1913, Secretary of State Knox certified that
this amendment had become a part of the Constitution [37
Stat. 1785].
787 AMENDMENT [XVII]
787.1 The Senate of the United States shall be composed of two
Senators from each State, elected by the people thereof, for
six years; and each Senator shall have one vote. The
electors in each State shall have the qualifications
requisite for electors of the most numerous branch of the
State legislatures.
787.2 When vacancies happen in the representation of any State
in the Senate, the executive authority of such State shall
issue writs of election to fill such vacancies: Provided,
That the legislature of any State may empower the executive
thereof to make temporary appointments until the people fill
the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect
the election or term of any Senator chosen before it becomes
valid as part of the Constitution.
The seventeenth amendment \11\ was ratified by the
several State legislatures on the following dates:
Massachusetts, May 22, 1912; Arizona, June 3, 1912;
Minnesota, June 10, 1912; New York, January 15, 1913;
Kansas, January 17, 1913; Oregon, January 23, 1913; North
Carolina, January 25, 1913; California, January 28, 1913;
Michigan, January 28, 1913; Iowa, January 30, 1913; Montana,
January 30, 1913; Idaho, January 31, 1913; West Virginia,
February 4, 1913; Colorado, February 5, 1913; Nevada,
February 6, 1913; Texas, February 7, 1913; Washington,
February 7, 1913; Wyoming, February 8, 1913; Arkansas,
February 11, 1913; Illinois, February 13, 1913; North
Dakota, February 14, 1913; Wisconsin, February 18, 1913;
Indiana, February 19, 1913; New Hampshire, February 19,
1913; Vermont, February 19, 1913; South Dakota, February 19,
1913; Maine, February 20, 1913; Oklahoma, February 24, 1913;
Ohio, February 25, 1913; Missouri, March 7, 1913; New
Mexico, March 13, 1913; Nebraska, March 14, 1913; New
Jersey, March 17, 1913; Tennessee, April 1, 1913;
Pennsylvania, April 2, 1913; Connecticut, April 8, 1913;
Louisiana, June 5, 1914. The amendment was rejected by Utah
on February 26, 1913.
\11\ The seventeenth amendment was proposed by Congress
on May 13, 1912, when it passed the House [48 Cong. Rec.
(62d Cong., 2d sess.) 6367], having previously passed the
Senate on June 12, 1911 [47 Cong. Rec. (62d Cong., 1st
sess.) 1925]. It appears officially in 37 Stat. 646.
Ratification was completed on April 8, 1913, when the
thirty-sixth State (Connecticut) approved the amendment,
there being then 48 States in the Union. On May 31, 1913,
Secretary of State Bryan certified that it had become a part
of the Constitution [38 Stat. 2049].
*Amendment XVIII was repealed by amendment XXI, Senate
Manual section 791.
788 [AMENDMENT [XVIII]]*
788.1 [Section 1. After one year from the ratification of this
article the manufacture, sale, or transportation of
intoxicating liquors within, the importation thereof into,
or the exportation thereof from the United States and all
territory subject to the jurisdiction thereof for beverage
purposes is hereby prohibited.
788.2 [Section 2. The Congress and the several States shall
have concurrent power to enforce this article by appropriate
legislation.
788.3 [Section 3. This article shall be inoperative unless it
shall have been ratified as an amendment to the Constitution
by the legislatures of the several States, as provided in
the Constitution, within seven years from the date of the
submission hereof to the States by the Congress.]
The eighteenth amendment \12\ was ratified by the
several State legislatures on the following dates:
Mississippi, January 8, 1918; Virginia, January 11, 1918;
Kentucky, January 14, 1918; North Dakota, January 28, 1918
(date on which approved by Governor); South Carolina,
January 29, 1918; Maryland, February 13, 1918; Montana,
February 19, 1918; Texas, March 4, 1918; Delaware, March 18,
1918; South Dakota, March 20, 1918; Massachusetts, April 2,
1918; Arizona, May 24, 1918; Georgia, June 26, 1918;
Louisiana, August 9, 1918 (date on which approved by
Governor); Florida, November 27, 1918; Michigan, January 2,
1919; Ohio, January 7, 1919; Oklahoma, January 7, 1919;
Idaho, January 8, 1919; Maine, January 8, 1919; West
Virginia, January 9, 1919; California, January 13, 1919;
Tennessee, January 13, 1919; Washington, January 13, 1919;
Arkansas, January 14, 1919; Kansas, January 14, 1919;
Illinois, January 14, 1919; Indiana, January 14, 1919;
Alabama, January 15, 1919; Colorado, January 15, 1919; Iowa,
January 15, 1919; New Hampshire, January 15, 1919; Oregon,
January 15, 1919; Nebraska, January 16, 1919; North
Carolina, January 16, 1919; Utah, January 16, 1919;
Missouri, January 16, 1919; Wyoming, January 16, 1919;
Minnesota, January 17, 1919; Wisconsin, January 17, 1919;
New Mexico, January 20, 1919; Nevada, January 21, 1919; New
York, January 29, 1919; Vermont, January 29, 1919;
Pennsylvania, February 25, 1919; Connecticut, May 6, 1919;
New Jersey, March 9, 1922. The amendment was rejected (and
not subsequently ratified) by Rhode Island.
\12\ The eighteenth amendment was proposed by Congress
on December 18, 1917, when it passed the Senate [Cong. Rec.
(65th Cong., 2d sess.) 478], having previously passed the
House on December 17 [Id., 470]. It appears officially in 40
Stat. 1050. Ratification was completed on January 16, 1919,
when the thirty-sixth State approved the amendment, there
being then 48 States in the Union. On January 29, 1919,
Acting Secretary of State Polk certified that this amendment
had been adopted by the requisite number of States [40 Stat.
1941]. By its terms this amendment did not become effective
until 1 year after ratification.
789 AMENDMENT [XIX]
789.1 The right of citizens of the United States to vote shall
not be denied or abridged by the United States or by any
State on account of sex.
789.2 Congress shall have power to enforce this article by
appropriate legislation.
The nineteenth amendment \13\ was ratified by the
several State legislatures on the following dates: Illinois,
June 10, 1919 (readopted June 17, 1919); Michigan, June 10,
1919; Wisconsin, June 10, 1919; Kansas, June 16, 1919; New
York, June 16, 1919; Ohio, June 16, 1919; Pennsylvania, June
24, 1919; Massachusetts, June 25, 1919; Texas, June 28,
1919; Iowa, July 2, 1919 (date on which approved by
Governor); Missouri, July 3, 1919; Arkansas, July 28, 1919;
Montana, August 2, 1919 (date on which approved by
Governor); Nebraska, August 2, 1919; Minnesota, September 8,
1919; New Hampshire, September 10, 1919 (date on which
approved by Governor); Utah, October 2, 1919; California,
November 1, 1919; Maine, November 5, 1919; North Dakota,
December 1, 1919; South Dakota, December 4, 1919 (date on
which certified); Colorado, December 15, 1919 (date on which
approved by Governor); Kentucky, January 6, 1920; Rhode
Island, January 6, 1920; Oregon, January 13, 1920; Indiana,
January 16, 1920; Wyoming, January 27, 1920; Nevada,
February 7, 1920; New Jersey, February 9, 1920; Idaho,
February 11, 1920; Arizona, February 12, 1920; New Mexico,
February 21, 1920 (date on which approved by Governor);
Oklahoma, February 28, 1920; West Virginia, March 10, 1920;
Washington, March 22, 1920; Tennessee, August 18, 1920;
Connecticut, September 14, 1920 (confirmed September 21,
1920); Vermont, February 8, 1921; Delaware, March 6, 1923
(after having rejected it on June 2, 1920); Maryland, March
29, 1941 (after having rejected it on February 24, 1920,
ratification certified on February 25, 1958); Virginia,
February 21, 1952 (after having rejected it on February 12,
1920); Alabama, September 8, 1953 (after having rejected it
on September 22, 1919); Florida, May 13, 1969; South
Carolina, July 1, 1969 (after having rejected it on January
29, 1920); Georgia, February 20, 1970 (after having rejected
it on July 24, 1919); Louisiana, June 11, 1970 (after having
rejected it on July 1, 1920); North Carolina, May 6, 1971;
Mississippi, March 22, 1984 (after having rejected it on
March 29, 1920).
\13\ The nineteenth amendment was proposed by Congress
on June 4, 1919, when it passed the Senate [Cong. Rec. (66th
Cong., 1st sess.) 635], having previously passed the House
on May 21 [Id., 94]. It appears officially in 41 Stat. 362.
Ratification was completed on August 18, 1920, when the
thirty-sixth State (Tennessee) approved the amendment, there
being then 48 States in the Union. On August 26, 1920,
Secretary of State Colby certified that it had become a part
of the Constitution [41 Stat. 1823].
790 AMENDMENT [XX]
790.1 Section 1. The terms of the President and Vice-President
shall end at noon on the 20th day of January, and the terms
of Senators and Representatives at noon on the 3d day of
January, of the years in which such terms would have ended
if this article had not been ratified; and the terms of
their successors shall then begin.
790.2 Section 2. The Congress shall assemble at least once in
every year, and such meeting shall begin at noon on the 3d
day of January, unless they shall by law appoint a different
day.
790.3 Section 3. If, at the time fixed for the beginning of
the term of the President, the President elect shall have
died, the Vice-President elect shall become President. If a
President shall not have been chosen before the time fixed
for the beginning of his term, or if the President elect
shall have failed to qualify, then the Vice-President elect
shall act as President until a President shall have
qualified; and the Congress may by law provide for the case
wherein neither a President elect nor a Vice-President elect
shall have qualified, declaring who shall then act as
President, or the manner in which one who is to act shall be
selected, and such person shall act accordingly until a
President or Vice-President shall have qualified.
790.4 Section 4. The Congress may by law provide for the case
of the death of any of the persons from whom the House of
Representatives may choose a President whenever the right of
choice shall have devolved upon them, and for the case of
the death of any of the persons from whom the Senate may
choose a Vice-President whenever the right of choice shall
have devolved upon them.
790.5 Section 5. Sections 1 and 2 shall take effect on the
15th day of October following the ratification of this
article.
790.6 Section 6. This article shall be inoperative unless it
shall have been ratified as an amendment to the Constitution
by the legislatures of three-fourths of the several States
within seven years from the date of its submission.
The twentieth amendment \14\ was ratified by the several
State legislatures on the following dates: Virginia, March
4, 1932; New York, March 11, 1932; Mississippi, March 16,
1932; Arkansas, March 17, 1932; Kentucky, March 17, 1932;
New Jersey, March 21, 1932; South Carolina, March 25, 1932;
Michigan, March 31, 1932; Maine, April 1, 1932; Rhode
Island, April 14, 1932; Illinois, April 21, 1932; Louisiana,
June 22, 1932; West Virginia, July 30, 1932; Pennsylvania,
August 11, 1932; Indiana, August 15, 1932; Texas, September
7, 1932; Alabama, September 13, 1932; California, January 4,
1933; North Carolina, January 5, 1933; North Dakota, January
9, 1933; Minnesota, January 12, 1933; Arizona, January 13,
1933; Montana, January 13, 1933; Nebraska, January 13, 1933;
Oklahoma, January 13, 1933; Kansas, January 16, 1933;
Oregon, January 16, 1933; Delaware, January 19, 1933;
Washington, January 19, 1933; Wyoming, January 19, 1933;
Iowa, January 20, 1933; South Dakota, January 20, 1933;
Tennessee, January 20, 1933; Idaho, January 21, 1933; New
Mexico, January 21, 1933; Georgia, January 23, 1933;
Missouri, January 23, 1933; Ohio, January 23, 1933; Utah,
January 23, 1933; Colorado, January 24, 1933; Massachusetts,
January 24, 1933; Wisconsin, January 24, 1933; Nevada,
January 26, 1933; Connecticut, January 27, 1933; New
Hampshire, January 31, 1933; Vermont, February 2, 1933;
Maryland, March 24, 1933; Florida, April 26, 1933.
\14\ The twentieth amendment was proposed by Congress on
March 2, 1932, when it passed the Senate [Cong. Rec. (72d
Cong., 1st sess.) 5086], having previously passed the House
on March 1 [Id., 5027]. It appears officially in 47 Stat.
745. Ratification was completed on January 23, 1933, when
the thirty-sixth State approved the amendment, there being
then 48 States in the Union. On February 6, 1933, Secretary
of State Stimson certified that it had become a part of the
Constitution [47 Stat. 2569].
A proposed amendment which would authorize Congress to
limit, regulate, and prohibit the labor of persons under 18
years of age was passed by Congress on June 2, 1924. This
proposal at the time it was submitted to the States was
referred to as ``the proposed 20th Amendment.'' It appears
officially in 43 Stat. 670.
The status of this proposed amendment is a matter of
conflicting opinion. The Kentucky Court of Appeals in Wise
v. Chandler (270 Ky. 1 [1937]) has held that it is no longer
open to ratification because: (1) Rejected by more than one-
fourth of the States; (2) a State may not reject and then
subsequently ratify, at least when more than one-fourth of
the States are on record as rejecting; and (3) more than a
reasonable time has elapsed since it was submitted to the
States in 1924 (for subsequent litigation in the Chandler
case see 303 U.S. 634 and 307 U.S. 474). The Kansas Supreme
Court in Coleman v. Miller (146 Kan. 390 [1937]) came to the
opposite conclusion.
On October 1, 1937, 27 States had ratified the proposed
amendment. Of these States 10 had previously rejected the
amendment on one or more occasions. At least 26 different
States have at one time rejected the amendment.
791 AMENDMENT [XXI]
791.1 Section 1. The eighteenth article of amendment to the
Constitution of the United States is hereby repealed.
791.2 Section 2. The transportation or importation into any
State, Territory, or possession of the United States for
delivery or use therein of intoxicating liquors, in
violation of the laws thereof, is hereby prohibited.
791.3 Section 3. This article shall be inoperative unless it
shall have been ratified as an amendment to the Constitution
by conventions in the several States, as provided in the
Constitution, within seven years from the date of the
submission hereof to the States by the Congress.
The twenty-first amendment \15\ was ratified by the
several State conventions on the following dates: Michigan,
April 10, 1933; Wisconsin, April 25, 1933; Rhode Island, May
8, 1933; Wyoming, May 25, 1933; New Jersey, June 1, 1933;
Delaware, June 24, 1933; Indiana, June 26, 1933;
Massachusetts, June 26, 1933; New York, June 27, 1933;
Illinois, July 10, 1933; Iowa, July 10, 1933; Connecticut,
July 11, 1933; New Hampshire, July 11, 1933; California,
July 24, 1933; West Virginia, July 25, 1933; Arkansas,
August 1, 1933; Oregon, August 7, 1933; Alabama, August 8,
1933; Tennessee, August 11, 1933; Missouri, August 29, 1933;
Arizona, September 5, 1933; Nevada, September 5, 1933;
Vermont, September 23, 1933; Colorado, September 26, 1933;
Washington, October 3, 1933; Minnesota, October 10, 1933;
Idaho, October 17, 1933; Maryland, October 18, 1933;
Virginia, October 25, 1933; New Mexico, November 2, 1933;
Florida, November 14, 1933; Texas, November 24, 1933;
Kentucky, November 27, 1933; Ohio, December 5, 1933;
Pennsylvania, December 5, 1933; Utah, December 5, 1933;
Maine, December 6, 1933; Montana, August 6, 1934. The
amendment was rejected by a convention in the State of South
Carolina, on December 4, 1933. The electorate of the State
of North Carolina voted against holding a convention at a
general election held on November 7, 1933.
\15\ The twenty-first amendment was proposed by Congress
on February 20, 1933, when it passed the House [76 Cong.
Rec. (72d Cong., 2d sess.) 4516], having previously passed
the Senate on February 16 [Id., 4231]. It appears officially
in 47 Stat. 1625. Ratification was completed on December 5,
1933, when the thirty-sixth State (Utah) approved the
amendment, there being then 48 States in the Union. On
December 5, 1933, Acting Secretary of State Phillips
certified that it had been adopted by the requisite number
of States [48 Stat. 1749].
792 AMENDMENT [XXII]
792.1 Section 1. No person shall be elected to the office of
the President more than twice, and no person who has held
the office of President, or acted as President, for more
than two years of a term to which some other person was
elected President shall be elected to the office of the
President more than once. But this Article shall not apply
to any person holding the office of President when this
Article was proposed by the Congress, and shall not prevent
any person who may be holding the office of President, or
acting as President, during the term within which this
Article becomes operative, from holding the office of
President or acting as President during the remainder of
such term.
792.2 Section 2. This article shall be inoperative unless it
shall have been ratified as an amendment to the Constitution
by the legislatures of three-fourths of the several States
within seven years from the date of its submission to the
States by the Congress.
The twenty-second amendment \16\ was ratified by the
several State legislatures on the following dates: Maine,
March 31, 1947; Michigan, March 31, 1947; Iowa, April 1,
1947; Kansas, April 1, 1947; New Hampshire, April 1, 1947;
Delaware, April 2, 1947; Illinois, April 3, 1947; Oregon,
April 3, 1947; Colorado, April 12, 1947; California, April
15, 1947; New Jersey, April 15, 1947; Vermont, April 15,
1947; Ohio, April 16, 1947; Wisconsin, April 16, 1947;
Pennsylvania, April 29, 1947; Connecticut, May 21, 1947;
Missouri, May 22, 1947; Nebraska, May 23, 1947; Virginia,
January 28, 1948; Mississippi, February 12, 1948; New York,
March 9, 1948; South Dakota, January 21, 1949; North Dakota,
February 25, 1949; Louisiana, May 17, 1950; Montana, January
25, 1951; Indiana, January 29, 1951; Idaho, January 30,
1951; New Mexico, February 12, 1951; Wyoming, February 12,
1951; Arkansas, February 15, 1951; Georgia, February 17,
1951; Tennessee, February 20, 1951; Texas, February 22,
1951; Utah, February 26, 1951; Nevada, February 26, 1951;
Minnesota, February 27, 1951; North Carolina, February 28,
1951; South Carolina, March 13, 1951; Maryland, March 14,
1951; Florida, April 16, 1951; Alabama, May 4, 1951. The
amendment was rejected (and not subsequently ratified) by
Oklahoma in June 1947, and Massachusetts on June 9, 1949.
\16\ The twenty-second amendment was proposed by
Congress on March 24, 1947, when the House agreed to Senate
amendment [93 Cong. Rec. (80th Cong., 1st sess.) 2389],
having previously been passed in the House of
Representatives on February 6, 1947 [93 Cong. Rec. (80th
Cong., 1st sess.) 872], and in the Senate on March 12, 1947,
with an amendment [93 Cong. Rec. (80th Cong., 1st sess.)
1978]. Ratification was completed on February 27, 1951, when
the legislature of the thirty-sixth State (Minnesota)
approved the amendment, there being then forty-eight States
in the Union. On March 1, 1951, the Administrator of General
Services, Jess Larson, certified that this amendment had
become a part of the Constitution.
793 AMENDMENT [XXIII]
793.1 Section 1. The District constituting the seat of
Government of the United States shall appoint in such manner
as the Congress may direct:
A number of electors of President and Vice President
equal to the whole number of Senators and Representatives in
Congress to which the District would be entitled if it were
a State, but in no event more than the least populous State;
they shall be in addition to those appointed by the States,
but they shall be considered, for the purposes of the
election of President and Vice President, to be electors
appointed by a State; and they shall meet in the District
and perform such duties as provided by the twelfth article
of amendment.
793.2 Section 2. The Congress shall have power to enforce this
article by appropriate legislation.
The twenty-third amendment \17\ was ratified by the
several State legislatures on the following dates: Hawaii,
June 23, 1960 (technical correction, June 30, 1960);
Massachusetts, August 22, 1960; New Jersey, December 19,
1960; New York, January 17, 1961; California, January 19,
1961; Oregon, January 27, 1961; Maryland, January 30, 1961;
Idaho, January 31, 1961; Maine, January 31, 1961; Minnesota,
January 31, 1961; New Mexico, February 1, 1961; Nevada,
February 2, 1961; Montana, February 6, 1961; Colorado,
February 8, 1961; Washington, February 9, 1961; West
Virginia, February 9, 1961; Alaska, February 10, 1961;
Wyoming, February 13, 1961; South Dakota, February 14, 1961
(date of filing in Office of Secretary of State of South
Dakota); Delaware, February 20, 1961; Utah, February 21,
1961; Wisconsin, February 21, 1961; Pennsylvania, February
28, 1961; Indiana, March 3, 1961; North Dakota, March 3,
1961; Tennessee, March 6, 1961; Michigan, March 8, 1961;
Connecticut, March 9, 1961; Arizona, March 10, 1961;
Illinois, March 14, 1961; Nebraska, March 15, 1961; Vermont,
March 15, 1961; Iowa, March 16, 1961; Missouri, March 20,
1961; Oklahoma, March 21, 1961; Rhode Island, March 22,
1961; Kansas, March 29, 1961; Ohio, March 29, 1961; New
Hampshire, March 30, 1961 (date in official notice; preceded
by ratification on March 29, 1961, which was annulled and
then repeated March 29). Arkansas rejected the proposal on
January 24, 1961.
\17\ The twenty-third amendment was proposed by Congress
on June 16, 1960, when the Senate agreed to S.J. Res. 39,
86th Cong., as passed by the House of Representatives on
June 14; which action consisted of substituting H.J. Res.
757 for the original text of S.J. Res. 39 [106 Cong. Rec.
(86th Cong., 2d sess.) 12571]. S.J. Res. 39 as approved by
the Senate on February 2, 1960 [106 Cong. Rec. (86th Cong.,
2d sess.) 12850-58], for the first time since 1789, proposed
several unrelated articles of amendment, though several
amendments cover several points in sections of an article;
as finally proposed it dealt with a single matter. It
appears officially in 74 Stat. 1057 under date of June 16,
1960. Ratification was completed on March 29, 1961, when the
legislature of the thirty-eighth State (Ohio) approved the
amendment, there being then fifty States in the Union. The
identity of the thirty-eighth State was in doubt until New
Hamphire by ``official notice'' determined March 30 as the
date of its ratification. On April 3, 1961, the
Administrator of General Services, John L. Moore, certified
that this amendment had become a part of the Constitution
(26 F.R. 2808 and 75 Stat. 847).
794 AMENDMENT [XXIV]
794.1 Section 1. The right of citizens of the United States to
vote in any primary or other election for President or Vice
President, for electors for President or Vice President, or
for Senator or Representative in Congress, shall not be
denied or abridged by the United States or any State by
reason of failure to pay any poll tax or other tax.
794.2 Section 2. The Congress shall have power to enforce this
article by appropriate legislation.
The twenty-fourth amendment \18\ was ratified by the
several State legislatures on the following dates: Illinois,
November 14, 1962; New Jersey, December 3, 1962; Oregon,
January 25, 1963; Montana, January 28, 1963; West Virginia,
February 1, 1963; New York, February 4, 1963; Maryland,
February 6, 1963; California, February 7, 1963; Alaska,
February 11, 1963; Rhode Island, February 14, 1963; Indiana,
February 19, 1963; Utah, February 20, 1963; Michigan,
February 20, 1963; Colorado, February 21, 1963; Ohio,
February 27, 1963; Minnesota, February 27, 1963; New Mexico,
March 5, 1963; Hawaii, March 6, 1963; North Dakota, March 7,
1963; Idaho, March 8, 1963; Washington, March 14, 1963;
Vermont, March 15, 1963; Nevada, March 19, 1963;
Connecticut, March 20, 1963; Tennessee, March 21, 1963;
Pennsylvania, March 25, 1963; Wisconsin, March 26, 1963;
Kansas, March 28, 1963; Massachusetts, March 28, 1963;
Nebraska, April 4, 1963; Florida, April 18, 1963; Iowa,
April 24, 1963; Delaware, May 1, 1963; Missouri, May 13,
1963; New Hampshire, June 16, 1962; Kentucky, June 27, 1963;
Maine, January 16, 1964; South Dakota, January 23, 1964;
Virginia, February 25, 1977; North Carolina, May 3, 1989.
Mississippi rejected the proposal on December 20, 1962.
\18\ The twenty-fourth amendment was proposed by
Congress on August 27, 1962, when it passed the House [108
Cong. Rec. (87th Cong., 2d sess.) 1767], having previously
passed the Senate on March 27, 1962 [Id., 5105]. It appears
officially in 76 Stat. 1259 under date of August 29, 1962.
Ratification was completed on January 23, 1964, when the
legislature of the thirty-eighth State (South Dakota)
approved the amendment, there being then fifty States in the
Union. On February 4, 1964, the Administrator of General
Services, Bernard L. Boutin, certified that this amendment
had become a part of the Constitution (29 F.R. 1715).
795 AMENDMENT [XXV]
795.1 Section 1. In case of the removal of the President from
office or of his death or resignation, the Vice President
shall become President.
795.2 Section 2. Whenever there is a vacancy in the office of
the Vice President, the President shall nominate a Vice
President who shall take office upon confirmation by a
majority vote of both Houses of Congress.
795.3 Section 3. Whenever the President transmits to the
President pro tempore of the Senate and the Speaker of the
House of Representatives his written declaration that he is
unable to discharge the powers and duties of his office, and
until he transmits to them a written declaration to the
contrary, such powers and duties shall be discharged by the
Vice President as Acting President.
795.4 Section 4. Whenever the Vice President and a majority of
either the principal officers of the executive departments
or of such other body as Congress may by law provide,
transmit to the President pro tempore of the Senate and the
Speaker of the House of Representatives their written
declaration that the President is unable to discharge the
powers and duties of his office, the Vice President shall
immediately assume the powers and duties of the office as
Acting President.
Thereafter, when the President transmits to the
President pro tempore of the Senate and the Speaker of the
House of Representatives his written declaration that no
inability exists, he shall resume the powers and duties of
his office unless the Vice President and a majority of
either the principal officers of the executive department or
of such other body as Congress may by law provide, transmit
within four days to the President pro tempore of the Senate
and the Speaker of the House of Representatives their
written declaration that the President is unable to
discharge the powers and duties of his office. Thereupon
Congress shall decide the issue, assembling within forty-
eight hours for that purpose if not in session. If the
Congress, within twenty-one days after receipt of the latter
written declaration, or, if Congress is not in session,
within twenty-one days after Congress is required to
assemble, determines by two-thirds vote of both Houses that
the President is unable to discharge the powers and duties
of his office, the Vice President shall continue to
discharge the same as Acting President; otherwise, the
President shall resume the powers and duties of his office.
The twenty-fifth amendment \19\ was ratified by the
several State legislatures on the following dates: Nebraska,
July 12, 1965; Wisconsin, July 13, 1965; Oklahoma, July 16,
1965; Massachusetts, August 9, 1965; Pennsylvania, August
18, 1965; Kentucky, September 15, 1965; Arizona, September
22, 1965; Michigan, October 5, 1965; Indiana, October 20,
1965; California, October 21, 1965; Arkansas, November 4,
1965; New Jersey, November 29, 1965; Delaware, December 7,
1965; Utah, January 17, 1966; West Virginia, January 20,
1966; Maine, January 24, 1966; Rhode Island, January 28,
1966; Colorado, February 3, 1966; New Mexico, February 3,
1966; Kansas, February 8, 1966; Vermont, February 10, 1966;
Alaska, February 18, 1966; Idaho, March 2, 1966; Hawaii,
March 3, 1966; Virginia, March 8, 1966; Mississippi, March
10, 1966; New York, March 14, 1966; Maryland, March 23,
1966; Missouri, March 30, 1966; New Hampshire, June 13,
1966; Louisiana, July 5, 1966; Tennessee, January 12, 1967;
Wyoming, January 25, 1967; Washington, January 26, 1967;
Iowa, January 26, 1967; Oregon, February 2, 1967; Minnesota,
February 10, 1967; Nevada, February 10, 1967; Connecticut,
February 14, 1967; Montana, February 15, 1967; South Dakota,
March 6, 1967; Ohio, March 7, 1967; Alabama, March 14, 1967;
North Carolina, March 22, 1967; Illinois, March 22, 1967;
Texas, April 25, 1967; Florida, May 25, 1967.
\19\ The twenty-fifth amendment was proposed by Congress
on July 6, 1965, when the Senate agreed to a conference
report, to which the House had previously agreed on June 30,
1965. It appears officially in 79 Stat. 1327. Ratification
was completed on February 10, 1967, when the legislature of
the thirty-eighth State (Nevada) approved the amendment,
there being then fifty States in the Union. On February 23,
1967, the Administrator of General Services, Lawson B.
Knott, Jr., certified that this amendment had become a part
of the Constitution (32 F.R. 3287).
796 AMENDMENT [XXVI]
796.1 Section 1. The right of citizens of the United States,
who are eighteen years of age or older, to vote shall not be
denied or abridged by the United States or by any State on
account of age.
796.2 Section 2. The Congress shall have power to enforce this
article by appropriate legislation.
The twenty-sixth amendment \20\ was ratified by the
several State legislatures on the following dates:
Connecticut, March 23, 1971; Delaware, March 23, 1971;
Minnesota, March 23, 1971; Tennessee, March 23, 1971;
Washington, March 23, 1971; Hawaii, March 24, 1971;
Massachusetts, March 24, 1971; Montana, March 29, 1971;
Arkansas, March 30, 1971; Idaho, March 30, 1971; Iowa, March
30, 1971; Nebraska, April 2, 1971; New Jersey, April 3,
1971; Kansas, April 7, 1971; Michigan, April 7, 1971;
Alaska, April 8, 1971; Maryland, April 8, 1971; Indiana,
April 8, 1971; Maine, April 9, 1971; Vermont, April 16,
1971; Louisiana, April 17, 1971; California, April 19, 1971;
Colorado, April 27, 1971; Pennsylvania, April 27, 1971;
Texas, April 27, 1971; South Carolina, April 28, 1971; West
Virginia, April 28, 1971; New Hampshire, May 13, 1971;
Arizona, May 14, 1971; Rhode Island, May 27, 1971; New York,
June 2, 1971; Oregon, June 4, 1971; Missouri, June 14, 1971;
Wisconsin, June 22, 1971; Illinois, June 29, 1971; Alabama,
June 30, 1971; Ohio, June 30, 1971; North Carolina, July 1,
1971; Oklahoma, July 1, 1971; Virginia, July 8, 1971;
Wyoming, July 8, 1971; Georgia, October 4, 1971.
\20\ The twenty-sixth amendment was proposed by Congress
on March 23, 1971, when it passed the House [117 Cong. Rec.
(92d Cong., 1st sess.) 7570], having previously passed the
Senate on March 10, 1971 [Id., 5830]. It appears officially
in 85 Stat. 825. Ratification was completed on July 1, 1971,
when the legislature of the thirty-eighth State (North
Carolina) approved the amendment, there being then fifty
States in the Union. On July 5, 1971, the Administrator of
General Services, Robert L. Kunzig, certified that this
amendment had become a part of the Constitution (36 F.R.
12725).
797 AMENDMENT [XXVII]
797.1 No law, varying the compensation for the services of the
Senators and Representatives, shall take effect, until an
election of Representatives shall have intervened.
797.2 The twenty-seventh amendment \21\ was ratified by the
following States: Maryland, December 19, 1789; North
Carolina, December 22, 1789; South Carolina, January 19,
1790; Delaware, January 28, 1790; Vermont, November 3, 1791;
Virginia, December 15, 1791; Ohio, May 6, 1873; Wyoming,
March 6, 1978; Maine, April 27, 1983; Colorado, April 22,
1984; South Dakota, February 21, 1985; New Hampshire, March
7, 1985; Arizona, April 3, 1985; Tennessee, May 23, 1985,
Oklahoma, July 10, 1985; New Mexico, February 14, 1986;
Indiana, February 24, 1986; Utah, February 25, 1986;
Arkansas, March 6, 1987; Montana, March 17, 1987;
Connecticut, May 13, 1987; Wisconsin, July 15, 1987;
Georgia, February 2, 1988; West Virginia, March 10, 1988;
Louisiana, July 7, 1988; Iowa, February 9, 1989; Idaho,
March 23, 1989; Nevada, April 26, 1989; Alaska, May 6, 1989;
Oregon, May 19, 1989, Minnesota, May 22, 1989; Texas, May
25, 1989; Kansas, April 5, 1990; Florida, May 31, 1990;
North Dakota, March 25, 1991; Alabama, May 5, 1992;
Missouri, May 5, 1992; Michigan, May 7, 1992; New Jersey,
May 7, 1992; Illinois, May 12, 1992; California, June 26,
1992; Rhode Island, June 10, 1993.
\21\ The twenty-seventh amendment was the second of
twelve articles proposed by the First Congress on Sept. 25,
1789. Ratification was completed on May 7, 1992, when the
legislatures of the thirty-eighth and thirty-ninth States
(Michigan and New Jersey) approved the amendment, there
being then fifty States in the Union. On May 18, 1992, the
Archivist of the United States declared this amendment to
have become valid. (F.R. Doc. 92-11951, 57 F.R. 21187).
index to the constitution of the united states
Senate Manual Section
[797.5]
____________________________________________________________
INDEX TO THE CONSTITUTION OF THE UNITED STATES AND
AMENDMENTS THERETO
____________________________________________________________
Senate Manual Section
A
Absence:
Congress, Members (art. 1, Sec. 5, cl. 1). 761.16
Vice President, Senate (art. 1, Sec. 3,
cl. 5)................................ 761.11
Accused, rights of (amdt. 6)...................... 776
Actions:
Common law (amdt. 7)...................... 777
Judicial Power (art. 3, Sec. 2)........... 763.2
Acts, States, manner of proving (art. 4, Sec. 1).. 764.1
Adjournment of Congress:
Day to Day (art. 1, Sec. 5, cl. 1)........ 761.16
More than three days (art. 1, Sec. 5, cl.
4).................................... 761.19
Questions of (art. 1, Sec. 7, cl. 3)...... 761.24
President (art. 2, Sec. 3)................ 762.12
Veto (art. 1, Sec. 7, cl. 2).............. 761.23
Admiralty (art. 3, Sec. 2, cl. 1)................. 763.2
Advice and consent of Senate (art. 2, Sec. 2, cl.
2)............................................ 762.10
Age:
Eighteen-year-olds, right to vote (amdt.
26)................................... 796
President (art. 2, Sec. 1, cl. 4)......... 762.5
Representative (art. 1, Sec. 2, cl. 2).... 761.3
Senator (art. 1, Sec. 3, cl. 3)........... 761.9
Vice President (amdt. 12)................. 782
(art. 2, Sec. 1, cl. 4)........762.5
Ambassadors:
Appointment (art. 2, Sec. 2, cl. 2)....... 762.10
Cases affecting (art. 3, Sec. 2, cl. 2)... 763.3
Reception (art. 2, Sec. 3)................ 762.12
Amendments to Constitution (art. 5)............... 765
Appointments (art. 2, Sec. 2, cls. 2, 3).......... 762.10-11
Apportionment:
Representatives (art. 1, Sec. 2, cl. 3)... 761.4
(amdt. 14, Sec. 2).............784.2
Taxes (art. 1, Sec. 2, cl. 3)............. 761.4
(art. 1, Sec. 9, cl. 4)........761.46
Appropriations:
Army, limitation (art. 1, Sec. 8, cl. 2).. 761.26
Necessity of (art. 1, Sec. 9, cl. 7)...... 761.49
Arms, right to bear (amdt. 2)..................... 772
Army:
Appropriations, limitation (art. 1,
Sec. 8, cl. 12)....................... 761.36
Commander-in-Chief (art. 2, Sec. 2, cl. 1) 762.9
Congress, power to raise (art. 1, Sec. 8,
cl. 12)............................... 761.36
Government and regulation (art. 1, Sec. 8,
cl. 14)............................... 761.38
Indictments (amdt. 5)..................... 775
Arrest, Representatives and Senators (art. 1,
Sec. 6, cl. 1)................................ 761.20
Arsenals (art. 1, Sec. 8, cl. 17)................. 761.41
Arts, Congress (art. 1, Sec. 8, cl. 8)............ 761.32
Assembly, right of (amdt. 1)...................... 771
Attainder, Bill of:
Congress, prohibition (art. 1, Sec. 9, cl.
3).................................... 761.45
States, prohibition (art. 1, Sec. 10, cl.
1).................................... 761.51
Treason (art. 3, Sec. 3, cl. 2)........... 763.6
Attorneys, right to (amdt. 6)..................... 776
Authors, right to writings (art. 1, Sec. 8, cl. 8) 761.32
B
Bail (amdt. 8).................................... 778
Bankruptcy (art. 1, Sec. 8, cl. 4)................ 761.28
Bill of Rights (amdts. 1-10)...................... 771-780
Bills of credit (art. 1, Sec. 10, cl. 1).......... 761.51
Bounties (amdt. 14, Sec. 4)....................... 784.4
Bribery, impeachment (art. 2, Sec. 4)............. 762.13
Breach of peace, Senator or Representative (art.
1, Sec. 6, cl. 1)............................. 761.20
C
Capital crimes (amdt. 5).......................... 775
Capitation tax (art. 1, Sec. 9, cl. 4)............ 761.46
Captures, congressional rules (art. 1, Sec. 8, cl.
11)........................................... 761.35
Census, See Enumeration.
Chief Justice (art. 1, Sec. 3, cl. 6)............. 761.12
Citizens:
Birth (amdt. 14, Sec. 1).................. 784.1
Defined (amdt. 14, Sec. 1)................ 784.1
Due process (amdt. 14, Sec. 1)............ 784.1
Equal protection (amdt. 14, Sec. 1)....... 784.1
Judicial power of United States (art. 3,
Sec. 2, cl. 1)........................ 763.2
(amdt. 11).....................781
Natural born (art. 2, Sec. 1, cl. 4)...... 762.5
Privileges and immunities (art. 4, Sec. 2,
cl. 1)................................ 764.2
(amdt. 14, Sec. 1).............784.1
Qualification:
President (art. 2, Sec. 1, cl. 4). 762.5
Representative (art. 1, Sec. 2,
cl. 1)........................ 761.2
Senator (art. 1, Sec. 3, cl. 3)... 761.9
Suffrage:
Eighteen-year-olds (amdt. 26)..... 796.1
Race (amdt. 15, Sec. 1)........... 785.1
Women (amdt. 19).................. 789
Civil officers, removal (art. 2, Sec. 4).......... 762.13
Claims of United States, or State (art. 4, Sec. 3,
cl. 2)........................................ 764.6
Coinage:
Congress (art. 1, Sec. 8, cl. 5).......... 761.29
Counterfeiting (art. 1, Sec. 8, cl. 6).... 761.30
Foreign (art. 1, Sec. 8, cl. 5)........... 761.29
States, prohibition (art. 1, Sec. 10, cl.
1).................................... 761.51
Commander-in-chief (art. 2, Sec. 2, cl. 1)........ 762.9
Commerce, regulation (art. 1, Sec. 8, cl. 3)...... 761.27
Common defense (art. 1, Sec. 8, cl. 1)............ 761.25
Common law (amdt. 7).............................. 777
Compact, States (art. 1, Sec. 10, cl. 3).......... 761.53
Compensation:
Judges (art. 3, Sec. 1)................... 763.1
Justices of Supreme Court (art. 3, Sec. 1) 763.1
Members of Congress (art. 1, Sec. 6, cl.
1).................................... 761.20
(amdt. 27).....................797
President (art. 2, Sec. 1, cl. 6)......... 762.7
Private property, taking (amdt. 5)........ 775
Compulsory process (amdt. 6)...................... 776
Confederate states (amdt. 14, Sec. 4)............. 784.4
Confederation debts (art. 6, Sec. 1).............. 766.1
Confrontation, right of (amdt. 6)................. 776
Congress: See also Senate and House of
Representatives:
Adjournment:
Day-to-day (art. 1, Sec. 5, cl. 1) 761.16
Less than quorum (art. 1, Sec. 5,
cl. 1)........................ 761.16
More than three days (art. 1,
Sec. 5, cl. 4)................ 761.19
President's power (art. 2, Sec. 3) 762.12
Questions of (art. 1, Sec. 7, cl.
3)............................ 761.24
Veto, effect on (art. 1, Sec. 7,
cl. 2)........................ 761.23
Composition (art. 1, Sec. 1).............. 761.1
Consent:
Receipt of gifts, etc. (art. 1,
Sec. 9, cl. 8)................ 761.50
State action:
Agreements (art. 1,
Sec. 10, cl. 3)..... 761.53
Duties (art. 1, Sec. 10,
cl. 2).............. 761.52
Ships of war (art. 1,
Sec. 10, cl. 3)..... 761.53
Troops (art. 1, Sec. 10,
cl. 3).............. 761.53
War (art. 1, Sec. 10, cl.
3).................. 761.53
Constitutional amendments (art. 5)........ 765
Elections:
Judge of (art. 1, Sec. 5, cl. 1).. 761.16
President, House (amdt. 12)....... 782
Regulation (art. 1, Sec. 4, cl. 1) 761.14
Vice President, Senate (amdt. 12). 782
Extra sessions (art. 2, Sec. 3)........... 762.12
House of Representatives. See as
main entry.
Journals:
Entries:
Names, Members (art. 1,
Sec. 5, cl. 3)...... 761.18
Objections, President
(art. 1, Sec. 7, cl.
2).................. 761.23
Yeas and nays (art. 1,
Sec. 5, cl. 3)...... 761.18
Keeping (art. 1, Sec. 5, cl. 3)... 761.18
Legislative power (art. 1, Sec. 1)........ 761.1
Members:
Attendance (art. 1, Sec. 5, cl. 1) 761.16
Discipline (art. 1, Sec. 5, cl. 2) 761.17
Eligibility for other offices
(art. 1, Sec. 6, cl. 2)....... 761.21
Expulsion (art. 1, Sec. 5, cl. 2). 761.17
Immunity (art. 1, Sec. 6, cl. 1).. 761.20
Names, entry on journal (art. 1,
Sec. 5, cl. 3)................ 761.18
Oath (art. 6, cl. 3).............. 766.3
Punishment (art. 1, Sec. 5, cl. 2) 761.17
Qualifications (art. 1, Sec. 6,
cl. 2)........................ 761.21
Salaries (art. 1, Sec. 6, cl. 1).. 761.20
(amdt. 27).....................797
Powers:
Acting President, designation
(art. 2, Sec. 1, cl. 5)....... 762.6
Amendments to constitution (art.
5)............................ 765
Appointment, vesting (art. 2,
Sec. 2, cl. 2)................ 762.10
Army:
Raise and support (art. 1,
Sec. 8, cl. 12)..... 761.36
Regulation (art. 1,
Sec. 8, cl. 14)..... 761.38
Bankruptcy (art. 1, Sec. 8, cl. 4) 761.28
Borrowing (art. 1, Sec. 8, cl. 2). 761.26
Captures, rules (art. 1, Sec. 8,
cl. 11)....................... 761.35
Commerce, regulation (art. 1,
Sec. 8, cl. 3)................ 761.27
Common defense (art. 1, Sec. 8,
cl. 1)........................ 761.25
Copyrights (art. 1, Sec. 8, cl. 8) 761.32
Counterfeiting (art. 1, Sec. 8,
cl. 6)........................ 761.30
Criminal trails (art. 3, Sec. 2,
cl. 3)........................ 763.4
Debts (art. 1, Sec. 8, cl. 1)..... 761.25
District of Columbia (art. 1,
Sec. 8, cl. 17)............... 761.41
Duties and excises, levying (art.
1, Sec. 8, cl. 1)............. 761.25
Election, judge of (art. 1,
Sec. 5, cl. 1)................ 761.16
Exclusive legislation (art. 1,
Sec. 8, cl. 17)............... 761.41
Executing laws (art. 1, Sec. 8,
cl. 15)....................... 761.39
Felonies on high seas (art. 1,
Sec. 8, cl. 10)............... 761.34
Fifteenth Amendment, enforcing
(amdt. 15, Sec. 2)............ 785.2
Foreign coins (art. 1, Sec. 8, cl.
5)............................ 761.29
Forts, etc. (art. 1, Sec. 8, cl.
17)........................... 761.41
Fourteenth Amendment, enforcing
(amdt. 14, Sec. 5)............ 784.5
Full faith and credit clause (art.
4, Sec. 1).................... 764.1
General welfare (art. 1, Sec. 8,
cl. 1)........................ 761.25
Habeas corpus (art. 1, Sec. 9, cl.
2)............................ 761.44
Impost, levying (art. 1, Sec. 8,
cl. 1)........................ 761.25
Incidential powers (art. 1,
Sec. 8, cl. 18)............... 761.42
Income tax (amdt. 16)............. 786
Inferior courts:
Creation (art. 1, Sec. 8,
cl. 9).............. 761.33
Establishment (art. 3,
Sec. 1, cl. 1)...... 763.1
Inferior officers, appointment
(art. 2, Sec. 2, cl. 2)....... 762.10
Laws of nations, offenses (art. 1,
Sec. 8, cl. 10)............... 761.34
Letters of marque and reprisal
(art. 1, Sec. 8, cl. 11)...... 761.35
Militia (art. 1, Sec. 8, cls. 15,
16)........................... 761.39-40
Money (art. 1, Sec. 8, cl. 5)..... 761.29
Naturalization (art. 1, Sec. 8,
cl. 4)........................ 761.28
Navy:
Provide and maintain (art.
1, Sec. 8, cl. 13).. 761.37
Regulation (art. 1,
Sec. 8, cl. 14)..... 761.38
Necessary and proper (art. 1,
Sec. 8, cl. 18)............... 761.42
Patents (art. 1, Sec. 8, cl. 8)... 761.32
Piracy and felonies on the high
seas (art. 1, Sec. 8, cl. 10). 761.34
Post offices and post roads (art.
1, Sec. 8, cl. 7)............. 761.31
Presidential electors (art. 2,
Sec. 1, cl. 3)................ 762.4
Property of United States (art. 4,
Sec. 3, cl. 2)................ 764.6
Removing disability (amdt. 14,
Sec. 3)....................... 784.3
Slave traffic (art. 1, Sec. 9, cl.
1)............................ 761.43
States, admission (art. 4, Sec. 3,
cl. 1)........................ 764.5
Supreme Court (art. 3, Sec. 2, cl.
2)............................ 763.3
Taxes, levying (art. 1, Sec. 8,
cl. 1)........................ 761.25
Territories (art. 4, Sec. 3, cl.
2)............................ 764.6
Treason (art. 3, Sec. 3, cl. 2)... 763.6
War (art. 1, Sec. 8, cl. 11)...... 761.35
Weights and measures (art. 1,
Sec. 8, cl. 5)................ 761.29
President, disability (amdt. 25).......... 795
Prohibitions:
Abridgement of:
Assembly, right of
(amdt.1)............ 771
Petition, right of
(amdt.1)............ 771
Press, freedom of (amdt.1) 771
Speech, freedom of
(amdt.1)............ 771
Religion, laws regarding (amdt.1). 771
Quorum (art. 1, Sec. 5, cl. 1)............ 761.16
Senate. See as main entry.
Sessions (art. 1, Sec. 4, cl. 2).......... 761.15
(amdt. 20, Sec. 2).............790.2
Vice President, confirmation (amdt. 25,
Sec. 2)............................... 795.2
Votes (art. 1, Sec. 5, cl. 3)............. 761.18
(art. 1, Sec. 7, cl. 2)........761.23
Connecticut (art. 1, Sec. 2, cl. 3)............... 761.4
Consuls. See Ambassadors.
Contract impairment (art. 1, Sec. 10, cl. 1)...... 761.51
Conventions, State:
Proposing amendments (art. 5)............. 765
Ratification of Constitution (art. 7)..... 767
Copyrights (art. 1, Sec. 8, cl. 8)................ 761.32
Counsel, accused (amdt. 6)........................ 776
Counterfeiting (art. 1, Sec. 8, cl. 6)............ 761.30
Courts:
Appointment, judges (art. 2, Sec. 2, cl.
2).................................... 762.10
Creation (art. 1, Sec. 8, cl. 9).......... 761.33
Establishment (art. 3, Sec. 1)............ 763.1
Inferior courts. See as main
entry.
Judges. See as main entry.
Judicial power (art. 3, Sec. 1)........... 763.1
Supreme Court. See as main entry.
Crimes and offenses:
Conviction of certain, removal (art. 2,
Sec. 4)............................... 762.13
Extradition (art. 4, Sec. 2, cl. 2)....... 763.3
Felonies on high seas (art. 1, Sec. 8, cl.
10)................................... 761.34
Laws of nations (art. 1, Sec. 8, cl. 10).. 761.34
Pardons (art. 2, Sec. 2, cl. 1)........... 762.9
Piracy (art. 1, Sec. 8, cl. 10)........... 761.34
Treason. See as main entry.
Cruel and unusual punishments (amdt. 8)........... 778
D
Debts:
Confederate states (amdt. 14, Sec. 4)..... 784.4
Contracted before adoption of Constitution
(art. 6, Sec. 1)...................... 766.1
Payment (art. 1, Sec. 8, cl. 1)........... 761.25
Pensions (amdt. 14, Sec. 4)............... 784.4
Defense (art. 1, Sec. 8, cl. 1)................... 761.25
Delaware (art. 1, Sec. 2, cl. 3).................. 761.4
Direct taxes, apportionment (art. 1, Sec. 2, cl.
3)............................................ 761.4
(art. 1, Sec. 9, cl. 4)........761.46
Discoveries (art. 1, Sec. 8, cl. 8)............... 761.32
Disorderly behavior, punishment (art. 1, Sec. 5,
cl. 2)........................................ 761.17
Disqualification:
Impeachment (art. 1, Sec. 3, cl. 7)....... 761.13
Officers of the United States in rebellion
(amdt. 14, Sec. 3).................... 784.3
Members of House of Representatives and
Senate (art. 1, Sec. 6, cl. 2)........ 761.21
District of Columbia (art. 1, Sec. 8, cl. 17)..... 761.41
Exclusive legislation, Congress (art. 1,
Sec. 8, cl. 17)....................... 761.41
Presidential and Vice Presidential
electors (amdt. 23)................... 793
Dock yards (art. 1, Sec. 8, cl. 17)............... 761.41
Domestic tranquility (preamble)................... 760.1
Double jeopardy (amdt. 5)......................... 775
Due process (amdt. 5)............................. 775
(amdt. 14, Sec. 1).............784.1
Duties:
Congress (art. 1, Sec. 8, cl. 1).......... 761.25
Exportations from States (art. 1, Sec. 9,
cl. 5)................................ 761.47
State imports or exports (art. 1, Sec. 10,
cl. 2)................................ 761.52
State traffic (art. 1, Sec. 9, cl. 1)..... 761.43
Tonnage (art. 1, Sec. 10, cl. 3).......... 761.53
Uniformity required (art. 1, Sec. 8, cl.
1).................................... 761.25
Vessels (art. 1, Sec. 9, cl. 6)........... 761.48
E
Eighteen-year-olds, right to vote (amdt. 26)...... 796
Eighteenth Amendment, repeal (amdt. 21, Sec. 1)... 791.1
Elections:
Congress (art. 1, Sec. 4, cl. 1).......... 761.14
Day (art. 2, Sec. 1, cl. 3)............... 762.4
Each House to judge (art. 1, Sec. 5, cl.
1).................................... 761.16
President and Vice President (art. 2,
Sec. 1)............................... 762.1
(amdt. 12).....................782
Representatives (art. 1, Sec. 4, cl. 1)... 761.14
Senators (art. 1, Sec. 4, cl. 1).......... 761.14
(amdt. 17).....................787
Electors:
Congress:
Representatives (art. 1, Sec. 2,
cl. 1)........................ 761.2
Senators (amdt. 17)............... 787
District of Columbia (amdt. 23)........... 793
Eighteen-year-olds (amdt. 26)............. 796
Poll tax (amdt. 24)....................... 794
Race (amdt. 15)........................... 785
Sex (amdt. 19)............................ 789
Emoluments, acceptance:
Office holder (art. 1, Sec. 9, cl. 8)..... 761.50
President (art. 2, Sec. 1, cl. 6)......... 762.7
Enemies:
Adhering to (art. 3, Sec. 3, cl. 1)....... 763.5
Aid and comfort (amdt. 14, Sec. 3)........ 784.3
Enumeration:
Direct taxes (art. 1, Sec. 9, cl. 4)...... 761.46
Indians, not taxed (art. 1, Sec. 2, cl. 3) 761.4
(amdt. 14, Sec. 2).............784.2
Inhabitants (art. 1, Sec. 2, cl. 3)....... 761.4
Of rights not to deny others (amdt. 9).... 779
Ratio of representation (art. 1, Sec. 2,
cl. 3)................................ 761.4
Equal protection of the laws (amdt. 14, Sec. 1)... 784.1
Equal suffrage, Senate (art. 5)................... 765
Equity, judicial powers (art. 3, Sec. 2, cl. 1)... 763.2
(amdt. 11).....................781
Excises (art. 1, Sec. 8, cl. 1)................... 761.25
Exclusive legislation (art. 1, Sec. 8, cl. 17).... 761.41
Executive departments:
Appointments (art. 2, Sec. 2, cl. 2)...... 762.10
Officers:
Oath (art. 6, cl. 3).............. 766.3
Written opinions (art. 2, Sec. 2,
cl. 1)........................ 762.9
Executive of State (art. 4, Sec. 4)............... 764.7
Executive power (art. 2, Sec. 1, cl. 1)........... 762.1
Expenditures (art. 1, Sec. 9, cl. 6).............. 761.48
Exports:
State duties (art. 1, Sec. 10, cl. 2)..... 761.52
Tax or duty (art. 1, Sec. 9, cl. 5)....... 761.47
Ex post facto laws:
Congress (art. 1, Sec. 9, cl. 3).......... 761.45
States (art. 1, Sec. 10, cl. 1)........... 761.51
Extradition (art. 4, Sec. 2, cl. 2)............... 764.3
Extraordinary occasions, convening Congress (art.
2, Sec. 3).................................... 762.12
F
Fact and law, Supreme Court (art. 3, Sec. 2, cl.
2)............................................ 763.3
Felonies:
Extradition (art. 4, Sec. 2, cl. 2)....... 764.3
Members of Congress (art. 1, Sec. 6, cl.
1).................................... 761.20
On high seas (art. 1, Sec. 8, cl. 10)..... 761.34
Fines (amdt. 8)................................... 778
Foreign states or nations:
Coin, value (art. 1, Sec. 8, cl. 5)....... 761.29
Commerce (art. 1, Sec. 8, cl. 3).......... 761.27
Judicial power (art. 3, Sec. 2, cl. 1).... 763.2
(amdt. 11).....................781
States (art. 1, Sec. 10, cl. 3)........... 761.53
Forfeitures (art. 3, Sec. 3, cl. 2)............... 763.6
Form of government (art. 4, Sec. 4)............... 764.7
Formation of new States (art. 4, Sec. 3, cl. 1)... 764.5
Former jeopardy (amdt. 5)......................... 775
Forts (art. 1, Sec. 8, cl. 17).................... 761.41
Fugitives from justice (art. 4, Sec. 2, cl. 2).... 764.3
Full faith and credit clause (art. 4, Sec. 1)..... 764.1
G
General welfare (preamble)........................ 760.1
(art. 1, Sec. 8, cl. 1)........761.25
Georgia (art. 1, Sec. 2, cl. 3)................... 761.4
Good behavior, judges (art. 1, Sec. 3, cl. 1)..... 761.7
Grand jury (amdt. 5).............................. 775
H
Habeas corpus (art. 1, Sec. 9, cl. 2)............. 761.44
Heads of departments (art. 2, Sec. 2, cl. 1)...... 762.9
High crimes and misdemeanors (art. 2, Sec. 4)..... 762.13
High seas (art. 1, Sec. 8, cl. 10)................ 761.34
House of Representatives:
Adjournment:
Less than quorum (art. 1, Sec. 5,
cl. 1)........................ 761.16
Limitations (art. 1, Sec. 5, cl.
4)............................ 761.19
Composition (art. 1, Sec. 2, cl. 1)....... 761.3
Congress (art. 1, Sec. 2, cl. 1).......... 761.2
Impeachment (art. 1, Sec. 2, cl. 5)....... 761.6
Journal:
Entries (art. 1, Sec. 7, cl. 2)... 761.23
Required (art. 1, Sec. 5, cl. 3).. 761.18
Legislative power (art. 1, Sec. 1)........ 761.1
Members:
Apportionment (art. 1, Sec. 2, cl.
3)............................ 761.4
(amdt. 14, Sec. 2).............784.2
Attendance (art. 1, Sec. 5, cl. 1) 761.16
Disciplining (art. 1, Sec. 5, cl.
2)............................ 761.17
Disqualifications, removal (amdt.
14, Sec. 3)................... 784.3
Election (art. 1, Sec. 2, cl. 1).. 761.2
Judge of (art. 1, Sec. 5,
cl. 1).............. 761.16
Regulations (art. 1,
Sec. 4, cl. 1)...... 761.14
Qualifications of electors
(art. 1, Sec. 2, cl.
1).................. 761.2
Time, place, and manner
(art. 1, Sec. 4, cl.
1).................. 761.14
Eligibility for other offices
(art. 1, Sec. 6, cl. 2)....... 761.21
Expulsion (art. 1, Sec. 5, cl. 2). 761.17
Holding other office (art. 1,
Sec. 6, cl. 2)................ 761.21
Immunity, speech or debate (art.
1, Sec. 6, cl. 1)............. 761.20
Names, entry on journal (art. 1,
Sec. 5, cl. 3)................ 761.18
Number (art. 1, Sec. 2, cl. 3).... 761.4
Oath (art. 6, cl. 3).............. 766.3
Presidential electors, as (art. 2,
Sec. 1, cl. 2)................ 762.2
Privilege from arrest (art. 1,
Sec. 6, cl. 1)................ 761.20
Qualifications (art. 1, Sec. 2,
cl. 2)........................ 761.3
(art. 1, Sec. 6, cl. 2)........761.21
(amdt. 14, Sec. 3).............784.3
Salaries (art. 1, Sec. 6, cl. 1).. 761.20
(amdt. 27).....................797
Vacancies (art. 1, Sec. 2, cl. 4). 761.5
Officers (art. 1, Sec. 2, cl. 5).......... 761.6
Powers:
Impeachment (art. 1, Sec. 2, cl.
5)............................ 761.6
Judge of elections, returns (art.
1, Sec. 5, cl. 1)............. 761.16
Members:
Disciplining (art. 1,
Sec. 5, cl. 2)...... 761.17
Qualifications (art. 1,
Sec. 5, cl. 1)...... 761.16
President, election (art. 2, Sec. 1)...... 762.1
(amdt. 12).....................782
Quorum:
Majority to constitute (art. 1,
Sec. 5, cl. 1)................ 761.16
Selecting President (art. 2,
Sec. 1)....................... 762.1
(amdt. 12).....................782
Revenue bills (art. 1, Sec. 7, cl. 1)..... 761.22
Rules (art. 1, Sec. 5, cl. 2)............. 761.17
Speaker:
Disability of President (amdt. 25) 795
Selection (art. 1, Sec. 2, cl. 5). 761.6
Veto, consideration of (art. 1, Sec. 7,
cl. 2)................................ 761.23
Votes (art. 1, Sec. 5, cl. 3)............. 761.18
(art. 1, Sec. 7, cl. 2)........761.23
Houses, secure in (amdt. 4)....................... 774
I
Immunities:
Abridgement, by States (amdt. 14, Sec. 1). 784.1
Citizens (art. 4, Sec. 2, cl. 1).......... 764.2
Impeachment:
Chief Justice (art. 1, Sec. 3, cl. 6)..... 761.12
Grounds (art. 2, Sec. 4).................. 762.13
House of Representatives (art. 1, Sec. 2,
cl. 5)................................ 761.6
Judgment, extent and effect (art. 1,
Sec. 3, cl. 7)........................ 761.13
Jury trial, not required (art. 3, Sec. 2,
cl. 3)................................ 763.4
Persons subject to (art. 2, Sec. 4)....... 762.13
Senate trial (art. 1, Sec. 3, cl. 6)...... 761.12
Two-thirds vote (art. 1, Sec. 3, cl. 6)... 761.12
Imports:
Duties:
Congress (art. 1, Sec. 8, cl. 1).. 761.25
States (art. 1, Sec. 10, cl. 2)... 761.52
Slaves (art. 1, Sec. 9, cl. 2)............ 761.44
Imposts:
Congress (art. 1, Sec. 8, cl. 1).......... 761.25
States (art. 1, Sec. 10, cl. 2)........... 761.52
Inability. See President.
Incidental powers of Congress (art. 1, Sec. 8, cl.
18)........................................... 761.42
Income tax (amdt. 16)............................. 786
Incrimination, self, prohibited (amdt. 5)......... 775
Indian tribes, commerce (art. 1, Sec. 8, cl. 3)... 761.27
Indians (art. 1, Sec. 2, cl. 3)................... 761.4
Indictment, information, and complaints:
Impeachment (art. 1, Sec. 3, cl. 7)....... 761.13
Necessity (amdt. 5)....................... 775
Infamous crimes (amdt. 5)......................... 775
Inferior courts:
Congress to establish (art. 1, Sec. 8, cl.
9).................................... 761.33
(art. 3, Sec. 1)...............763.1
Judicial power (art. 3, Sec. 1)........... 763.1
Inhabitant of State, qualification:
Representative (art. 1, Sec. 2, cl. 2).... 761.3
Senator (art. 1, Sec. 3, cl. 3)........... 761.9
Insurrections:
Congress, calling militia (art. 1, Sec. 8,
cl. 15)............................... 761.39
Debts (amdt. 14, Sec. 4).................. 784.4
Participation in (amdt. 14, Sec. 3)....... 784.3
Interstate and foreign commerce (art. 1, Sec. 8,
cl. 3)........................................ 761.27
Intoxicating liquors:
Importation into certain States (amdt. 21,
Sec. 3)............................... 791.3
Repeal of Eighteenth Amendment (amdt. 21,
Sec. 1)............................... 791.1
Transportation (amdt. 21, Sec. 2)......... 791.2
Invasions:
Congress, calling militia (art. 1, Sec. 8,
cl. 15)............................... 761.39
Habeas corpus (art. 1, Sec. 9, cl. 2)..... 761.44
State:
Protection (art. 4, Sec. 4)....... 764.7
Right of (art. 1, Sec. 10, cl. 3). 761.53
Inventors, discoveries (art. 1, Sec. 8, cl. 8).... 761.32
Involuntary servitude, prohibited (amdt. 13,
Sec. 1)....................................... 783.1
J
Jeopardy, same offense (amdt. 5).................. 765
Judges:
Appointment (art. 2, Sec. 2, cl. 2)....... 762.10
Compensation (art. 3, Sec. 1)............. 763.1
Oath (art. 6, cl. 3)...................... 766.3
State, duty (art. 6, cl. 2)............... 766.2
Supreme Court (art. 2, Sec. 2, cl. 2)..... 762.10
Term (art. 3, Sec. 1)..................... 763.1
Judgment, impeachment (art. 1, Sec. 3, cl. 7)..... 761.13
Judicial officers, State and Federal, oath (art.
6, cl. 3)..................................... 766.3
Judicial power:
Jurisdiction, Supreme Court:
Appellate (art. 3, Sec. 2, cl. 2). 763.3
Original (art. 3, Sec. 2, cl. 2).. 763.3
Scope (art. 3, Sec. 2, cls. 1, 2)......... 763.2-3
(amdt. 11).....................781
Vesting, Supreme Court and inferior courts
(art. 3, Sec. 1)...................... 763.1
Judicial proceedings, State (art. 4, Sec. 1)...... 764.1
Jury:
Action of (amdt. 5)....................... 775
Criminal cases (art. 3, Sec. 2, cl. 3).... 763.4
(amdt. 6)......................776
Trial by, right (art. 3, Sec. 2, cl. 3)... 763.4
(amdt. 6)......................776
(amdt. 7)......................777
Just compensation, for property (amdt. 5)......... 775
Justice (preamble)................................ 760.1
Fugitives (art. 4, Sec. 2, cl. 2)......... 764.3
K
Keeping and bearing arms, right (amdt. 2)......... 772
King, gifts, etc., from (art. 1, Sec. 9, cl. 8)... 761.50
L
Labor, due (art. 4, Sec. 2, cl. 3)................ 764.4
Land and naval forces (art. 1, Sec. 8, cl. 14).... 761.38
Lands, claims (art. 3, Sec. 2, cl. 1)............. 763.2
Law of the land:
Constitution, law and treaties (art. 6,
cl. 2)................................ 766.2
State judges (art. 6, cl. 2).............. 766.2
Laws of the United States:
Execution (art. 2, Sec. 3)................ 762.12
Judicial power (art. 3, Sec. 2, cl. 1).... 763.2
Supremacy (art. 6, cl. 2)................. 766.2
Legal tender, States (art. 1, Sec. 10, cl. 1)..... 761.51
Legislation, Congress:
Exclusive (art. 1, Sec. 8, cl. 17)........ 761.31
Necessary and proper (art. 1, Sec. 8, cl.
18)................................... 761.42
Legislative powers (art. 1, Sec. 1)............... 761.1
Letters of marque and reprisal:
Congress (art. 1, Sec. 8, cl. 11)......... 761.35
States (art. 1, Sec. 10, cl. 1)........... 761.51
Life, liberty, and property:
Due process (amdt. 5)..................... 775
State limitation (amdt. 14, Sec. 1)....... 784.1
M
Magazines (art. 1, Sec. 8, cl. 17)................ 761.41
Majority:
Presidential elections (amdt. 12)......... 782
Quorum of each House (art. 1, Sec. 5, cl.
1).................................... 761.16
Maritime jurisdiction (art. 3, Sec. 2, cl. 1)..... 763.2
Marque and reprisal. See Letters of.
Massachusetts (art. 1, Sec. 2, cl. 3)............. 761.4
Measures. See Weights.
Meeting of Congress (art. 1, Sec. 4, cl. 2)....... 761.15
(amdt. 20, Sec. 2).............790.2
Militia:
Congress (art. 1, Sec. 8, cls. 15, 16).... 761.39-40
Indictment (amdt. 5)...................... 775
President (art. 2, Sec. 2, cl. 1)......... 762.9
Right to maintain (amdt. 2)............... 772
State (art. 1, Sec. 8, cl. 16)............ 761.43
Ministers. See Ambassadors.
Misdemeanors, civil officers (art. 2, Sec. 4)..... 762.13
Money:
Appropriation (art. 1, Sec. 9, cl. 7)..... 761.49
Army (art. 1, Sec. 8, cl. 12)............. 761.36
Borrowing (art. 1, Sec. 8, cl. 2)......... 761.26
Coining and regulating (art. 1, Sec. 8,
cl. 5)................................ 761.29
Foreign (art. 1, Sec. 8, cl. 5)........... 761.29
Receipts and expenditures (art. 1, Sec. 9,
cl. 7)................................ 761.49
N
Natural born citizen, President (art. 2, Sec. 1,
cl. 4)........................................ 762.5
Naturalization:
Citizenship (amdt. 14, Sec. 1)............ 784.1
Congress (art. 1, Sec. 8, cl. 4).......... 761.28
Navy:
Commander-in-Chief (art. 2, Sec. 2, cl. 1) 762.9
Congress (art. 1, Sec. 8, cl. 13)......... 761.37
Indictments (amdt. 5)..................... 775
Regulation (art. 1, Sec. 8, cl. 14)....... 761.38
New Hampshire (art. 1, Sec. 2, cl. 3)............. 761.4
New Jersey (art. 1, Sec. 2, cl. 3)................ 761.4
New York (art. 1, Sec. 2, cl. 3).................. 761.4
New States, admission (art. 4, Sec. 3, cl. 1)..... 764.5
Nobility, title of:
Granting prohibited:
States (art. 1, Sec. 10, cl. 1)... 761.51
United States (art. 1, Sec. 9, cl.
8)............................ 761.50
Office holder, acceptance (art. 1, Sec. 9,
cl. 8)................................ 761.50
Nomination:
Officers (art. 2, Sec. 2, cl. 2).......... 762.10
Recess of Senate (art. 2, Sec. 2, cl. 3).. 762.11
North Carolina (art. 1, Sec. 2, cl. 3)............ 761.4
O
Oath:
President (art. 2, Sec. 1, cl. 7)......... 762.8
Senators, impeachment trials (art. 1,
Sec. 3, cl. 6)........................ 761.12
Support constitution (art. 6, cl. 3)...... 766.3
Warrants (amdt. 4)........................ 774
Obligation of contracts (art. 1, Sec. 10, cl. 1).. 761.51
Offenses. See Crimes.
Officers:
Accepting presents, etc. (art. 1, Sec. 9,
cl. 8)................................ 761.50
Appointment (art. 2, Sec. 2, cl. 2)....... 762.10
Commissions (art. 2, Sec. 3).............. 762.12
House of Representatives (art. 1, Sec. 2,
cl. 5)................................ 761.6
Impeachment, grounds (art. 2, Sec. 4)..... 762.13
Oath (art. 6, cl. 3)...................... 766.3
Qualifications (amdt. 14, Sec. 3)......... 784.3
Religious test (art. 6, cl. 3)............ 766.3
Senate (art. 1, Sec. 3, cl. 5)............ 761.11
Offices, vacancy (art. 2, Sec. 2, cl. 3).......... 762.11
Opinions of department heads (art. 2, Sec. 2, cl.
1)............................................ 762.9
Original jurisdiction, Supreme Court (art. 3,
Sec. 2, cl. 2)................................ 763.3
P
Papers, search (amdt. 4).......................... 774
Pardons, reprieves (art. 2, Sec. 2, cl. 1)........ 762.9
Patents (art. 1, Sec. 8, cl. 8)................... 761.32
Pay. See Compensation.
Peace:
Breach of (art. 1, Sec. 6, cl. 1)......... 761.20
Time of:
Quartering soldiers (amdt. 3)..... 773
States (art. 1, Sec. 10, cl. 3)... 761.53
Penalties, Congress, Members (art. 1, Sec. 5, cl.
1)............................................ 761.16
Pennsylvania (art. 1, Sec. 2, cl. 3).............. 761.4
People:
Assembly, right of (amdt. 1).............. 771
Enumeration of rights (amdt. 9)........... 779
Reservation of powers (amdt. 10).......... 780
Right to keep and bear arms (amdt. 2)..... 772
Searches and seizures (amdt. 4)........... 774
Petition, right of (amdt. 1)...................... 771
Piracy (art. 1, Sec. 8, cl. 10)................... 761.34
Poll tax (amdt. 24)............................... 794.1
Ports (art. 1, Sec. 9, cl. 6)..................... 761.48
Post office and post roads (art. 1, Sec. 8, cl. 7) 761.31
Posterity (preamble).............................. 760.1
Presentments, grand jury (amdt. 5)................ 775
Presents, acceptance (art. 1, Sec. 9, cl. 8)...... 761.50
President:
Acting:
Congress may designate (art. 2,
Sec. 1, cl. 5)................ 762.6
Failure of President-elect to
qualify (amdt. 20, Sec. 3).... 790.3
Vice President as (amdt. 25,
Sec. 3)....................... 795.3
(amdt. 25, Sec. 4).............795.4
Appointments (art. 2, Sec. 2, cl. 2)...... 762.10
Ambassadors (art. 2, Sec. 2, cl.
2)............................ 762.10
Consuls (art. 2, Sec. 2, cl. 2)... 762.10
Ministers (art. 2, Sec. 2, cl. 2). 762.10
Officers of the U.S. (art. 2,
Sec. 2, cls. 2, 3)............ 762.10-11
Recess (art. 2, Sec. 2, cl. 3).... 762.11
Supreme Court Justices (art. 2,
Sec. 2, cl. 2)................ 762.10
Vesting, Congress (art. 2, Sec. 2,
cl. 2)........................ 762.10
Bills (art. 1, Sec. 7, cls. 2, 3)......... 761.23-24
Commander-in-Chief (art. 2, Sec. 2, cl. 1) 762.9
Congress:
Adjournment (art. 2, Sec. 3)...... 762.12
Extra sessions (art. 2, Sec. 3)... 762.12
Information and recommendations
(art. 2, Sec. 3).............. 762.12
Succession:
Death (amdt. 20, Sec. 4).. 790.4
Declaration of inability
(amdt. 25, Sec. 3).. 795.3
Inability (art. 2, Sec. 1,
cl. 5).............. 762.6
Department heads, opinions (art. 2,
Sec. 2, cl. 1)........................ 762.9
Disability (amdt. 25)..................... 795
Acting President (amdt. 25)....... 795
Congress, declaration of inability
(amdt. 25, Sec. 4)............ 795.4
Declaration of inability (amdt.
25, Sec. 3)................... 795.3
(amdt. 25, Sec. 4).............795.4
Vice President, duties (amdt. 25,
Sec. 3)....................... 795.3
Election:
Denial of right to vote for (amdt.
14, Sec. 2)................... 784.2
Electors:
Appointment (art. 2,
Sec. 1, cls. 2, 3).. 762.10-11
Proscription (amdt. 12)... 782
Poll tax, qualification
(amdt. 24).......... 794.1
Method, prescribed (art. 2,
Sec. 1, cls. 2, 3)............ 762.10-11
(amdt. 12).....................782
Emoluments (art. 2, Sec. 1, cl. 6)........ 762.7
Execution of laws (art. 2, Sec. 3)........ 762.12
Executive power (art. 2, Sec. 1, cl. 1)... 762.1
Impeachment:
Chief Justice presides at trial
(art. 1, Sec. 3, cl. 6)....... 761.12
Grounds (art. 2, Sec. 4).......... 762.13
Inferior officers, appointment (art. 2,
Sec. 2, cl. 2)........................ 762.10
Information and recommendations (art. 2,
Sec. 3)............................... 762.12
Laws, execution (art. 2, Sec. 3).......... 762.12
Ministers:
Appointment (art. 2, Sec. 2, cl.
2)............................ 762.10
Reception (art. 2, Sec. 3)........ 762.12
Oath (art. 2, Sec. 1, cl. 7).............. 762.8
Officers of U.S.:
Commissioning (art. 2, Sec. 3).... 762.12
Inferior, appointment (art. 2,
Sec. 2, cl. 2)................ 762.10
Pardoning power (art. 2, Sec. 2, cl. 1)... 762.9
Qualifications (art. 2, Sec. 1, cl. 4).... 762.5
Removal from office:
Successor (amdt. 25, Sec. 1)...... 795.1
Vice President to discharge duties
(art. 2, Sec. 1, cl. 5)....... 762.6
Resignation, successor (amdt. 25, Sec. 1). 795.1
Salary (art. 2, Sec. 1, cl. 6)............ 762.7
Succession:
Death of President-elect (amdt.
20, Sec. 3)................... 790.3
Duties (amdt. 25)................. 795
Term (art. 2, Sec. 1, cl. 1).............. 762.1
(amdt. 20, Sec. 1).............790.1
Treaties (art. 2, Sec. 2, cl. 2).......... 762.10
Vacancies, temporary appointments (art. 2,
Sec. 2, cl. 1)........................ 762.9
Vacancies in office, successor (amdt. 25). 795
Vacancy in office of Vice
President:
Nomination of successor (amdt. 25,
Sec. 2)....................... 795.2
Veto (art. 1, Sec. 7, cl. 2).............. 761.23
President of Senate (art. 1, Sec. 3, cl. 4)....... 761.10
President pro tempore of Senate (art. 1, Sec. 3,
cl. 5)........................................ 761.11
Presidential electors:
Ballot (amdt. 12)......................... 782
Certificate (amdt. 12).................... 782
Day of vote (art. 2, Sec. 1, cl. 3)....... 762.4
Disqualifications:
Engaging in rebellion (amdt. 14,
Sec. 3)....................... 784.3
Officers of the U.S. (art. 2,
Sec. 1, cl. 2)................ 762.3
Representatives (art. 2, Sec. 1,
cl. 2)........................ 762.3
Senators (art. 2, Sec. 1, cl. 2).. 762.3
District of Columbia (amdt. 23)........... 793
Meeting (amdt. 12)........................ 782
Number (art. 2, Sec. 1, cl. 2)............ 762.2
Vote:
Restrictions (amdt. 12)........... 782
Time (art. 2, Sec. 1, cl. 3)...... 762.3
Press, freedom of (amdt. 1)....................... 771
Primary election, poll tax (amdt. 24)............. 794
Private property, taking (amdt. 5)................ 775
Privileges and immunities:
Abridgment (amdt. 14, Sec. 1)............. 784.1
Citizens (art. 4, Sec. 2, cl. 1).......... 764.2
Congress, Members (art. 1, Sec. 6, cl. 1). 761.20
Double jeopardy (amdt. 5)................. 775
Prize, rules (art. 1, Sec. 8, cl. 11)............. 761.35
Probable cause, warrants (amdt. 4)................ 774
Progress, promote (art. 1, Sec. cl. 8)............ 761.32
Prohibited powers, reserved (amdt. 10)............ 780
Promote general welfare (preamble)................ 761.1
Property, deprivation (amdt. 14, Sec. 1).......... 784.1
Property of U.S. (art. 4, Sec. 3, cl. 2).......... 764.6
Prosecutions:
Accused, rights of (amdt. 6).............. 776
Jury trial, right to (art. 3, Sec. 2, cls.
2, 3)................................. 763.3-4
(amdt. 6)......................776
Place of trial (art. 3, Sec. 2, cl. 3).... 763.4
Presentment of grand jury (amdt. 5)....... 775
Process, obtaining witnesses (amdt. 6).... 776
Punishment:
Cruel and unusual, prohibited
(amdt. 8)..................... 778
Felonies on high seas (art. 1,
Sec. 8, cl. 10)............... 761.34
Impeachment (art. 1, Sec. 3, cl.
7)............................ 761.13
Laws of nations (art. 1, Sec. 8,
cl. 10)....................... 761.34
Piracy (art. 1, Sec. 8, cl. 10)... 761.34
Treason (art. 3, Sec. 3, cl. 2)... 763.6
Self-incrimination, restriction (amdt. 5). 775
Trial:
Jury (art. 3, Sec. 2, cls. 2, 3).. 763.3-4
(amdt. 6)......................776
Place (art. 3, Sec. 2, cl. 3)..... 763.4
Public (amdt. 6).................. 776
Speedy (amdt. 6).................. 776
Venue (art. 3, Sec. 2, cl. 3)............. 763.4
(amdt. 6)......................776
Witnesses (amdt. 6)....................... 776
Public acts, state, full faith and credit (art. 4,
Sec. 1)....................................... 764.1
Public danger (art. 1, Sec. 10, cl. 2)............ 761.52
Public debt (amdt. 14, Sec. 4).................... 784.4
Public ministers, reception (art. 2, Sec. 3)...... 762.12
Public money (art. 1, Sec. 9, cl. 7).............. 761.49
Public records, State (art. 4, Sec. 1)............ 764.1
Punishment. See Prosecutions.
Q
Qualifications:
Electors:
Poll tax (amdt. 24)............... 794
Representatives (art. 1, Sec. 2,
cl. 1)........................ 761.2
Senators (amdt. 17)............... 787
Members, each House judge (art. 1, Sec. 5,
cl. 1)................................ 761.16
Office (art. 6, cl. 3).................... 766.3
President (art. 2, Sec. 1, cl. 4)......... 762.5
Religious test (art. 6, cl. 3)............ 766.3
Representative (art. 1, Sec. 2, cl. 2).... 761.3
Senator (art. 1, Sec. 3, cl. 3)........... 761.9
Vice President (amdt. 12)................. 782
Quartering soldiers (amdt. 3)..................... 773
Quorum:
House, choosing president (art. 2, Sec. 1) 762.1
(amdt. 12).....................782
Majority to constitute (art. 1, Sec. 5,
cl. 1)................................ 761.16
Senate, choosing vice president (art. 2,
Sec. 1)............................... 762.1
(amdt. 12).....................782
R
Race (amdt. 15, Sec. 1)........................... 785.1
Ratification:
Amendments (art. 5)....................... 765
Constitution (art. 7)..................... 767
By original States.............769
Ratio, representation (art. 1, Sec. 2, cl. 3)..... 761.14
(amdt. 14, Sec. 2)........................ 784.2
Rebellion:
Debts (amdt. 14, Sec. 4).................. 784.4
Habeas corpus (art. 1, Sec. 9, cl. 2)..... 761.44
Participation (amdt. 14, Sec. 3).......... 784.3
Receipts and expenditures, publication (art. 1,
Sec. 9, cl. 7)................................ 761.49
Recess of Senate, appointments (art. 2, Sec. 2,
cl. 3)........................................ 762.11
Reconsideration of bills (art. 1, Sec. 7, cl. 2).. 761.23
Records, State, manner of proving (art. 4, Sec. 1) 764.1
Redress of grievances (amdt. 1)................... 771
Regulating commerce, Congress (art. 1, Sec. 8, cl.
3)............................................ 761.27
Regulations:
Elections, congressional (art. 1, Sec. 4,
cl. 1)................................ 761.14
Land and naval forces (art. 1, Sec. 8, cl.
14)................................... 761.38
Port preference (art. 1, Sec. 9, cl. 6)... 761.48
Religion, establishment, free exercise (amdt. 1).. 771
Religious test (art. 6, cl. 3).................... 766.3
Removal:
Impeachment (art. 1, Sec. 3, cl. 7)....... 761.13
President (art. 2, Sec. 1, cl. 5)......... 762.6
Representation:
Apportionment (art. 1, Sec. 2, cl. 3)..... 761.4
(amdt. 14, Sec. 2).............784.2
Ratio (art. 1, Sec. 2, cl. 3)............. 761.4
Senate, equal suffrage (art. 5)........... 765
Vacancies (art. 1, Sec. 2, cl. 4)......... 761.5
Representatives. See House of Representatives.
Reprieves (art. 2, Sec. 2, cl. 1)................. 762.9
Reprisal. See Letters of marque.
Republican form of government (art. 4, Sec. 4).... 764.7
Reserved powers (amdt. 10)........................ 780
Reserved rights (amdt. 9)......................... 779
Residence requirements. See Qualifications.
Resignation, President (art. 2, Sec. 1, cl. 5).... 762.6
Revenue bills (art. 1, Sec. 7, cl. 1)............. 761.22
Review, after jury trial (amdt. 7)................ 777
Rhode Island (art. 1, Sec. 2, cl. 3).............. 761.4
Right of petition (amdt. 1)....................... 771
Rights reserved (amdt. 10)........................ 780
Rules:
Each House to determine own (art. 1,
Sec. 5, cl. 2)........................ 761.17
Land and naval forces (art. 1, Sec. 8, cl.
14)................................... 761.38
Territory and property of U.S. (art. 4,
Sec. 3, cl. 2)........................ 764.6
S
Salaries. See Compensation.
Science (art. 1, Sec. 8, cl. 8)................... 761.32
Searches and seizures (amdt. 4)................... 774
Senate:
Adjournment:
Limitations (art. 1, Sec. 5, cl.
4)............................ 761.19
Quorum, less than (art. 1, Sec. 5,
cl. 1)........................ 761.16
Advice and consent of:
Appointments:
Ambassadors (art. 2,
Sec. 2, cl. 2)...... 762.10
Consuls (art. 2, Sec. 2,
cl. 2).............. 762.10
Ministers (art. 2, Sec. 2,
cl. 2).............. 762.10
Officers of the U.S. (art.
2, Sec. 2, cl. 2)... 762.10
Supreme Court Justices
(art. 2, Sec. 2, cl.
2).................. 762.10
Treaties (art. 2, Sec. 2, cl. 2).. 762.10
Impeachment:
Judgment (art. 1, Sec. 3, cl. 7).. 761.13
Power to try (art. 1, Sec. 3, cl.
6)............................ 761.12
Journal:
Entries (art. 1, Sec. 7, cl. 2)... 761.23
Required (art. 1, Sec. 5, cl. 3).. 761.18
Legislative power (art. 1, Sec. 1)........ 761.1
Members:
Choosing Senators (art 1, Sec. 3,
cl. 1)........................ 761.7
(amdt. 17).....................787
Classes (art. 1, Sec. 3, cl. 2)... 761.8
Compelling attendance (art. 1,
Sec. 5, cl. 1)................ 761.16
Disorderly behavior, punishment
(art. 1, Sec. 5, cl. 2)....... 761.17
Election:
Electors, qualifications
(amdt. 17).......... 787
(amdt. 24).............. 794
Judge of, returns (art. 1,
Sec. 5, cl. 1)...... 761.16
Time, place, and manner
(art. 1, Sec. 3, cl.
1).................. 761.7
(art. 1, Sec. 4, cl. 1). 761.14
(amdt. 17).............. 787
Eligibility for other offices
(art. 1, Sec. 6, cl. 2)....... 761.21
Expulsion (art. 1, Sec. 5, cl. 2). 761.17
Immunity:
Arrest (art. 1, Sec. 6,
cl. 1).............. 761.20
Speech and debate (art. 1,
Sec. 6, cl. 1)...... 761.20
Oath (art. 6, cl. 3).............. 766.3
Presidential electors, as (art. 2,
Sec. 1, cl. 2)................ 762.2
Privilege from arrest (art. 1,
Sec. 6, cl. 1)................ 761.20
Qualifications (art. 1, Sec. 3,
cl. 3)........................ 761.9
(art. 1, Sec. 6, cl. 2)........761.21
(amdt. 14, Sec. 3).............784.3
Salaries (art. 1, Sec. 6, cl. 1).. 761.20
(amdt. 27).....................797
Term (art. 1, Sec. 3, cl. 1)...... 761.7
(amdt. 17).....................787
Vacancies (art. 1, Sec. 3, cl. 2). 761.8
(amdt. 17).....................787
Votes (amdt. 17).................. 787
Officers, choice (art. 1, Sec. 3, cl. 5).. 761.11
Powers:
Disciplining Members (art. 1,
Sec. 5, cl. 2)................ 761.17
Impeachment trials (art. 1,
Sec. 3, cl. 6)................ 761.12
Judge of elections, returns and
qualifications of Members
(art. 1, Sec. 5, cl. 1)....... 761.16
President pro tempore:
Choice (art. 1, Sec. 3, cl. 5).... 761.11
Disability of President, duties
(amdt. 25).................... 795
President to convene on extraordinary
occasions (art. 2, Sec. 3)............ 762.12
Quorum:
Choosing vice president (art. 2,
Sec. 1)....................... 762.1
(amdt. 12).....................782
Majority to constitute (art. 1,
Sec. 5, cl. 1)................ 761.16
Recess, temporary appointments (art. 2,
Sec. 2, cl. 3)........................ 762.11
Revenue bills, amendments by (art. 1,
Sec. 7, cl. 1)........................ 761.22
Rules, establishment (art. 1, Sec. 5, cl.
2).................................... 761.17
States, equal suffrage in (art. 5)........ 765
Treaties, consent (art, 2, Sec. 2, cl. 2). 762.10
Vice President:
Election (art. 2, Sec. 1)......... 762.1
(amdt. 12).....................782
President of Senate (art. 1,
Sec. 3, cl. 4)................ 761.10
Vote (art. 1, Sec. 3, cl. 4)...... 761.10
Votes:
Each Senator entitled to one (art.
1, Sec. 3, cl. 1)............. 761.7
(amdt. 17).....................787
Entry in Journal (art. 1, Sec. 5,
cl. 3)........................ 761.18
(art. 1, Sec. 7, cl. 2)........761.23
Vice President, none unless
equally divided (art. 1,
Sec. 3, cl. 4)................ 761.10
Servitude:
Involuntary, prohibited (amdt. 13, Sec. 1) 783.1
Right to vote (amdt. 15, Sec. 1).......... 785.1
Session:
Adjournment during (art. 1, Sec. 5, cl. 4) 761.19
Congress, every year (art. 1, Sec. 4, cl.
2).................................... 761.15
Sex, right to vote (amdt. 19)..................... 789
Ships of war, States (art. 1, Sec. 10, cl. 3)..... 761.53
Silver coin, payment (art. 1, Sec. 10, cl. 1)..... 761.51
Slavery prohibited (amdt. 13, Sec. 1)............. 783.1
Slaves:
Congressional power (art. 1, Sec. 9, cl.
1).................................... 761.43
Escape, surrender (art. 4, Sec. 2, cl. 3). 764.4
Payment for, prohibited (amdt. 14, Sec. 4) 784.4
Soldiers, quartering (amdt. 3).................... 773
South Carolina (art. 1, Sec. 2, cl. 3)............ 761.4
Speech:
Freedom of (amdt. 1)...................... 771
Immunity, Congress, Members (art. 1,
Sec. 6, cl. 1)........................ 761.20
State of the Union, President (art. 2, Sec. 3).... 762.12
States:
Acts (art. 4, Sec. 1)..................... 764.1
Admission (art. 4, Sec. 3, cl. 1)......... 764.5
Agreements (art. 1, Sec. 10, cl. 3)....... 761.53
Alliances (art. 1, Sec. 10, cl. 1)........ 761.51
Bills of attainder (art. 1, Sec. 10, cl.
1).................................... 761.51
Cases in which party (art. 3, Sec. 2, cl.
2).................................... 763.3
Citizens (art. 4, Sec. 2, cl. 1).......... 764.2
Coining money (art. 1, Sec. 10, cl. 1).... 761.51
Confederations (art. 1, Sec. 10, cl. 1)... 761.51
Consolidation (art. 4, Sec. 3, cl. 1)..... 764.1
Contract, impairment (art. 1, Sec. 10, cl.
1).................................... 761.51
Controversies (art. 3, Sec. 2, cl. 1)..... 763.2
(amdt. 11).............................. 781
Domestic violence (art. 4, Sec. 4)........ 764.7
Due process (amdt. 14, Sec. 1)............ 784.1
Equal protection (amdt. 14, Sec. 1)....... 784.1
Executive authority, vacancies, Senate
(amdt. 17)............................ 787
Exportations (art. 1, Sec. 9, cl. 5)...... 761.47
Ex post facto law (art. 1, Sec. 10, cl. 1) 761.51
Formation (art. 4, Sec. 3, cl. 1)......... 764.5
Import and export duties (art. 1, Sec. 10,
cl. 2)................................ 761.52
Interstate commerce (art. 1, Sec. 8, cl.
3).................................... 761.27
Invasion, protection (art. 4, Sec. 4)..... 764.7
Judicial proceedings (art. 4, Sec. 1)..... 764.1
Legal tender (art. 1, Sec. 10, cl. 1)..... 761.51
Legislatures:
Amending constitution (art. 5).... 765
Invasions, application for
protection (art. 4, Sec. 4)... 764.7
Members, oath (art. 6, cl. 3)..... 766.3
Letters of marque and reprisal (art. 1,
Sec. 10, cl. 1)....................... 761.51
Officers:
Congress, reduced representation
(amdt. 14, Sec. 2)............ 784.2
Oath (art. 6, cl. 3).............. 766.3
Qualifications (amdt. 14, Sec. 3). 784.3
Poll tax (amdt. 24)....................... 794
Port preferences (art. 1, Sec. 9, cl. 6).. 761.48
Powers:
Militia (art. 1, Sec. 8, cl. 16).. 761.40
Reserved to (amdt. 10)............ 780
Ratification:
Amendments to Constitution (art.
5)............................ 765
Constitution (art. 7)............. 767
By original States.............769
Records (art. 4, Sec. 1).................. 764.1
Representatives in Congress:
Reduction (amdt. 14, Sec. 2)...... 784.2
Vacancies (art. 1, Sec. 2, cl. 4). 761.3
Republican form of government (art. 4,
Sec. 4)............................... 764.7
Senate, equal suffrage (art. 5)........... 765
Ships of war (art. 1, Sec. 10, cl. 3)..... 761.53
Suffrage:
Abridgment (amdt. 15, Sec. 1)..... 785.1
Eighteen-year-olds (amdt. 26)..... 796
Poll tax (amdt. 24)............... 794
Titles of nobility (art. 1, Sec. 10, cl.
1).................................... 761.51
Tonnage duties (art. 1, Sec. 10, cl. 3)... 761.53
Treaties (art. 1, Sec. 10, cl. 1)......... 761.51
Troops (art. 1, Sec. 10, cl. 3)........... 761.53
Vessels (art. 1, Sec. 9, cl. 6)........... 761.48
War (art. 1, Sec. 10, cl. 3).............. 761.53
Succession, Presidential (amdt. 25)............... 795
Suffrage:
Abridgment (amdt. 15, Sec. 1)............. 785.1
Eighteen-year-olds (amdt. 26)............. 796
Poll tax (amdt. 24)....................... 794
Sex (amdt. 19)............................ 789
State deprivation (art. 5)................ 765
Sundays, President, bills (art. 1, Sec. 7, cl. 2). 761.23
Suppression of insurrection:
Congress (art. 1, Sec. 8, cl. 15)......... 761.39
Public debt (amdt. 14, Sec. 4)............ 784.4
Supreme Court:
Chief Justice, impeachment (art. 1,
Sec. 3, cl. 6)........................ 761.12
Inferior tribunals, Congress (art. 1,
Sec. 8, cl. 9)........................ 761.33
Judicial power:
Scope (art. 3, Sec. 2, cl. 1)..... 763.2
Vested in (art. 3, Sec. 1)........ 763.1
Jurisdiction:
Appellate, Congress (art. 3,
Sec. 2, cl. 2)................ 763.3
Original (art. 3, Sec. 2, cl. 2).......... 763.3
Justices:
Appointment (art. 2, Sec. 2, cl.
2)............................ 762.10
Compensation (art. 3, Sec. 1)..... 763.1
Good behavior, hold office during
(art. 3, Sec. 1).............. 763.1
Supreme law of the land:
State judges bound (art. 6, cl. 2)........ 766.2
What constitutes (art. 6, cl. 2).......... 766.2
T
Taxes:
Apportionment (art. 1, Sec. 9, cl. 4)..... 761.46
Congress (art. 1, Sec. 8, cl. 1).......... 761.25
Direct taxes (art. 1, Sec. 2, cl. 3)...... 761.2
Income tax (amdt. 16)..................... 786
Poll tax (amdt. 24)....................... 794
Slave traffic (art. 1, Sec. 9, cl. 1)..... 761.43
State:
Duties (art. 1, Sec. 10, cl. 2)... 761.52
Exportations (art. 1, Sec. 9, cl.
5)............................ 761.47
Uniformity (art. 1, Sec. 8, cl. 1)........ 761.25
Term of office:
President (art. 2, Sec. 1, cl. 1)......... 762.1
Representative in Congress (art. 1,
Sec. 2, cl. 1)........................ 761.2
Office created during term (art.
1, Sec. 6, cl. 2)............. 761.21
Senator (art. 1, Sec. 3, cl. 1)........... 761.7
Office created during term (art.
1, Sec. 6, cl. 2)............. 761.21
Vice President (art. 2, Sec. 1, cl. 1).... 762.1
Territories (art. 4, Sec. 3, cl. 2)............... 764.6
Testimony, treason (art. 3, Sec. 3, cl. 1)........ 763.5
Tie vote, Senate (art. 1, Sec. 3, cl. 4).......... 761.10
Title of nobility:
Office holder (art. 1, Sec. 9, cl. 8)..... 761.50
States (art. 1, Sec. 10, cl. 1)........... 761.51
United States (art. 1, Sec. 9, cl. 8)..... 761.50
Tonnage, duty (art. 1, Sec. 10, cl. 3)............ 761.53
Treason:
Attainder (art. 3, Sec. 3, cl. 2)......... 763.6
Confession (art. 3, Sec. 3, cl. 1)........ 763.5
Definition (art. 3, Sec. 3, cl. 1)........ 763.5
Extradition (art. 4, Sec. 2, cl. 2)....... 764.3
Impeachment for (art. 2, Sec. 4).......... 762.13
Proof required (art. 3, Sec. 3, cl. 1).... 763.5
Punishment (art. 3, Sec. 3, cl. 2)........ 763.6
Representatives, arrest for (art. 1,
Sec. 6, cl. 1)........................ 761.20
Senators, arrest for (art. 1, Sec. 6, cl.
1).................................... 761.20
Treasury:
State duties and imposts (art. 1, Sec. 10,
cl. 2)................................ 761.52
Withdrawing money from (art. 1, Sec. 9,
cl. 7)................................ 761.49
Treaties:
Courts, jurisdiction (art. 3, Sec. 2, cl.
1).................................... 763.2
President (art. 2, Sec. 2, cl. 2)......... 762.10
Senate, advice and consent (art. 2,
Sec. 2, cl. 2)........................ 762.10
States (art. 1, Sec. 10, cl. 1)........... 761.51
Supremacy (art. 6, cl. 2)................. 766.2
Trial:
Jury (art. 3, Sec. 2, cls. 2, 3).......... 763.3-4
(amdt. 6)......................776
Place (art. 3, Sec. 2, cl. 3)............. 763.4
Public (amdt. 6).......................... 776
Speedy (amdt. 6).......................... 776
U
Uniformity:
Bankruptcy (art. 1, Sec. 8, cl. 4)........ 761.28
Duties (art. 1, Sec. 8, cl. 1)............ 761.25
Naturalization (art. 1, Sec. 8, cl. 4).... 761.28
Taxes (art. 1, Sec. 8, cl. 1)............. 761.25
Unusual punishments (amdt. 8)..................... 788
V
Venue (amdt. 6)................................... 776
Vessels (art. 1, Sec. 9, cl. 6)................... 761.48
Veto (amdt. 1, Sec. 7, cl. 2)..................... 761.23
Vice President:
Acting President (amdt. 25, Sec. 3)....... 795.3
(amdt. 25, Sec. 4).............795.4
Congress, confirmation (amdt. 25, Sec. 2). 795.2
Discharging duties of President (art. 2,
Sec. 1, cl. 5)........................ 762.6
District of Columbia, electors (amdt. 23). 793
Election:
Abridgment of right to vote for
(amdt. 14, Sec. 2)............ 784.2
Electors, limitations (amdt. 12).. 782
Method (art. 2, Sec. 1, cls. 2, 3) 762.2-3
(amdt. 12).....................782
Impeachment (art. 2, Sec. 4).............. 762.13
Poll tax (amdt. 24)....................... 794
President of Senate (art. 1, Sec. 3, cl.
4).................................... 761.10
Qualifications (amdt. 12)................. 782
Senate, absence, President pro tempore
(art. 1, Sec. 3, cl. 5)............... 761.11
Succession to Presidency (amdt. 25)....... 795
Term (art. 2, Sec. 1, cl. 1).............. 762.1
(amdt. 20, Sec. 1).............790
Vacancy:
Confirmation (amdt. 25, Sec. 2)... 795.2
Nomination (amdt. 25, Sec. 2)..... 795.2
Virginia (art. 1, Sec. 2, cl. 3).................. 761.4
Vote, abridgment of right to, prohibited:
Eighteen years or older (amdt. 26, Sec. 1) 796.1
Failure to pay poll tax (amdt. 24, Sec. 1) 794.1
Race, color (amdt. 15, Sec. 1)............ 785.1
Sex (amdt. 19)............................ 789
Vote of two-thirds:
Amendments to Constitution, proposed (art.
5).................................... 765
Bills vetoed (art. 1, Sec. 7, cl. 2)...... 761.23
Conviction on impeachment (art. 1, Sec. 3,
cl. 6)................................ 761.12
Expel Member of Congress (art. 1, Sec. 5,
cl. 2)................................ 761.17
Senate, treaties (art. 2, Sec. 2, cl. 2).. 762.10
Removal of disability (amdt. 14, Sec. 3).. 784.3
W
War:
Congress, to declare (art. 1, Sec. 8, cl.
11)................................... 761.35
In time of:
Jury presentment (amdt. 5)........ 775
Quartering soldiers (amdt. 3)..... 773
Levy against United States, treason (art.
3, Sec. 3, cl. 1)..................... 763.5
State (art. 1, Sec. 10, cl. 2)............ 761.52
Warrants, requisites (amdt. 4).................... 774
Weights and measures, Congress (art. 1, Sec. 8,
cl. 5)........................................ 761.29
Witnesses:
Confrontation, right of (amdt. 6)......... 776
Self-incrimination (amdt. 5).............. 775
Treason (art. 3, Sec. 3, cl. 1)........... 763.5
Women, right to vote (amdt. 19)................... 789
Writ of habeas corpus (art. 1, Sec. 9, cl. 2)..... 761.44
Writings, copyright, Congress (art. 1, Sec. 8, cl.
8)............................................ 761.32
Writs, election (art. 1, Sec. 2, cl. 4)........... 761.5
Writs of error (amdt. 7).......................... 777
Y
Yea and nay votes, Congress:
Entered on journal (art. 1, Sec. 5, cl. 3) 761.18
Vetoed measure, reconsideration (art. 1,
Sec. 7, cl. 2)........................ 761.23
?
===========================================================_
STATISTICAL DATA
===========================================================_
See footnotes at end of
table.
------------------------------------------------------------
PRESIDENTS PRO TEMPORE OF THE SENATE
FROM THE FIRST CONGRESS TO END OF SECOND SESSION OF THE ONE
HUNDRED SIXTH CONGRESS
------------------------------------------------------------
[In earlier years the appointment or election of a President
pro tempore was held by the Senate to be for the
occasion only, so that more than one appears in several
sessions and in others none were chosen. Since Mar. 12,
1890, however, they have served until ``the Senate
otherwise ordered.'']
----------------------------------------------------------------------------------------------------------------
Name of President pro
Congress tempore State Elected
----------------------------------------------------------------------------------------------------------------
First................................ John Langdon........... New Hampshire.......... Apr. 6, 1789.
Second............................... Richard Henry Lee...... Virginia............... Apr. 18, 1792.
Do............................... John Langdon........... New Hampshire.......... Nov. 5, 1792.
Mar. 1, 1793.
Third................................ Ralph Izard\1\......... South Carolina......... May 31, 1794.
Do............................... Henry Tazewell......... Virginia............... Feb. 20, 1795.
Fourth............................... ......do............... ......do............... Dec. 7, 1795.
Do............................... Samuel Livermore....... New Hampshire.......... May 6, 1796.
Do............................... William Bingham........ Pennsylvania........... Feb. 16, 1797.
Fifth................................ William Bradford....... Rhode Island........... July 6, 1797.
Do............................... Jacob Read............. South Carolina......... Nov. 22, 1797.
Do............................... Theodore Sedgwick...... Massachusetts.......... June 27, 1798.
Do............................... John Laurance.......... New York............... Dec. 6, 1798.
Do............................... James Ross............. Pennsylvania........... Mar. 1, 1799.
Sixth................................ Samuel Livermore....... New Hampshire.......... Dec. 2, 1799.
Do............................... Uriah Tracy............ Connecticut............ May 14, 1800.
Do............................... John E. Howard......... Maryland............... Nov. 21, 1800.
Do............................... James Hillhouse........ Connecticut............ Feb. 28, 1801.
Seventh.............................. Abraham Baldwin........ Georgia................ Dec. 7, 1801.
Apr. 17, 1802.
Do............................... Stephen R. Bradley..... Vermont................ Dec. 14, 1802.
Feb. 25, 1803.
Mar. 2, 1803.
Eighth............................... John Brown............. Kentucky............... Oct. 17, 1803.
Jan. 23, 1804.
Do............................... Jesse Franklin......... North Carolina......... Mar. 10, 1804.
Do............................... Joseph Anderson........ Tennessee.............. Jan. 15, 1805.
Feb. 28, 1805.
Mar. 2, 1805.
Ninth................................ Samuel Smith........... Maryland............... Dec. 2, 1805.
Mar. 18, 1806.
Mar. 2, 1807.
Tenth................................ ......do............... ......do............... Apr. 16, 1808.
Do............................... Stephen R. Bradley..... Vermont................ Dec. 28, 1808.
Do............................... John Milledge.......... Georgia................ Jan. 30, 1809.
Eleventh............................. Andrew Gregg........... Pennsylvania........... June 26, 1809.
Do............................... John Gaillard.......... South Carolina......... Feb. 28, 1810.
Reelected Apr. 17,
1810.
Do............................... John Pope.............. Kentucky............... Feb. 23, 1811.
Twelfth.............................. William H. Crawford.... Georgia................ Mar. 24, 1812.
Thirteenth........................... Joseph B. Varnum....... Massachusetts.......... Dec. 6, 1813.
Do............................... John Gaillard.......... South Carolina......... Apr. 18, 1814.
Nov. 25, 1814, upon the
death of Vice
President Elbridge
Gerry.\2\
Fourteenth........................... ......do............... ......do............... Mar. 6, 1817.
Mar. 31, 1818.
Fifteenth............................ ......do.\3\........... ......do............... .......................
Do............................... James Barbour.......... Virginia............... Feb. 15, 1819.
Sixteenth............................ ......do............... ......do............... .......................
Do............................... John Gaillard.......... South Carolina......... Jan. 25, 1820.
Seventeenth.......................... ......do............... ......do............... Feb. 1, 1822.
Feb. 19, 1823.
Eighteenth........................... ......do............... ......do............... May 21, 1824.
Nineteenth........................... ......do.\4\........... ......do............... Mar. 9, 1825.
Do............................... Nathaniel Macon........ North Carolina......... May 20, 1826.
Jan. 2, 1827.
Mar. 2, 1827.
Twentieth............................ Samuel Smith\5\........ Maryland............... May 15, 1828.
Twenty-first......................... ......do............... ......do............... Mar. 13, 1829.\4\
May 29, 1830.
Mar. 1, 1831.\6\
Twenty-second........................ Littleton W. Tazewell.. Virginia............... July 9, 1832.
Do............................... Hugh L. White.......... Tennessee.............. Dec. 3, 1832.
Twenty-third......................... ......do............... ......do............... .......................
Do............................... George Poindexter...... Mississippi............ June 28, 1834.
Do............................... John Tyler............. Virginia............... Mar. 3, 1835.
Twenty-fourth........................ William R. King........ Alabama................ July 1, 1836.
Jan. 28, 1837.
Twenty-fifth......................... ......do............... ......do............... Mar. 7, 1837.\4\
Oct. 13, 1837.
July 2, 1838.
Feb. 25, 1839.
Twenty-sixth......................... ......do.\7\........... ......do............... .......................
July 3, 1840.
Mar. 3, 1841.
Twenty-seventh....................... William R. King\4\..... Alabama................ Mar. 4, 1841.
Do............................... Samuel L. Southard\8\.. New Jersey............. Mar. 11, 1841.
Do............................... Willie P. Mangum....... North Carolina......... May 31, 1842.
Twenty-eighth........................ ......do............... ......do............... .......................
Twenty-ninth......................... Ambrose H. Sevier\9\... Arkansas............... Dec. 27, 1845.
Do............................... David R. Atchison...... Missouri............... Aug. 8, 1846.
Jan. 11, 1847.
Mar. 3, 1847.
Thirtieth............................ ......do............... ......do............... Feb. 2, 1848.
June 1, 1848.
June 26, 1848.
July 29, 1848.
Dec. 26, 1848.
Mar. 2, 1849.
Thirty-first......................... David R. Atchison\4\... Missouri............... Mar. 5, 1849.
Mar. 16, 1849.
Do............................... William R. King........ Alabama................ May 6, 1850.
July 11, 1850.
Thirty-second........................ ......do.\10\.......... ......do............... .......................
Thirty-second.................... David R. Atchison...... Missouri............... Dec. 20, 1852.
Thirty-third......................... ......do.\4\........... ......do............... Mar. 4, 1853.
Do............................... Lewis Cass\11\......... Michigan............... Dec. 4, 1854.
Do............................... Jesse D. Bright........ Indiana................ Dec. 5, 1854.
Thirty-fourth........................ ......do.\12\.......... ......do............... June 11, 1856.
Do............................... Charles E. Stuart\13\.. Michigan............... June 9, 1856.
Do............................... James M. Mason\14\..... Virginia............... Jan. 6, 1857.
Thirty-fifth......................... ......do.\4\........... ......do............... Mar. 4, 1857.
Do............................... Thomas J. Rusk\4\...... Texas.................. Mar. 14, 1857.
Do............................... Benjamin Fitzpatrick... Alabama................ Dec. 7, 1857.
Mar. 29, 1858.
June 14, 1858.
Jan. 25, 1859.
Thirty-sixth......................... ......do............... ......do............... Mar. 9, 1859.\4\
Dec. 19, 1859.
Feb. 20, 1860.\4\
June 26, 1860.
Do............................... Jesse D. Bright........ Indiana................ June 12, 1860.
Do............................... Solomon Foot........... Vermont................ Feb. 16, 1861.
Thirty-seventh....................... Solomon Foot........... ......do............... Mar. 23, 1861.\4\
July 18, 1861.
Jan. 15, 1862.
Mar. 31, 1862.
June 19, 1862.
Feb. 18, 1863.
Thirty-eighth........................ ......do............... ......do............... Mar. 4, 1863.\4\
Dec. 18, 1863.
Feb. 23, 1864.
Apr. 11, 1864.
Do............................... Daniel Clark........... New Hampshire.......... Apr. 26, 1864.
Feb. 9, 1865.
Thirty-ninth......................... Layfayette S. Connecticut............ Mar. 7, 1865.
Foster\15\.
Do............................... Benjamin F. Wade....... Ohio................... Mar. 2, 1867.
Fortieth............................. ......do............... ......do............... .......................
Forty-first.......................... Henry B. Anthony....... Rhode Island........... Mar. 23, 1869.
Apr. 9, 1869.
May 28, 1870.
July 1, 1870.
July 14, 1870.
Forty-second......................... ......do............... ......do............... Mar. 10, 1871.
Apr. 17, 1871.
May 23, 1871.\4\
Dec. 21, 1871.
Feb. 23, 1872.
June 8, 1872.
Do............................... ......do............... ......do............... Dec. 4, 1872.
Dec. 13, 1872.
Dec. 20, 1872.
Jan. 24, 1873.
Forty-third.......................... Matthew H. Carpenter... Wisconsin.............. Mar. 12, 1873.\4\
Mar. 26, 1873.\4\
Dec. 11, 1873.
Dec. 23, 1874.
Do............................... Henry B. Anthony....... Rhode Island........... Jan. 23, 1875.
Feb. 15, 1875.
Forty-fourth......................... Thomas W. Ferry........ Michigan............... Mar. 9, 1875.\4\
Mar. 19, 1875.\4\
Dec. 20, 1875.
Forty-fifth.......................... ......do............... ......do............... Mar. 5, 1877.\4\
Feb. 26, 1878.
Apr. 17, 1878.
Mar. 3, 1879.
Forty-sixth.......................... Allen G. Thurman....... Ohio................... Apr. 15, 1879.
Apr. 7, 1880.
May 6, 1880.
Forty-seventh........................ Thomas F. Bayard....... Delaware............... Oct. 10, 1881.\4\
Do............................... David Davis\16\........ Illinois............... Oct. 13, 1881.
Do............................... George F. Edmunds...... Vermont................ Mar. 3, 1883.
Forty-eighth......................... ......do.\17\.......... ......do............... Jan. 14, 1884.
Forty-ninth.......................... John Sherman\18\....... Ohio................... Dec. 7, 1885.
Do............................... John J. Ingalls........ Kansas................. Feb. 25, 1887.
Fiftieth............................. ......do............... ......do............... .......................
Fifty-first.......................... ......do............... ......do............... Mar. 7, 1889.\4\
Apr. 2, 1889.\4\
Feb. 28, 1890.
Apr. 3, 1890.\19\
Do............................... Charles F. Manderson... Nebraska............... Mar. 2, 1891.
Fifty-second......................... ......do............... ......do............... .......................
Fifty-third.......................... ......do.\20\.......... ......do............... .......................
Do............................... Isham G. Harris\4\..... Tennessee.............. Mar. 22, 1893.
Do............................... Matt W. Ransom\21\..... North Carolina......... Jan. 7, 1895.
Do............................... Isham G. Harris........ Tennessee.............. Jan. 10, 1895.
Fifty-fourth......................... William P. Frye........ Maine.................. Feb. 7, 1896.
Fifty-fifth.......................... ......do............... ......do............... .......................
Fifty-sixth.......................... ......do............... ......do............... .......................
Fifty-seventh........................ ......do............... ......do............... Mar. 7, 1901.\4\
Fifty-eighth......................... ......do............... ......do............... .......................
Fifty-ninth.......................... ......do............... ......do............... .......................
Sixtieth............................. ......do............... ......do............... Dec. 5, 1907.
Sixty-first.......................... ......do............... ......do............... .......................
Sixty-second......................... ......do.\22\.......... ......do............... .......................
Do............................... Charles Curtis\23\..... Kansas................. Dec. 4, 1911.
Do............................... Augustus O. Bacon\24\.. Georgia................ Jan. 15, 1912.
Do............................... Jacob H. Gallinger\25\. New Hampshire.......... Feb. 12, 1912.
Do............................... Henry Cabot Lodge\26\.. Massachusetts.......... Mar. 25, 1912.
Do............................... Frank B. Brandegee\27\. Connecticut............ May 25, 1912.
Sixty-third.......................... James P. Clarke........ Arkansas............... Mar. 13, 1913.\4\
Sixty-fourth......................... ......do.\28\.......... ......do............... Dec. 6, 1915.
Do............................... Willard Saulsbury...... Delaware............... Dec. 14, 1916.
Sixty-fifth.......................... ......do............... ......do............... .......................
Sixty-sixth.......................... Albert B. Cummins...... Iowa................... May 19, 1919.
Sixty-seventh........................ ......do............... ......do............... Mar. 7, 1921.\4\
Sixty-eighth......................... ......do............... ......do............... .......................
Sixty-ninth.......................... ......do............... ......do............... .......................
Do............................... George H. Moses........ New Hampshire.......... Mar. 6, 1925.\4\
Seventieth........................... ......do............... ......do............... Dec. 15, 1927.
Seventy-first........................ ......do............... ......do............... .......................
Seventy-second....................... ......do............... ......do............... .......................
Seventy-third........................ Key Pittman............ Nevada................. Mar. 9, 1933.
Seventy-fourth....................... ......do............... ......do............... Jan. 7, 1935.
Seventy-fifth........................ ......do............... ......do............... .......................
Seventy-sixth........................ ......do.\29\.......... ......do............... .......................
Do............................... William H. King........ Utah................... Nov. 19, 1940.
Seventy-seventh...................... Pat Harrison\30\....... Mississippi............ Jan. 6, 1941.
Do............................... Carter Glass........... Virginia............... July 10, 1941.
Seventy-eighth....................... ......do............... ......do............... Jan. 5, 1943.
Seventy-ninth........................ Kenneth McKellar....... Tennessee.............. Jan. 6, 1945.
Eightieth............................ Arthur H. Vandenberg... Michigan............... Jan. 4, 1947.
Eighty-first......................... Kenneth McKellar....... Tennessee.............. Jan. 3, 1949.
Eighty-second........................ ......do............... ......do............... .......................
Eighty-third......................... Styles Bridges......... New Hampshire.......... Jan. 3, 1953.
Eighty-fourth........................ Walter F. George....... Georgia................ Jan. 5, 1955.
Eighty-fifth......................... Carl Hayden............ Arizona................ Jan. 3, 1957.
Eighty-sixth......................... ......do............... ......do............... .......................
Eighty-seventh....................... ......do............... ......do............... .......................
Eighty-eighth........................ ......do............... ......do............... .......................
Eighty-ninth......................... ......do............... ......do............... .......................
Ninetieth............................ ......do............... ......do............... .......................
Ninety-first......................... Richard B. Russell \31\ Georgia................ Jan. 3, 1969.
Ninety-second........................ ......do............... ......do............... .......................
Do............................... Allen J. Ellender \32\. Louisiana.............. Jan. 22, 1971.
Do............................... James O. Eastland...... Mississippi............ July 28, 1972.
Ninety-third......................... ......do............... ......do............... .......................
Ninety-fourth........................ ......do............... ......do............... .......................
Ninety-fifth......................... ......do............... ......do............... .......................
Ninety-sixth......................... Warren G. Magnuson..... Washington............. Jan. 15, 1979.
Do............................... Milton R. Young\33\.... North Dakota........... Dec. 4, 1980.
Ninety-seventh....................... Strom Thurmond......... South Carolina......... Jan. 5, 1981.
Ninety-eighth........................ ......do............... ......do............... .......................
Ninety-ninth......................... ......do............... ......do............... .......................
One-hundredth........................ John C. Stennis........ Mississippi............ Jan. 6, 1987.
One-hundred-first.................... Robert C. Byrd......... West Virginia.......... Jan. 3, 1989.
One-hundred-second................... ......do............... ......do............... .......................
One-hundred-third.................... ......do............... ......do............... .......................
One-hundred-fourth................... Strom Thurmond......... South Carolina......... Jan. 4, 1995.
One-hundred-fifth.................... ......do............... ......do............... .......................
One-hundred-sixth.................... ......do............... ......do............... .......................
----------------------------------------------------------------------------------------------------------------
\1\Samuel Livermore was elected Feb. 20, 1795, but declined.
\2\Vice President Gerry died in preceding Congress.
\3\Continuing from preceding session; elected Mar. 6, 1817 (special session of the Senate).
\4\Special session of the Senate.
\5\Nathaniel Macon, of North Carolina, was first elected on the same day, but declined to serve.
\6\Littleton W. Tazewell, of Virginia, was first elected, but declined to serve.
\7\Continuing from preceding session.
\8\Special session of the Senate. Resigned as President pro tempore May 31, 1842.
\9\Served as President pro tempore 1 day, under designation by the Vice President.
\10\Resigned as President pro tempore Dec. 20, 1852.
\11\For 1 day only.
\12\Continued from preceding Congress.
\13\Served June 5, 1856; resigned June 11, 1856.
\14\Served Jan. 5, 1856.
\15\Special session of the Senate. Elected ``to serve in the absence of the Vice President'' and served until
Mar. 2, 1867.
\16\Special session of the Senate. Resigned Mar. 3, 1883.
\17\Reelected.
\18\Resigned, effective Feb. 26, 1887.
\19\Resigned as President pro tempore, effective Mar. 2, 1891.
\20\Resigned as President pro tempore Mar. 22, 1893.
\21\Resigned as President pro tempore Jan. 10, 1895.
\22\Resigned as President pro tempore Apr. 27, 1911.
\23\Elected to serve Dec. 4 to 12, 1911.
\24\Elected to serve Jan. 15 to 17, Mar. 11 and 12, Apr. 8, May 10, May 30 to June 3, June 13 to July 5, Aug. 1
to 10, and Aug. 27 to Dec. 15, 1912; Jan. 5 to 18 and Feb. 2 to 15, 1913.
\25\Elected to serve Feb. 12 to 14, Apr. 26 and 27, May 7, July 6 to 31, Aug. 12 to 26, 1912; Dec. 16, 1912, to
Jan. 4, 1913; Jan 19 to Feb. 1 and Feb. 16 to Mar. 3, 1913.
\26\Elected to serve Mar. 25 and 26, 1912.
\27\Elected to serve May 25, 1912.
\28\Died Oct. 1, 1916.
\29\Died Nov. 10, 1940.
\30\Died June 22, 1941.
\31\Died Jan. 21, 1971.
\32\Died July 27, 1972.
\33\Elected to serve for one day only (Dec. 5, 1980).
deputy president pro tempore of the senate
[798.3]
798.3
deputy president pro tempore of the senate\1\
----------------------------------------------------------------------------------------------------------------
Congress Name State Elected
----------------------------------------------------------------------------------------------------------------
95th................................. Hubert H. Humphrey\2\.. Minnesota.............. Jan. 11, 1977
(effective Jan. 5,
1977).
100th \3\............................ George J. Mitchell..... Maine.................. Jan. 28, 1987.
----------------------------------------------------------------------------------------------------------------
\1\This office was established by S. Res. 17, 95-1, agreed to Jan. 10, 1977 (effective Jan. 5, 1977). The
resolution provided that ``[a]ny Member of the Senate who has held the Office of President of the United
States or Vice President of the United States shall be a Deputy President pro tempore''.
\2\Died Jan. 13, 1978.
\3\ S. Res. 90, 100-1, agreed to Jan. 28, 1987, provided that in addition to Senators who hold the Office of
Deputy President pro tempore under authority of S. Res. 17, 95-1, any other Member of the Senate designated by
Senate resolution shall hold the office at the pleasure of the Senate during the 100th Congress. Senator
Mitchell was so designated by S. Res. 91, agreed to the same date.
798.5
permanent acting president pro tempore of the senate\1\
----------------------------------------------------------------------------------------------------------------
Congress Name State Elected
----------------------------------------------------------------------------------------------------------------
88th-95th............................ Lee Metcalf \2\........ Montana................ Feb. 7, 1964.
----------------------------------------------------------------------------------------------------------------
\1\Development of this office started in 1963 upon adoption of S. Res. 232 and S. Res. 238, making Senator
Metcalf Permanent Acting President pro tempore from Dec. 9, 1963, until meeting of the second regular session
of the 88th Congress. On Feb. 7, 1964, S. Res. 296 was adopted authorizing Senator Metcalf ``to perform the
duties of the Chair as Acting President pro tempore until otherwise ordered by the Senate.''
\2\Died Jan. 12, 1978.
------------------------------------------------------------
SENATORS OF THE UNITED STATES
FROM THE FIRST CONGRESS TO THE END OF THE SECOND SESSION OF
THE ONE HUNDRED SIXTH CONGRESS
------------------------------------------------------------
CLASSIFICATION OF SENATORS
Under Article I, section 3, clause 2, of the
Constitution of the United States, relating to the
classification of Senators in the First and succeeding
Congresses, it was provided that, ``Immediately after they
shall be assembled in consequence of the first election they
shall be divided as equally as may be into three classes.
The seats of the Senators of the first class shall be
vacated at the expiration of the second year, of the second
class at the expiration of the fourth year, and of the third
class at the expiration of the sixth year, so that one-third
may be chosen every second year.'' The classification of the
Senators of the First Congress was made in accordance with
this provision by lot. The following table shows the classes
to which the Senators of the First Congress, and from States
subsequently admitted into the Union, were severally
assigned, and the succession in each State to the end of the
second session of the One hundred sixth Congress.
TERMS OF SENATORS
Technically, pursuant to the Twentieth Amendment to the
Constitution of the United States, ratified January 23,
1933, the terms of Members of the Senate commence at noon on
the third day of January and end six years later at noon on
the third day of January. In view of the impracticality of
dealing with split days, however, it has been the long
established practice for payment of salaries, computation of
allowances, and recording of service to credit a Member for
the full day of the third of January and to consider the
term as ended at the close of business on the second of
January six years later. Accordingly, the service of Members
of the Senate is shown on that basis in the following
tables.
TABLE OF SENATORS FROM THE FIRST CONGRESS TO THE SECOND
SESSION OF THE ONE HUNDRED SIXTH CONGRESS
Footnotes continued on next
page.
800 801
800 801
ALABAMA
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
16th-29th....................... William R. King... Dec. 14, 1819 Mar. 3, 1847 Res. Apr. 15, 1844.
28th............................ Dixon H. Lewis.... Apr. 22, 1844 Dec. 9, 1844 By gov., to fill vac.
28th-32d........................ ......do.......... Dec. 10, 1844 Mar. 3, 1853 Died Oct. 25, 1848.
30th-31st....................... Benjamin Nov. 25, 1848 Nov. 30, 1849 By gov., to fill vac.
Fitzpatrick.
31st-32d........................ Jeremiah Clemens.. Nov. 30, 1849 Mar. 3, 1853 ......................
33d-38th........................ Clement Claiborne Mar. 4, 1853 Mar. 3, 1865 ......................
Clay, Jr.\1\.
40th-41st....................... Willard Warner\2\. June 25, 1868 Mar. 3, 1871 ......................
42d-44th........................ George Mar. 4, 1871 Mar. 3, 1877 ......................
Goldthwaite\3\.
45th-62d........................ John T. Morgan.... Mar. 4, 1877 Mar. 3, 1913 Died June 11, 1907.
60th............................ John H. June 18, 1907 July 15, 1907 ......................
Bankhead\4\.
60th-68th....................... ......do.......... July 16, 1907 Mar. 3, 1925 Died Mar. 1, 1920.
66th............................ Braxton B. Comer.. Mar. 5, 1920 Nov. 2, 1920 By gov., to fill vac.
66th-71st....................... J. Thomas Heflin.. Nov. 2, 1920 Mar. 3, 1931 ......................
72d-80th........................ John H. Bankhead, Mar. 4, 1931 Jan. 2, 1949 Died June 12, 1946.
2d.
79th............................ George R. Swift\5\ June 15, 1946 Nov. 5, 1946 ......................
79th-95th....................... John Sparkman\6\.. Nov. 6, 1946 Jan. 2, 1979 ......................
96th-104th...................... Howell Heflin..... Jan. 3, 1979 Jan. 2, 1997 ......................
105th-107th..................... Jeff Sessions..... Jan. 3, 1997 Jan. 2, 2003 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
16th-18th....................... John W. Walker.... Dec. 14, 1819 Mar. 3, 1825 Res. Dec. 12, 1822.
17th-18th....................... William Kelly..... Dec. 12, 1822 Do. ......................
19th-21st....................... Henry H. Chambers. Mar. 4, 1825 Mar. 3, 1831 Died Jan. 25, 1826.
19th............................ Israel Pickens.... Feb. 17, 1826 Nov. 27, 1826 By gov., to fill vac.
19th-21st....................... John McKinley..... Nov. 27, 1826 Mar. 3, 1831 ......................
22d-24th........................ Gabriel Moore..... Mar. 4, 1831 Mar. 3, 1837 ......................
25th............................ John McKinley..... Mar. 4, 1837 Mar. 3, 1843 Res. Apr. 22, 1837.
25th-27th....................... Clement Comer Clay June 19, 1837 Do. Res. Nov. 15, 1841.
27th-30th....................... Arthur P. Bagby... Nov. 24, 1841 Mar. 3, 1849 Res. June 16, 1848
30th............................ William R. King... July 1, 1848 Do. By gov., to fill vac.
31st-33d........................ ......do.......... Mar. 4, 1849 Mar. 3, 1855 Res. Dec. 20, 1852.
32d-33d......................... Benjamin Jan. 14, 1853 Dec. 11, 1853 By gov., to fill vac.
Fitzpatrick.
33d-36th........................ ......do.\7\...... Dec. 12, 1853 Mar. 3, 1861 ......................
40th-45th....................... George E. June 25, 1868 Mar. 3, 1879 ......................
Spencer\8\.
46th-48th....................... George S. Houston. Mar. 4, 1879 Mar. 3, 1885 Died Dec. 31, 1879.
46th............................ Luke Pryor........ Jan. 7, 1880 Nov. 23, 1880 By gov., to fill vac.
46th-54th....................... James L. Pugh..... Nov. 24, 1880 Mar. 3, 1897 ......................
55th-60th....................... Edmund W. Pettus.. Mar. 4, 1897 Mar. 3, 1909 Died July 27, 1907.
60th-63d........................ Joseph F. Aug. 6, 1907 Mar. 3, 1915 ......................
Johnston\9\.
63d............................. Francis S. White.. May 11, 1914 Do. ......................
64th-69th....................... Oscar W. Underwood Mar. 4, 1915 Mar. 3, 1927 ......................
70th-75th....................... Hugo Black........ Mar. 4, 1927 Jan. 3, 1939 Res. Aug. 19, 1937.
75th............................ Mrs. Dixie Bibb Aug. 20, 1937 Do. ......................
Graves\10\.
75th-90th....................... Lister Hill\11\... Jan. 11, 1938 Jan. 2, 1969 By gov., to fill vac.
91st-96th....................... James B. Allen.... Jan. 3, 1969 Jan. 2, 1981 Died June 1, 1978.
95th............................ Maryon Pittman June 8, 1978 Nov. 7, 1978 ......................
Allen\12\.
95th-96th....................... Donald W. Nov. 8, 1978 Jan. 2, 1981
Stewart\13\.
96th-99th....................... Jeremiah Jan. 2, 1981 Jan. 2, 1987
Denton\14\.
100th-108th..................... Richard C. Shelby. Jan. 3, 1987 Jan. 2, 2005 ......................
----------------------------------------------------------------------------------------------------------------
\1\Retired from the Senate Jan. 21, 1861. Seat declared vacant Mar. 14, 1861. Vacancy from Jan. 21, 1861, to
June 25, 1868, because of Civil War.
\2\By legislature, to fill vacancy in term beginning Mar. 4, 1865.
\3\Not sworn in until Jan. 15, 1872, because of protest.
\4\By governor, to fill vacancy; not sworn.
\5\By governor, to fill vacancy. Resigned Nov. 5, 1946.
\6\Elected Nov. 5, 1946, to fill vacancy in term ending Jan. 2, 1949.
\7\Retired from the Senate Jan. 21, 1861. Vacancy from Jan. 21, 1861, to June 25, 1868, because of Civil War.
\8\By legislature, to fill vacancy in term beginning Mar. 4, 1867.
\9\Died Aug. 8, 1913. Vacancy from Aug. 8, 1913, to May 11, 1914. Henry D. Clayton; appointed by governor Aug.
12, 1913, to fill vacancy; credentials withdrawn, Oct. 21, 1913, Frank P. Glass, appointed by governor Nov.
17, 1913, but by Senate resolution, Feb. 4, 1914, was declared not entitled to a seat.
\10\By governor, to fill vacancy. Resigned Jan. 10, 1938.
\11\Elected Apr. 26, 1938, to fill vacancy in term ending Jan. 3, 1939.
\12\By governor, to fill vacancy in term ending Jan. 2, 1981, until election held on Nov. 7, 1978.
\13\Elected Nov. 7, 1978, to complete vacancy in term ending Jan. 2, 1981. Resigned Jan. 1, 1981.
\14\By governor, to fill vacancy in term ending Jan. 2, 1981.
See footnotes at end of
Arkansas table.
802 803
802 803
ALASKA
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
86th-92d........................ E. L. Bartlett.... Jan. 3, 1959 Jan. 2, 1973 Died Dec. 11, 1968.
90th-107th...................... Ted Stevens\1\.... Dec. 24, 1968 Jan. 2, 2003 By gov., to fill vac.
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
86th-90th....................... Ernest Gruening... Jan. 3, 1959 Jan. 2, 1969 ......................
91st-96th....................... Mike Gravel....... Jan. 3, 1969 Jan. 2, 1981
97th-108th...................... Frank H. Murkowski Jan. 3, 1981 Jan. 2, 2005
----------------------------------------------------------------------------------------------------------------
\1\Elected Nov. 3, 1970, to fill vacancy in term ending Jan. 2, 1973.
804 805
804 805
ARIZONA
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
62d-76th........................ Henry Fountain Mar. 27, 1912 Jan. 2, 1941 ......................
Ashurst.
77th-82d........................ Ernest W. Jan. 3, 1941 Jan. 2, 1953 ......................
McFarland.
83d-88th........................ Barry Goldwater... Jan. 3, 1953 Jan. 2, 1965 ......................
89th-94th....................... Paul J. Fannin.... Jan. 3, 1965 Jan. 2, 1977 ......................
95th-103d....................... Dennis DeConcini.. Jan. 3, 1977 Jan. 2, 1995 ......................
104th-106th..................... Jon Kyl........... Jan. 3, 1995 Jan. 2, 2001 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
62d-66th........................ Marcus A. Smith... Mar. 27, 1912 Mar. 3, 1921 ......................
67th-69th....................... Ralph H. Cameron.. Mar. 4, 1921 Mar. 3, 1927 ......................
70th-90th....................... Carl Hayden....... Mar. 4, 1927 Jan. 2, 1969 ......................
91st-99th....................... Barry Goldwater... Jan. 3, 1969 Jan. 2, 1987 ......................
100th-108th..................... John S. McCain III Jan. 3, 1987 Jan. 2, 2005
----------------------------------------------------------------------------------------------------------------
See footnotes at end of
Arkansas table.
806 807
806 807
ARKANSAS
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
24th-29th....................... William S. Fulton. Sept. 18, 1836 Mar. 3, 1847 Died Aug. 15, 1844.
28th-32d........................ Chester Ashley.... Nov. 8, 1844 Mar. 3, 1853 Died Apr. 29, 1848.
30th............................ William K. May 12, 1848 Nov. 16, 1848 By gov., to fill vac.
Sebastian.
30th-38th....................... ......do.\1\...... Nov. 17, 1848 Mar. 3, 1865 ......................
40th-41st....................... Alexander June 22, 1868 Mar. 3, 1871 ......................
McDonald\2\.
42d-44th........................ Powell Clayton.... Mar. 14, 1871 Mar. 3, 1877 ......................
45th-50th....................... Augustus H. Mar. 4, 1877 Mar. 3, 1889 Res. Mar. 6, 1885.
Garland.
49th-59th....................... James H. Berry.... Mar. 20, 1885 Mar. 3, 1907 ......................
60th-62d........................ Jeff Davis........ Mar. 4, 1907 Mar. 3, 1913 Died Jan. 3, 1913.
62d............................. John N. Heiskell.. Jan. 6, 1913 Jan. 29, 1913 By gov., to fill vac.
Do............................ William M. Jan. 29, 1913 Mar. 3, 1913 ......................
Kavanaugh.
63d-77th........................ Joseph T. Mar. 4, 1913 Jan. 2, 1943 ......................
Robinson\3\.
75th-77th....................... John E. Miller\4\. Nov. 15, 1937 Do. ......................
77th............................ Lloyd Spencer..... Apr. 1, 1941 Do. By gov., to fill vac.
78th-95th....................... John L. McClellan. Jan. 3, 1943 Jan. 2, 1979 Died Nov. 28, 1977.
95th............................ Kaneaster Hodges, Dec. 10, 1977 Do. ......................
Jr.\5\.
96th-104th...................... David H. Pryor.... Jan. 3, 1979 Jan. 2, 1997 ......................
105th-107th..................... Tim Hutchinson.... Jan. 3, 1997 Jan. 2, 2003 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
24th-30th....................... Ambrose H. Sevier. Sept. 18, 1836 Mar. 3, 1849 Res. Mar. 15, 1848.
30th............................ Solon Borland..... Mar. 30, 1848 Nov. 16, 1848 By gov., to fill vac.
30th-33d........................ ......do.......... Nov. 17, 1848 Mar. 3, 1855 Res. Apr. 3, 1853.
33d............................. Robert W. Johnson. July 6, 1853 Nov. 9, 1854 By gov., to fill vac.
33d-36th........................ ......do.......... Nov. 10, 1854 Mar. 3, 1861 ......................
37th-39th....................... Charles B. Mar. 4, 1861 Mar. 3, 1867 ......................
Mitchel\6\.
40th-42d........................ Benjamin F. June 23, 1868 Mar. 3, 1873 ......................
Rice\7\.
43d-45th........................ Stephen W. Dorsey. Mar. 4, 1873 Mar. 3, 1879 ......................
46th-48th....................... James D. Walker... Mar. 4, 1879 Mar. 3, 1885 ......................
49th-57th....................... James K. Jones.... Mar. 4, 1885 Mar. 3, 1903 ......................
58th-66th....................... James P. Clarke... Mar. 4, 1903 Mar. 2, 1921 Died Oct. 1, 1916.
64th-66th....................... William F. Kirby.. Nov. 8, 1916 Do. ......................
67th-72d........................ Thaddeus H. Mar. 4, 1921 Mar. 3, 1933 Died Nov. 6, 1931.
Caraway.
72d............................. Mrs. Hattie W. Nov. 13, 1931 Jan. 12, 1932 By gov., to fill vac.
Caraway.
72d-78th........................ ......do.......... Jan. 13, 1932 Jan. 2, 1945 ......................
79th-93d........................ J. William Jan. 3, 1945 Jan. 2, 1975 Res. Dec. 31, 1974.
Fulbright.
94th-105th...................... Dale Bumpers...... Jan. 3, 1975 Jan. 2, 1999 ......................
106th-108th..................... Blanche L. Lincoln Jan. 3, 1999 Jan. 2, 2005 ......................
----------------------------------------------------------------------------------------------------------------
\1\Expelled July 11, 1861. Vacancy from July 11, 1861, to June 22, 1868, because of Civil War.
\2\By legislature, to fill vacancy in term beginning Mar. 4, 1865.
\3\Elected Jan. 28, 1913. Took oath Mar. 10, 1913. Served as governor until Mar. 8, 1913. Died July 14, 1937.
Vacancy from July 15 to Nov. 14, 1937.
\4\Elected Oct. 18, 1937. Served in House during interim. Resigned Mar. 31, 1941.
\5\By governor, to fill vacancy in term ending Jan. 2, 1979.
\6\Expelled July 11, 1861. Vacancy from July 11, 1861, to June 23, 1868, because of Civil War.
\7\By legislature, to fill vacancy in term beginning Mar. 4, 1867.
See footnotes at end of
California table.
808 809
808 809
CALIFORNIA
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
31st............................ John C. Fremont... Sept. 9, 1850 Mar. 3, 1851 ......................
32d-34th........................ John B. Weller\1\. Jan. 30, 1852 Mar. 3, 1857 ......................
35th-37th....................... David C. Broderick Mar. 4, 1857 Mar. 3, 1863 Died Sept. 16, 1859.
36th............................ Henry P. Haun..... Nov. 3, 1859 Mar. 4, 1860 By gov., to fill vac.
36th-37th....................... Milton S. Latham.. Jan. 11, 1860 Mar. 3, 1863 ......................
38th-40th....................... John Conness...... Mar. 4, 1863 Mar. 3, 1869 ......................
41st-43d........................ Eugene Casserly... Mar. 4, 1869 Mar. 3, 1875 Res. Nov. 29, 1873.
43d............................. John S. Hager..... Dec. 23, 1873 Do. ......................
44th-46th....................... Newton Booth...... Mar. 4, 1875 Mar. 3, 1881 ......................
47th-49th....................... John F. Miller.... Mar. 4, 1881 Mar. 3, 1887 Died Mar. 8, 1886.
49th............................ George Hearst..... Mar. 23, 1886 Aug. 4, 1886 By gov., to fill vac.
Do............................ Abram P. Williams. Aug. 4, 1886 Mar. 3, 1887 ......................
50th-52d........................ George Hearst..... Mar. 4, 1887 Mar. 3, 1893 Died Feb. 28, 1891.
52d............................. Charles N. Felton. Mar. 19, 1891 Do. ......................
53d-55th........................ Stephen M. Mar. 4, 1893 Mar. 3, 1899
White\2\.
56th-58th....................... Thomas R. Bard.... Feb. 7, 1900 Mar. 3, 1905 ......................
59th-61st....................... Frank P. Flint.... Mar. 4, 1905 Mar. 3, 1911 ......................
62d-64th........................ John D. Works..... Mar. 4, 1911 Mar. 3, 1917 ......................
65th-79th....................... Hiram W. Mar. 4, 1917 Jan. 2, 1947 ......................
Johnson\3\.
78th-85th....................... Wm. F. Knowland\4\ Aug. 26, 1945 Jan. 2, 1959 ......................
86th-88th....................... Clair Engle....... Jan. 3, 1959 Jan. 2, 1965 Died July 30, 1964.
88th............................ Pierre Salinger\5\ Aug. 4, 1964 Dec. 31, 1964 By gov., to fill vac.
88th-91st....................... George Murphy\6\.. Jan. 1, 1965 Jan. 2, 1971 Res. Jan. 2, 1971.
91st-94th....................... John V. Tunney\7\. Jan. 2, 1971 Jan. 2, 1977 Res. Jan. 1, 1977.
94th-97th....................... S. I. Hayakawa\8\. Jan. 2, 1977 Jan. 2, 1983 ......................
98th-102d....................... Pete Wilson \9\... Jan. 3, 1983 Jan. 2, 1995 Res. Jan. 7, 1991.
102d............................ John Seymour \10\. Jan. 10, 1991 Nov. 3, 1992 By gov., to fill vac.
103d-106th...................... Dianne Nov. 4, 1992 Jan. 2, 2001 ......................
Feinstein\11\.
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
31st-33d........................ William M. Sept. 9, 1850 Mar. 3, 1855 ......................
Gwin\12\.
34th-36th....................... ......do.......... Jan. 13, 1857 Mar. 3, 1861 ......................
37th-39th....................... James A. McDougall Mar. 4, 1861 Mar. 3, 1867 ......................
40th-42d........................ Cornelius Cole.... Mar. 4, 1867 Mar. 3, 1873 ......................
43d-45th........................ Aaron A. Sargent.. Mar. 4, 1873 Mar. 3, 1879 ......................
46th-48th....................... James T. Farley... Mar. 4, 1879 Mar. 3, 1885 ......................
49th-54th....................... Leland Stanford... Mar. 4, 1885 Mar. 3, 1897 Died June 21, 1893.
53d............................. George C. Perkins. July 26, 1893 Jan. 22, 1895 By gov., to fill vac.
53d-63d......................... ......do.......... Jan. 23, 1895 Mar. 3, 1915 ......................
64th-66th....................... James D. Phelan... Mar. 4, 1915 Mar. 3, 1921 ......................
67th-72d........................ Samuel M. Mar. 4, 1921 Mar. 3, 1933 ......................
Shortridge.
73d-75th........................ William Gibbs Mar. 4, 1933 Jan. 2, 1939 Res. Nov. 8, 1938.
McAdoo.
75th............................ Thomas M. Storke.. Nov. 9, 1938 Do. By gov., to fill vac.
76th-81st....................... Sheridan Downey... Jan. 3, 1939 Jan. 2, 1951 Res. Nov. 30, 1950.
81st............................ Richard M. Dec. 4, 1950 Do. ......................
Nixon\13\.
82d-84th........................ ......do\14\...... Jan. 3, 1951 Jan. 2, 1957 ......................
83d-90th........................ Thomas H. Jan. 2, 1953 Jan. 2, 1969 By gov., to fill vac.
Kuchel\15\.
91st-102d....................... Alan Cranston..... Jan. 3, 1969 Jan. 2, 1993 ......................
103d-108th...................... Barbara Boxer..... Jan. 3, 1993 Jan. 2, 2005 ......................
----------------------------------------------------------------------------------------------------------------
\1\Vacancy from Mar. 4, 1851, to Jan. 30, 1852.
\2\Vacancy from Mar. 4, 1899, to Feb. 7, 1900, because of failure of legislature to elect.
\3\Elected Nov. 7, 1916. Took oath Apr. 2, 1917. Governor during interim. Died Aug. 6, 1945.
\4\By governor, to fill vacancy. Elected Nov. 5, 1946, to fill vacancy in term ending Jan. 2, 1947, and also to
fill term ending Jan. 2, 1953.
\5\Resigned Dec. 31, 1964.
\6\By governor, to fill vacancy in term ending Jan. 2, 1965.
\7\By governor, to fill vacancy in term ending Jan. 2, 1971.
\8\By governor, to fill vacancy in term ending Jan. 2, 1977.
\9\Resigned Jan. 7, 1991, having been elected Governor of California.
\10\By governor, to fill vacancy until Nov. 3, 1992.
\11\Elected Nov. 3, 1992, to fill vacancy in term ending Jan. 2, 1995.
\12\Vacancy from Mar. 4, 1855, to Jan. 12, 1857, because of failure of legislature to elect.
\13\Elected Nov. 7, 1950. Oath administered on Dec. 4, 1950.
\14\Resigned Nov. 11, 1952, effective Jan. 1, 1953, having been elected Vice President.
\15\Elected Nov. 2, 1954, to fill vacancy in term ending Jan. 2, 1957.
See footnotes at end of
Colorado table.
810 811
810 811
COLORADO
Class 3
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
44th-47th....................... Henry M. Teller... Nov. 15, 1876 Mar. 3, 1883 Res. Apr. 17, 1882.
47th............................ George M. Chilcott Apr. 17, 1882 Jan. 27, 1883 By gov., to fill vac.
47th............................ Horace A. W. Tabor Jan. 27, 1883 Mar. 3, 1883 ......................
48th-50th....................... Thomas M. Bowen... Mar. 4, 1883 Mar. 3, 1889 ......................
51st-56th....................... Edward O. Wolcott. Mar. 4, 1889 Mar. 3, 1901 ......................
57th-59th....................... Thomas M. Mar. 4, 1901 Mar. 3, 1907 ......................
Patterson.
60th-62d........................ Simon Guggenheim.. Mar. 4, 1907 Mar. 3, 1913 ......................
63d-65th........................ John F. Shafroth.. Mar. 4, 1913 Mar. 3, 1919 ......................
66th-71st....................... Lawrence C. Phipps Mar. 4, 1919 Mar. 3, 1931 ......................
72d-74th........................ Edward P. Costigan Mar. 4, 1931 Jan. 2, 1937 ......................
75th-83d........................ Edwin C. Johnson.. Jan. 3, 1937 Jan. 2, 1955 ......................
84th-92d........................ Gordon Allott..... Jan. 3, 1955 Jan. 2, 1973 ......................
93d-95th........................ Floyd K. Haskell.. Jan. 3, 1973 Jan. 2, 1979 ......................
96th-101st...................... William L. Jan. 3, 1979 Jan. 2, 1991
Armstrong.
102d-104th...................... Hank Brown........ Jan. 3, 1991 Jan. 2, 1997 ......................
105th-107th..................... Wayne Allard...... Jan. 3, 1997 Jan. 2, 2003 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
44th-45th....................... Jerome B. Chaffee. Nov. 15, 1876 Mar. 3, 1879 ......................
46th-48th....................... Nathaniel P. Hill. Mar. 4, 1879 Mar. 3, 1885 ......................
49th-60th....................... Henry M. Teller... Mar. 4, 1885 Mar. 3, 1909 ......................
61st-63d........................ Charles J. Hughes, Mar. 4, 1909 Mar. 3, 1915 ......................
Jr.\1\.
62d-66th........................ Charles S. Thomas. Jan. 15, 1913 Mar. 3, 1921 ......................
67th-69th....................... Samuel D. Mar. 4, 1921 Mar. 3, 1927 Died Mar. 24, 1923.
Nicholson.
68th............................ Alva B. Adams..... May 17, 1923 Nov. 30, 1924 By gov., to fill vac.
68th-69th....................... Rice W. Means..... Dec. 1, 1924 Mar. 3, 1927 ......................
70th-72d........................ Charles W. Mar. 4, 1927 Mar. 3, 1933 Died Aug. 27, 1932.
Waterman.
72d............................. Walter Walker..... Sept. 26, 1932 Dec. 6, 1932 By gov., to fill vac.
Do............................ Karl C. Schuyler.. Dec. 7, 1932 Mar. 3, 1933 ......................
73d-78th........................ Alva B. Adams..... Mar. 4, 1933 Jan. 2, 1945 Died Dec. 1, 1941.
77th............................ Eugene D. Millikin Dec. 20, 1941 Nov. 3, 1942 By gov., to fill vac.
77th-84th....................... ......do.\2\...... Nov. 4, 1942 Jan. 2, 1957 ......................
85th-87th....................... John A. Carroll... Jan. 3, 1957 Jan. 2, 1963 ......................
88th-93d........................ Peter H. Dominick. Jan. 3, 1963 Jan. 2, 1975 ......................
94th-99th....................... Gary W. Hart...... Jan. 3, 1975 Jan. 2, 1987 ......................
100th-102d...................... Timothy O. Wirth.. Jan. 3, 1987 Jan. 2, 1993
103d-108th...................... Ben Nighthorse Jan. 3, 1993 Jan. 2, 2005 ......................
Campbell.
----------------------------------------------------------------------------------------------------------------
\1\Died Jan. 11, 1911. Vacancy from Jan. 11, 1911, to Jan. 14, 1913, because of failure of legislature to elect.
\2\Elected Nov. 3, 1942, to fill vacancy in term ending Jan. 2, 1945.
See footnotes at end of
Connecticut table.
812 813
812 813
CONNECTICUT
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
1st-4th......................... Oliver Ellsworth.. Mar. 4, 1789 Mar. 3, 1797 Res. Mar. 8, 1796.
4th-13th........................ James Hillhouse... May 12, 1796 Mar. 3, 1815 Res. June 10, 1810.
11th-16th....................... Samuel W. Dana.... May 10, 1810 Mar. 3, 1821 ......................
17th-19th....................... Elijah Boardman... Mar. 4, 1821 Mar. 3, 1827 Died Oct. 8, 1823.
18th............................ Henry W. Edwards.. Oct. 8, 1823 May 4, 1824 By gov., to fill vac.
18th-19th....................... ......do.......... May 5, 1824 Mar. 3, 1827 ......................
20th-22d........................ Samuel A. Foot.... Mar. 4, 1827 Mar. 3, 1833 ......................
23d-25th........................ Nathan Smith...... Mar. 4, 1833 Mar. 3, 1839 Died Dec. 6, 1835.
24th............................ John M. Niles..... Dec. 14, 1835 May 3, 1836 By gov., to fill vac.
24th-25th....................... ......do.......... May 4, 1836 Mar. 3, 1839 ......................
26th-28th....................... Thaddeus Betts.... Mar. 4, 1839 Mar. 3, 1845 Died Apr. 7, 1840.
26th-31st....................... Jabez W. May 4, 1840 Mar. 3, 1851 Died Nov. 2, 1847.
Huntington.
30th............................ Roger S. Baldwin.. Nov. 11, 1847 May 2, 1848 By gov., to fill vac.
30th-31st....................... ......do.......... May 3, 1848 Mar. 3, 1851 ......................
32d-34th........................ Isaac Toucey\1\... May 12, 1852 Mar. 3, 1857 ......................
35th-40th....................... James Dixon....... Mar. 4, 1857 Mar. 3, 1869 ......................
41st-43d........................ William A. Mar. 4, 1869 Mar. 3, 1875 Died Feb. 5, 1875.
Buckingham.
43d............................. William W. Eaton.. Feb. 5, 1875 Do. By gov., to fill vac.
44th-46th....................... ......do.......... Mar. 4, 1875 Mar. 3, 1881 ......................
47th-58th....................... Joseph R. Hawley.. Mar. 4, 1881 Mar. 3, 1905 ......................
59th-61st....................... Morgan G. Bulkeley Mar. 4, 1905 Mar. 3, 1911 ......................
62d-70th........................ George P. McLean.. Mar. 4, 1911 Mar. 3, 1929 ......................
71st-73d........................ Frederic C. Mar. 4, 1929 Jan. 2, 1935 ......................
Walcott.
74th-79th....................... Francis Maloney... Jan. 3, 1935 Jan. 2, 1947 Died Jan. 16, 1945.
79th............................ Thomas C. Hart.... Feb. 15, 1945 Nov. 5, 1946 By gov., to fill vac.
80th-82d........................ Raymond E. Dec. 27, 1946 Jan. 2, 1953 ......................
Baldwin\2\.
81st-82d........................ William Benton\3\. Dec. 17, 1949 Jan. 2, 1953 By gov., to fill vac.
83d-85th........................ William A. Purtell Jan. 3, 1953 Jan. 2, 1959 ......................
86th-91st....................... Thomas J. Dodd.... Jan. 3, 1959 Jan. 2, 1971 ......................
92d-100th....................... Lowell P. Weicker, Jan. 3, 1971 Jan. 2, 1989 ......................
Jr.
101st-106th..................... Joseph I. Jan. 3, 1989 Jan. 2, 2001 ......................
Lieberman.
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
1st-3d.......................... William S. Johnson Mar. 4, 1789 Mar. 3, 1795 Res. Mar. 4, 1791.
2d-3d........................... Roger Sherman..... June 13, 1791 Do. Died July 23, 1793.
3d.............................. Stephen M. Dec. 2, 1793 Do. ......................
Mitchell.
4th-6th......................... Jonathan Trumbull. Mar. 4, 1795 Mar. 3, 1801 Res. June 10, 1796.
4th-12th........................ Uriah Tracy....... Oct. 13, 1796 Mar. 3, 1813 Died July 19, 1807.
10th-15th....................... Chauncey Goodrich. Oct. 25, 1807 Mar. 3, 1819 Res. in May 1813.
13th-15th....................... David Daggett..... May 13, 1813 Do. ......................
16th-18th....................... James Lanman...... Mar. 4, 1819 Mar. 3, 1825 ......................
19th-21st....................... ......do.\4\...... Mar. 4, 1825 Mar. 3, 1831 ......................
Do............................ Calvin Willey..... Mar. 4, 1825 Do. ......................
22d-24th........................ Gideon Tomlinson.. Mar. 4, 1831 Mar. 3, 1837 ......................
25th-27th....................... Perry Smith....... Mar. 4, 1837 Mar. 3, 1843 ......................
28th-30th....................... John M. Niles..... Mar. 4, 1843 Mar. 3, 1849 ......................
31st-33d........................ Truman Smith\5\... Mar. 4, 1849 Mar. 3, 1855 ......................
33d............................. Francis Gillette.. May 25, 1854 Do. ......................
34th-39th....................... Lafayette S. Mar. 4, 1855 Mar. 3, 1867 ......................
Foster.
40th-45th....................... Orris S. Ferry.... Mar. 4, 1867 Mar. 3, 1879 Died Nov. 21, 1875.
44th............................ James E. English.. Nov. 27, 1875 May 17, 1876 By gov., to fill vac.
44th-45th....................... William H. Barnum. May 17, 1876 Mar. 3, 1879 ......................
46th-60th....................... Orville H. Platt.. Mar. 4, 1879 Mar. 3, 1909 Died Apr. 21, 1905.
59th-69th....................... Frank B. May 10, 1905 Mar. 3, 1927 ......................
Brandegee\6\.
68th-72d........................ Hiram Bingham..... Dec. 17, 1924 Mar. 3, 1933 ......................
73d-75th........................ Augustine Lonergan Mar. 4, 1933 Jan. 2, 1939 ......................
76th-78th....................... John A. Danaher... Jan. 3, 1939 Jan. 2, 1945 ......................
79th-84th....................... Brien McMahon..... Jan. 3, 1945 Jan. 2, 1957 Died July 28, 1952.
82d............................. William A. Purtell Aug. 29, 1952 Nov. 4, 1952 By gov., to fill vac.
82d-87th........................ Prescott Bush\7\.. Nov. 5, 1952 Jan. 3, 1963 ......................
88th-96th....................... Abraham Ribicoff.. Jan. 3, 1963 Jan. 2, 1981 ......................
97th-108th...................... Christoper J. Dodd Jan. 3, 1981 Jan. 2, 2005 ......................
----------------------------------------------------------------------------------------------------------------
\1\Vacancy from Mar. 4, 1851, to May 11, 1852, because of failure of governor to appoint.
\2\Elected Nov. 6, 1946; took oath Dec. 27, 1946. Governor during interim. Resigned Dec. 17, 1949.
\3\Elected Nov. 7, 1950.
\4\By governor, to fill vacancy. Not admitted. Vacancy from Mar. 4, 1825, because of recess of legislature.
\5\Resigned Apr. 11, 1854, to take effect May 24, 1854.
\6\Died Oct. 14, 1924. Vacancy from Oct. 15 to Dec. 16, 1924, when a successor was elected.
\7\Elected Nov. 4, 1952, to fill vacancy in term ending Jan. 2, 1957.
See footnotes at end of
Delaware table.
814 815
814 815
DELAWARE
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
1st-4th......................... George Read\1\.... Mar. 4, 1789 Mar. 3, 1797 ......................
3d-7th.......................... Henry Latimer..... Feb. 7, 1795 Mar. 3, 1803 Res. Feb. 28, 1801.
6th-7th......................... Samuel White...... Feb. 28, 1801 Jan. 13, 1802 By gov., to fill vac.
7th-13th........................ ......do.......... Jan. 14, 1802 Mar. 3, 1815 Died Nov. 4, 1809.
11th-16th....................... Outerbridge Horsey Jan. 12, 1810 Mar. 3, 1821 ......................
17th-19th....................... Caesar A. Rodney.. Jan. 10, 1822 Mar. 3, 1827 Res. Jan. 29, 1823.
18th-19th....................... Thomas Clayton.... Jan. 8, 1824 Do. ......................
20th-22d........................ Louis McLane...... Mar. 4, 1827 Mar. 3, 1833 Res. Apr. 16, 1829.
21st-25th....................... Arnold Naudain.... Jan. 7, 1830 Mar. 3, 1839 Res. June 16, 1836.
24th-28th....................... Richard H. June 17, 1836 Mar. 3, 1845 ......................
Bayard\2\.
29th-31st....................... John M Clayton.... Mar. 4, 1845 Mar. 3, 1851 Res. Feb. 23, 1849.
30th-31st....................... John Wales........ Feb. 23, 1849 Do. ......................
32d-40th........................ James Asheton Mar. 4, 1851 Mar. 3, 1869 Res. Jan. 29, 1864.
Bayard, Jr.
38th-40th....................... George Read Riddle Jan. 29, 1864 Do. Died Mar. 29, 1867.
40th............................ James Asheton Apr. 5, 1867 Jan. 18, 1869 By gov., to fill vac.
Bayard, Jr.
Do............................ ......do.......... Jan. 19, 1869 Mar. 3, 1869 ......................
41st-49th....................... Thomas F. Bayard, Mar. 4, 1869 Mar. 3, 1887 Res. Mar. 6, 1885.
Sr.
49th-55th....................... George Gray....... Mar. 18, 1885 Mar. 3, 1899 ......................
57th-58th....................... L. Heisler Ball\3\ Mar. 2, 1903 Mar. 3, 1905 ......................
59th-64th....................... Henry A. du June 13, 1906 Mar. 3, 1917 ......................
Pont\4\.
65th-67th....................... Josiah O. Wolcott. Mar. 4, 1917 Mar. 3, 1923 Res. July 2, 1921.
67th............................ T. Coleman du Pont July 7, 1921 Nov. 6, 1922 By gov., to fill vac.
67th-70th....................... Thomas F. Bayard, Nov. 7, 1922 Mar. 3, 1929 ......................
Jr.
71st-76th....................... John G. Townsend, Mar. 4, 1929 Jan. 2, 1941 ......................
Jr.
77th-79th....................... James M. Tunnell.. Jan 3, 1941 Jan. 2, 1947 ......................
80th-91st....................... John J. Williams.. Jan 3, 1947 Jan. 2, 1971 Res. Dec. 31, 1970
91st-106th...................... William V. Roth, Jan. 1, 1971 Jan. 2, 2001 ......................
Jr.\5\.
----------------------------------------------------------------------------------------------------------------
Class 2
----------------------------------------------------------------------------------------------------------------
1st-2d.......................... Richard Bassett... Mar. 4, 1789 Mar. 3, 1793 ......................
3d-5th.......................... John Vining....... Mar. 4, 1793 Mar. 3, 1799 Res. Jan. 19, 1798.
5th............................. Joshua Clayton.... Jan. 19, 1798 Do. Died Aug. 11, 1798.
5th-8th......................... William Hill Wells Jan. 17, 1799 Mar. 3, 1805 Res. Nov. 6, 1804.
8th-14th........................ James Asheton Nov. 13, 1804 Mar. 3, 1817 Res. Mar. 3, 1813.
Bayard, Sr.
13th-14th....................... William Hill Wells May 28, 1813 Do. ......................
15th-20th....................... Nicholas Van Dyke. Mar. 4, 1817 Mar. 3, 1829 Died May 21, 1826.
19th............................ Daniel Rodney..... Nov. 8, 1826 Jan. 12, 1827 By gov., to fill vac.
19th-20th....................... Henry M. Ridgely.. Jan. 12, 1827 Mar. 3, 1829
21st-26th....................... John M. Clayton... Mar. 4, 1829 Mar. 3, 1841 Res. Dec. 29, 1836.
24th-29th....................... Thomas Clayton.... Jan. 9, 1837 Mar. 3, 1847
30th-32d........................ Presley Spruance.. Mar. 4, 1847 Mar. 3, 1853
33d-35th........................ John M. Clayton... Mar. 4, 1853 Mar. 3, 1859 Died Nov. 9, 1856.
34th............................ Joseph P. Comegys. Nov. 19, 1856 Jan. 14, 1857 By gov., to fill vac.
34th-35th....................... Martin W. Bates... Jan. 14, 1857 Mar. 3, 1859
36th-41st....................... Willard Saulsbury, Mar. 4, 1859 Mar. 3, 1871
Sr.
42d-50th........................ Eli Saulsbury..... Mar. 4, 1871 Mar. 3, 1889
51st-53d........................ Anthony Higgins... Mar. 4, 1889 Mar. 3, 1895
54th-56th....................... Richard R. Jan. 19, 1897 Mar. 3, 1901
Kenney\6\.
57th-59th....................... James F. Allee\7\. Mar. 2, 1903 Mar. 3, 1907
60th-62d........................ Harry A. Mar. 4, 1907 Mar. 3, 1913
Richardson.
63d-65th........................ Willard Saulsbury, Mar. 4, 1913 Mar. 3, 1919
Jr.
66th-68th....................... L. Heisler Ball... Mar. 4, 1919 Mar. 3, 1925
69th-70th....................... T. Coleman du Pont Mar. 4, 1925 Mar. 3, 1931 Res. Dec. 9, 1928.
70th-71st....................... Daniel O. Hastings Dec. 10, 1928 Nov. 4, 1930 By gov., to fill vac.
71st-74th....................... ......do.......... Nov. 5, 1930 Jan. 2, 1937
75th-77th....................... James H. Hughes... Jan. 3, 1937 Jan. 2, 1943
78th-80th....................... C. Douglass Buck.. Jan. 3, 1943 Jan. 2, 1949
81st-86th....................... J. Allen Frear, Jr Jan. 3, 1949 Jan. 2, 1961
87th-92d........................ J. Caleb Boggs.... Jan. 3, 1961 Jan. 2, 1973
93d-107th....................... Joseph R. Biden, Jan. 3, 1973 Jan. 2, 2003
Jr.
----------------------------------------------------------------------------------------------------------------
\1\Resigned Sept. 18, 1793. Vacancy from Sept. 18, 1793, to Feb. 7, 1795. Kensey Johns was appointed by governor
Mar. 19, 1794, to fill vacancy, but by Senate resolution of Mar. 28, 1794, was declared not entitled to a
seat.
\2\Resigned Sept. 19, 1839. Reelected, serving from Jan. 12, 1841, to Mar. 3, 1845. Vacancy from Sept. 19, 1839,
to Jan. 11, 1841.
\3\Vacancy from Mar. 4, 1899, to Mar. 2, 1903, because of failure of legislature to elect.
\4\Vacancy from Mar. 4, 1905, to June 13, 1906, because of failure of legislature to elect.
\5\By governor, to fill vacancy in term ending Jan. 2, 1971.
\6\Vacancy from Mar. 4, 1895, to Jan. 19, 1897, because of failure of legislature to elect.
\7\Vacancy from Mar. 4, 1901, to Mar. 2, 1903, because of failure of legislature to elect.
See footnotes at end of
Florida table.
816 817
816 817
FLORIDA
Class 3
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
29th-31st....................... David Levy July 1, 1845 Mar. 3, 1851
Yulee\1\.
32d-37th........................ Stephen R. Mar. 4, 1851 Mar. 3, 1863
Mallory\2\.
40th............................ Adonijah S. June 17, 1868 Mar. 3, 1869
Welch\3\.
41st-43d........................ Abijah Gilbert.... Mar. 4, 1869 Mar. 3, 1875
44th-49th....................... Charles W. Mar. 4, 1875 Mar. 3, 1887
Jones\4\.
50th-52d........................ Samuel Pasco...... May 19, 1887 Mar. 3, 1893
53d............................. ......do.......... Mar. 4, 1893 Apr. 19, 1893 By gov., to fill vac.
53d-55th........................ ......do.......... Apr. 20, 1893 Mar. 3, 1899
56th............................ ......do.......... Mar. 4, 1899 Apr. 18, 1899 Do.
56th-58th....................... James P. Apr. 19, 1899 Mar. 3, 1905
Taliaferro.
59th............................ ......do.......... Mar. 4, 1905 Apr. 19, 1905 Do.
59th-61st....................... ......do.......... Apr. 20, 1905 Mar. 3, 1911
62d............................. Nathan P. Bryan... Mar. 4, 1911 Apr. 18, 1911
62d-64th........................ ......do.......... Apr. 19, 1911 Mar. 3, 1917
65th-76th....................... Park Trammell..... Mar. 4, 1917 Jan. 2, 1941 Died May 8, 1936.
74th............................ Scott M. Loftin... May 26, 1936 Nov. 3, 1936 By gov., to fill vac.
74th-79th....................... Charles O. Andrews Nov. 4, 1936 Jan. 2, 1947 Died Sept. 18, 1946
79th-91st....................... Spessard L. Sept. 25, 1946 Jan. 2, 1971
Holland\5\.
92d-100th....................... Lawton Chiles..... Jan. 3, 1971 Jan. 2, 1989 ......................
101st-106th..................... Connie Mack....... Jan. 3, 1989 Jan. 2, 2001
29th-30th....................... James D. Westcott, July 1, 1845 Mar. 3, 1849
Jr.
31st-33d........................ Jackson Morton.... Mar. 4, 1849 Mar. 3, 1855
34th-36th....................... David L. Yulee\6\. Mar. 4, 1855 Mar. 3, 1861
40th-42d........................ Thomas W. June 18, 1868 Mar. 3, 1873
Osborn\7\.
43d-45th........................ Simon B. Conover.. Mar. 4, 1873 Mar. 3, 1879
46th-54th....................... Wilkinson Call\8\. Mar. 4, 1879 Mar. 3, 1897
55th-57th....................... Stephen R. Mallory Mar. 4, 1897 Mar. 3, 1903
58th............................ ......do.......... Mar. 4, 1903 Apr. 21, 1903 By gov., to fill vac.
58th-60th....................... ......do.......... Apr. 22, 1903 Mar. 3, 1909 Died Dec. 23, 1907.
60th............................ William J. Dec. 26, 1907 Do.
Bryan\9\.
Do............................ William H. Milton. Mar. 27, 1908 Do. By gov., to fill vac.
61st............................ Duncan U. Mar. 4, 1909 Apr. 20, 1909
Fletcher\10\.
61st-75th....................... ......do.......... Apr. 21, 1909 Jan. 2, 1939 Died June 17, 1936.
74th............................ William L. Hill... July 1, 1936 Nov. 3, 1936 By gov., to fill vac.
74th-81st....................... Claude Pepper..... Nov. 4, 1936 Jan. 2, 1951
82d-90th........................ George A. Smathers Jan. 3, 1951 Jan. 2, 1969
91st-93d........................ Edward J. Gurney.. Jan. 3, 1969 Jan. 2, 1975 Res. Dec. 31, 1974.
93d-96th........................ Richard (Dick) Jan. 1, 1975 Jan. 2, 1981
Stone\11\.
96th-99th....................... Paula Hawkins\12\. Jan. 1, 1981 Jan. 2, 1987
100th-108th..................... Bob Graham........ Jan. 3, 1987 Jan. 2, 2005
----------------------------------------------------------------------------------------------------------------
\1\Joint credentials of David Levy and James D. Westcott, Jr., dated July 1, 1845. Name David Levy changed to
David Levy Yulee by an act of the Legislature of Florida (Sen. Jour., Jan. 12, 1846).
\2\Retired from the Senate Jan. 21, 1861. Seat declared vacant Mar. 14, 1861. Vacancy from Jan. 21, 1861, to
June 17, 1868, because of Civil War. Wilkinson Call presented credentials of an election held on Dec. 29,
1865, but was not seated.
\3\By legislature, to fill vacancy in term beginning Mar. 4, 1863.
\4\Vacancy from Mar. 4 to May 19, 1887; Jesse J. Finley was appointed on Feb. 28, 1887 but never qualified for
the reason that President pro tempore Ingalls had held that the appointment having been anticipated was not
valid and a successor had been elected.
\5\By governor, to fill vacancy in term ending Jan. 2, 1947.
\6\Retired from the Senate Jan. 21, 1861. Vacancy from Jan. 21, 1861, to June 18, 1868, because of Civil War.
William Marvin presented credentials of an election held on Dec. 29, 1865, for term ending Mar. 3, 1867, and
of an election held on Nov. 28, 1866, for term commencing Mar. 4, 1867, but was not seated.
\7\By legislature, to fill vacancy in term beginning Mar. 4, 1867.
\8\Vacancy from Mar. 4, to May 24, 1897. John A. Henderson was appointed by the governor on Mar. 6, 1897, but
was not seated.
\9\By governor, to fill vacancy. Died Mar. 22, 1908.
\10\By governor, for term commencing Mar. 3, 1909.
\11\By governor, to fill vacancy in term ending Jan. 2, 1975. Resigned Dec. 31, 1980.
\12\By governor, to fill vacancy in term ending Jan. 2, 1981.
See footnotes at end of
Georgia table.
818 819
818 819
GEORGIA
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
1st-2d.......................... William Few....... Mar. 4, 1789 Mar. 3, 1793
2d-5th.......................... James Jackson..... Mar. 4, 1793 Mar. 3, 1799 Res. in 1795.
3d.............................. George Walton..... Nov. 16, 1795 Feb. 20, 1796 By gov., to fill vac.
4th-5th......................... Josiah Tatnall.... Feb. 20, 1796 Mar. 3, 1799
6th-11th........................ Abraham Baldwin... Mar. 4, 1799 Mar. 3, 1811 Died Mar. 4, 1807.
10th............................ George Jones...... Aug. 27, 1807 Nov. 7, 1807 By gov., to fill vac.
10th-14th....................... William H. Nov. 7, 1807 Mar. 3, 1817 Res. Mar. 23, 1813.
Crawford.
13th............................ William B. Bulloch Apr. 8, 1813 Nov. 6, 1813 By gov., to fill vac.
13th-14th....................... William Wyatt Bibb Nov. 6, 1813 Mar. 3, 1817 Res. Nov. 9, 1816.
14th-17th....................... George Michael Nov. 13, 1816 Mar. 3, 1823 Res. Sept. 23, 1818.
Troup.
15th-17th....................... John Forsyth\1\... Nov. 23, 1818 Do.
16th-17th....................... Freeman Walker.... Nov. 6, 1819 Do. Res. Aug. 8, 1821.
17th-20th....................... Nicholas Ware..... Nov. 10, 1821 Mar. 3, 1829 Died Sept. 7, 1824.
18th-20th....................... Thomas W. Cobb.... Nov. 4, 1824 Do. Res. in 1828.
20th............................ Oliver H. Prince.. Nov. 7, 1828 Do.
21st-23d........................ George Michael Mar. 4, 1829 Mar. 3, 1835 Res. Mar. 2, 1833.
Troup.
23d-26th........................ John Pendleton Nov. 21, 1833 Mar. 3, 1841 Res. Nov. 1, 1837.
King.
25th-26th....................... Wilson Lumpkin.... Nov. 22, 1837 Do.
27th-29th....................... John Macpherson Mar. 4, 1841 Mar. 3, 1847 Res. May 1845.
Berrien.
29th............................ ......do.\2\...... Nov. 14, 1845 Do.
30th-32d........................ ......do.......... Nov.13, 1847 Mar. 3, 1853 Res. May 28, 1852.
32d............................. Robert M. Charlton May 31, 1852 Do. By gov., to fill vac.
33d-38th........................ Robert Toombs\3\.. Mar. 4, 1853 Mar. 3, 1865
40th-41st....................... Homer V. M. July 28, 1868 Mar. 3, 1871 ......................
Miller\4\.
42d-44th........................ Thomas M. Nov. 14, 1871 Mar. 3, 1877 ......................
Norwood\5\.
45th-47th....................... Benjamin H. Hill.. Mar. 4, 1877 Mar. 3, 1883 Died Aug. 16, 1882.
47th............................ Pope Barrow....... Nov. 15, 1882 Do. ......................
48th-53d........................ Alfred H. Colquitt Mar. 4, 1883 Mar. 3, 1895 Died Mar. 26, 1894.
53d............................. Patrick Walsh..... Apr. 2, 1894 Nov. 6, 1894 By gov., to fill vac.
Do.......................... ......do.......... Nov. 7, 1894 Mar. 3, 1895 ......................
54th-59th....................... Augustus O. Bacon. Mar. 4, 1895 Mar. 3, 1907 ......................
60th............................ ......do.......... Mar. 4, 1907 July 8, 1907 Do.
60th-62d........................ ......do.......... July 9, 1907 Mar. 3, 1913 ......................
63d............................. ......do.......... Mar. 4, 1913 July 9, 1913 Do.
63d-65th........................ ......do.......... July 10, 1913 Mar. 3, 1919 Died Feb. 14, 1914.
63d............................. William S. West... Mar. 2, 1914 Nov. 3, 1914 By gov., to fill vac.
63d-65th........................ Thomas W. Hardwick Nov. 4, 1914 Mar. 3, 1919 ......................
66th-74th....................... William J. Harris. Mar. 4, 1919 Jan. 2, 1937 Died Apr. 18, 1932.
72d............................. John S. Cohen..... Apr. 25, 1932 Jan. 11, 1933 By gov., to fill vac.
72d-92d......................... Richard B. Russell Jan. 12, 1933 Jan. 2, 1973 Died Jan. 21, 1971.
92d............................. David H. Gambrell. Feb. 1, 1971 Nov. 7, 1972 By gov., to fill vac.
92d-104th....................... Sam Nunn\6\....... Nov. 8, 1972 Jan. 2, 1997 ......................
105th-107th..................... Max Cleland....... Jan. 3, 1997 Jan. 2, 2003 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
1st-6th......................... James Gunn........ Mar. 4, 1789 Mar. 3, 1801 ......................
7th-9th......................... James Jackson..... Mar. 4, 1801 Mar. 3, 1807 Died Mar. 19, 1806.
9th-12th........................ John Milledge..... June 19, 1806 Mar. 3, 1813 Res. Nov. 14, 1809.
11th-15th....................... Charles Tait...... Nov. 27, 1809 Mar. 3, 1819 ......................
16th-18th....................... John Elliott...... Mar. 4, 1819 Mar. 3, 1825 ......................
19th-21st....................... John Macpherson Mar. 4, 1825 Mar. 3, 1831 Res. Mar. 9, 1829.
Berrien.
21st-24th....................... John Forsyth...... Nov. 9, 1829 Mar. 3, 1837 Res. June 27, 1834.
23d-27th........................ Alfred Cuthbert... Jan 12, 1835 Mar. 3, 1843 ......................
28th-30th....................... Walter T. Colquitt Mar. 4, 1843 Mar. 3, 1849 Res. Feb. 1848.
30th............................ Herschel V. Feb. 4, 1848 Do. By gov., to fill vac.
Johnson\7\.
31st-33d........................ William C. Dawson. Mar. 4, 1849 Mar. 3, 1855 ......................
34th-36th....................... Alfred Iverson\8\. Mar. 4, 1855 Mar. 3, 1861 ......................
40th-42d........................ Joshua Hill\9\.... July 28, 1868 Mar. 3, 1873 ......................
43d-48th........................ John B. Gordon\10\ Mar. 4, 1873 Mar. 3, 1885 ......................
46th............................ Joseph E. Brown... May 26, 1880 Nov. 15, 1880 By gov., to fill vac.
46th-51st....................... ......do.......... Nov. 16, 1880 Mar. 3, 1891 ......................
52d-54th........................ John B. Gordon.... Mar. 4, 1891 Mar. 3, 1897 ......................
55th-63d........................ Alexander S. Clay. Mar. 4, 1897 Mar. 3, 1915 Died Nov. 13, 1910.
61st-63d........................ Joseph M. Nov. 17, 1910 Do. ......................
Terrell\11\.
62d-66th........................ Hoke Smith\12\.... Nov. 16, 1911 Mar. 3, 1921 ......................
67th-69th....................... Thomas E. Watson.. Mar. 4, 1921 Mar. 3, 1927 Died Sept. 26, 1922.
67th............................ Mrs. Rebecca L. Oct. 3, 1922 Nov. 21, 1922 By gov., to fill vac.
Felton.
67th-84th....................... Walter F. George.. Nov. 22, 1922 Jan. 2, 1957 ......................
85th-96th....................... Herman E. Talmadge Jan. 3, 1957 Jan. 2, 1981
97th-99th....................... Mack Mattingly.... Jan. 3, 1981 Jan. 2, 1987
100th-102d...................... Wyche Fowler, Jr.. Jan. 3, 1987 Jan. 2, 1993
103d-108th...................... Paul Coverdell\13\ Jan 3, 1993 Jan. 2, 2005 Died July 18, 2000.
106th........................... Zell Bryan July 27, 2000 Nov. 7, 2000 By gov., to fill vac.
Miller\14\.
----------------------------------------------------------------------------------------------------------------
\1\Elected Nov. 7, 1818. Served in House during interim. Resigned Feb. 17, 1819.
\2\Vacancy from Mar. 4 to Nov. 12, 1847, because of failure of legislature to elect.
\3\Retired from the Senate Feb. 4, 1861. Seat declared vacant Mar. 14, 1861. Vacancy from Feb. 4, 1861, to July
28, 1868, because of Civil War.
\4\By legislature, to fill vacancy in term beginning Mar. 4, 1865. Took oath on Feb. 24, 1871, as prescribed in
joint resolution approved Feb. 23, 1871.
\5\Vacancy from Mar. 4 to Nov. 13, 1871. Foster Blodgett presented credentials, but was not permitted to
qualify, and on Dec. 19, 1871, was adjudged not elected in accordance with the Constitution.
\6\Elected Nov. 7, 1972, to fill vacancy in term ending Jan. 2, 1973, and also to full term ending Jan. 2, 1979.
\7\Senator-elect in 1866, but was not permitted to qualify.
\8\Retired from Senate Jan. 28, 1861. Vacancy from Jan. 28, 1861, to July 28, 1868, because of Civil War.
\9\By legislature, to fill vacancy in term beginning Mar. 4, 1867.
\10\Tendered resignation May 14, 1880, and retired from the Senate May 26, 1880.
\11\By governor, to fill vacancy. Resigned July 14, 1911.
\12\Elected July 12, 1911. Took oath Dec. 4, 1911. Governor during interim.
\13\Died July 18, 2000. Vacancy from July 18, 2000, to July 27, 2000. Zell Bryan Miller appointed by governor to
fill vacancy.
\14\By governor, to fill vacancy until special election held Nov. 7, 2000.; elected Nov. 7, 2000
820 821
HAWAII
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
86th-94th....................... Hiram L. Fong..... Aug. 21, 1959 Jan. 2, 1977 ......................
95th-101st...................... Spark M. Matsunaga Jan. 3, 1977 Jan. 2, 1995 Died Apr. 15, 1990.
101st-106th..................... Daniel K. Akaka May 16, 1990 Jan. 2, 2001 By gov., to fill vac.
\1\.
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
86th-87th....................... Oren E. Long...... Aug. 21, 1959 Jan. 2, 1963 ......................
88th-108th...................... Daniel K. Inouye.. Jan. 3, 1963 Jan. 2, 2005 ......................
----------------------------------------------------------------------------------------------------------------
\1\By governor, to fill vacancy until Nov. 6, 1990. Elected to fill unexpired term ending Jan. 2, 1995.
822 823
822 823
IDAHO
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
51st-56th....................... George L. Shoup... Dec. 18, 1890 Mar. 3, 1901 ......................
57th-59th....................... Fred T. Dubois.... Mar. 4, 1901 Mar. 3, 1907 ......................
60th-77th....................... William E. Borah.. Mar. 4, 1907 Jan. 2, 1943 Died Jan. 19, 1940.
76th............................ John Thomas....... Jan. 27, 1940 Nov. 5, 1940 By gov., to fill vac.
76th-80th....................... ......do.......... Nov. 6, 1940 Jan. 2, 1949 Died Nov. 10, 1945.
79th............................ Charles C. Gossett Nov. 17, 1945 Jan. 3, 1947 By gov., to fill vac.
80th............................ Henry C. Dworshak. Jan. 4, 1947 Jan. 2, 1949 ......................
81st-83d........................ Bert H. Miller.... Jan. 3, 1949 Jan. 2, 1955 Died Oct. 8, 1949.
Do.......................... Henry C. Oct. 14, 1949 Jan. 2, 1955 By gov., to fill vac.
Dworshak\1\.
84th-89th....................... ......do.......... Jan. 3, 1955 Jan. 2, 1967 Died July 23, 1962.
87th-92d........................ Len B. Jordan\2\.. Aug. 6, 1962 Jan. 2, 1973 By gov., to fill vac.
93d-101st....................... James A. McClure.. Jan. 3, 1973 Jan. 2, 1991 ......................
102d-107th...................... Larry E. Craig.... Jan. 3, 1991 Jan. 2, 2003
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
51st............................ William J. Dec. 18, 1890 Mar. 3, 1891 ......................
McConnell.
52d-54th........................ Fred T. Dubois.... Mar. 4, 1891 Mar. 3, 1897 ......................
55th-57th....................... Henry Heitfeld.... Mar. 4, 1897 Mar. 3, 1903 ......................
58th-63d........................ Weldon B. Heyburn. Mar. 4, 1903 Mar. 3, 1915 Died Oct. 17, 1912.
62d............................. Kirtland I. Perky. Nov. 18, 1912 Feb. 5, 1913 By gov., to fill vac.
62d-66th........................ James H. Brady.... Feb. 6, 1913 Mar. 3, 1921 Died Jan. 13, 1918.
65th............................ John F. Nugent.... Jan. 22, 1918 Nov. 4, 1918 By gov., to fill vac.
66th............................ John F. Nugent.... Nov. 5, 1918 Mar. 3, 1921 Res. Jan 14, 1921.
Do.......................... Frank R. Gooding.. Jan. 15, 1921 Do. By gov., to fill vac.
67th-72d........................ ......do.......... Mar. 4, 1921 Mar. 3, 1933 Died June 24, 1928.
70th............................ John Thomas....... June 30, 1928 Nov. 5, 1928 By gov., to fill vac.
70th-72d........................ ......do.......... Nov. 6, 1928 Mar. 3, 1933 ......................
73d-75th........................ James P. Pope..... Mar. 4, 1933 Jan. 2, 1939 ......................
76th-78th....................... D. Worth Clark.... Jan. 3, 1939 Jan. 2, 1945 ......................
79th-81st....................... Glen H. Taylor.... Jan. 3, 1945 Jan. 2, 1951 ......................
82d-84th........................ Herman Welker..... Jan. 3, 1951 Jan. 2, 1957 ......................
85th-96th....................... Frank Church...... Jan. 3, 1957 Jan. 2, 1981 ......................
97th-102d....................... Steven D. Symms... Jan. 3, 1981 Jan. 2, 1993 ......................
103d-105th...................... Dirk Kempthorne... Jan. 3, 1993 Jan. 2, 1999 ......................
106th-108th..................... Mike Crapo........ Jan. 3, 1999 Jan. 2, 2005 ......................
----------------------------------------------------------------------------------------------------------------
\1\Elected Nov. 7, 1950.
\2\Elected Nov. 6, 1962, to fill vacancy in term ending Jan. 2, 1967.
824 825
824 825
ILLINOIS
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
15th-20th....................... Jesse B. Thomas... Dec. 3, 1818 Mar. 3, 1829 ......................
21st-23d........................ John McLean....... Mar. 4, 1829 Mar. 3, 1835 Died Oct. 14, 1830.
21st............................ David J. Baker.... Nov. 12, 1830 Dec. 11, 1830 By gov., to fill vac.
21st-26th....................... John M. Robinson.. Dec. 11, 1830 Mar. 3, 1841 ......................
27th-29th....................... Samuel McRoberts.. Mar. 4, 1841 Mar. 3, 1847 Died Mar. 27, 1843.
28th............................ James Semple...... Aug. 16, 1843 Dec. 10, 1844 By gov., to fill vac.
28th-29th....................... ......do.......... Dec. 11, 1844 Mar. 3, 1847 ......................
30th-38th....................... Stephen A. Douglas Mar. 4, 1847 Mar. 3, 1865 Died June 3, 1861.
37th............................ Orville H. June 26, 1861 Jan. 12, 1863 By gov., to fill vac.
Browning.
37th-38th....................... William A. Jan. 12, 1863 Mar. 3, 1865 ......................
Richardson.
39th-41st....................... Richard Yates..... Mar. 4, 1865 Mar. 3, 1871 ......................
42d-44th........................ John A. Logan..... Mar. 4, 1871 Mar. 3, 1877 ......................
45th-47th....................... David Davis....... Mar. 4, 1877 Mar. 3, 1883 ......................
48th-62d........................ Shelby M. Cullom.. Mar. 4, 1883 Mar. 3, 1913 ......................
63d-65th........................ James Hamilton Mar. 26, 1913 Mar. 3, 1919 ......................
Lewis\1\.
66th-68th....................... Medill McCormick.. Mar. 4, 1919 Mar. 3, 1925 Died Feb. 25, 1925.
68th............................ Charles S. Deneen. Feb. 26, 1925 Do. By gov., to fill vac.
69th-71st....................... ......do.......... Mar. 4, 1925 Mar. 3, 1931 ......................
72d-77th........................ James Hamilton Mar. 4, 1931 Jan. 2, 1943 Died Apr. 9, 1939.
Lewis.
76th............................ James M. Slattery. Apr. 14, 1939 Nov. 21, 1940 By gov., to fill vac.
76th-80th....................... C. Wayland Brooks. Nov. 22, 1940 Jan. 2, 1949 ......................
81st-89th....................... Paul H. Douglas... Jan. 3, 1949 Jan. 2, 1967 ......................
90th-98th....................... Charles H. Percy.. Jan. 3, 1967 Jan. 2, 1985 ......................
99th-104th...................... Paul Simon........ Jan. 3, 1985 Jan. 2, 1997 ......................
105th-107th..................... Richard J. Durbin. Jan. 3, 1997 Jan. 2, 2003 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
15th-18th....................... Ninian Edwards.... Dec. 3, 1818 Mar. 3, 1825 Res. Mar. 4, 1824.
18th............................ John McLean....... Nov. 23, 1824 Do. ......................
19th-24th....................... Elias K. Kane..... Mar. 4, 1825 Mar. 3, 1837 Died Dec. 11, 1835.
24th............................ William Lee D. Dec. 30, 1835 Do. ......................
Ewing.
25th-27th....................... Richard M. Young.. Mar. 4, 1837 Mar. 3, 1843 ......................
28th-30th....................... Sidney Breese..... Mar. 4, 1843 Mar. 3, 1849 ......................
31st-33d........................ James Shields\2\.. Mar. 4, 1849 Mar. 3, 1855 ......................
34th-42d........................ Lyman Trumbull.... Mar. 4, 1855 Mar. 3, 1873 ......................
43d-45th........................ Richard J. Oglesby Mar. 4, 1873 Mar. 3, 1879 ......................
46th-51st....................... John A. Logan..... Mar. 4, 1879 Mar. 3, 1891 Died Dec. 26, 1886.
49th-51st....................... Charles B. Farwell Jan. 19, 1877 Do. ......................
52d-54th........................ John McAuley Mar. 4, 1891 Mar. 3, 1897 ......................
Palmer.
55th-57th....................... William E. Mason.. Mar. 4, 1897 Mar. 3, 1903 ......................
58th-60th....................... Albert J. Hopkins. Mar. 4, 1903 Mar. 3, 1909 ......................
61st-63d........................ William Lorimer\3\ June 18, 1909 Mar. 3, 1915 ......................
63d............................. Lawrence Y. Mar. 26, 1913 Do. ......................
Sherman\4\.
64th-66th....................... ......do.......... Mar. 4, 1915 Mar. 3, 1921 ......................
67th-69th....................... William B. Mar. 4, 1921 Mar. 3, 1927 Died Dec. 7, 1926.
McKinley.
70th-72d........................ Frank L. Smith\5\. Mar. 4, 1927 Mar. 3, 1933 ......................
71st-72d........................ Otis F. Glenn..... Dec. 3, 1928 Do. ......................
73d-75th........................ William H. Mar. 4, 1933 Jan. 2, 1939 ......................
Dieterich.
76th-81st....................... Scott W. Lucas.... Jan. 3, 1939 Jan. 2, 1951 ......................
82d-93d......................... Everett McKinley Jan. 3, 1951 Jan. 2, 1975 Died Sept. 7, 1969.
Dirksen.
91st............................ Ralph Tyler Smith. Sept. 17, 1969 Nov. 16, 1970 By gov., to fill vac.
91st-96th....................... Adlai E. Stevenson Nov. 17, 1970 Jan. 2, 1981 ......................
III\6\.
97th-102d....................... Alan J. Dixon..... Jan. 3, 1981 Jan. 2, 1993 ......................
103d-105th...................... Carol Moseley- Jan. 3, 1993 Jan. 2, 1999 ......................
Braun.
106th-108th..................... Peter G. Jan. 3, 1999 Jan. 2, 2005 ......................
Fitzgerald.
----------------------------------------------------------------------------------------------------------------
\1\Vacancy from Mar. 4 to Mar. 25, 1913, because of recess of legislature.
\2\Vacancy from Mar. 16 to Dec. 2, 1849, Mr. Shields not having been a citizen the term of years required by
law. Subsequently elected for the term.
\3\Vacancy from Mar. 4 to May 27, 1909, because of failure of legislature to elect, and also from May 27 to June
17, 1909, because Mr. Lorimer did not resign his seat in the House of Representatives until the last named
date. Election declared invalid July 13, 1912.
\4\Vacancy from July 14, 1912, to Mar. 25, 1913, because of recess of legislature.
\5\By governor, to fill vacancy, Dec. 16, 1926. Oath not administered. Elected for term beginning Mar. 4, 1927,
but was not permitted to qualify. Resignation sent to Governor of Illinois, Feb. 9, 1928. Vacancy from Dec. 8,
1926, to Dec. 2. 1928.
\6\Elected Nov. 3, 1970, to fill vacancy in term ending Jan. 2, 1975.
See footnotes at end of
Indiana table.
826 827
826 827
INDIANA
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
14th-22d........................ James Noble....... Dec. 11, 1816 Mar. 3, 1833 Died Feb. 26, 1831.
22d............................. Robert Hanna...... Aug. 19, 1831 Jan. 3, 1832 By gov., to fill vac.
22d-25th........................ John Tipton....... Jan. 4, 1832 Mar. 3, 1839 ......................
26th-28th....................... Albert S. White... Mar. 4, 1839 Mar. 3, 1845 ......................
29th-37th....................... Jesse D. Bright... Mar. 4, 1845 Mar. 3, 1863 Exp. Feb. 5, 1862.
37th............................ Joseph A. Wright.. Feb. 24, 1862 Jan. 14, 1863 By gov., to fill vac.
Do............................ David Turpie...... Jan. 14, 1863 Mar. 3, 1863 ......................
37th-40th....................... Thomas A. Mar. 4, 1863 Mar. 3, 1869 ......................
Hendricks.
41st-43d........................ Daniel D. Pratt... Mar. 4, 1869 Mar. 3, 1875 ......................
44th-46th....................... Joseph E. McDonald Mar. 4, 1875 Mar. 3, 1881 ......................
47th-49th....................... Benjamin Harrison. Mar. 4, 1881 Mar. 3, 1887 ......................
50th-55th....................... David Turpie...... Mar. 4, 1887 Mar. 3, 1899 ......................
56th-61st....................... Albert J. Mar. 4, 1899 Mar. 3, 1911 ......................
Beveridge.
62d-64th........................ John W. Kern...... Mar. 4, 1911 Mar. 3, 1917 ......................
65th-67th....................... Harry S. New...... Mar. 4, 1917 Mar. 3, 1923 ......................
68th-70th....................... Samuel M. Ralston. Mar. 4, 1923 Mar. 3, 1929 Died Oct. 14, 1925.
69th............................ Arthur R. Robinson Oct. 20, 1925 Nov. 2, 1926 By gov., to fill vac.
69th-73d........................ ......do.......... Nov. 3, 1926 Jan. 2, 1935 ......................
74th-76th....................... Sherman Minton.... Jan. 3, 1935 Jan. 2, 1941 ......................
77th-79th....................... Raymond E. Willis. Jan. 3, 1941 Jan. 2, 1947 ......................
80th-85th....................... William E. Jenner. Jan. 3, 1947 Jan. 2, 1959 ......................
86th-94th....................... Vance Hartke...... Jan. 3, 1959 Jan. 2, 1977 ......................
95th-106th...................... Richard G. Lugar.. Jan. 3, 1977 Jan. 2, 2001
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
14th-18th....................... Waller Taylor..... Dec. 11, 1816 Mar. 3, 1825 ......................
19th-24th....................... William Hendricks. Mar. 4, 1825 Mar. 3, 1837 ......................
25th-27th....................... Oliver H. Smith... Mar. 4, 1837 Mar. 3, 1843 ......................
28th-30th....................... Edward A. Hannegan Mar. 4, 1843 Mar. 3, 1849 ......................
31st-33d........................ James Whitcomb.... Mar. 4, 1849 Mar. 3, 1855 Died Oct. 4, 1852.
32d............................. Charles W. Nov. 23, 1852 Jan. 11, 1853 By gov., to fill vac.
Cathcart.
32d-33d......................... John Petit........ Jan. 11, 1853 Mar. 3, 1855 ......................
34th-36th....................... Graham N. Fitch\1\ Feb. 4, 1857 Mar. 3, 1861 ......................
37th-39th....................... Henry S. Lane..... Mar. 4, 1861 Mar. 3, 1867 ......................
40th-45th....................... Oliver H. P. T. Mar. 4, 1867 Mar. 3, 1879 Died Nov. 1, 1877.
Morton.
45th............................ Daniel W. Voorhees Nov. 6, 1877 Jan. 30, 1879 By gov., to fill vac.
45th-54th....................... ......do.......... Jan. 31, 1879 Mar. 3, 1897 ......................
55th-60th....................... Charles W. Mar. 4, 1897 Mar. 3, 1909 Res. Mar. 3, 1905.
Fairbanks.
59th-60th....................... James A. Hemenway. Mar. 4, 1905 Do. ......................
61st-66th....................... Benjamin F. Mar. 4, 1909 Mar. 3, 1921 Died Mar. 14, 1916.
Shively.
64th............................ Thomas Taggart.... Mar. 20, 1916 Nov. 7, 1916 By gov., to fill vac.
64th-72d........................ James E. Watson... Nov. 8, 1916 Mar. 3, 1933 ......................
73d-78th........................ Frederick Van Nuys Mar. 4, 1933 Jan. 2, 1945 Died Jan. 25, 1944.
78th............................ Samuel D. Jackson. Jan. 28, 1944 Nov. 13, 1944 By gov., to fill vac.
78th............................ William E. Nov. 14, 1944 Jan. 2, 1945 ......................
Jenner\2\.
79th-87th....................... Homer E. Capehart. Jan. 3, 1945 Jan. 2, 1963 ......................
88th-96th....................... Birch Bayh........ Jan. 3, 1963 Jan. 2, 1981 ......................
97th-102d....................... Dan Quayle \3\.... Jan. 3, 1981 Jan. 2, 1993 Res. Jan. 2, 1989.
101st-105th..................... Dan Coats \4\..... Jan. 3, 1989 Jan. 2, 1999 By gov., to fill vac.
106th-108th..................... Evan Bayh......... Jan. 3, 1999 Jan. 2, 2005
----------------------------------------------------------------------------------------------------------------
\1\Vacancy from Mar. 4, 1855, to Feb. 3, 1857.
\2\Elected Nov. 7, 1944, to fill vacancy in term ending Jan. 2, 1945.
\3\Resigned Jan. 2, 1989, having been elected Vice President of the United States for the 51st term on Nov. 8,
1988.
\4\By governor to fill vacancy until Nov. 6, 1990. Elected to fill unexpired term ending Jan. 2, 1993.
See footnotes at end of Iowa
table.
828 829
828 829
IOWA
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
30th-35th....................... George W. Jones... Dec. 7, 1848 Mar. 3, 1859 ......................
36th-41st....................... James W. Grimes... Mar. 4, 1859 Mar. 3, 1871 Res. Dec. 6, 1869.
41st............................ James B. Howell... Jan. 18, 1870 Do. ......................
42d-44th........................ George G. Wright.. Mar. 4, 1871 Mar. 3, 1877 ......................
45th-47th....................... Samuel J. Kirkwood Mar. 4, 1877 Mar. 3, 1883 Res. Mar. 7, 1881.
47th............................ James W. McDill... Mar. 8, 1881 Jan. 17, 1882 By gov., to fill vac.
Do............................ ......do.......... Jan. 18, 1882 Mar. 3, 1883 ......................
48th-53d........................ James F. Wilson... Mar. 4, 1883 Mar. 3, 1895 ......................
54th-59th....................... John H. Gear...... Mar. 4, 1895 Mar. 3, 1907 Died July 14, 1900.
56th............................ Jonathan P. Aug. 22, 1900 Mar. 3, 1901 By gov., to fill vac.
Dolliver.
57th............................ ......do.......... Mar. 4, 1901 Jan. 20, 1902 Do.
57th-62d........................ ......do.......... Jan. 21, 1902 Mar. 3, 1913 Died Oct. 15, 1910.
61st-62d........................ Lafayette Young... Nov. 2, 1910 Apr. 11, 1911 By gov., to fill vac.
62d-68th........................ William S. Kenyon. Apr. 12, 1911 Mar. 3, 1925 Res. Feb. 24, 1922.
67th............................ Charles A. Rawson. Feb. 24, 1922 Nov. 7, 1922 By gov., to fill vac.
67th-68th....................... Smith W. Brookhart Nov. 7, 1922 Mar. 3, 1925 ......................
69th-71st....................... ......do.\1\...... Mar. 4, 1925 Mar. 3, 1931 ......................
Do............................ Daniel F. Steck Apr. 12, 1926 Do. ......................
\2\.
72d-74th........................ L. J. Dickinson... Mar. 4, 1931 Jan. 2, 1937 ......................
75th-77th....................... Clyde L. Herring Jan. 3, 1937 Jan. 2, 1943 ......................
\3\.
78th-80th....................... George A. Wilson Jan. 3, 1943 Jan. 2, 1949 ......................
\4\.
81st-83d........................ Guy M. Gillette... Jan. 3, 1949 Jan. 2, 1955 ......................
84th-86th....................... Thomas E. Martin.. Jan. 3, 1955 Jan. 2, 1961 ......................
87th-92d........................ Jack Miller....... Jan. 3, 1961 Jan. 2, 1973 ......................
93d-95th........................ Dick Clark........ Jan. 3, 1973 Jan. 2, 1979 ......................
96th-98th....................... Roger W. Jepsen... Jan. 3, 1979 Jan. 2, 1985 ......................
99th-107th...................... Thomas R. Harkin.. Jan. 3, 1985 Jan. 2, 2003 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
30th-33d........................ Augustus C. Dodge. Dec. 7, 1848 Mar. 3, 1855 Res. Feb. 22, 1855.
34th-36th....................... James Harlan \5\.. Mar. 4, 1855 Mar. 3, 1861 ......................
34th-39th....................... ......do.\6\...... Jan. 17, 1857 Mar. 3, 1867 ......................
39th............................ Samuel J. Kirkwood Jan. 13, 1866 Do. ......................
40th-42d........................ James Harlan...... Mar. 4, 1867 Mar. 3, 1873 ......................
43d-60th........................ William B. Allison Mar. 4, 1873 Mar. 3, 1909 ......................
\7\.
60th-69th....................... Albert B. Cummins. Nov. 24, 1908 Mar. 3, 1927 Died July 30, 1926.
69th............................ David W. Stewart.. Aug. 7, 1926 Nov. 9, 1926 By gov., to fill vac.
Do............................ ......do.......... Nov. 10, 1926 Mar. 3, 1927 ......................
70th-72d........................ Smith W. Brookhart Mar. 4, 1927 Mar. 3, 1933 ......................
73d-75th........................ Richard Louis Mar. 4, 1933 Jan. 2, 1939 ......................
Murphy \8\.
74th-78th....................... Guy M. Gillette... Nov. 4, 1936 Jan. 2, 1945 ......................
79th-90th....................... Bourke B. Jan. 3, 1945 Jan. 2, 1969 ......................
Hickenlooper.
91st-93d........................ Harold E. Hughes.. Jan. 3, 1969 Jan. 2, 1975 ......................
94th-96th....................... John C. Culver.... Jan. 3, 1975 Jan. 2, 1981 ......................
97th-108th...................... Charles E. Jan. 3, 1981 Jan. 2, 2005 ......................
Grassley.
----------------------------------------------------------------------------------------------------------------
\1\ Election declared invalid, Apr. 12, 1926.
\2\ Successfully contested the election of Smith W. Brookhart and took his seat Apr. 12, 1926.
\3\ Elected Nov. 3, 1936. Took oath Jan. 19, 1937. Governor during interim.
\4\ Elected Nov. 3, 1942. Took oath Jan. 14, 1943. Governor during interim.
\5\ Seat declared vacant Jan. 12, 1857.
\6\ Subsequently elected. Resigned May 15, 1865. Vacancy from May 16, 1865, to Jan. 12, 1866.
\7\ Died Aug. 4, 1908. Vacancy from Aug. 4 to Nov. 24, 1908, because of failure of legislature to elect.
\8\ Died July 16, 1936. Vacancy from July 17 to Nov. 3, 1936, when a successor was elected.
See footnotes at end of
Kansas table.
830 831
830 831
KANSAS
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
37th-41st....................... James H. Lane..... Apr. 4, 1861 Mar. 3, 1871 Died July 11, 1866.
39th............................ Edmund G. Ross.... July 19, 1866 Jan. 22, 1867 By gov., to fill vac.
39th-41st....................... ......do.......... Jan. 23, 1867 Mar. 3, 1871 ......................
42d-44th........................ Alexander Caldwell Mar. 4, 1871 Mar. 3, 1877 Res. Mar. 24, 1873.
43d............................. Robert Crozier.... Nov. 24, 1873 Feb. 2, 1874 By gov., to fill vac.
43d-44th........................ James M. Harvey... Feb. 2, 1874 Mar. 3, 1877 ......................
45th-53d........................ Preston B. Plumb.. Mar. 4, 1877 Mar. 3, 1895 Died Dec. 20, 1891.
52d............................. Bishop W. Perkins. Jan. 1, 1892 Mar. 3, 1893 By gov., to fill vac.
53d............................. John Martin....... Mar. 4, 1893 Mar. 3, 1895 ......................
54th-56th....................... Lucien Baker...... Mar. 4, 1895 Mar. 3, 1901 ......................
57th-59th....................... Joseph R. Burton.. Mar. 4, 1901 Mar. 3, 1907 Res. June 4, 1906.
59th............................ Alfred W. Benson.. June 11, 1906 Jan. 23, 1907 By gov., to fill vac.
59th-62d........................ Charles Curtis.... Jan. 23, 1907 Mar. 3, 1913 ......................
63d-65th........................ William H. Mar. 4, 1913 Mar. 3, 1919 ......................
Thompson.
66th-80th....................... Arthur Capper..... Mar. 4, 1919 Jan. 2, 1949 ......................
81st-89th....................... Andrew F. Jan. 3, 1949 Jan. 2, 1967 Died Jan. 21, 1962.
Schoeppel.
87th-95th....................... James B. Pearson Jan. 31, 1962 Jan. 2, 1979 By gov., to fill vac.
\1\.
96th-104th...................... Nancy L. Kassebaum Dec. 23, 1978 Jan. 2, 1997 ......................
\2\.
105th-107th..................... Pat Roberts....... Jan. 3, 1997 Jan. 2, 2003
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
37th-42d........................ Samuel C. Pomeroy. Apr. 4, 1861 Mar. 3, 1873 ......................
43d-51st........................ John J. Ingalls... Mar. 4, 1873 Mar. 3, 1891 ......................
52d-54th........................ William A. Peffer. Mar. 4, 1891 Mar. 3, 1897 ......................
55th-57th....................... William A. Harris. Mar. 4, 1897 Mar. 3, 1903 ......................
58th-60th....................... Chester I. Long... Mar. 4, 1903 Mar. 3, 1909 ......................
61st-63d........................ Joseph L. Bristow. Mar. 4, 1909 Mar. 3, 1915 ......................
64th-72d........................ Charles Curtis.... Mar. 4, 1915 Mar. 3, 1933 Res. Mar. 3, 1929.
71st............................ Henry J. Allen.... Apr. 1, 1929 Nov. 30, 1930 By gov., to fill vac.
71st-75th....................... George McGill..... Dec. 1, 1930 Jan. 2, 1939 ......................
76th-81st....................... Clyde M. Reed..... Jan. 3, 1939 Jan. 2, 1951 Died Nov. 8, 1949.
81st............................ Harry Darby....... Dec. 2, 1949 Nov. 28, 1950 By gov., to fill vac.
81st-90th....................... Frank Carlson \3\. Nov. 29, 1950 Jan. 2, 1969 ......................
91st-104th...................... Robert Dole....... Jan. 3, 1969 Jan. 2, 1999 Res. June 11, 1996.
104th........................... Sheila Frahm...... June 11, 1996 Nov. 5, 1996 By gov., to fill vac.
105th-108th..................... Sam Brownback \4\. Nov. 27, 1996 Jan. 2, 2005
----------------------------------------------------------------------------------------------------------------
\1\ Elected Nov. 6, 1962, to fill vacancy in term ending Jan. 2, 1967. Resigned Dec. 23, 1978.
\2\ By governor, to fill vacancy in term ending Jan. 2, 1979.
\3\ Elected Nov. 7, 1950, to fill vacancy in term ending Jan. 2, 1951, and also to full term ending Jan. 2,
1957.
\4\ Elected Nov. 5, 1996, to fill vacancy in term ending Jan. 2, 1999.
See footnotes at end of
Kentucky table.
832 833
832 833
KENTUCKY
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
2d-8th.......................... John Brown........ June 18, 1792 Mar. 3, 1805 ......................
9th-11th........................ Buckner Thruston.. Mar. 4, 1805 Mar. 3, 1811 Res. Dec. 18, 1809.
11th............................ Henry Clay........ Jan. 4, 1810 Do. ......................
12th-14th....................... George M. Bibb.... Mar. 4, 1811 Mar. 3, 1817 Res. Aug. 23, 1814.
13th............................ George Walker..... Aug. 30, 1814 Dec. 16, 1814 By gov., to fill vac.
13th-14th....................... William T. Barry.. Dec. 16, 1814 Mar. 3, 1817 Res. May 1, 1816.
14th............................ Martin D. Hardin.. Nov. 13, 1816 Dec. 4, 1816 By gov., to fill vac.
Do............................ ......do.......... Dec. 5, 1816 Mar. 3, 1817 ......................
15th-17th....................... John J. Crittenden Mar. 4, 1817 Mar. 3, 1823 Res. Mar. 3, 1819.
16th-20th....................... Richard M. Johnson Dec. 10, 1819 Mar. 3, 1829 ......................
21st-23d........................ George M. Bibb.... Mar. 4, 1829 Mar. 3, 1835 ......................
24th-26th....................... John J. Crittenden Mar. 4, 1835 Mar. 3, 1841 ......................
27th-29th....................... James T. Morehead. Mar. 4, 1841 Mar. 3, 1847 ......................
30th-32d........................ Joseph R. Mar. 4, 1847 Mar. 3, 1853 ......................
Underwood.
33d-35th........................ John B. Thompson.. Mar. 4, 1853 Mar. 3, 1859 ......................
36th-38th....................... Lazarus W. Powell. Mar. 4, 1859 Mar. 3, 1865 ......................
39th-41st....................... James Guthrie..... Mar. 4, 1865 Mar. 3, 1871 Res. Feb. 7, 1868.
40th-41st....................... Thomas C. McCreery Feb. 19, 1868 Do. ......................
42d-44th........................ John W. Stevenson. Mar. 4, 1871 Mar. 3, 1877 ......................
45th-53d........................ James B. Beck..... Mar. 4, 1877 Mar. 3, 1895 Died May 3, 1890.
51st-53d........................ John G. Carlisle.. May 17, 1890 Do. Res. Feb. 4, 1893.
52d-56th........................ William Lindsay... Feb. 15, 1893 Mar. 3, 1901 ......................
57th-59th....................... Joseph C. S. Mar. 4, 1901 Mar. 3, 1907 ......................
Blackburn.
60th-62d........................ Thomas H. Paynter. Mar. 4, 1907 Mar. 3, 1913 ......................
63d-65th........................ Ollie M. James.... Mar. 4, 1913 Mar. 3, 1919 Died Aug. 28, 1918.
65th............................ George B. Martin.. Sept. 7, 1918 Do. By gov., to fill vac.
66th-68th....................... A. Owsley Stanley. Mar. 4, 1919 Mar. 3, 1925 ......................
69th-71st....................... Fred M. Sackett... Mar. 4, 1925 Mar. 3, 1931 Res. Jan. 9, 1930.
71st............................ John M. Robsion... Jan. 9, 1930 Nov. 30, 1930 By gov., to fill vac.
Do............................ Ben M. Williamson. Dec. 1, 1930 Mar. 3, 1931 ......................
72d-77th........................ Marvel M. Logan... Mar. 4, 1931 Jan. 2, 1943 Died Oct. 3, 1939.
76th............................ Albert B. Chandler Oct. 10, 1939 Nov. 5, 1940 By gov., to fill vac.
76th-80th....................... ......do.......... Nov. 6, 1940 Jan. 2, 1949 Res. Nov. 1, 1945.
79th............................ William A. Nov. 19, 1945 Nov. 5, 1946 By gov., to fill vac.
Stanfill.
80th............................ John Sherman Nov. 6, 1946 Jan. 2, 1949 ......................
Cooper.
81st-83d........................ Virgil Chapman.... Jan. 3, 1949 Jan. 2, 1955 Died Mar. 8, 1951.
82d............................. Thomas R. Mar. 19, 1951 Nov. 4, 1952 By gov., to fill vac.
Underwood.
82d-83d......................... John Sherman Nov. 5, 1952 Jan. 2, 1955 ......................
Cooper\1\.
84th-86th....................... Alben W. Barkley.. Jan. 3, 1955 Jan. 2, 1961 Died Apr. 30, 1956.
84th............................ Robert June 21, 1956 Nov. 6, 1956 By gov., to fill vac.
Humphreys\2\.
85th-92d........................ John Sherman Nov. 7, 1956 Jan. 2, 1973 ......................
Cooper\3\.
93d-98th........................ Walter D. Jan. 3, 1973 Jan. 2, 1985 ......................
Huddleston.
99th-107th...................... Mitch McConnell... Jan. 3, 1985 Jan. 2, 2003 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
2d-3d........................... John Edwards...... June 18, 1792 Mar. 3, 1795 ......................
4th-6th......................... Humphrey Marshall. Mar. 4, 1795 Mar. 3, 1801 ......................
7th-9th......................... John Breckinridge. Mar. 4, 1801 Mar. 3, 1807 Res. Aug. 7, 1805.
9th............................. John Adair........ Nov. 8, 1805 Do. Res. Nov. 18, 1806.
Do............................ Henry Clay........ Dec. 29, 1806 Do. ......................
10th-12th....................... John Pope......... Mar. 4, 1807 Mar. 3, 1813 ......................
13th-15th....................... Jesse Bledsoe\4\.. Mar. 4, 1813 Mar. 3, 1819 ......................
Do............................ Isham Talbot...... Jan. 5, 1815 Do. ......................
16th-18th....................... William Logan..... Mar. 4, 1819 Mar. 3, 1825 Res. May 28, 1820.
Do............................ Isham Talbot...... Oct. 19, 1820 Do. ......................
19th-21st....................... John Rowan........ Mar. 4, 1825 Mar. 3, 1831 ......................
22d-27th........................ Henry Clay........ Nov. 10, 1831 Mar. 3, 1843 Res. Mar. 31, 1842.
27th-30th....................... John J. Crittenden Mar. 31, 1842 Mar. 3, 1849 Res. June 12, 1848.
30th............................ Thomas Metcalfe... June 23, 1848 Jan. 2, 1849 By gov., to fill vac.
Do............................ ......do.......... Jan. 3, 1849 Mar. 3, 1849 ......................
31st-33d........................ Henry Clay\5\..... Mar. 4, 1849 Mar. 3, 1855 ......................
32d............................. David Meriwether.. July 6, 1852 Sept. 1, 1852 Do.
32d-33d......................... Archibald Dixon... Sept. 1, 1852 Mar. 3, 1855 ......................
34th-36th....................... John J. Crittenden Mar. 4, 1855 Mar. 3, 1861 ......................
37th-39th....................... John C. Mar. 4, 1861 Mar. 3, 1867 Exp. Dec. 4, 1861.
Breckinridge.
37th-42d........................ Garrett Davis..... Dec. 10, 1861 Mar. 3, 1873 Died Sept. 22, 1872.
42d............................. Willis B. Machen.. Sept. 27, 1872 Jan. 20, 1873 By gov., to fill vac.
Do............................ ......do.......... Jan. 21, 1873 Mar. 3, 1873 ......................
43d-45th........................ Thomas C. McCreery Mar. 4, 1873 Mar. 3, 1879 ......................
46th-48th....................... John Stuart Mar. 4, 1879 Mar. 3, 1885 ......................
Williams.
49th-54th....................... Joseph C. S. Mar. 4, 1885 Mar. 3, 1897 ......................
Blackburn.
55th-57th....................... William J. Deboe.. Mar. 4, 1897 Mar. 3, 1903 ......................
58th-60th....................... James B. McCreary. Mar. 4, 1903 Mar. 3, 1909 ......................
61st-63d........................ William O. Bradley Mar. 4, 1909 Mar. 3, 1915 Died May 23, 1914.
63d............................. Johnson N. Camden, June 16, 1914 Nov. 2, 1914 By gov., to fill vac.
Jr..
Do............................ ......do.......... Nov. 3, 1914 Mar. 3, 1915 ......................
64th-66th....................... John C. W. Beckham Mar. 4, 1915 Mar. 3, 1921 ......................
67th-69th....................... Richard P. Ernst.. Mar. 4, 1921 Mar. 3, 1927 ......................
70th-81st....................... Alben W. Barkley.. Mar. 4, 1927 Jan. 2, 1951 Res. Jan. 19, 1949.
81st............................ Garrett L. Withers Jan. 20, 1949 Nov. 26, 1950 By gov., to fill vac.
Do............................ Earle C. Nov. 27, 1950 Jan. 2, 1951 ......................
Clements\6\.
82d-84th........................ ......do.......... Jan. 3, 1951 Jan. 2, 1957 ......................
85th-90th....................... Thruston B. Morton Jan. 3, 1957 Jan. 2, 1969 Res. Dec. 16, 1968.
90th-93d........................ Marlow W. Cook\7\. Dec. 17, 1968 Jan. 2, 1975 Res. Dec. 27, 1974.
93d-105th....................... Wendell H. Ford\8\ Dec. 28, 1974 Jan. 2, 1999 ......................
106th-108th..................... Jim Bunning....... Jan. 3, 1999 Jan. 2, 2005
----------------------------------------------------------------------------------------------------------------
\1\Elected Nov. 4, 1952, to fill vacancy in term ending Jan. 2, 1955.
\2\Joseph J. Leary appointed June 18, 1956, to fill vacancy, but declined to serve.
\3\Elected Nov. 6, 1956, to fill vacancy in term ending Jan. 2, 1961.
\4\Resigned Dec. 24, 1814. Declared by Senate resolution of Jan. 20, 1815, as having resigned.
\5\Resigned Dec. 15, 1851, to take effect first Monday in Sept. 1852. Died June 29, 1852.
\6\Elected Nov. 7, 1950. Oath administered Nov. 27, 1950.
\7\By governor, to fill vacancy in term ending Jan. 2, 1969.
\8\By governor, to fill vacancy in term ending Jan. 2, 1975.
Footnotes continued on next
page.
834 835
834 835
LOUISIANA
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
12th-14th....................... Jean N. Sept. 3, 1812 Mar. 3, 1817 ......................
Destrehan\1\.
12th............................ Thomas Posey...... Oct. 8, 1812 Feb. 4, 1813 By gov., to fill vac.
12th-14th....................... James Brown....... Feb. 5, 1813 Mar. 3, 1817 Elect. Dec. 1, 1812.
15th-17th....................... William C. C. Mar. 4, 1817 Mar. 3, 1823 Died Nov. 23, 1817.
Claiborne.
15th-20th....................... Henry Johnson..... Jan. 12, 1818 Mar. 3, 1829 Res. May 27, 1824.
18th-20th....................... Dominique Bouligny Nov. 19, 1824 Do. ......................
21st-23d........................ Edward Livingston. Mar. 4, 1829 Mar. 3, 1835 Res. May 24, 1831.
22d-23d......................... George A. Waggaman Nov. 15, 1831 Do. ......................
24th-26th....................... Robert C. Jan. 13, 1836 Mar. 3, 1841 ......................
Nicholas\2\.
27th-29th....................... Alexander Barrow.. Mar. 4, 1841 Mar. 3, 1847 Died Dec. 29, 1846.
29th............................ Pierre Soule...... Jan. 21, 1847 Do. ......................
30th-32d........................ Solomon W. Downs.. Mar. 4, 1847 Mar. 3, 1853 ......................
33d-38th........................ Judah P. Mar. 4, 1853 Mar. 3, 1865 ......................
Benjamin\3\.
40th-41st....................... John S. Harris\4\. July 8, 1868 Mar. 3, 1871 ......................
42d-44th........................ J. Rodman West.... Mar. 4, 1871 Mar. 3, 1877 ......................
45th-47th....................... William P. Kellogg Mar. 4, 1877 Mar. 3, 1883 ......................
48th-53d........................ Randall L. Gibson. Mar. 4, 1883 Mar. 3, 1895 Died Dec. 15, 1892.
52d-53d......................... Donelson Caffery.. Dec. 31, 1892 May 22, 1894 By gov., to fill vac.
53d-56th........................ ......do.......... May 23, 1894 Mar. 3, 1901 ......................
57th-62d........................ Murphy J. Foster.. Mar. 4, 1901 Mar. 3, 1913 ......................
63d-71st........................ Joseph E. Ransdell Mar. 4, 1913 Mar. 3, 1931 ......................
72d-74th........................ Huey P. Long\5\... Mar. 4, 1931 Jan. 2, 1937 ......................
74th............................ Rose McConnell Jan. 31, 1936 Apr. 20, 1936 Do.
Long.
Do............................ ......do.......... Apr. 21, 1936 Jan. 2, 1937 ......................
75th-92d........................ Allen J. Ellender. Jan. 3, 1937 Jan. 2, 1973 Died July 27, 1972.
92d............................. Elaine S. Aug. 1, 1972 Do. ......................
Edwards\6\.
92d-104th....................... J. Bennett Nov. 14, 1972 Jan. 2, 1997 By gov., to fill vac.
Johnston.
105th-107th..................... Mary L. Landrieu.. Jan. 3, 1997 Jan. 2, 2003
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
12th............................ Allan B. Magruder. Sept. 3, 1812 Mar. 3, 1813 ......................
13th-15th....................... Eligius Fromentin. Mar. 4, 1813 Mar. 3, 1819 ......................
16th-18th....................... James Brown....... Mar. 4, 1819 Mar. 3, 1825 Res. Dec. 10, 1823.
18th-24th....................... Josiah S. Jan. 15, 1824 Mar. 3, 1837 ......................
Johnston\7\.
23d-24th........................ Alexander Dec. 19, 1833 Do. ......................
Porter\8\.
24th-27th....................... Alexander Mouton.. Jan. 12, 1837 Mar. 3, 1843 Res. Mar. 1, 1842.
27th............................ Charles M. Conrad. Apr. 14, 1842 Do. ......................
28th-30th....................... Henry Johnson\9\.. Feb. 12, 1844 Mar. 3, 1849 ......................
31st-33d........................ Pierre Soule1..... Mar. 4, 1849 Mar. 3, 1855 Res. Apr. 11, 1853.
33d-36th........................ John Slidell\10\.. Apr. 28, 1853 Mar. 3, 1861 ......................
40th-44th....................... William P. July 8, 1868 Mar. 3, 1873 ......................
Kellogg\11\.
44th-45th....................... James B. Eustis... Jan. 12, 1876 Mar. 3, 1879 ......................
46th-48th....................... Benjamin F. Jonas. Mar. 4, 1879 Mar. 3, 1885 ......................
49th-51st....................... James B. Eustis... Mar. 4, 1885 Mar. 3, 1891 ......................
52d-54th........................ Edward D. Mar. 4, 1891 Mar. 3, 1897 ......................
White\12\.
53d............................. Newton C. Mar. 12, 1894 May 22, 1894 By gov., to fill vac.
Blanchard.
53d-54th........................ ......do.......... May 23, 1894 Mar. 3, 1897 ......................
55th-63d........................ Samuel D. Mar. 4, 1897 Mar. 3, 1915 ......................
McEnery\13\.
61st-63d........................ John R. Thornton.. Dec. 7, 1910 Mar. 3, 1915 ......................
64th-66th....................... Robert F. Mar. 4, 1915 Mar. 3, 1921 Died Apr. 12, 1918.
Broussard.
65th............................ Walter Guion...... Apr. 22, 1918 Nov. 5, 1918 By gov., to fill vac.
65th-66th....................... Edward J. Gay..... Nov. 6, 1918 Mar. 3, 1921 ......................
67th-72d........................ Edwin S. Broussard Mar. 4, 1921 Mar. 3, 1933 ......................
73d-81st........................ John H. Overton... Mar. 4, 1933 Jan. 2, 1951 Died Mar. 14, 1948.
80th............................ William C. Feazel. May 18, 1948 Dec. 30, 1948 By gov., to fill vac.
80th-99th....................... Russell B. Dec. 31, 1948 Jan. 2, 1987 ......................
Long\14\.
100th-108th..................... John B. Breaux.... Jan. 3, 1987 Jan. 2, 2005 ......................
----------------------------------------------------------------------------------------------------------------
\1\Not sworn. Resigned Oct. 1, 1812.
\2\Elected in place of Chas. E. A. Gayarre, who did not qualify. Vacancy from Mar. 4, 1835, to Jan. 13, 1836.
\3\Retired Feb. 4, 1861. Seat declared vacant Mar. 14, 1861. Vacancy from Feb. 4, 1861, to July 8, 1868, because
of Civil War.
\4\By legislature, to fill vacancy in term beginning Mar. 4, 1865.
\5\Elected Nov. 4, 1930. Took oath Jan. 25, 1932. Governor during interim. Died Sept. 10, 1935. Vacancy from
Sept. 11, 1935 to Jan. 30, 1936.
\6\By governor, to fill vacancy. Resigned, effective Nov. 13, 1972.
\7\Died May 19, 1833. Vacancy from May 20 to Dec. 18, 1833.
\8\Resigned Jan. 5, 1837; subsequently elected for term beginning Mar. 4, 1843, but did not qualify.
\9\Alexander Porter was elected for this term. Did not present credentials nor qualify. Vacancy from Mar. 4,
1843, to Feb. 12, 1844.
\10\Retired from the Senate Feb. 4, 1861. Vacancy from Feb. 4, 1861, to July 8, 1868, because of Civil War.
\11\By legislature, to fill vacancy in term beginning Mar. 4, 1867. Resigned Nov. 1, 1872. Vacancy from Nov. 1,
1872, to Jan. 12, 1876.
\12\Resigned, effective Mar. 12, 1894.
\13\Died June 28, 1910. Vacancy from June 29 to Dec. 6, 1910.
\14\Elected Nov. 2, 1948, for term expiring Jan. 2, 1951. Oath administered Dec. 31, 1948.
836 837
836 837
MAINE
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
16th-19th....................... John Holmes....... June 13, 1820 Mar. 3, 1827 ......................
20th-22d........................ Albion K. Parris.. Mar. 4, 1827 Mar. 3, 1833 Res. Aug. 26, 1828.
Do............................ John Holmes....... Jan. 15, 1829 Do. ......................
23d-25th........................ Ether Shepley..... Mar. 4, 1833 Mar. 3, 1839 Res. Mar. 3, 1836.
24th............................ Judah Dana........ Dec. 7, 1836 Feb. 22, 1837 By gov., to fill vac.
25th-28th....................... Reuel Williams.... Feb. 22, 1837 Mar. 3, 1845 Res. Feb. 15, 1843.
28th-31st....................... John Fairfield.... Mar. 3, 1843 Mar. 3, 1851 Died Dec. 24, 1847.
30th............................ Wyman B. S. Moor.. Jan. 5, 1848 May 26, 1848 By gov., to fill vac.
30th-34th....................... Hannibal Hamlin... May 26, 1848 Mar. 3, 1857 Res. Jan. 7, 1857.
34th............................ Amos Nourse....... Jan. 16, 1857 Do. ......................
35th-37th....................... Hannibal Hamlin\1\ Mar. 4, 1857 Mar. 3, 1863 ......................
36th-40th....................... Lot Myrick Morrill Jan. 17, 1861 Mar. 3, 1869 ......................
41st-46th....................... Hannibal Hamlin... Mar. 4, 1869 Mar. 3, 1881 ......................
47th-61st....................... Eugene Hale....... Mar. 4, 1881 Mar. 3, 1911 ......................
62d-64th........................ Charles F. Johnson Mar. 4, 1911 Mar. 3, 1917 ......................
65th-76th....................... Frederick Hale.... Mar. 4, 1917 Jan. 2, 1941 ......................
77th-82d........................ Ralph O. Brewster. Jan. 3, 1941 Jan. 2, 1953 ......................
83d-85th........................ Frederick G. Payne Jan. 3, 1953 Jan. 2, 1959 ......................
86th-97th....................... Edmund S. Jan. 3, 1959 Jan. 2, 1983 ......................
Muskie\2\.
96th-103d....................... George J. May 17, 1980 Jan. 2, 1995 ......................
Mitchell\3\.
104th-106th..................... Olympia J. Snowe.. Jan. 3, 1995 Jan. 2, 2001 ......................
----------------------------------------------------------------------------------------------------------------
Class 2
----------------------------------------------------------------------------------------------------------------
16th-20th....................... John Chandler..... June 14, 1820 Mar. 3, 1829 ......................
21st-23d........................ Peleg Sprague..... Mar. 4, 1829 Mar. 3, 1835 Res. Jan. 1, 1835.
23d-26th........................ John Ruggles...... Jan. 20, 1835 Mar. 3, 1841 ......................
27th-29th....................... George Evans...... Mar. 4, 1841 Mar. 3, 1847 ......................
30th-32d........................ James W. Bradbury. Mar. 4, 1847 Mar. 3, 1853 ......................
33d-38th........................ William Pitt Feb. 10, 1854 Mar. 3, 1865 Res. July 1, 1864.
Fessenden.
38th............................ Nathan A. Farwell. Oct. 27, 1864 Jan. 10, 1865 By gov., to fill vac.
Do............................ ......do.......... Jan. 11, 1865 Mar. 3, 1865 ......................
39th-41st....................... William Pitt Mar. 4, 1865 Mar. 3, 1871 Died Sept. 9, 1869.
Fessenden.
41st............................ Lot Myrick Morrill Oct. 30, 1869 Jan. 18, 1870 By gov., to fill vac.
41st-44th....................... ......do.......... Jan. 19, 1870 Mar. 3, 1877 Res. July 7, 1876.
44th............................ James G. Blaine... July 10, 1876 Jan. 16, 1877 By gov., to fill vac.
44th-47th....................... ......do.......... Jan. 17, 1877 Mar. 3, 1883 Res. Mar. 5, 1881.
47th-62d........................ William P. Frye\4\ Mar. 18, 1881 Mar. 3, 1913 ......................
62d............................. Obadiah Gardner... Sept. 23, 1911 Apr. 1, 1912 By Gov., to fill vac.
Do............................ ......do.......... Apr. 2, 1912 Mar. 3, 1913 ......................
63d-65th........................ Edwin C. Mar. 4, 1913 Mar. 3, 1919 ......................
Burleigh\5\.
64th-71st....................... Bert M. Fernald... Sept. 12, 1916 Mar. 3, 1931 Died Aug. 23, 1926.
69th-71st....................... Arthur R. Gould... Nov. 30, 1926 Mar. 3, 1931 ......................
72d-80th........................ Wallace H. White, Mar. 4, 1931 Jan. 2, 1949 ......................
Jr.
81st-92d........................ Margaret Chase Jan. 3, 1949 Jan. 2, 1973 ......................
Smith.
93d-95th........................ William D. Jan. 3, 1973 Jan. 2, 1979 ......................
Hathaway.
96th-104th...................... William S. Cohen.. Jan. 3, 1979 Jan. 2, 1997 ......................
105th-107th..................... Susan M. Collins.. Jan. 3, 1997 Jan. 2, 2003
----------------------------------------------------------------------------------------------------------------
\1\Resigned Jan. 7, 1861, to take effect Jan. 17, 1861.
\2\Resigned May 7, 1980, having been confirmed as Secretary of State by the Senate.
\3\By governor, to fill vacancy in term ending Jan. 2, 1983. Vacancy from May 8 to May 16, 1980.
\4\Elected Mar. 15, 1881. Resigned From House Mar. 17, 1881. Died Aug. 8, 1911.
\5\Died June 16, 1916. Vacancy from June 17 to Sept. 11, 1916, because of recess of legislature.
See footnotes at end of
Maryland table.
838 839
838 839
MARYLAND
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
1st-4th......................... C. Carroll, of Mar. 4, 1789 Mar. 3, 1797 Res. Nov. 30, 1792.
Carrollton.
2d-4th.......................... Richard Potts..... Jan. 10, 1793 Do. Res. Oct. 24, 1796.
4th-7th......................... John E. Howard.... Nov. 30, 1796 Mar. 3, 1803 ......................
8th-10th........................ Samuel Smith...... Mar. 4, 1803 Mar. 3, 1809 ......................
11th............................ ......do.......... Mar. 4, 1809 Nov. 15, 1809 By gov., to fill vac.
11th-13th....................... ......do.......... Nov. 16, 1809 Mar. 3, 1815 ......................
14th-16th....................... Robert G. Jan. 29, 1816 Mar. 3, 1821 ......................
Harper\1\.
Do............................ Alexander Contee Dec. 20, 1816 Do. Died Apr. 23, 1819.
Hanson.
16th-19th....................... William Pinkney... Dec. 21, 1819 Mar. 3, 1827 Died Feb. 25, 1822.
17th-23d........................ Samuel Smith...... Dec. 16, 1822 Mar. 3, 1833 ......................
23d-25th........................ Joseph Kent....... Mar. 4, 1833 Mar. 3, 1839 Died Nov. 24, 1837.
25th-28th....................... William D. Merrick Jan. 4, 1838 Mar. 3, 1845 ......................
29th-31st....................... Reverdy Johnson... Mar. 4, 1845 Mar. 3, 1851 Res. Mar. 7, 1849.
31st............................ David Stewart..... Dec. 6, 1849 Jan. 12, 1850 By gov., to fill vac.
31st-34th....................... Thomas G. Pratt... Jan. 12, 1850 Mar. 3, 1857 ......................
35th-37th....................... Anthony Kennedy... Mar. 4, 1857 Mar. 3, 1863 ......................
38th-40th....................... Reverdy Johnson... Mar. 4, 1863 Mar. 3, 1869 Res. July 10, 1868.
40th............................ William Pinkney July 13, 1868 Do. By gov., to fill vac.
Whyte.
41st-43d........................ William T. Mar. 4, 1869 Mar. 3, 1875 ......................
Hamilton.
44th-46th....................... William Pinkney Mar. 4, 1875 Mar. 3, 1881 ......................
Whyte.
47th-55th....................... Arthur P. Gorman.. Mar. 4, 1881 Mar. 3, 1899 ......................
56th-58th....................... Louis E. McComas.. Mar. 4, 1899 Mar. 3, 1905 ......................
59th-64th....................... Isidor Rayner..... Mar. 4, 1905 Mar. 3, 1917 Died Nov. 25, 1912.
62d-63d......................... William P. Jackson Nov. 29, 1912 Jan. 28, 1914 By gov., to fill vac.
63d-64th........................ Blair Lee......... Jan. 29, 1914 Mar. 3, 1917
65th-67th....................... Joseph L. France.. Mar. 4, 1917 Mar. 3, 1923 ......................
68th-70th....................... William Cabell Mar. 4, 1923 Mar. 3, 1929 ......................
Bruce.
71st-73d........................ Phillips Lee Mar. 4, 1929 Jan. 2, 1935 ......................
Goldsborough.
74th-79th....................... George L.P. Jan. 3, 1935 Jan. 2, 1947 ......................
Radcliffe.
80th-82d........................ Herbert R. O'Conor Jan. 3, 1947 Jan. 2, 1953 ......................
83d-88th........................ J. Glenn Beall.... Jan. 3, 1953 Jan. 2, 1965 ......................
89th-91st....................... Joseph D. Tydings. Jan. 3, 1965 Jan. 2, 1971 ......................
92d-94th........................ J. Glenn Beall, Jr Jan. 3, 1971 Jan. 2, 1977 ......................
95th-106th...................... Paul S. Sarbanes.. Jan. 3, 1977 Jan. 2, 2001 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
1st-6th......................... John Henry........ Mar. 4, 1789 Mar. 3, 1801 Res. Dec. 10, 1797.
5th-6th......................... James Lloyd....... Dec. 11, 1797 Do. Res. Dec. 1, 1800.
6th............................. William Hindman... Dec. 12, 1800 Do. ......................
7th............................. ......do.......... Mar. 4, 1801 Nov. 19, 1801 By gov., to fill vac.
7th-9th......................... Robert Wright..... Nov. 19, 1801 Mar. 3, 1807 Res. Nov. 12, 1806.
9th-12th........................ Philip Reed....... Nov. 25, 1806 Mar. 3, 1813 ......................
13th-15th....................... Robert H. May 21, 1813 Mar. 3, 1819 ......................
Goldsborough.
16th-21st....................... Edward Lloyd...... Dec. 21, 1819 Mar. 3, 1831 Res. Jan. 4, 1826.
19th-24th....................... Ezekiel F. Jan. 24, 1826 Mar. 3, 1837 Res. in 1834.
Chambers.
23d-24th........................ Robert H. Jan. 13, 1835 Do. Died Oct. 5, 1936.
Goldsborough.
24th-27th....................... John S. Spence.... Dec. 31, 1836 Mar. 3, 1843 Died Oct. 24, 1840.
26th-27th....................... John Leeds Kerr... Jan. 5, 1841 Do. ......................
28th-29th....................... James A. Pearce... Mar. 4, 1843 Mar. 3, 1867 Died Dec. 20, 1862.
37th-38th....................... Thomas H. Hicks... Dec. 29, 1862 Jan. 11, 1864 By gov., to fill vac.
38th-39th....................... ......do.......... Jan. 12, 1864 Mar. 3, 1867 Died Feb. 14, 1865.
39th............................ John A. J. Mar. 9, 1865 Do. ......................
Creswell.
40th-42d........................ George Vickers\2\. Mar. 7, 1868 Mar. 3, 1873 ......................
43d-45th........................ George R. Dennis.. Mar. 4, 1873 Mar. 3, 1879 ......................
46th-48th....................... James B. Groome... Mar. 4, 1879 Mar. 3, 1885 ......................
49th-51st....................... Ephraim King Mar. 4, 1885 Mar. 3, 1891 ......................
Wilson\3\.
52d............................. Charles H. Gibson. Nov. 19, 1891 Jan. 2, 1892 By gov., to fill vac.
52d-54th........................ ......do.......... Jan. 21, 1892 Mar. 3, 1897 ......................
55th-57th....................... George L. Mar. 4, 1897 Mar. 3, 1903 ......................
Wellington.
58th-60th....................... Arthur P. Gorman.. Mar. 4, 1903 Mar. 3, 1909 Died June 4, 1906.
59th-60th....................... William Pinkney June 8, 1906 Jan. 14, 1908 By gov. to fill vac.
Whyte.
60th............................ ......do.......... Jan. 15, 1908 Mar. 3, 1909 Died Mar. 17, 1908.
60th-66th....................... John Walter Smith. Mar. 25, 1908 Mar. 3, 1921 ......................
67th-69th....................... Ovington E. Weller Mar. 4, 1921 Mar. 3, 1927 ......................
70th-81st....................... Millard E. Tydings Mar. 4, 1927 Jan. 2, 1951 ......................
82d-87th........................ John Marshall Jan. 3, 1951 Jan. 2, 1963 ......................
Butler.
88th-90th....................... Daniel B. Brewster Jan. 3, 1963 Jan. 2, 1969 ......................
91st-99th....................... Charles McC. Jan. 3, 1969 Jan. 2, 1987 ......................
Mathias, Jr.
100th-108th..................... Barbara A. Jan. 3, 1987 Jan. 2, 2005 ......................
Mikulski.
----------------------------------------------------------------------------------------------------------------
\1\Vacancy from Mar. 4, 1815, to Jan. 28, 1816, because of failure of legislature to elect. Resigned Dec. 6,
1816.
\2\Philip F. Thomas was elected but was not permitted to qualify. Vacancy from Mar. 4, 1867, to Mar. 6, 1868.
\3\Died Feb. 24, 1891. Had been reelected on Jan. 15, 1890, for the term beginning Mar. 4, 1891. Vacancy from
Feb. 25 to Nov. 18, 1891, because of recess of legislature.
See footnotes at end of
Massachusetts table.
840 841
840 841
MASSACHUSETTS
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
1st............................. Tristram Dalton... Mar. 4, 1789 Mar. 3, 1791 ......................
2d-4th.......................... George Cabot...... Mar. 4, 1791 Mar. 3, 1797 Res. June 9, 1796.
4th-7th......................... Benjamin Goodhue.. June 11, 1796 Mar. 3, 1803 Res. Nov. 8, 1800.
6th-7th......................... Jonathan Mason.... Nov. 14, 1800 Do. ......................
8th-10th........................ John Quincy Adams. Mar. 4, 1803 Mar. 3, 1809 Res. June 8, 1808.
10th-13th....................... James Lloyd....... June 9, 1808 Mar. 3, 1815 Res. May 1, 1813.
13th............................ Christopher Gore.. May 5, 1813 May 29, 1813 By gov., to fill vac.
13th-16th....................... ......do.......... May 30, 1813 Mar. 3, 1821 Res. May 30, 1816.
14th-16th....................... Eli P. Ashmun..... June 12, 1816 Do. Res. May 10, 1818.
15th-16th....................... Prentiss Mellen... June 5, 1818 Do. Res. May 15, 1820.
16th-19th....................... Elijah H. Mills... June 12, 1820 Mar. 3, 1827 ......................
20th-28th....................... Daniel Webster.... May 30, 1827 Mar. 3, 1845 Res. Feb. 22, 1841.
26th-28th....................... Rufus Choate...... Feb. 23, 1841 Do. ......................
29th-31st....................... Daniel Webster.... Mar. 4, 1845 Mar. 3, 1851 Res. July 22, 1850.
31st............................ Robert C. Winthrop July 30, 1850 Feb. 1, 1851 By gov., to fill vac.
Do............................ Robert Rantoul.... Feb. 1, 1851 Mar. 3, 1851 ......................
32d-43d......................... Charles Sumner.... Mar. 4, 1851 Mar. 3, 1875 Died Mar. 11, 1874
43d............................. William B. Apr. 17, 1874 Mar. 3, 1875 ......................
Washburn.
44th-52d........................ Henry L. Dawes.... Mar. 4, 1875 Mar. 3, 1893 ......................
53d-70th........................ Henry Cabot Lodge. Mar. 4, 1893 Mar. 3, 1929 Died Nov. 9, 1924.
69th............................ William M. Butler. Nov. 13, 1924 Dec. 5, 1926 By gov., to fill vac.
69th-79th....................... David I. Walsh.... Dec. 6, 1926 Jan. 2, 1947 ......................
80th-82d........................ Henry Cabot Lodge, Jan. 3, 1947 Jan. 2, 1953 ......................
Jr.
83d-88th........................ John F. Kennedy\1\ Jan. 3, 1953 Jan. 2, 1965 ......................
87th............................ Benjamin A. Smith, Dec. 27, 1960 Nov. 6, 1962 By gov., to fill vac.
II.
87th-106th...................... Edward M. Kennedy. Nov. 7, 1962 Jan. 2, 2001 ......................
----------------------------------------------------------------------------------------------------------------
Class 2
----------------------------------------------------------------------------------------------------------------
1st-5th......................... Caleb Strong...... Mar. 4, 1789 Mar. 3, 1799 Res. June 1, 1796.
4th-5th......................... Theodore Sedgwick. June 11, 1796 Do. ......................
6th-8th......................... Samuel Dexter..... Mar. 4, 1799 Mar. 3, 1805 Res. May 30, 1800.
Do............................ Dwight Foster..... June 6, 1800 Do. Res. Mar. 3, 1803.
8th-11th........................ Timothy Pickering. Mar. 4, 1803 Mar. 3, 1811 ......................
12th-14th....................... Joseph B. Varnum.. June 8, 1811 Mar. 3, 1817 ......................
15th-17th....................... Harrison Gray Otis Mar. 4, 1817 Mar. 3, 1823 Res. May 30, 1822.
17th-20th....................... James Lloyd....... June 5, 1822 Mar. 3, 1829 Res. May 23, 1826.
19th-23d........................ Nathaniel Silsbee. May 31, 1826 Mar. 3, 1835 ......................
24th-26th....................... John Davis........ Mar. 4, 1835 Mar. 3, 1841 Res. Jan. 5, 1841.
26th-29th....................... Isaac C. Bates.... Jan. 13, 1841 Mar. 3, 1847 Died Mar. 16, 1945.
29th-32d........................ John Davis........ Mar. 24, 1845 Mar. 3, 1853 ......................
33d-35th........................ Edward Everett.... Mar. 4, 1853 Mar. 3, 1859 Res. June 1, 1854.
33d............................. Julius Rockwell... June 3, 1854 Jan. 31, 1855 By gov., to fill vac.
33d-44th........................ Henry Wilson...... Jan. 31, 1855 Mar. 3, 1877 Res. Mar. 3, 1873.
43d-44th........................ George S. Boutwell Mar. 12, 1873 Do. ......................
45th-59th....................... George F. Hoar.... Mar. 4, 1877 Mar. 3, 1907 Died Sept. 30, 1904.
58th............................ Winthrop Murray Oct. 12, 1904 Jan. 17, 1905 By gov., to fill vac.
Crane.
58th-62d........................ ......do.......... Jan. 18, 1905 Mar. 3, 1913 ......................
63d-65th........................ John W. Weeks..... Mar. 4, 1913 Mar. 3, 1919 ......................
66th-68th....................... David I. Walsh.... Mar. 4, 1919 Mar. 3, 1925 ......................
69th-71st....................... Frederick H. Mar. 4, 1925 Mar. 3, 1931 ......................
Gillett.
72d-74th........................ Marcus A. Coolidge Mar. 4, 1931 Mar. 3, 1937 ......................
75th-80th....................... Henry Cabot Lodge, Jan. 3, 1937 Jan. 2, 1949 Res. Feb. 3, 1944.
Jr.
78th............................ Sinclair Weeks.... Feb. 8, 1944 Dec. 19, 1944 By gov., to fill vac.
78th-89th....................... Leverett Jan. 4, 1945 Jan. 2, 1967 ......................
Saltonstall\2\.
90th-95th....................... Edward W. Brooke.. Jan. 3, 1967 Jan. 2, 1979 ......................
96th-98th....................... Paul Tsongas...... Jan. 3, 1979 Jan. 2, 1985 ......................
99th-107th...................... John F. Kerry..... Jan. 3, 1985 Jan. 2, 2003 ......................
----------------------------------------------------------------------------------------------------------------
\1\Resigned Dec. 22, 1960, having been elected President of the United States for the 44th term on Nov. 8, 1960.
Vacancy from Dec. 23 to 26, 1960.
\2\Elected Nov. 7, 1944. Took oath Jan. 10, 1945. Governor during interim.
842 843
842 843
MICHIGAN
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
24th-25th....................... Lucius Lyon....... Jan. 26, 1837 Mar. 3, 1839 ......................
26th-28th....................... Augustus S. Porter Jan. 20, 1840 Mar. 3, 1845 ......................
29th-31st....................... Lewis Cass........ Mar. 4, 1845 Mar. 3, 1851 Res. May 29, 1848.
30th............................ Thomas Fitzgerald. June 8, 1848 Mar. 3, 1849 By gov., to fill vac.
30th-34th....................... Lewis Cass........ Mar. 4, 1849 Mar. 3, 1857 ......................
35th-43d........................ Zachariah Chandler Mar. 4, 1857 Mar. 3, 1875 ......................
44th-46th....................... Isaac P. Mar. 4, 1875 Mar. 3, 1881 Res. Feb. 10, 1879.
Christiancy.
46th............................ Zachariah Chandler Feb. 19, 1879 Do. Died Nov. 1, 1879.
Do............................ Henry P. Baldwin.. Nov. 17, 1879 Jan. 18, 1881 By gov., to fill vac.
Do............................ ......do.......... Jan. 19, 1881 Mar. 3, 1881 ......................
47th-49th....................... Omar D. Conger.... Mar. 4, 1881 Mar. 3, 1887 ......................
50th-55th....................... Francis B. Mar. 4, 1887 Mar. 3, 1899 Died Apr. 30, 1894.
Stockbridge.
53d............................. John Patton, Jr... May 5, 1894 Jan. 14, 1895 By gov., to fill vac.
53d-61st........................ Julius C. Burrows. Jan. 23, 1895 Mar. 3, 1911 ......................
62d-67th........................ Charles E. Mar. 4, 1911 Mar. 3, 1923 ......................
Townsend.
68th-70th....................... Woodbridge N. Mar. 4, 1923 Mar. 3, 1929 Died Mar. 23, 1928.
Ferris.
70th............................ Arthur H. Mar. 31, 1928 Nov. 5, 1928 By gov., to fill vac.
Vandenberg.
70th-82d........................ ......do.......... Nov. 6, 1928 Jan. 2, 1953 Died Apr. 18, 1951.
82d............................. Blair Moody....... Apr. 22, 1951 Nov. 4, 1952 By gov., to fill vac.
82d-85th........................ Charles E. Potter Nov. 5, 1952 Jan. 2, 1959 ......................
\1\.
86th-94th....................... Phillip A. Hart... Jan. 3, 1959 Jan. 2, 1977 Died Dec. 26, 1976.
94th-103d....................... Donald W. Riegle, Dec. 30, 1976 Jan. 2, 1995 ......................
Jr.\2\.
104th-106th..................... Spencer Abraham... Jan. 3, 1995 Jan. 2, 2001 ......................
----------------------------------------------------------------------------------------------------------------
Class 2
----------------------------------------------------------------------------------------------------------------
24th-26th....................... John Norvell...... Jan. 26, 1837 Mar. 3, 1841 ......................
27th-29th....................... William Woodbridge Mar. 4, 1841 Mar. 3, 1847 ......................
30th-32d........................ Alpheus Felch..... Mar. 4, 1847 Mar. 3, 1853 ......................
33d-35th........................ Charles E. Stuart. Mar. 4, 1853 Mar. 3, 1859 ......................
36th-38th....................... Kinsley S. Bingham Mar. 4, 1859 Mar. 3, 1865 Died Oct. 5, 1861.
37th-41st....................... Jacob M. Howard... Jan. 4, 1862 Mar. 3, 1871 ......................
42d-47th........................ Thomas W. Ferry... Mar. 4, 1871 Mar. 3, 1883 ......................
48th-50th....................... Thomas W. Palmer.. Mar. 4, 1883 Mar. 3, 1889 ......................
51st-59th....................... James McMillan.... Mar. 4, 1889 Mar. 3, 1907 Died Aug. 10, 1902.
57th............................ Russell A. Alger.. Sept. 27, 1902 Jan. 19, 1903 By gov., to fill vac.
57th-59th....................... ......do.......... Jan. 20, 1903 Mar. 3, 1907 Died Jan. 24, 1907.
59th-65th....................... William Alden Feb. 6, 1907 Mar. 3, 1919 ......................
Smith.
66th-68th....................... Truman H. Newberry Mar. 4, 1919 Mar. 3, 1925 Res. Nov. 18, 1922.
67th-68th....................... James Couzens..... Nov. 29, 1922 Nov. 3, 1924 By gov., to fill vac.
68th-74th....................... James Couzens\3\.. Nov. 4, 1924 Jan. 2, 1937 ......................
74th............................ Prentiss M. Brown. Nov. 19, 1936 Do. Do.
75th-77th....................... ......do.......... Jan. 3, 1937 Jan. 2, 1943 ......................
78th-83d........................ Homer Ferguson.... Jan. 3, 1943 Jan. 2, 1955 ......................
84th-89th....................... Patrick V. Jan. 3, 1955 Jan. 2, 1967 Died Apr. 30, 1966.
McNamara.
89th-95th....................... Robert P. May 11, 1966 Jan. 2, 1979 ......................
Griffin\4\.
96th-107th...................... Carl Levin........ Jan. 3, 1979 Jan. 2, 2003 ......................
----------------------------------------------------------------------------------------------------------------
\1\Elected Nov. 4, 1952, to fill vacancy in term ending Jan. 2, 1953, and also to fill term ending Jan. 2, 1959.
\2\By governor, to fill vacancy in term ending Jan. 2, 1977.
\3\Died Oct. 22, 1936. Vacancy from Oct. 23 to Nov. 18, 1936.
\4\By governor, to fill vacancy in term ending Jan. 2, 1967.
MINNESOTA
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
35th-37th....................... Henry M. Rice..... May 11, 1858 Mar. 3, 1863 ......................
38th-43d........................ Alexander Ramsey.. Mar. 4, 1863 Mar. 3, 1875 ......................
44th-49th....................... Samuel J. R. Mar. 4, 1875 Mar. 3, 1887 ......................
McMillan.
50th-58th....................... Cushman K. Davis.. Mar. 4, 1887 Mar. 3, 1905 Died Nov. 27, 1900.
56th............................ Charles A. Towne.. Dec. 5, 1900 Jan. 23, 1901 By gov., to fill vac.
56th-64th....................... Moses E. Clapp.... Jan. 23, 1901 Mar. 3, 1917 ......................
65th-67th....................... Frank B. Kellogg.. Mar. 4, 1917 Mar. 3, 1923 ......................
68th-79th....................... Henrik Shipstead.. Mar. 4, 1923 Jan. 2, 1947 ......................
80th-85th....................... Edward J. Thye.... Jan. 3, 1947 Jan. 2, 1959 ......................
86th-91st....................... Eugene J. McCarthy Jan. 3, 1959 Jan. 2, 1971 ......................
92nd-97th....................... Hubert H. Humphrey Jan. 3, 1971 Jan. 2, 1983 Died Jan. 13, 1978.
95th............................ Muriel Humphrey\1\ Jan. 25, 1978 Nov. 7, 1978 ......................
95th-103d....................... David Nov. 8, 1978 Jan. 2, 1995 ......................
Durenberger\2\.
104th-106th..................... Rod Grams......... Jan. 3, 1995 Jan. 2, 2001 ......................
----------------------------------------------------------------------------------------------------------------
Class 2
----------------------------------------------------------------------------------------------------------------
35th............................ James Shields..... May 11, 1858 Mar. 3, 1859 ......................
36th-38th....................... Morton S. Mar. 4, 1859 Mar 3, 1865 ......................
Wilkinson.
39th-41st....................... Daniel S. Norton.. Mar. 4, 1865 Mar. 3, 1871 Died July 13, 1870.
41st............................ William Windom.... July 15, 1870 Jan. 22, 1871 By gov., to fill vac.
Do............................ Ozora P. Stearns.. Jan 18, 1871 Mar. 3, 1871 ......................
42d-47th........................ William Windom.... Mar. 4, 1871 Mar. 3, 1883 Res. Mar. 4, 1881.
47th............................ A. J. Edgerton.... Mar.12, 1881 Oct. 26, 1881 By gov. to fill vac.
Do............................ William Windom.... Oct. 27, 1881 Mar. 3, 1883 ......................
48th-50th....................... Dwight M. Sabin... Mar. 4, 1883 Mar. 3, 1889 ......................
51st-53d........................ William D. Mar. 4, 1889 Mar. 3, 1895 ......................
Washburn.
54th-68th....................... Knute Nelson...... Mar. 4, 1895 Mar. 3, 1925 Died Apr. 28, 1923.
68th............................ Magnus Johnson.... July 16, 1923 Do. ......................
69th-74th....................... Thomas D. Schall.. Mar. 4, 1925 Jan. 2, 1937 Died Dec. 22, 1935.
74th............................ Elmer A. Benson... Dec. 27, 1935 Nov. 3, 1936 By gov., to fill vac.
Do............................ Guy V. Howard..... Nov. 4, 1936 Jan. 2, 1937 ......................
75th-77th....................... Ernest Lundeen\3\. Jan. 3, 1937 Jan. 2, 1943 Died Aug. 31, 1940.
76th-77th....................... Joseph H. Ball.... Oct. 14, 1940 Nov. 17, 1942 By gov., to fill vac.
77th............................ Arthur E. Nelson.. Nov. 18, 1942 Jan. 2, 1943 ......................
78th-80th....................... Joseph H. Ball.... Jan. 3, 1943 Jan. 2, 1949 ......................
81st-88th....................... Hubert H. Jan. 3, 1949 Jan. 2, 1967 ......................
Humphrey\4\.
89th-95th....................... Walter F. Dec. 30, 1964 Jan. 2, 1979 ......................
Mondale\5\.
95th-97th....................... Wendell R. Dec. 30, 1976 Jan. 2, 1979 ......................
Anderson\6\.
96th-101st...................... Rudy Boschwitz\7\. Dec. 30, 1978 Jan. 2, 1991 ......................
102d-107th...................... Paul D. Wellstone. Jan. 3, 1991 Jan. 2, 2003 ......................
----------------------------------------------------------------------------------------------------------------
\1\By governor, to fill vacancy in term ending Jan. 2, 1983, until election held on Nov. 7, 1978.
\2\Elected Nov. 7, 1978, to complete vacancy in term ending Jan. 2, 1983.
\3\Vacancy from Sept. 1 to Oct. 13, 1940.
\4\Resigned Dec. 29, 1964, having been elected Vice President of the United States for the 45th term on Nov. 3,
1964.
\5\By governor, to fill vacancy in term ending Jan. 2, 1967. Resigned Dec. 30, 1976, having been elected Vice
President of the United States on Nov. 2, 1976.
\6\By governor, to fill vacancy in term ending Jan. 2, 1979. Resigned Dec. 29, 1978.
\7\By governor, to fill vacancy in term ending Jan. 2, 1979.
See footnotes at end of
Mississippi table.
846 847
846 847
MISSISSIPPI
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
15th-16th....................... Walter Leake...... Dec. 10, 1817 Mar. 3, 1821 Res. May 15, 1820.
16th............................ David Holmes...... Aug. 30, 1820 Do. By gov., to fill vac.
17th-19th....................... ......do.......... Mar. 4, 1821 Mar. 3, 1827 Res. Sept. 25, 1825.
19th............................ Powhatan Ellis.... Sept. 28, 1825 Jan. 28, 1826 By gov., to fill vac.
Do............................ Thomas B. Reed.... Jan. 28, 1826 Mar. 3, 1827 ......................
20th-22d........................ Powhatan Ellis.... Mar. 4, 1827 Mar. 3, 1833 Res. July 10, 1832.
22d............................. John Black........ Nov. 12, 1832 Do. By gov., to fill vac.
23d-25th........................ ......do.......... Mar. 4, 1833 Mar. 3, 1839 Res. Jan. 22, 1838.
25th............................ James F. Trotter.. Jan. 22, 1838 Do. Res. July 10, 1838.
Do............................ Thomas Hickman Nov. 12, 1838 Jan. 29, 1839 By gov., to fill vac.
Williams.
Do............................ ......do.......... Jan. 30, 1839 Mar. 3, 1839 ......................
26th-28th....................... John Henderson.... Mar. 4, 1839 Mar. 3, 1845 ......................
29th-31st....................... Jesse Speight..... Mar. 4, 1845 Mar. 3, 1851. Died May 1, 1847.
30th............................ Jefferson Davis... Aug. 10, 1847 Jan. 10, 1848 By gov., to fill vac.
30th-34th....................... ......do.......... Jan. 11, 1848 Mar. 3, 1857 Res. Sept. 23, 1851.
32d............................. John J. McRae..... Dec. 1, 1851 Mar. 17, 1852 By gov., to fill vac.
32d-34th........................ Stephen Adams..... Mar. 17, 1852 Mar. 3, 1857 ......................
35th-37th....................... Jefferson Davis\1\ Mar. 4, 1857 Mar. 3, 1863 ......................
41st-43d........................ Adelbert Ames\2\.. Jan. 18, 1870 Mar. 3, 1875 ......................
43d............................. Henry R. Pease.... Feb. 3, 1874 Do. ......................
44th-46th....................... Blanche K. Bruce.. Mar. 4, 1875 Mar. 3, 1881 ......................
47th-55th....................... James Z. George... Mar. 4, 1881 Mar. 3, 1899 Died Aug. 14, 1897.
55th............................ Hernando D. Money. Oct. 8, 1897 Jan. 18, 1898 By gov., to fill vac.
55th-61st....................... ......do.......... Jan. 19, 1898 Mar. 3, 1911 ......................
62d-67th........................ John Sharp Mar. 4, 1911 Mar. 3, 1923 ......................
Williams.
68th-73d........................ Hubert D. Stephens Mar. 4, 1923 Jan. 2, 1935 ......................
74th-82d........................ Theodore G. Jan. 3, 1935 Jan. 2, 1953 ......................
Bilbo\3\.
80th-100th...................... John C. Stennis\4\ Nov. 5, 1947 Jan. 2, 1989 ......................
101st-106th..................... Trent Lott........ Jan. 3, 1989 Jan. 2, 2001 ......................
----------------------------------------------------------------------------------------------------------------
Class 2
----------------------------------------------------------------------------------------------------------------
15th-20th....................... Thomas Hill Dec. 10, 1817 Mar. 3, 1829 ......................
Williams.
21st-23d........................ Thomas B. Reed.... Mar. 4, 1829 Mar. 3, 1835 Died Nov. 26, 1829.
Do............................ Robert H. Adams... Jan. 6, 1830 Do. Died July 2, 1830.
21st............................ George Poindexter. Oct. 15, 1830 Nov. 17, 1830 By gov., to fill vac.
21st-23d........................ ......do.......... Nov. 18, 1830 Mar. 3, 1835 ......................
24th-29th....................... Robert J. Walker.. Mar. 4, 1835 Mar. 3, 1847 Res. Mar. 5, 1845.
29th............................ Joseph W. Chalmers Nov. 3, 1845 Jan. 9, 1846 By gov., to fill vac.
Do.......................... ......do.......... Jan. 10, 1846 Mar. 3, 1847 ......................
30th-32d........................ Henry Stuart Foote Mar. 4, 1847 Mar. 3, 1853 Res. Jan. 8, 1852.
32d............................. Walker Brooke..... Feb. 18, 1852 Do. ......................
33d-38th........................ Albert G. Brown\5\ Mar. 4, 1853 Mar. 3, 1865 ......................
41st............................ Hiram R. Revels\6\ Jan. 20, 1870 Mar. 3, 1871 ......................
42d-44th........................ James L. Alcorn\7\ Mar. 4, 1871 Mar. 3, 1877 ......................
45th-50th....................... Lucius Q. C. Lamar Mar. 4, 1877 Mar. 3, 1889 Res. Mar. 6, 1885.
49th............................ Edward C. Walthall Mar. 9, 1885 Jan. 20, 1886 By gov., to fill vac.
49th-53d........................ ......do.......... Jan. 20, 1886 Mar. 3, 1895 Res. Jan. 24, 1894.
53d............................. Anselm J. McLaurin Feb. 7, 1894 Do. ......................
54th-56th....................... Edward C. Walthall Mar. 4, 1885 Mar. 3, 1901 Died Apr. 21, 1898.
55th-56th....................... William V. May 31, 1898 Jan. 15, 1900 By gov., to fill vac.
Sullivan.
56th............................ ......do.......... Jan. 16, 1900 Mar. 3, 1901 ......................
57th-62d........................ Anselm J. McLaurin Mar. 4, 1901 Mar. 3, 1913 Died Dec. 22, 1909.
61st............................ James Gordon...... Dec. 27, 1909 Feb. 22, 1910 By gov., to fill vac.
61st-62d........................ Le Roy Percy...... Feb. 23, 1910 Mar. 3, 1913 ......................
63d-65th........................ James K. Vardaman. Mar. 4, 1913 Mar. 3, 1919 ......................
66th-77th....................... Pat Harrison...... Mar. 4, 1919 Jan. 2, 1943 Died June 22, 1941.
77th............................ James O. Eastland. June 30, 1941 Sept.28,1941 By gov., to fill vac.
Do............................ Wall Doxey........ Sept. 29, 1941 Jan. 2, 1943 ......................
78th-95th....................... James O. Eastland. Jan. 3, 1943 Jan. 2, 1979 Res. Dec. 27, 1978.
95th-107th...................... Thad Cochran...... Dec. 27, 1978 Jan. 2, 2003 By gov., to fill vac.
----------------------------------------------------------------------------------------------------------------
\1\Retired from the Senate Jan. 21, 1861. Seat declared vacant Mar. 14, 1861. Vacancy from Jan. 21, 1861, to
Jan. 18, 1870, because of Civil War.
\2\By legislature, to fill vacancy in term beginning Mar. 4, 1869; resigned Jan. 10, 1874.
\3\Oath not administered for term beginning Jan. 3, 1947. Died Aug. 21, 1947.
\4\Elected Nov. 4, 1947, to fill vacancy in term ending Jan. 2, 1953.
\5\Retired from the Senate Jan. 12, 1861. Seat declared vacant Mar. 14, 1861. Vacancy from Jan. 14, 1861, to
Jan. 20, 1870, because of Civil War.
\6\By legislature, to fill vacancy in term beginning Mar. 4, 1865.
\7\Elected Jan. 18, 1870. Took oath Dec. 4, 1871. Governor during interim.
See footnotes at end of
Missouri table.
848 849
848 849
MISSOURI
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
17th-31st....................... Thomas H. Benton.. Aug. 10, 1821 Mar. 3, 1851 ......................
32d-34th........................ Henry S. Geyer.... Mar. 4, 1851 Mar. 3, 1857 ......................
35th-37th....................... Trusten Polk...... Mar. 4, 1857 Mar. 3, 1863 Exp. Jan. 10, 1862.
37th............................ John B. Henderson. Jan. 17, 1862 Jan. 5, 1863 By gov., to fill vac.
37th-40th....................... ......do.......... Jan. 6, 1863 Mar. 3, 1869 ......................
41st-43d........................ Carl Schurz....... Mar. 4, 1869 Mar. 3, 1875 ......................
44th-58th....................... Francis M. Mar. 4, 1875 Mar. 3, 1905 ......................
Cockrell.
59th-61st....................... William Warner\1\. Mar. 18, 1905 Mar. 3, 1911 ......................
62d-70th........................ James A. Reed..... Mar. 4, 1911 Mar. 3, 1929 ......................
71st-73d........................ Roscoe C. Mar. 4, 1929 Jan. 2, 1935 ......................
Patterson.
74th-79th....................... Harry S Truman\2\. Jan. 3, 1935 Jan. 2, 1947 ......................
79th............................ Frank P. Briggs... Jan. 18, 1945 Do. By gov., to fill vac.
80th-82d........................ James P. Kem...... Jan. 3, 1947 Jan. 2, 1953 ......................
83d-94th........................ Stuart Symington.. Jan. 3, 1953 Jan. 2, 1977 Res. Dec. 27, 1976.
94th-103d....................... John C. Dec. 27, 1976 Jan. 2, 1995 ......................
Danforth\3\.
104th-106th..................... John Ashcroft..... Jan. 3, 1995 Jan. 2, 2001 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
17th-21st....................... David Barton...... Aug. 10, 1821 Mar. 3, 1831 ......................
22d-24th........................ Alexander Buckner. Mar. 4, 1831 Mar. 3, 1837 Died June 6, 1833.
23d............................. Lewis F. Linn..... Oct. 25, 1833 Nov. 19, 1834 By gov., to fill vac.
23d-30th........................ ......do.......... Nov. 20, 1834 Mar. 3, 1849 Died Oct. 3, 1843.
28th............................ David R. Atchison. Oct. 14, 1843 Nov. 19, 1844 By gov., to fill vac.
28th-33d........................ ......do\4\....... Nov. 20, 1844 Mar. 3, 1855 ......................
34th-36th....................... James S. Green.... Jan. 12, 1857 Mar. 3, 1861 ......................
37th-39th....................... Waldo P. Mar. 17, 1861 Mar. 3, 1867 ......................
Johnson\5\.
37th-38th....................... Robert Wilson..... Jan. 17, 1862 Nov. 13, 1863 Do.
38th-39th....................... B. Gratz Brown.... Nov. 13, 1863 Mar. 3, 1867 ......................
40th-42d........................ Charles D. Drake.. Mar. 4, 1867 Mar. 3, 1873 Res. Dec. 19, 1870.
41st............................ Daniel T. Jewett.. Dec. 19, 1870 Jan. 20, 1871 By gov., to fill vac.
41st-42d........................ Francis P. Blair.. Jan. 20, 1871 Mar. 3, 1873 ......................
43d-45th........................ Lewis V. Bogy..... Mar. 4, 1873 Mar. 4, 1879 Died Sept. 20, 1877.
45th............................ David H. Armstrong Sept. 29, 1877 Jan. 26, 1879 By gov., to fill vac.
Do............................ James Shields..... Jan. 27, 1879 Mar. 3, 1879 ......................
46th-57th....................... George G. Vest.... Mar. 4, 1879 Mar. 3, 1903 ......................
58th-66th....................... William J. Stone.. Mar. 4, 1903 Mar. 3, 1921 Died Apr. 14, 1918.
65th............................ Xenophon P. Apr. 30, 1918 Nov. 5, 1918 By gov., to fill vac.
Wilfley.
65th-69th....................... Selden P. Spencer. Nov. 6, 1918 Mar. 3, 1927 Died May 16, 1925.
69th............................ George H. Williams May 25, 1925 Dec. 5, 1926 By gov., to fill vac.
69th-72d........................ Harry B. Hawes\6\. Dec. 6, 1926 Mar. 3, 1933 ......................
72d............................. Bennett Champ Feb. 3, 1933 Do. Do.
Clark.
73d-78th........................ ......do.......... Mar. 4, 1933 Jan. 2, 1945 ......................
79th-81st....................... Forrest C. Donnell Jan. 3, 1945 Jan. 2, 1951 ......................
82d-87th........................ Thomas C. Jan. 3, 1951 Jan. 2, 1963 Died Sept. 13, 1960.
Hennings, Jr.
86th-90th....................... Edward V. Long\7\. Sept. 23, 1960 Jan. 2, 1969 ......................
90th-99th....................... Thomas F. Dec. 28, 1968 Jan. 2, 1987 ......................
Eagleton\8\.
100th-108th..................... Christopher S. Jan. 3, 1987 Jan. 2, 2005 ......................
Bond.
----------------------------------------------------------------------------------------------------------------
\1\Vacancy from Mar. 4 to Mar. 17, 1905, because of failure of legislature to elect.
\2\Resigned Jan. 17, 1945, to become Vice President.
\3\By governor, to fill vacancy in term ending Jan. 2, 1977.
\4\Vacancy from Mar. 4, 1855, to Jan. 12, 1857, and from Mar. 3 to Mar. 17, 1861.
\5\Expelled Jan. 10, 1862. Vacancy from Jan. 10 to Jan. 17, 1862.
\6\Resigned effective Feb. 3, 1933.
\7\By governor, to fill vacancy. Elected Nov. 8, 1960, to fill unexpired term. Resigned Dec. 27, 1968.
\8\By governor, to fill vacancy in term ending Jan. 2, 1969.
See footnotes at end of
Montana table.
850 851
850 851
MONTANA
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
51st-52d........................ Wilbur F. Sanders. Jan. 1, 1890 Mar. 3, 1893 ......................
53d-55th........................ Lee Mantle\1\..... Jan. 16, 1895 Mar. 3, 1899 ......................
56th-58th....................... William A. Mar. 4, 1899 Mar. 3, 1905 ......................
Clark\2\.
57th-58th....................... Paris Gibson...... Mar. 7, 1901 Do. ......................
59th-61st....................... Thomas H. Carter.. Mar. 4, 1905 Mar. 3, 1911 ......................
62d-67th........................ Henry L. Myers.... Mar. 4, 1911 Mar. 3, 1923 ......................
68th-79th....................... Burton K. Wheeler. Mar. 4, 1923 Jan. 2, 1947 ......................
80th-82d........................ Zales N. Ecton.... Jan. 3, 1947 Jan. 2, 1953 ......................
83d-94th........................ Mike Mansfield.... Jan. 3, 1953 Jan. 2, 1977 ......................
95th-100th...................... John Melcher...... Jan. 3, 1977 Jan. 2, 1989 ......................
101st-106th..................... Conrad Burns...... Jan. 3, 1989 Jan. 2, 2001 ......................
----------------------------------------------------------------------------------------------------------------
Class 2
----------------------------------------------------------------------------------------------------------------
51st-53d........................ Thomas C. Power... Jan. 2, 1890 Mar. 3, 1895 ......................
54th-56th....................... Thomas H. Carter.. Mar. 4, 1895 Mar. 3, 1901 ......................
57th-59th....................... William A. Clark.. Mar. 4, 1901 Mar. 3, 1907 ......................
60th-62d........................ Joseph M. Dixon... Mar. 4, 1907 Mar. 3, 1913 ......................
63d-74th........................ Thomas J. Walsh... Mar. 4, 1913 Jan. 2, 1937 Died Mar. 2, 1933.
73d............................. John E. Erickson.. Mar. 13, 1933 Nov. 6, 1934 By gov., to fill vac.
73d-86th........................ James E. Murray... Nov. 7, 1934 Jan. 2, 1961 ......................
87th-95th....................... Lee Metcalf....... Jan. 3, 1961 Jan. 2, 1979 Died Jan. 12, 1978.
95th............................ Paul G. Jan. 22, 1978 Do. ......................
Hatfield\3\.
95th-107th...................... Max Baucus\4\..... Dec. 15, 1978 Jan. 2, 2003 ......................
----------------------------------------------------------------------------------------------------------------
\1\Vacancy from Mar. 4, 1893, to Jan. 16, 1895, because of failure of legislature to elect.
\2\Resigned, to take effect May 15, 1900. Vacancy from May 15, 1900, to Mar. 7, 1901.
\3\By governor, to fill vacancy in term ending Jan. 2, 1979. Resigned Dec. 14, 1978.
\4\By governor, to fill vacancy in term ending Jan. 2, 1979.
See footnotes at end of
Nebraska table.
852 853
852 853
NEBRASKA
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
40th-43d........................ Thomas W. Tipton.. Mar. 1, 1867 Mar. 3, 1875 ......................
44th-46th....................... Algernon S. Mar. 4, 1875 Mar. 3, 1881 ......................
Paddock.
47th-49th....................... Charles H. Van Mar. 4, 1881 Mar. 3, 1887 ......................
Wyck.
50th-52d........................ Algernon S. Mar. 4, 1887 Mar. 3, 1893 ......................
Paddock.
53d-55th........................ William V. Allen.. Mar. 4, 1893 Mar. 3, 1899 ......................
56th-58th....................... Monroe L. Mar. 8, 1899 Mar. 3, 1905 ......................
Hayward\1\.
56th-57th....................... William V. Allen.. Dec. 13, 1899 Mar.28,1901 By gov., to fill vac.
57th-58th....................... Charles H. Mar. 28, 1901 Mar. 3, 1905 ......................
Dietrich.
59th-61st....................... Elmer J. Burkett.. Mar. 4, 1905 Mar. 3, 1911 ......................
62d-67th........................ Gilbert M. Mar. 4, 1911 Mar. 3, 1923
Hitchcock.
68th-73d........................ Robert B. Mar. 4, 1923 Jan. 2, 1935 ......................
Howell\2\.
73d............................. William H. May 24, 1933 Nov. 6, 1934 By gov., to fill vac.
Thompson.
Do............................ Richard C. Hunter. Nov. 7, 1934 Jan. 2, 1935 ......................
74th-76th....................... Edward R. Burke... Jan. 3, 1935 Jan. 2, 1941 ......................
77th-85th....................... Hugh Butler....... Jan. 3, 1941 Jan. 2, 1959 Died July 1, 1954.
83d............................. Sam W. Reynolds... July 3, 1954 Nov. 7, 1954 By gov., to fill vac.
83d-94th........................ Roman L. Hruska\3\ Nov. 8, 1954 Jan. 2, 1977 ......................
94th-100th...................... Edward Zorinsky\4\ Dec. 28, 1976 Jan. 2, 1989 Died March 6, 1987.
100th........................... David K. Karnes... Mar. 11, 1987 Jan. 2, 1989 By gov., to fill vac.
101st-106th..................... J. Robert Kerrey.. Jan. 3, 1989 Jan. 2, 2001 ......................
----------------------------------------------------------------------------------------------------------------
Class 2
----------------------------------------------------------------------------------------------------------------
40th-41st....................... John M. Thayer.... Mar. 1, 1867 Mar. 3, 1871 ......................
42d-44th........................ Phineas W. Mar. 4, 1871 Mar. 3, 1877 ......................
Hitchcock.
45th-47th....................... Alvin Saunders.... Mar. 4, 1877 Mar. 3, 1883 ......................
48th-53d........................ Charles F. Mar. 4, 1883 Mar. 3, 1895 ......................
Manderson.
54th-56th....................... John M. Mar. 4, 1895 Mar. 3, 1901 ......................
Thurston\5\.
57th-59th....................... Joseph H. Millard. Mar. 28, 1901 Mar. 3, 1907 ......................
60th-62d........................ Norris Brown...... Mar. 4, 1907 Mar. 3, 1913 ......................
63d-77th........................ George W. Norris.. Mar. 4, 1913 Jan. 2, 1943 ......................
78th-83d........................ Kenneth S. Wherry. Jan. 3, 1943 Jan. 2, 1955 Died Nov. 29, 1951.
82d............................. Fred A. Seaton.... Dec. 10, 1951 Nov. 4, 1952 By gov., to fill vac.
82d-83d......................... Dwight Griswold\6\ Nov. 5, 1952 Jan. 2, 1955 Died Apr. 12, 1954.
83d............................. Eva Bowring....... Apr. 16, 1954 Nov. 7, 1954 By gov., to fill vac.
Do............................ Hazel H. Abel\7\.. Nov. 8, 1954 Dec. 31, 1954 ......................
----------------------------------------------------------------------------------------------------------------
NEBRASKA--Continued
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
84th-95th....................... Carl T. Curtis.... Jan. 1, 1955 Jan. 2, 1979 ......................
96th-104th...................... J.J. Exon......... Jan. 3, 1979 Jan. 2, 1997 ......................
105th-107th..................... Chuck Hagel....... Jan. 3, 1997 Jan. 2, 2003 ......................
----------------------------------------------------------------------------------------------------------------
\1\Died Dec. 5, 1899, before qualifying.
\2\Died Mar. 11, 1933. Vacancy from Mar. 12 to May 23, 1933.
\3\Elected Nov. 2, 1954, to fill vacancy in term ending Jan. 2, 1959. Resigned Dec. 27, 1976.
\4\By governor, to fill vacancy in term ending Jan. 2, 1977.
\5\Vacancy from Mar. 3 to Mar. 28, 1901, because of failure of legislature to elect.
\6\Elected Nov. 4, 1952, to fill vacancy in term ending Jan. 2, 1955.
\7\Elected Nov. 2, 1954, to fill vacancy in term ending Jan. 2, 1955. Resigned effective Dec. 31, 1954.
See footnotes at end of
Nevada table.
854 855
854 855
NEVADA
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
38th-43d........................ William M. Stewart Dec. 15, 1864 Mar. 3, 1875 ......................
44th-46th....................... William Sharon.... Mar. 4, 1875 Mar. 3, 1881 ......................
47th-49th....................... James G. Fair..... Mar. 4, 1881 Mar. 3, 1887 ......................
50th-58th....................... William M. Stewart Mar. 4, 1887 Mar. 3, 1905 ......................
59th-64th....................... George S. Nixon... Mar. 4, 1905 Mar. 3, 1917 Died June 5, 1912.
62d............................. William A. Massey. July 1, 1912 Jan. 29, 1913 By gov., to fill vac.
62d-76th........................ Key Pittman....... Jan. 29, 1913 Jan. 2, 1941 Died Nov. 10, 1940.
76th-77th....................... Berkeley L. Bunker Nov. 27, 1940 Dec. 6, 1942 By gov., to fill vac.
77th-79th....................... James G. Scrugham. Dec. 7, 1942 Jan. 2, 1947 Died June 23, 1945.
79th............................ E.P. Carville..... July 25, 1945 Do. By gov., to fill vac.
80th-85th....................... George W. Malone.. Jan. 3, 1947 Jan. 2, 1959 ......................
86th-97th....................... Howard W. Cannon.. Jan. 3, 1959 Jan. 2, 1983 ......................
98th-100th...................... Chic Hecht........ Jan. 3, 1983 Jan. 2, 1989 ......................
101st-106th..................... Richard H. Bryan.. Jan. 3, 1989 Jan. 2, 2001 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
38th-42d........................ James W. Nye...... Dec. 16, 1864 Mar. 3, 1873 ......................
43d-57th........................ John P. Jones..... Mar. 4, 1873 Mar. 3, 1903 ......................
58th-66th....................... Francis G. Mar. 4, 1903 Mar. 3, 1921 Died Dec. 24, 1917.
Newlands.
65th............................ Charles B. Jan. 12, 1918 Nov. 5, 1918 By gov., to fill vac.
Henderson.
65th-66th....................... ......do.......... Nov. 6, 1918 Mar. 3, 1921 ......................
67th-72d........................ Tasker L. Oddie... Mar. 4, 1921 Mar. 3, 1933 ......................
73d-84th........................ Patrick A. Mar. 4, 1933 Jan. 2, 1957 Died Sept. 28, 1954.
McCarran.
83d............................. Ernest S. Brown... Oct. 1, 1954 Dec. 1, 1954 By gov., to fill vac.
83d-93d......................... Alan Bible\1\..... Dec. 2, 1954 Jan. 2, 1975 Res. Dec. 17, 1974.
93d-99th........................ Paul Laxalt\2\.... Dec. 18, 1974 Jan. 2, 1987 ......................
100th-108th..................... Harry M. Reid..... Jan. 3, 1987 Jan. 2, 2005
----------------------------------------------------------------------------------------------------------------
\1\Elected Nov. 2, 1954, to fill vacancy in term ending Jan. 2, 1957.
\2\By governor, to fill vacancy in term ending Jan. 2, 1975.
Footnotes continued on next
page.
856 857
856 857
NEW HAMPSHIRE
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
1st-2d.......................... Paine Wingate..... Mar. 4, 1789 Mar. 3, 1793 ......................
3d-8th.......................... Samuel Livermore.. Mar. 4, 1793 Mar. 3, 1805 Res. June 12, 1801.
7th-8th......................... Simeon Olcott..... June 17, 1801 Do. ......................
9th-14th........................ Nicholas Gilman... Mar. 4, 1805 Mar. 3, 1817 Died May 2, 1814.
13th-14th....................... Thomas W. Thompson June 24, 1814 Do. ......................
15th-17th....................... David L. Morrill.. Mar. 4, 1817 Mar. 3, 1823 ......................
18th-23d........................ Samuel Bell....... Mar. 4, 1823 Mar. 3, 1835 ......................
24th-26th....................... Henry Hubbard..... Mar. 4, 1835 Mar. 3, 1841 ......................
27th-29th....................... Levi Woodbury..... Mar. 4, 1841 Mar. 3, 1847 Res. Nov. 20, 1845.
29th............................ Benning W. Jenness Dec. 1, 1845 June 13, 1846 By gov., to fill vac.
Do............................ Joseph Cilley..... June 13, 1846 Mar. 3, 1847 ......................
30th-32d........................ John P. Hale...... Mar. 4, 1847 Mar. 3, 1853 ......................
33d-35th........................ Charles G. Mar. 4, 1853 Mar. 3, 1859 Died Nov. 15, 1853.
Atherton.
33d............................. Jared W. Nov. 29, 1853 July 15, 1854 ......................
Williams\1\.
34th-38th....................... John P. Hale...... July 30, 1855 Mar. 3, 1865 ......................
39th-44th....................... Aaron H. Cragin... Mar. 4, 1865 Mar. 3, 1877 ......................
45th-47th....................... Edward H. Rollins. Mar. 4, 1877 Mar. 3, 1883 ......................
48th-50th....................... Austin F. Pike.... Mar. 4, 1883 Mar. 3, 1889 Died Oct. 8, 1886.
49th-50th....................... Person C. Cheney.. Nov. 24, 1886 June 14, 1887 By gov., to fill vac.
50th............................ William E. June 14, 1887 Mar. 3, 1889 ......................
Chandler.
51st............................ Gilman Marston.... Mar. 4, 1889 June18,1889 By gov., to fill vac.
51st-56th....................... William E. June 19, 1889 Mar. 3, 1901 ......................
Chandler.
57th-62d........................ Henry E. Burnham.. Mar. 4, 1901 Mar. 3, 1913 ......................
63d-65th........................ Henry F. Hollis\2\ Mar. 13, 1913 Mar. 3, 1919 ......................
66th-74th....................... Henry W. Keyes.... Mar. 4, 1919 Jan. 2, 1937 ......................
75th-89th....................... Styles Bridges.... Jan. 3, 1937 Jan. 2, 1967 Died Nov. 26, 1961.
87th............................ Maurice J. Murphy, Dec. 7, 1961 Nov. 6, 1962 By gov., to fill vac.
Jr.
87th-95th....................... Thomas J. McIntyre Nov. 7, 1962 Jan. 2, 1979 ......................
96th-101st...................... Gordon J. Humphrey Jan. 3, 1979 Jan. 2, 1991 Res. Dec. 4, 1990.
101st-107th..................... Robert C. Smith Dec. 7, 1990 Jan. 2, 2003 By gov., to fill vac.
\3\.
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
1st-6th......................... John Langdon...... Mar. 4, 1789 Mar. 3, 1801 ......................
7th-9th......................... James Sheafe...... Mar. 4, 1801 Mar. 3, 1807 Res. June 14, 1802.
Do.......................... William Plumer.... June 17, 1802 Do. ......................
10th-12th....................... Nahum Parker...... Mar. 4, 1807 Mar. 3, 1813 Res. June 1, 1810.
11th-12th....................... Charles Cutts..... June 21, 1810 Do. ......................
13th............................ ......do.......... Apr. 2, 1813 June10,1813 By gov., to fill vac.
13th-15th....................... Jeremiah Mason.... June 10, 1813 Mar. 3, 1819 Res. June 16, 1817.
15th............................ Clement Storer.... June 27, 1817 Do. ......................
16th-18th....................... John F. Parrott... Mar. 4, 1819 Mar. 3, 1825 ......................
19th-21st....................... Levi Woodbury..... June 16, 1825 Mar. 3, 1831 ......................
22d-24th........................ Isaac Hill........ Mar. 4, 1831 Mar. 3, 1837 Res. May 30, 1836.
24th............................ John Page......... June 8, 1836 Do. ......................
25th-27th....................... Franklin Pierce... Mar. 4, 1837 Mar. 3, 1834 Res. Feb. 28, 1842.
27th............................ Leonard Wilcox.... Mar. 1, 1842 June 8, 1842 By gov., to fill vac.
Do.......................... ......do.......... June 9, 1842 Mar. 3, 1843 ......................
28th-30th....................... Charles G. Mar. 4, 1843 Mar. 3, 1849 ......................
Atherton.
31st-33d........................ Moses Norris, Jr.. Mar. 4, 1849 Mar. 3, 1855 Died Jan. 11, 1855.
33d............................. John S. Wells\4\.. Jan. 16, 1855 Do. ......................
34th-36th....................... James Bell........ July 30, 1855 Mar. 3, 1861 Died May 26, 1857.
35th-39th....................... Daniel Clark...... June 27, 1857 Mar. 3, 1867 Res. July 27, 1866.
39th............................ George G. Fogg.... Aug. 31, 1866 Do. By gov., to fill vac.
40th-42d........................ James W. Patterson Mar. 4, 1867 Mar. 3, 1873 ......................
43d-45th........................ Bainbridge Mar. 4, 1873 Mar. 3, 1879 ......................
Wadleigh.
46th............................ Charles H. Bell... Mar. 13, 1879 June16,1879 Do.
46th-48th....................... Henry W. Blair.... June 17, 1879 Mar. 3, 1885 ......................
49th............................ ......do.......... Mar. 5, 1885 June16,1885 Do.
49th-51st....................... ......do.......... June 17, 1885 Mar. 3, 1891 ......................
52d-66th........................ Jacob H. Gallinger Mar. 4, 1891 Mar. 3, 1921 Died Aug. 17, 1918.
65th............................ Irving W. Drew.... Sept. 2, 1918 Nov. 5, 1918 By gov., to fill vac.
65th-72d........................ George H. Moses... Nov. 6, 1918 Mar. 3, 1933 ......................
73d-75th........................ Fred H. Brown..... Mar. 4, 1933 Jan. 2, 1939 ......................
76th-84th....................... Charles W. Tobey.. Jan. 3, 1939 Jan. 2, 1957 Died July 24, 1953.
83d............................. Robert W. Upton... Aug. 14, 1953 Nov. 7, 1954 By gov., to fill vac.
83d-93d......................... Norris Cotton\5\.. Nov. 8, 1954 Jan. 2, 1975 Res. Dec. 31, 1974.
93d............................. Louis C. Wyman.... Jan. 1, 1975 Jan. 2, 1975 By gov., to fill vac.
94th............................ Norris Cotton\6\.. Aug.8,1975 Sept. 17, 1975 ......................
94th-96th....................... John A. Durkin\7\. Sept. 18, 1975 Jan. 2, 1981 ......................
96th-102d....................... Warren Rudman\8\.. Dec. 29, 1980 Jan. 2, 1993 ......................
103d-108th...................... Judd Gregg........ Jan. 3, 1993 Jan. 2, 2005 ......................
----------------------------------------------------------------------------------------------------------------
\1\By governor, to fill vacancy. Senate resolution of Aug. 3, 1854, declared that representation under the
appointment had expired. Vacancy from Aug. 4, 1854, to July 29, 1855.
\2\Vacancy from Mar. 3 to Mar. 13, because of failure of legislature to elect.
\3\By governor to fill vacancy in term ending Jan. 2, 1991.
\4\By governor to fill vacancy. Vacancy from Mar. 4 to July 29, 1855.
\5\Elected Nov. 2, 1954, to fill vacancy in term ending Jan. 2, 1957.
\6\By governor, to fill vacancy until new senatorial election. Vacancy Jan. 3, 1975, to Aug. 8, 1975, due to
contested election.
\7\Elected Sept. 16, 1975, to fill vacancy in unexpired term ending Jan. 2, 1981, caused by the declaration of
the Senate. Resigned Dec. 29, 1980.
\8\By governor, to fill vacancy in term ending Jan. 2, 1981.
See footnotes at end of New
Jersey table.
858 859
858 859
NEW JERSEY
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
1st............................. Jonathan Elmer.... Mar. 4, 1789 Mar. 3, 1791 ......................
2d-7th.......................... John Rutherfurd... Mar. 4, 1791 Mar. 3, 1803 Res. Nov. 26, 1798.
5th............................. Franklin Davenport Dec. 5, 1798 Mar. 3, 1799 By gov., to fill vac.
5th-7th......................... James Schureman\1\ Mar. 4, 1799 Mar. 3, 1803 ......................
6th-7th......................... Aaron Ogden....... Feb. 28, 1801 Do. ......................
8th............................. John Condit\2\.... Sept. 1, 1803 Nov. 2, 1803 ......................
8th-10th........................ ......do.......... Nov. 3, 1803 Mar. 3, 1809 ......................
11th-13th....................... John Lambert...... Mar. 4, 1809 Mar. 3, 1815 ......................
14th-16th....................... James J. Wilson... Mar. 4, 1815 Mar. 3, 1821 Res. Jan. 8, 1821.
16th............................ Samuel L. Southard Jan. 26, 1821 Do. By gov., to fill vac.
17th-19th....................... ......do.......... Mar. 4, 1821 Mar. 3, 1827 Res. Mar. 3, 1823.
18th-19th....................... Joseph McIlvaine.. Nov. 12, 1823 Do. Died Aug. 19, 1826.
19th-22d........................ Ephraim Bateman... Nov. 10, 1826 Mar. 3, 1833 Res. Jan. 12, 1829.
20th-22d........................ Mahlon Dickerson.. Jan. 30, 1829 Do. ......................
23d-28th........................ Samuel L. Southard Mar. 4, 1833 Mar. 3, 1845 Died June 26, 1842.
27th............................ William L. Dayton. July 2, 1842 Oct. 27, 1842 By gov., to fill vac.
27th-31st....................... ......do.......... Oct. 28, 1842 Mar. 3, 1851 ......................
32d-34th........................ Robert F. Stockton Mar. 4, 1851 Mar. 3, 1857 Res. Jan. 10, 1853.
33d-37th........................ John R. Thomson... Mar. 4, 1853 Mar. 3, 1863 Died Sept. 12, 1862.
37th............................ Richard S. Field.. Nov. 21, 1862 Jan. 14, 1863 By gov., to fill vac.
Do............................ James W. Wall..... Jan. 14, 1863 Mar. 3, 1863 ......................
38th-40th....................... William Wright.... Mar. 4, 1863 Mar. 3, 1869 Died Nov. 1, 1866.
39th............................ Frederick T. Nov. 12, 1866 Jan. 22, 1867 By gov., to fill vac.
Frelinghuysen.
39th-40th....................... ......do.......... Jan. 23, 1867 Mar. 3, 1869 ......................
41st-43d........................ John P. Stockton.. Mar. 4, 1869 Mar. 3, 1875 ......................
44th-46th....................... Theodore F. Mar. 4, 1875 Mar. 3, 1881 ......................
Randolph.
47th-49th....................... William J. Sewell. Mar. 4, 1881 Mar. 3, 1887 ......................
50th-52d........................ Rufus Blodgett.... Mar. 4, 1887 Mar. 3, 1893 ......................
53d-55th........................ James Smith, Jr... Mar. 4, 1893 Mar. 3, 1899 ......................
56th-61st....................... John Kean......... Mar. 4, 1899 Mar. 3, 1911 ......................
62d-64th........................ James E. Martine.. Mar. 4, 1911 Mar. 3, 1917 ......................
65th-67th....................... Joseph S. Mar. 4, 1917 Mar. 3, 1923 ......................
Frelinghuysen.
68th-70th....................... Edward I. Edwards. Mar. 4, 1923 Mar. 3, 1929 ......................
71st-73d........................ Hamilton F. Kean.. Mar. 4, 1929 Jan. 2, 1935 ......................
74th-76th....................... A. Harry Moore.... Jan. 3, 1935 Jan. 2, 1941 Res. Jan. 18, 1938.
75th............................ John Milton....... Jan. 18, 1938 Nov. 8, 1938 By gov., to fill vac.
75th-79th....................... W. Warren Barbour. Nov. 9, 1938 Jan. 2, 1947 Died Nov. 22, 1943.
78th............................ Arthur Walsh...... Nov. 26, 1943 Dec. 6, 1944 By gov., to fill vac.
78th-85th....................... H. Alexander Dec. 7, 1944 Jan. 2, 1959 ......................
Smith\3\.
86th-97th....................... Harrison A. Jan. 3, 1959 Jan. 2, 1983 Res. Mar. 11, 1982
Williams, Jr.\4\.
97th............................ Nicholas F. Apr. 20, 1982 Jan. 2, 1983 By gov., to fill vac.
Brady\5\.
98th-106th...................... Frank R. Jan. 3, 1983 Jan. 2, 2001 ......................
Lautenberg\6\.
----------------------------------------------------------------------------------------------------------------
Class 2
----------------------------------------------------------------------------------------------------------------
1st-2d.......................... William Paterson.. Mar. 4, 1789 Mar. 3, 1793 Res. Nov. 13, 1790.
Do............................ Philemon Dickinson Nov. 23, 1790 Do. ......................
3d-5th.......................... Frederick Mar. 4, 1793 Mar. 3, 1799 Res. Nov. 12, 1796.
Frelinghuysen.
4th-5th......................... Richard Stockton.. Nov. 12, 1796 Do. ......................
6th-8th......................... Jonathan Dayton... Mar. 4, 1799 Mar. 3, 1805 ......................
9th-11th........................ Aaron Kitchell.... Mar. 4, 1805 Mar. 3, 1811 Res. Mar. 12, 1809.
11th............................ John Condit....... Mar. 21, 1809 Nov. 1, 1809 By gov., to fill vac.
11th-14th....................... ......do.......... Nov. 2, 1809 Mar. 3, 1817 ......................
15th-20th....................... Mahlon Dickerson.. Mar. 4, 1817 Mar. 3, 1829 Res. Jan. 30, 1829.
21st-23d........................ Theodore Mar. 4, 1829 Mar. 3, 1835 ......................
Frelinghuysen.
24th-26th....................... Garret D. Wall.... Mar. 4, 1835 Mar. 3, 1841 ......................
27th-32d........................ Jacob W. Miller... Mar. 4, 1841 Mar. 3, 1853 ......................
33d-35th........................ William Wright.... Mar. 4, 1853 Mar. 3, 1859 ......................
36th-38th....................... John C. Ten Eyck.. Mar. 4, 1859 Mar. 3, 1865 ......................
39th-41st....................... John P. Mar. 4, 1865 Mar. 3, 1871 ......................
Stockton\7\.
Do............................ Alexander G. Sept. 19, 1866 Do. ......................
Cattell\8\.
42d-44th........................ Frederick T. Mar. 4, 1871 Mar. 3, 1877 ......................
Frelinghuysen.
45th-53d........................ John R. McPherson. Mar. 4, 1877 Mar. 3, 1895 ......................
NEW JERSEY--Continued
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
54th-59th....................... William J. Sewell. Mar. 4, 1895 Mar. 3, 1907 Died Dec. 27, 1901.
57th-59th....................... John F. Dryden.... Jan. 29, 1902 Do. ......................
60th-62d........................ Frank O. Briggs... Mar. 4, 1907 Mar. 3, 1913 ......................
63d-65th........................ William Hughes.... Mar. 4, 1913 Mar. 3, 1919 Died Jan. 30, 1918.
65th............................ David Baird....... Feb. 23, 1918 Nov. 5, 1918 By gov., to fill vac.
Do............................ ......do.......... Nov. 6, 1918 Mar. 3, 1919 ......................
66th-71st....................... Walter E. Edge.... Mar. 4, 1919 Mar. 3, 1931 Res. Nov. 21, 1929.
71st............................ David Baird, Jr... Nov. 30, 1929 Dec. 2, 1930 By gov., to fill vac.
71st-74th....................... Dwight W. Morrow.. Dec. 3, 1930 Jan. 2, 1937 Died Oct. 5, 1931.
72d............................. W. Warren Barbour. Dec. 1, 1931 Nov. 8, 1932 By gov., to fill vac.
72d-74th........................ ......do.......... Nov. 9, 1932 Jan. 2, 1937 ......................
75th-77th....................... William H. Jan. 3, 1937 Jan. 2, 1943 ......................
Smathers\9\.
78th-80th....................... Albert W. Hawkes.. Jan. 3, 1943 Jan. 2, 1949 ......................
81st-83d........................ Robert C. Jan. 3, 1949 Jan. 2, 1955 ......................
Hendrickson.
84th-95th....................... Clifford P. Case.. Jan. 3, 1955 Jan. 2, 1979 ......................
96th-104th...................... Bill Bradley...... Jan. 3, 1979 Jan. 2, 1997 ......................
105th-107th..................... Robert G. Jan. 3, 1997 Jan. 2, 2003 ......................
Torricelli.
----------------------------------------------------------------------------------------------------------------
\1\ Elected Feb. 14, 1799. Served in the House during interim. Resigned Feb. 16, 1801.
\2\ By governor, to fill vacancy. Vacancy from Mar. 3, to Sept. 1, 1803, because of failure of legislature to
elect.
\3\ Elected Nov. 7, 1944, to fill vacancy in term ending Jan. 2, 1947.
\4\ Resigned from the Senate Mar. 11, 1982.
\5\ Resigned Dec. 26, 1982.
\6\ Appointed by gov., Dec. 27, 1982, to complete the unexpired term of Nicholas F. Brady, ending Jan. 3, 1983.
\7\ Seat declared vacant Mar. 27, 1866.
\8\ To fill unexpired term of John P. Stockton, unseated. Vacancy from Mar. 28 to Sept. 18, 1866.
\9\ Elected Nov. 3, 1936. Took oath Apr. 15, 1937. Served as a State senator during interim.
See footnotes at end of New
Mexico table.
860 861
860 861
NEW MEXICO
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
62d-64th........................ Thomas B. Catron.. Mar. 27, 1912 Mar. 3, 1917 ......................
65th-70th....................... Andrieus A. Jones. Mar. 4, 1917 Mar. 3, 1929 Died Dec. 20, 1927.
70th............................ Bronson Cutting... Dec. 29, 1927 Dec. 6, 1928 By gov., to fill vac.
Do............................ Octaviano A. Dec. 7, 1928 Mar. 3, 1929 ......................
Larrazolo.
71st-76th....................... Bronson Cutting... Mar. 4, 1929 Jan. 2, 1941 Died May 6, 1935.
74th............................ Dennis Chavez..... May 11, 1935 Nov. 3, 1936 By gov., to fill vac.
74th-88th....................... ......do.\1\...... Nov. 4, 1936 Jan. 2, 1965 Died Nov. 18, 1962.
87th-88th....................... E. L. Mechem\2\... Nov. 30, 1962 Nov. 3, 1964 By gov., to fill vac.
88th-94th....................... Joseph M. Montoya. Nov. 4, 1964 Jan. 2, 1977 ......................
95th-97th....................... Harrison H. Jan. 3, 1977 Jan. 2, 1983 ......................
Schmitt.
98th-106th...................... Jeff Bingaman..... Jan. 3, 1983 Jan. 2, 2001
----------------------------------------------------------------------------------------------------------------
Class 2
----------------------------------------------------------------------------------------------------------------
62d-68th........................ Albert B. Fall.... Mar. 27, 1912 Mar. 3, 1925 Res. Mar. 4, 1921.
67th............................ Holm O. Bursum.... Mar. 11, 1921 Sept.19,1921 By gov., to fill vac.
67th-68th....................... ......do.......... Sept. 20, 1921 Mar. 3, 1925 ......................
69th-74th....................... Sam G. Bratton\3\. Mar. 4, 1925 Jan. 2, 1937 ......................
73d............................. Carl A. Hatch..... Oct. 10, 1933 Nov. 6, 1934 Do.
73d-80th........................ ......do.......... Nov. 7, 1934 Jan. 2, 1949 ......................
81st-92d........................ Clinton P. Jan. 3, 1949 Jan. 2, 1973 ......................
Anderson.
93d-107th....................... Pete V. Domenici.. Jan. 3, 1973 Jan. 2, 2003 ......................
----------------------------------------------------------------------------------------------------------------
\1\ Elected Nov. 3, 1936, to fill vacancy in term ending Jan. 2, 1941.
\2\ To serve until successor is elected by law.
\3\ Resigned June 24, 1933. Vacancy from June 25 to Oct. 9, 1933.
See footnotes at end of New
York table.
862 863
862 863
NEW YORK
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
1st............................. Philip Schuyler... July 15, 1789 Mar. 3, 1791 ......................
2d-4th.......................... Aaron Burr........ Mar. 4, 1791 Mar. 3, 1797 ......................
5th-7th......................... Philip Schuyler... Mar. 4, 1797 Mar. 3, 1803 Res. Jan. 3, 1798.
Do............................ John S. Hobart.... Jan. 11, 1798 Do. Res. Apr. 16, 1798.
5th............................. William North..... May 5, 1798 Aug. 17, 1798 By gov., to fill vac.
5th-7th......................... James Watson...... Aug. 17, 1798 Mar. 3, 1803 Res. Mar. 19, 1800.
6th-7th......................... Gouverneur Morris. Apr. 3, 1800 Do. ......................
8th-10th........................ Theodorus Bailey.. Mar. 4, 1803 Mar. 3, 1809 Res. Jan. 16, 1804.
Do............................ John Armstrong.... Feb. 4, 1804 Do. Res. June 30, 1804.
Do............................ Samuel L. Mitchill Nov. 9, 1804 Do. ......................
11th-13th....................... Obadiah German.... Mar. 4, 1809 Mar. 3, 1815 ......................
14th-16th....................... Nathan Sanford.... Mar. 4, 1815 Mar. 3, 1821 ......................
17th-22d........................ Martin Van Buren.. Mar. 4, 1821 Mar. 3, 1833 Res. Dec. 20, 1828.
20th-22d........................ Charles E. Dudley. Jan. 15, 1829 Mar. 3, 1833 ......................
23d-28th........................ Nathaniel P. Mar. 4, 1833 Mar. 3, 1845 Res. June 17, 1844.
Tallmadge.
28th............................ Daniel S. Nov. 30, 1844 Jan. 17, 1845 By gov., to fill vac.
Dickinson.
28th-31st....................... ......do.......... Jan. 18, 1845 Mar. 3, 1851 ......................
32d-34th........................ Hamilton Fish..... Mar. 4, 1851 Mar. 3, 1857 ......................
35th-37th....................... Preston King...... Mar. 4, 1857 Mar. 3, 1863 ......................
38th-40th....................... Edwin D. Morgan... Mar. 4, 1863 Mar. 3, 1869 ......................
41st-43d........................ Reuben E. Fenton.. Mar. 4, 1869 Mar. 3, 1875 ......................
44th-46th....................... Francis Kernan.... Mar. 4, 1875 Mar. 3, 1881 ......................
47th-49th....................... Thomas C. Platt... Mar. 4, 1881 Mar. 3, 1887 Res. May 16, 1881.
Do............................ Warner Miller..... July 16, 1881 Do. ......................
50th-52d........................ Frank Hiscock..... Mar. 4, 1887 Mar. 3, 1893 ......................
53d-55th........................ Edward Murphy, Jr. Mar. 4, 1893 Mar. 3, 1890 ......................
56th-61st....................... Chauncey M. Depew. Mar. 4, 1899 Mar. 3, 1911 ......................
62d-64th........................ James A. O'Gorman Mar. 31, 1911 Mar. 3, 1917 ......................
\1\.
65th-67th....................... William M. Calder. Mar. 4, 1917 Mar. 3, 1923 ......................
68th-76th....................... Royal S. Copeland Mar. 4, 1923 Jan. 2, 1941 ......................
\2\.
75th-79th....................... James M. Mead \3\. Dec. 3, 1938 Jan. 2, 1947 ......................
80th-85th....................... Irving M. Ives.... Jan. 3, 1947 Jan. 2, 1959 ......................
86th-88th....................... Kenneth B. Keating Jan. 3, 1959 Jan. 2, 1965 ......................
89th-91st....................... Robert F. Kennedy. Jan. 3, 1965 Jan. 2, 1971 Died June 6, 1968.
90th-91st....................... Charles E. Goodell Sept. 10, 1968 Do. By gov., to fill vac.
92d-94th........................ James L. Buckley.. Jan. 3, 1971 Jan. 2, 1977 ......................
95th-106th...................... Daniel P. Moynihan Jan. 3, 1977 Jan. 2, 2001 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
1st-6th......................... Rufus King........ July 16, 1789 Mar. 3, 1801 Res. May 23, 1796.
4th-6th......................... John Laurance..... Nov. 9, 1796 Do. Res. in Aug. 1800.
6th-9th......................... John Armstrong.... Nov. 6, 1800 Mar. 3, 1807 Res. Feb. 5, 1802.
7th-9th......................... De Witt Clinton... Feb. 9, 1802 Do. Res. Nov. 4, 1803.
8th............................. John Armstrong.... Nov. 10, 1803 Feb. 4, 1804 By gov., to fill vac.
8th-12th........................ John Smith........ Feb. 4, 1804 Mar. 3, 1813 ......................
13th-18th....................... Rufus King........ Mar. 4, 1813 Mar. 3, 1825 ......................
19th-21st....................... Nathan Sanford \4\ Jan. 14, 1826 Mar. 3, 1831 ......................
22d-24th........................ William L. Marcy.. Mar. 4, 1831 Mar. 3, 1837 Res. Jan. 1, 1833.
22d-30th........................ Silas Wright, Jr.. Jan. 4, 1833 Mar. 3, 1849 Res. Nov. 26, 1844.
28th............................ Henry A. Foster... Nov. 30, 1844 Jan. 18, 1845 By gov., to fill vac.
28th-30th....................... John A. Dix....... Jan. 18, 1845 Jan. 3, 1849 ......................
31st-36th....................... William H. Seward. Mar. 4, 1849 Mar. 3, 1861 ......................
37th-39th....................... Ira Harris........ Mar. 4, 1861 Mar. 3, 1867 ......................
40th-48th....................... Roscoe Conkling... Mar. 4, 1867 Mar. 3, 1885 Res. May 16, 1881.
47th-48th....................... Elbridge G. Lapham July 22, 1881 Do. ......................
49th-51st....................... William M. Evarts. Mar. 4, 1885 Mar. 3, 1891 ......................
52d-54th........................ David B. Hill\5\.. Mar. 4, 1891 Mar. 3, 1897 ......................
55th-60th....................... Thomas C. Platt... Mar. 4, 1897 Mar. 3, 1909 ......................
61st-63d........................ Elihu Root........ Mar. 4, 1909 Mar. 3, 1915 ......................
64th-69th....................... James W. Mar. 4, 1915 Mar. 3, 1927 ......................
Wadsworth, Jr.
70th-81st....................... Robert F. Wagner.. Mar. 4, 1927 Jan. 2, 1951 Res. June 28, 1949.
81st............................ John Foster Dulles July 7, 1949 Nov. 8, 1949 By gov., to fill vac.
81st-84th....................... Herbert H. Nov. 9, 1949 Jan. 2, 1957 ......................
Lehman\6\.
85th-96th....................... Jacob K. Javits\7\ Jan. 9, 1957 Jan. 2, 1981 ......................
97th-105th...................... Alfonse M. D'Amato Jan. 3, 1981 Jan. 2, 1999 ......................
106th-108th..................... Charles E. Schumer Jan. 3, 1999 Jan. 2, 2005 ......................
----------------------------------------------------------------------------------------------------------------
\1\ Vacancy from Mar. 4 to Mar. 30, 1911, because of failure of legislature to elect.
\2\ Died June 17, 1938. Vacancy from June 18 to Dec. 2, 1938.
\3\ Elected Nov. 8, 1938. Served in the House during interim.
\4\ Vacancy from Mar. 4, 1825, to Jan. 13, 1826.
\5\Elected Jan. 21, 1891. Took oath Jan. 7, 1892. Governor during interim.
\6\Elected Nov. 8, 1949, to fill vacancy in term ending Jan. 2, 1951.
\7\Waived compensation Jan. 3-8, 1957, while Attorney-General of State.
See footnotes at end of
North Carolina table.
864 865
864 865
NORTH CAROLINA
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
1st-2d.......................... Samuel Johnston... Nov. 27, 1789 Mar. 3, 1793 ......................
3d-5th.......................... Alexander Martin.. Mar. 4, 1793 Mar. 3, 1799 ......................
6th-8th......................... Jesse Franklin.... Mar. 4, 1799 Mar. 3, 1805 ......................
9th-14th........................ James Turner...... Mar. 4, 1805 Mar. 3, 1817 Res. Nov. 21, 1816.
14th-17th....................... Montfort Stokes... Dec. 4, 1816 Mar. 3, 1823 ......................
18th-23d........................ John Branch....... Mar. 4, 1823 Mar. 3, 1835 Res. Mar. 9, 1829.
21st-26th....................... Bedford Brown..... Dec. 9, 1829 Mar. 3, 1841 Res. Nov. 11, 1840.
26th-32d........................ Willie P. Mangum.. Nov. 25, 1840 Mar. 3, 1853 ......................
33d-35th........................ David S. Reid\1\.. Dec. 6, 1854 Mar. 3, 1859 ......................
36th-38th....................... Thomas Bragg\2\... Mar. 4, 1859 Mar. 3, 1865 ......................
40th-41st....................... Joseph C. July 14, 1868 Mar. 3, 1871 ......................
Abbott\3\.
42d-53d......................... Matt W. Ransom\4\. Jan. 30, 1872 Mar. 3, 1895 ......................
54th-56th....................... Marion Butler..... Mar. 4, 1895 Mar. 3, 1901 ......................
57th-71st....................... Furnifold M. Mar. 4, 1901 Mar. 3, 1931 ......................
Simmons.
72d-80th........................ Josiah W. Bailey.. Mar. 4, 1931 Jan. 2, 1949 Died Dec. 15, 1946.
80th............................ Wm. B. Umstead.... Dec. 18, 1946 Dec. 30, 1948 By gov., to fill vac.
80th............................ J. Melville Dec. 31, 1948 Jan. 2, 1949 ......................
Broughton\5\.
81st-83d........................ ......do.......... Jan. 3, 1949 Jan. 2, 1955 Died Mar. 6, 1949.
81st............................ Frank P. Graham... Mar. 29, 1949 Nov. 26, 1950 By gov., to fill vac.
81st-83d........................ Willis Smith\6\... Nov. 27, 1950 Jan. 2, 1955 Died June 26, 1953.
83d............................. Alton A. Lennon... July 10, 1953 Nov. 28, 1954 By gov., to fill vac.
83d-86th........................ W. Kerr Scott\7\.. Nov. 29, 1954 Jan. 2, 1961 Died Apr. 16, 1958.
85th-92d........................ B. Everett Apr. 19, 1958 Jan. 2, 1973 By gov., to fill vac.
Jordan\8\.
93d-107th....................... Jesse Helms....... Jan. 3, 1973 Jan. 2, 2003 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
1st-3d.......................... Benjamin Hawkins.. Nov. 27, 1789 Mar. 3, 1795 ......................
4th-6th......................... Timothy Bloodworth Mar. 4, 1795 Mar. 3, 1801 ......................
7th-9th......................... David Stone\9\.... Mar. 4, 1801 Mar. 3, 1807 ......................
10th-12th....................... Jesse Franklin.... Mar. 4, 1807 Mar. 3, 1813 ......................
13th-15th....................... David Stone....... Mar. 4, 1813 Mar. 3, 1819 Res. Dec. 24, 1814.
Do............................ Francis Locke\10\. ........, 1814 Do. ......................
14th-21st....................... Nathaniel Macon... Dec. 5, 1815 Mar. 3, 1831 Res. Nov. 14, 1828.
20th-21st....................... James Iredell..... Dec. 15, 1828 Do. ......................
22d-24th........................ Willie P. Mangum.. Mar. 4, 1831 Mar. 3, 1837 Res. Nov. 26, 1836.
24th-27th....................... Robert Strange.... Dec. 5, 1836 Mar. 3, 1843 Res. Nov. 16, 1840.
26th-27th....................... William A. Graham. Nov. 25, 1840 Do. ......................
28th-30th....................... William H. Mar. 4, 1843 Mar. 3, 1849 Res. July 25, 1846.
Haywood, Jr.
29th-33d........................ George E. Badger.. Nov. 25, 1846 Mar. 3, 1855 ......................
34th-36th....................... Asa Biggs......... Mar. 4, 1855 Mar. 3, 1861 Res. May 5, 1858.
35th............................ Thomas L. Clingman May 6, 1858 Nov. 22, 1858 By gov., to fill vac.
35th-39th....................... ......do.\11\..... Nov. 23, 1858 Mar. 3, 1867 ......................
40th-42d........................ John Pool\12\..... June 25, 1868 Mar. 3, 1873 ......................
43d-45th........................ Augustus S. Mar. 4, 1873 Mar. 3, 1879 ......................
Merrimon.
46th-54th....................... Zebulon B. Vance.. Mar. 4, 1879 Mar. 3, 1897 Died Apr. 14, 1894.
53d............................. Thomas J. Jarvis.. Apr. 19, 1894 Jan. 23, 1895 By gov., to fill vac.
53d-58th........................ Jeter C. Pritchard Jan. 23, 1895 Mar. 3, 1903 ......................
58th-72d........................ Lee S. Overman.... Mar. 4, 1903 Mar. 3, 1933 Died Dec. 12, 1930.
71st-72d........................ Cameron Morrison.. Dec. 13, 1930 Dec. 4, 1932 By gov., to fill vac.
72d-78th........................ Robert R. Reynolds Dec. 5, 1932 Jan. 2, 1945 ......................
79th-84th....................... Clyde R. Hoey..... Jan. 3, 1945 Jan. 2, 1957 Died May 12, 1954.
83d-93d......................... Sam J. Ervin, June 5, 1954 Jan. 2, 1975 By gov., to fill vac.
Jr.\13\.
94th-96th....................... Robert Morgan..... Jan. 3, 1975 Jan. 2, 1981 Res. Dec. 31, 1974.
97th-99th....................... John P. East...... Jan. 3, 1981 Jan. 2, 1987 Died June 29, 1986.
99th............................ James T. July 14, 1986 Nov. 4, 1986
Broyhill\1\\4\.
99th-102d....................... Terry Nov. 5, 1986 Jan. 2, 1993
Sanford\1\\5\.
103d-105th...................... Lauch Faircloth... Jan. 3, 1993 Jan. 2, 1999 ......................
106th-108th..................... John Edwards...... Jan. 3, 1999 Jan. 2, 2005 ......................
----------------------------------------------------------------------------------------------------------------
\1\Vacancy from Mar. 4, 1853, to Dec. 6, 1854.
\2\Expelled July 11, 1861. Vacancy from July 11, 1861, to July 14, 1868, because of Civil War.
\3\By legislature, to fill vacancy in term beginning Mar. 4, 1865.
\4\Vacancy from Mar. 4, 1871, to Jan. 29, 1872. Zebulon B. Vance was elected but not admitted.
\5\Elected Nov. 2, 1948, for term expiring Jan. 2, 1949. Oath administered Dec. 31, 1948.
\6\Elected Nov. 7, 1950, to fill vacancy in term ending Jan. 2, 1955.
\7\Elected Nov. 2, 1954, to fill vacancy in term ending Jan. 2, 1955, and to full term ending Jan. 2, 1961.
\8\Elected Nov. 4, 1958, to fill vacancy in term ending Jan. 2, 1961.
\9\Resigned about Feb. 17, 1807.
\10\Did not qualify. Resigned Dec. 5, 1815.
\11\Expelled July 11, 1861. Vacancy from July 11, 1861, to June 25, 1868, because of Civil War.
\12\By legislature, to fill vacancy in term beginning Mar. 4, 1867.
\13\Subsequently elected, Nov. 2, 1954, to fill vacancy in term ending Jan. 2, 1957.
\14\ By governor, to fill vacancy unitl new Senatorial election.
\15\ Elected Nov. 5, 1986, to fill vacancy in term ending Jan. 3, 1987, and to full term ending Jan. 3, 1993.
Footnotes continued on next
page.
866 867
866 867
NORTH DAKOTA
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
51st-52d........................ Lyman R. Casey.... Nov. 25, 1889 Mar. 3, 1893 ......................
53d-55th........................ William N. Roach.. Mar. 4, 1893 Mar. 3, 1899 ......................
56th-67th....................... Porter J. McCumber Mar. 4, 1899 Mar. 3, 1923 ......................
68th-76th....................... Lynn J. Frazier... Mar. 4, 1923 Jan. 2, 1941 ......................
77th-86th....................... William Langer.... Jan. 3, 1941 Jan. 2, 1965 Died Nov. 8, 1959.
86th............................ C. Norman Nov. 19, 1959 Aug. 7, 1960 By gov., to fill vac.
Brunsdale.
86th-102d....................... Quentin N. Aug. 8, 1960 Jan. 2, 1995 Died Sept. 8, 1992.
Burdick\1\.
102d............................ Jocelyn Birch Sept. 12, 1992 Dec. 4, 1992 By gov., to fill vac.
Burdick\2\.
102d-106th...................... Kent Conrad\3\.... Dec. 5, 1992 Jan. 2, 2001 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
51st............................ Gilbert A. Pierce. Nov. 21, 1889 Mar. 3, 1891 ......................
52d-60th........................ Henry C. Mar. 4, 1891 Mar. 3, 1909 ......................
Hansbrough.
61st-63d........................ Martin N. Johnson. Mar. 4, 1909 Mar. 3, 1915 Died Oct. 21, 1909.
61st............................ Fountain L. Nov. 10, 1909 Jan. 31, 1910 By gov., to fill vac.
Thompson\4\.
Do............................ William E. Purcell Feb. 1, 1910 Feb. 1, 1911 Do.
61st-66th....................... Asle J. Gronna.... Feb. 2, 1911 Mar. 3, 1921 ......................
67th-69th....................... Edwin F. Ladd..... Mar. 4, 1921 Mar. 3, 1927 Died June 22, 1925.
69th............................ Gerald P. Nye..... Nov. 14, 1925 June 29, 1926 By gov., to fill vac.
69th-78th....................... ......do.......... June 30, 1926 Jan. 2, 1945 ......................
79th-81st....................... John Moses........ Jan. 3, 1945 Jan. 2, 1951 Died Mar. 3, 1945.
79th-96th....................... Milton R. Young\5\ Mar. 12, 1945 Jan. 2, 1981 By gov., to fill vac.
97th-99th....................... Mark Andrews...... Jan. 3, 1981 Jan. 2, 1987 ......................
100th-102d...................... Kent Conrad \3\... Jan. 3, 1987 Jan. 2, 1993 Res. Dec. 4, 1992.
102d-108th...................... Byron L. Dorgan\6\ Dec. 14, 1992 Jan. 2, 2005 By gov., to fill vac.
----------------------------------------------------------------------------------------------------------------
\1\Elected June 28, 1960, to fill unexpired term.
\2\Appointed to serve until special election Dec. 4, 1992.
\3\Having been elected Dec. 4, 1992 to fill the vacancy in class 1, Sen. Conrad resigned his class 3 seat, and
assumed the class 1 seat on Dec. 5, 1992.
\4\Resigned Jan. 31, 1910.
\5\Elected June 25, 1946, to fill vacancy in term ending Jan. 2, 1951. Oath under certificate. Died May 31,
1983.
\6\Having been elected to the 103d Congress, Sen. Dorgan was apppointed by the governor on Dec. 14, 1992 to fill
the vacancy created by the resignation of Sen. Conrad to fill the vancancy in class 1.
See footnotes at end of Ohio
table.
868 869
868 869
OHIO
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
8th-10th........................ John Smith........ Apr. 1, 1803 Mar. 3, 1809 Res. Apr. 25, 1808.
10th-13th....................... Return J. Meigs, Dec. 12, 1808 Mar. 3, 1815 Res. May 10, 1810.
Jr.
11th-13th....................... Thomas Worthington Dec. 15, 1810 Do. Res. Dec. 1, 1814.
13th............................ Joseph Kerr....... Dec. 10, 1814 Do. ......................
14th-22d........................ Benjamin Ruggles.. Mar. 4, 1815 Mar. 3, 1833 ......................
23d-25th........................ Thomas Morris..... Mar. 4, 1833 Mar. 3, 1839 ......................
26th-28th....................... Benjamin Tappan... Mar. 4, 1839 Mar. 3, 1845 ......................
29th-31st....................... Thomas Corwin..... Mar. 4, 1845 Mar. 3, 1851 Res. July 20, 1850.
31st............................ Thomas Ewing...... July 20, 1850 Do. By gov., to fill vac.
32d-40th........................ Benjamin F. Mar. 15, 1851 Mar. 3, 1869 ......................
Wade\1\.
41st-46th....................... Allen G. Thurman.. Mar. 4, 1869 Mar. 3, 1881 ......................
47th-55th....................... John Sherman...... Mar. 4, 1881 Mar. 3, 1899 Res. Mar. 5, 1897.
55th............................ Marcus A. Hanna... Mar. 5, 1897 Jan. 11, 1898 By gov., to fill vac.
55th-58th....................... ......do.......... Jan. 12, 1898 Mar. 3, 1905 Died Feb. 15, 1904.
58th-61st....................... Charles W. F. Dick Mar. 2, 1904 Mar. 3, 1911 ......................
62d-67th........................ Atlee Pomerene.... Mar. 4, 1911 Mar. 3, 1923 ......................
68th-73d........................ Simeon D. Fess.... Mar. 4, 1923 Jan. 2, 1935 ......................
74th-76th....................... Vic Donahey....... Jan. 3, 1935 Jan. 2, 1941 ......................
77th-79th....................... Harold H. Jan. 3, 1941 Jan. 2, 1947 ......................
Burton\2\.
79th............................ James W. Huffman.. Oct. 8, 1945 Nov. 5, 1946 By gov., to fill vac.
Do............................ Kingsley A. Taft.. Nov. 6, 1946 Jan. 2, 1947 ......................
80th-85th....................... John W. Bricker... Jan. 3, 1947 Jan. 2, 1959 ......................
86th-91st....................... Stephen M. Young.. Jan. 3, 1959 Jan. 2, 1971 ......................
92d-94th........................ Robert Taft, Jr... Jan. 3, 1971 Jan. 2, 1977 Res. Dec. 28, 1976.
93d-103d........................ Howard M. Dec. 29, 1976 Jan. 2, 1995 ......................
Metzenbaum.
104th-106th..................... Mike DeWine....... Jan. 3, 1995 Jan. 2, 2001 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
8th-9th......................... Thomas Worthington Apr. 1, 1803 Mar. 3, 1807 ......................
10th-12th....................... Edward Tiffin..... Mar. 4, 1807 Mar. 3, 1813 Res. Mar. 3, 1809.
11th............................ Stanley Griswold.. May 18, 1809 Dec. 11, 1809 By gov., to fill vac.
11th-12th....................... Alexander Campbell Dec. 11, 1809 Mar. 3, 1813 ......................
13th-15th....................... Jeremiah Morrow... Mar. 4, 1813 Mar. 3, 1819 ......................
16th-18th....................... William A. Trimble Mar. 4, 1819 Mar. 3, 1825 Died Dec. 13, 1821.
17th-18th....................... Ethan Allen Brown. Jan. 3, 1822 Do. ......................
19th-21st....................... William H. Mar. 4, 1825 Mar. 3, 1831 Res. May 20, 1828.
Harrison.
20th-21st....................... Jacob Burnet...... Dec. 10, 1828 Do. ......................
22d-24th........................ Thomas Ewing...... Mar. 4, 1831 Mar. 3, 1837 ......................
25th-30th....................... William Allen..... Mar. 4, 1837 Mar. 3, 1849 ......................
31st-33d........................ Salmon P. Chase... Mar. 4, 1849 Mar. 3, 1855 ......................
34th-36th....................... George E. Pugh.... Mar. 4, 1855 Mar. 3, 1861 ......................
37th-39th....................... Salmon P. Chase... Mar. 4, 1861 Mar. 3, 1867 Res. Mar. 6, 1861.
37th-45th....................... John Sherman...... Mar. 21, 1861 Mar. 3, 1879 Res. Mar. 8, 1877.
45th............................ Stanley Matthews.. Mar. 21, 1877 Do. ......................
46th-48th....................... George H. Mar. 4, 1879 Mar. 3, 1885 ......................
Pendleton.
49th-51st....................... Henry B. Payne.... Mar. 4, 1885 Mar. 3, 1891 ......................
52d-54th........................ Calvin S. Brice... Mar. 4, 1891 Mar. 3, 1897 ......................
55th-60th....................... Joseph B. Foraker. Mar. 4, 1897 Mar. 3, 1909 ......................
61st-63d........................ Theodore E. Burton Mar. 4, 1909 Mar. 3, 1915 ......................
64th-66th....................... Warren G. Mar. 4, 1915 Mar. 3, 1921 ......................
Harding\3\.
66th............................ Frank B. Willis... Jan. 14, 1921 Mar. 3, 1921 By gov., to fill vac.
67th-72d........................ ......do.......... Mar. 4, 1921 Mar. 3, 1933 Died Mar. 30, 1928.
70th............................ Cyrus Locher...... Apr. 4, 1928 Dec. 14, 1928 By gov., to fill vac.
70th-72d........................ Theodore E. Burton Dec. 15, 1928 Mar. 3, 1933 Died Oct. 28, 1929.
71st............................ Roscoe C. Nov. 5, 1929 Nov. 30, 1930 By gov., to fill vac.
McCulloch.
71st-75th....................... Robert J. Bulkley. Dec. 1, 1930 Jan. 2, 1939 ......................
76th-84th....................... Robert A. Taft.... Jan. 3, 1939 Jan. 2, 1957 Died July 31, 1953.
83d............................. Thomas A. Burke... Nov. 10, 1953 Dec. 2, 1954 By gov., to fill vac.
83d-84th........................ George H. Dec. 16, 1954 Jan. 2, 1957 ......................
Bender\4\.
85th-90th....................... Frank J. Lausche.. Jan. 3, 1957 Jan. 2, 1969 ......................
91st-93d........................ William B. Saxbe.. Jan. 3, 1969 Jan. 2, 1975 Res. Jan. 3, 1974.
93d............................. Howard M. Jan. 4, 1974 Jan. 2, 1975 Res. Dec. 23, 1974.
Metzenbaum\5\.
93d-105th....................... John H. Glenn\6\.. Dec. 24, 1974 Jan. 2, 1999 ......................
106th-108th..................... George V. Jan. 3, 1999 Jan. 2, 2005 ......................
Voinovich.
----------------------------------------------------------------------------------------------------------------
\1\Vacancy from Mar. 4 to Mar. 14, 1851, because of failure of legislature to elect.
\2\Resigned Sept. 30, 1945, to accept appointment on Supreme Court.
\3\Resigned, effective Jan. 13, 1921.
\4\Elected Nov. 2, 1954, to fill vacancy in term ending Jan. 2, 1957. Chose to continue as a Member of the House
of Representatives until Dec. 15, 1954, waiving right to commence service in the Senate on Dec. 3, 1954.
\5\By governor, to fill vacancy in term ending Jan. 2, 1975; resigned to fill vacancy in class 1.
\6\By governor, to fill vacancy in term ending Jan. 2, 1975.
See footnotes at end of
Oklahoma table.
870 871
870 871
OKLAHOMA
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
60th-68th....................... Robert L. Owen.... Dec. 11, 1907 Mar. 3. 1925 ......................
69th-71st....................... William B. Pine... Mar. 4, 1925 Mar. 3, 1931 ......................
72d-74th........................ Thomas P. Gore.... Mar. 4, 1931 Jan. 2, 1937 ......................
75th-77th....................... Josh Lee.......... Jan. 3, 1937 Jan. 2, 1943 ......................
78th-80th....................... Edward H. Moore... Jan. 3, 1943 Jan. 2, 1949 ......................
81st-87th....................... Robert S. Kerr.... Jan. 3, 1949 Jan. 2, 1967 Died Jan. 1, 1963.
88th............................ J. Howard Jan. 7, 1963 Nov. 3, 1964 By gov., to fill vac.
Edmondson\1\.
88th-92d........................ Fred R. Harris.... Nov. 4, 1964 Jan. 2, 1973 ......................
93d-95th........................ Dewey F. Bartlett. Jan. 3, 1973 Jan. 2, 1979 ......................
96th-103d....................... David L. Boren.... Jan. 3, 1979 Jan. 2, 1997 Res. Nov. 15, 1994.
103d-107th...................... James M. Inhofe\2\ Nov. 16, 1994 Jan. 2, 2003 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
60th-66th....................... Thomas P. Gore.... Dec. 11, 1907 Mar. 3, 1921 ......................
67th-69th....................... John W. Harreld... Mar. 4, 1921 Mar. 3, 1927 ......................
70th-81st....................... Elmer Thomas...... Mar. 4, 1927 Jan. 2, 1951 ......................
82d-90th........................ A. S. Mike Jan. 3, 1951 Jan. 2, 1969 ......................
Monroney.
91st-96th....................... Henry Bellmon..... Jan. 3, 1969 Jan. 2, 1981 ......................
97th-108th...................... Don Nickles....... Jan. 3, 1981 Jan. 2, 2005 ......................
----------------------------------------------------------------------------------------------------------------
\1\To serve until a successor is elected by law.
\2\Elected Nov. 8, 1994, to fill unexpired term ending Jan. 2, 1997.
See footnotes at end of
Oregon table.
872 873
872 873
OREGON
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
35th............................ Delazon Smith..... Feb. 14, 1859 Mar. 3, 1859 ......................
36th-38th....................... Edward D. Baker\1\ Oct. 2, 1860 Mar. 3, 1865 ......................
37th............................ Benjamin Stark.... Oct. 29, 1861 Sept. 12, 1862 By gov., to fill vac.
37th-38th....................... Benjamin F. Sept. 12, 1862 Mar. 3, 1865 ......................
Harding.
39th-41st....................... George Henry Mar. 4, 1865 Mar. 3, 1871 ......................
Williams.
42d-44th........................ James K. Kelly.... Mar. 4, 1871 Mar. 3, 1877 ......................
45th-47th....................... La Fayette Grover. Mar. 4, 1877 Mar. 3, 1883 ......................
48th-53d........................ Joseph N. Dolph... Mar. 4, 1883 Mar. 3, 1895 ......................
54th-56th....................... George W. McBride. Mar. 4, 1895 Mar. 3, 1901 ......................
57th-59th....................... John H. Mitchell.. Mar. 4, 1901 Mar. 3, 1907 Died Dec. 8, 1905.
59th............................ John M. Gearin.... Dec. 13, 1905 Jan. 23, 1907 By gov., to fill vac.
Do............................ Frederick W. Jan. 23, 1907 Mar. 3, 1907 ......................
Mulkey.
60th-62d........................ Jonathan Bourne, Mar. 4, 1907 Mar. 3, 1913 ......................
Jr.
63d-65th........................ Harry Lane........ Mar. 4, 1913 Mar. 3, 1919 Died May 23, 1917.
65th............................ Charles L. McNary. May 29, 1917 Nov. 5, 1918 By gov., to fill vac.
Do............................ Frederick W. Nov. 6, 1918 Mar. 3, 1919 ......................
Mulkey\2\.
Do............................ Charles L. McNary. Dec. 18, 1918 Do. Do.
66th-80th....................... ......do.......... Mar. 4, 1919 Jan. 2, 1949 Died Feb. 25, 1944.
78th............................ Guy Cordon........ Mar. 4, 1944 Nov. 7, 1944 By gov., to fill vac.
78th-83d........................ ......do.......... Nov. 8, 1944 Jan. 2, 1955 ......................
84th-86th....................... Richard L. Jan. 3, 1955 Jan. 2, 1961 Died Mar. 9, 1960.
Neuberger.
86th............................ Hall S. Lusk...... Mar. 16, 1960 Nov. 8, 1960 By gov., to fill vac.
86th-89th....................... Maurine B. Nov. 9, 1960 Jan. 2, 1967 ......................
Neuberger\3\.
90th-104th...................... Mark O. Jan. 10, 1967 Jan. 2, 1997
Hatfield\4\.
105th-107th..................... Gordon H. Smith... Jan. 3, 1997 Jan. 2, 2003 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
35th-36th....................... Joseph Lane....... Feb. 14, 1859 Mar. 3, 1861 ......................
37th-39th....................... James W. Nesmith.. Mar. 4, 1861 Mar. 3, 1867 ......................
40th-42d........................ Henry W. Corbett.. Mar. 4, 1867 Mar. 3, 1873 ......................
43d-45th........................ John H. Mitchell.. Mar. 4, 1873 Mar. 3, 1879 ......................
46th-48th....................... James H. Slater... Mar. 4, 1879 Mar. 3, 1885 ......................
49th-54th....................... John H. Nov. 18, 1885 Mar. 3, 1897 ......................
Mitchell\5\.
55th-57th....................... Joseph Simon\6\... Oct. 8, 1898 Mar. 3, 1903 ......................
58th-60th....................... Charles W. Fulton. Mar. 4, 1903 Mar. 3, 1909 ......................
61st-66th....................... George E. Mar. 4, 1909 Mar. 3, 1921 ......................
Chamberlain.
67th-69th....................... Robert N. Mar. 4, 1921 Mar. 3, 1927 ......................
Stanfield.
OREGON--Continued
Class 3
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
70th-75th....................... Frederick Steiwer. Mar. 4, 1927 Jan. 2, 1939 Res. Jan. 31, 1938.
75th............................ Alfred Evan Reames Feb. 1, 1938 Nov. 8, 1938 By gov., to fill vac.
Do............................ Alexander G. Barry Nov. 9, 1938 Jan. 2, 1939 ......................
76th-78th....................... Rufus C. Holman... Jan. 3, 1939 Jan. 2, 1945 ......................
79th-90th....................... Wayne L. Morse.... Jan. 3, 1945 Jan. 2, 1969 ......................
91st-104th...................... Robert W. Packwood Jan. 3, 1969 Jan. 2, 1999 Res. Oct. 1, 1995.
104th-108th..................... Ron Wyden\7\...... Feb. 6, 1996 Jan. 2, 2005 ......................
----------------------------------------------------------------------------------------------------------------
\1\Vacancy from Mar. 4, 1859, to Oct. 2, 1860. Killed in the battle of Balls Bluff, Va., Oct. 21, 1861.
\2\Resigned effective Dec. 17, 1918.
\3\Elected Nov. 8, 1960, to fill unexpired term (Nov. 9, 1960-Jan. 2, 1961) and to full term (Jan. 3, 1961-Jan.
2, 1967).
\4\Waived compensation Jan. 3-9, 1967, to complete term as governor.
\5\Vacancy from Mar. 4 to Nov. 18, 1885, because of failure of legislature to elect.
\6\Vacancy from Mar. 4, 1897, to Oct. 7, 1898, because of failure of legislature to elect.
\7\Elected Jan. 30, 1996, to fill unexpired term.
See footnotes at end of
Pennsylvania table.
874 875
874 875
PENNSYLVANIA
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
1st............................. William Maclay\1\. Mar. 4, 1789 Mar. 3, 1791 ......................
2d-4th.......................... Albert Gallatin\2\ Feb. 28, 1793 Mar. 3, 1797 ......................
3d-7th.......................... James Ross........ Apr. 1, 1794 Mar. 3, 1803 ......................
8th-10th........................ Samuel Maclay..... Mar. 4, 1803 Mar. 3, 1809 Res. Jan. 4, 1809.
10th-13th....................... Michael Leib...... Jan. 9, 1809 Mar. 3, 1815 Res. Feb. 14, 1814.
13th-16th....................... Jonathan Feb. 24, 1814 Mar. 3, 1821 ......................
Roberts\3\.
17th-19th....................... William Findlay... Dec. 10, 1821 Mar. 3, 1827 ......................
20th-22d........................ Isaac D. Barnard.. Mar. 4, 1827 Mar. 3, 1833 Res. Dec. 6, 1831.
22d............................. George M. Dec. 13, 1831 Do. ......................
Dallas\4\.
23d-25th........................ Samuel McKean\5\.. Dec. 7, 1833 Mar. 3, 1839 ......................
26th-31st....................... Daniel Sturgeon... Jan. 14, 1840 Mar. 3, 1851 ......................
32d-34th........................ Richard Brodhead.. Mar. 4, 1851 Mar. 3, 1857 ......................
35th-37th....................... Simon Cameron..... Mar. 4, 1857 Mar. 3, 1863 Res. Mar. 4, 1861.
37th............................ David Wilmot...... Mar. 14, 1861 Do. ......................
38th-40th....................... Charles R. Mar. 4, 1863 Mar. 3, 1869 ......................
Buckalew.
41st-43d........................ John Scott........ Mar. 4, 1869 Mar. 3, 1875 ......................
44th-46th....................... William A. Wallace Mar. 4, 1875 Mar. 3, 1881 ......................
47th-49th....................... John I. Mitchell.. Mar. 4, 1881 Mar. 3, 1887 ......................
50th-58th....................... Matthew S. Quay\6\ Mar. 4, 1887 Mar. 3, 1905 ......................
58th............................ Philander C. Knox. June 10, 1904 Jan. 17, 1905 By gov., to fill vac.
59th-61st....................... ......do.......... Jan. 18, 1905 Mar. 3, 1911 Res. Mar. 4, 1909.
61st-64th....................... George T. Oliver.. Mar. 17, 1909 Mar. 3, 1917 ......................
65th-67th....................... Philander C. Knox. Mar. 4, 1917 Mar. 3, 1923 Died Oct. 12, 1921.
67th............................ William E. Crow\7\ Oct. 24, 1921 Do. ......................
Do............................ David A. Reed..... Aug. 8, 1922 Nov. 7, 1922 By gov., to fill vac.
67th-73d........................ ......do.......... Nov. 8, 1922 Jan. 2, 1935 ......................
74th-79th....................... Joseph F. Guffey.. Jan. 3, 1935 Jan. 2, 1947 ......................
80th-85th....................... Edward Martin..... Jan. 3, 1947 Jan. 2, 1959 ......................
86th-94th....................... Hugh Scott........ Jan. 3, 1959 Jan. 2, 1977 ......................
95th-102d....................... H. John Heinz III. Jan. 3, 1977 Jan. 2, 1995 Died Apr. 4, 1991.
102d-103d....................... Harris Wofford \8\ May 9, 1991 Jan. 2, 1995 By gov. to fill vac.
104th-106th..................... Rick Santorum..... Jan. 3, 1995 Jan. 2, 2001
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
1st-3d.......................... Robert Morris..... Mar. 4, 1789 Mar. 3, 1795 ......................
4th-6th......................... William Bingham... Mar. 4, 1795 Mar. 3, 1801 ......................
7th-9th......................... John Peter G. Mar. 4, 1801 Mar. 3, 1807 Res. June 30, 1801.
Muhlenberg.
7th............................. George Logan...... July 13, 1801 Dec. 15, 1801 By gov., to fill vac.
7th-9th......................... ......do.......... Dec. 16, 1801 Mar. 3, 1807 ......................
10th-12th....................... Andrew Gregg...... Mar. 4, 1807 Mar. 3, 1813 ......................
13th-15th....................... Abner Lacock...... Mar. 4, 1813 Mar. 3, 1819 ......................
16th-18th....................... Walter Lowrie..... Mar. 4, 1819 Mar. 3, 1825 ......................
19th-21st....................... William Marks..... Mar. 4, 1825 Mar. 3, 1831 ......................
----------------------------------------------------------------------------------------------------------------
PENNSYLVANIA--Continued
Class 3
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
22d-24th........................ William Wilkins... Mar. 4, 1831 Mar. 3, 1837 Res. June 30, 1834.
23d-30th........................ James Buchanan.... Dec. 6, 1834 Mar. 3, 1849 Res. Mar. 5, 1845.
29th-30th....................... Simon Cameron..... Mar. 13, 1845 Do. ......................
31st-33d........................ James Cooper\9\... Mar. 4, 1849 Mar. 3, 1855 ......................
34th-36th....................... William Bigler.... Jan. 14, 1856 Mar. 3, 1861 ......................
37th-39th....................... Edgar Cowan....... Mar. 4, 1861 Mar. 3, 1867 ......................
40th-45th....................... Simon Cameron..... Mar. 4, 1867 Mar. 3, 1879 Res. Mar. 3, 1877.
45th-54th....................... James Donald Mar. 20, 1877 Mar. 3, 1897 ......................
Cameron.
55th-69th....................... Boies Penrose..... Mar. 4, 1897 Mar. 3, 1927 Died Dec. 31, 1921.
67th............................ George Wharton Jan. 9, 1922 Nov. 6, 1922 By gov., to fill vac.
Pepper.
67th-69th....................... ......do.......... Nov. 7, 1922 Mar. 3, 1927 ......................
70th-72d........................ William S. Mar. 4, 1927 Mar. 3, 1933 ......................
Vare\10\.
71st............................ Joseph R. Grundy.. Dec. 11, 1929 Dec. 1, 1930 Do.
71st-78th....................... James J. Davis.... Dec. 2, 1930 Jan. 2, 1945 ......................
79th-81st....................... Francis J. Myers.. Jan. 3, 1945 Jan. 2, 1951 ......................
82d-84th........................ James H. Duff\11\. Jan. 16, 1951 Jan. 2, 1957 ......................
85th-90th....................... Joseph S. Clark... Jan. 3, 1957 Jan. 2, 1969 ......................
91st-96th....................... Richard S. Jan. 3, 1969 Jan. 2, 1981 ......................
Schweiker.
97th-108th...................... Arlen Specter..... Jan. 3, 1981 Jan. 2, 2005 ......................
----------------------------------------------------------------------------------------------------------------
\1\ Vacancy from Mar. 4, 1791, to Feb. 28, 1793, because of failure of legislature to elect.
\2\ Vacancy from Feb. 28 to Apr. 1, 1794. Senate resolution of Feb. 28, 1794, declared that Mr. Gallatin had not
been a citizen the term of years required by law.
\3\ Vacancy from Mar. 4, to Dec. 10, 1821.
\4\ Vacancy from Mar. 4, to Dec. 7, 1833, because of failure of legislature to elect.
\5\ Vacancy from Mar. 4, 1839, to Jan. 13, 1840, because of failure of legislature to elect.
\6\ Appointed by governor Apr. 21, 1899, to fill vacancy. By Senate resolution of Apr. 24, 1900, was declared
not entitled to seat but subsequently elected. Vacancy from Apr. 24, 1900, to Jan. 16, 1901. Died May 28,
1904.
\7\ By governor, to fill vacancy. Died Aug. 2, 1922.
\8\By governor to fill vacancy until Nov. 5, 1991. Elected Nov. 5, 1991, to fill remainder of term ending Jan.
2, 1995.
\9\ Vacancy from Mar. 4, 1855, to Jan. 14, 1856, because of failure of legislature to elect.
\10\ Credentials as Senator elect were presented and referred to the Committee on Privileges and Elections for
report; meanwhile Mr. Vare was not permitted to qualify and by S. Res. No. 111 of Dec. 6, 1929, was declared
not entitled to a seat.
\11\ Oath administered on Jan. 16, 1951.
See footnotes at end of
Rhode Island table.
876 877
876 877
RHODE ISLAND
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
1st-7th......................... Theodore Foster... June 7, 1790 Mar. 3, 1803 ......................
8th-10th........................ Samuel J. Potter.. Mar. 4, 1803 Mar. 3, 1809 Died Oct. 14, 1804.
Do............................ Benjamin Howland.. Oct. 29, 1804 Do. ......................
11th-13th....................... Francis Malbone... Mar. 4, 1809 Mar. 3, 1815 Died June 4, 1809.
Do............................ Christopher G. June 26, 1809 Do. Res. Oct. 2, 1811.
Champlin.
12th-16th....................... William Hunter.... Oct. 28, 1811 Mar. 3, 1821 ......................
17th-19th....................... James De Wolf..... Mar. 4, 1821 Mar. 3, 1827 Res. Oct. 31, 1825.
19th-25th....................... Asher Robbins..... Oct. 31, 1825 Mar. 3, 1839 ......................
26th-28th....................... Nathan F. Dixon Mar. 4, 1839 Mar. 3, 1845 Died Jan. 29, 1842.
1st.
27th-28th....................... William Sprague... Feb. 5, 1842 Do. Res. Jan. 17, 1844.
28th............................ John B. Francis... Jan. 25, 1844 Do. ......................
29th-31st....................... Albert C. Greene.. Mar. 4, 1845 Mar. 3, 1851 ......................
32d-34th........................ Charles T. James.. Mar. 4, 1851 Mar. 3, 1857 ......................
35th-37th....................... James F. Simmons.. Mar. 4, 1857 Mar. 3, 1863 Res. Aug. 15, 1862.
37th............................ Samuel G. Arnold.. Sept. 5, 1862 Do. ......................
38th-43d........................ William Sprague\1\ Mar. 4, 1863 Mar. 3, 1875 ......................
44th-49th....................... Ambrose E. Mar. 4, 1875 Mar. 3, 1887 Died Sept. 13, 1881.
Burnside.
47th-61st....................... Nelson W. Aldrich. Oct. 5, 1881 Mar. 3, 1911 ......................
62d-64th........................ Henry F. Lippitt.. Mar. 4, 1911 Mar. 3, 1917 ......................
65th-70th....................... Peter G. Gerry.... Mar. 4, 1917 Mar. 3, 1929 ......................
71st-73d........................ Felix Hebert...... Mar. 4, 1929 Jan. 2, 1935 ......................
74th-79th....................... Peter G. Gerry.... Jan. 3, 1935 Jan. 2, 1947 ......................
80th-82d........................ J. Howard McGrath. Jan. 3, 1947 Jan. 2, 1953 Res. Aug. 23, 1949.
80th-81st....................... Edward L. Leahy... Aug. 24, 1949 Nov. 7, 1950 By gov., to fill vac.
81st-94th....................... John O. Pastore\2\ Dec. 19, 1950 Jan. 2, 1977 Res. Dec. 28, 1976.
94th-106th...................... John H. Chafee\3\. Dec. 29, 1976 Jan. 2, 2001 Died Oct. 24, 1999
106th........................... Lincoln D. Nov. 4, 1999 Jan. 2, 2001 By gov., to fill vac.
Chafee\7\.
----------------------------------------------------------------------------------------------------------------
RHODE ISLAND--Continued
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
1st-2d.......................... Joseph Stanton, Jr June 7, 1790 Mar. 3, 1793 ......................
3d-5th.......................... William Bradford.. Mar. 4, 1793 Mar. 3, 1799 Res. in Oct. 1797.
5th-8th......................... Ray Greene........ Nov. 13, 1797 Mar. 3, 1805 Res. Mar. 5, 1801.
7th-8th......................... Christopher Ellery May 6, 1801 Do. ......................
9th-11th........................ James Fenner...... Mar. 4, 1805 Mar. 3, 1811 Res. in Sept. 1807.
10th-11th....................... Elisha Mathewson.. Oct. 26, 1807 Do. ......................
12th-14th....................... Jeremiah B. Howell Mar. 4, 1811 Mar. 3, 1817 ......................
15th-17th....................... James Burrill, Jr. Mar. 4, 1817 Mar. 3, 1823 Died Dec. 25, 1820.
16th-26th....................... Nehemiah R. Knight Jan. 9, 1821 Mar. 3, 1841 ......................
27th-29th....................... James F. Simmons.. Mar. 4, 1841 Mar. 3, 1847 ......................
30th-32d........................ John H. Clarke.... Mar. 4, 1847 Mar. 3, 1853 ......................
33d-35th........................ Philip Allen\4\... July 20, 1853 Mar. 3, 1859 ......................
36th-50th....................... Henry B. Anthony.. Mar. 4, 1859 Mar. 3, 1889 Died Sept. 2, 1884.
48th............................ William P. Nov. 19, 1884 Jan. 20, 1885 By gov., to fill vac.
Sheffield.
48th-53d........................ Jonathan Chace.... Jan. 20, 1885 Mar. 3, 1895 Res. Apr. 9, 1889.
51st-53d........................ Nathan F. Dixon 3d Apr. 10, 1889 Do. ......................
54th-59th....................... George Peabody Mar. 4, 1895 Mar. 3, 1907 ......................
Wetmore.
60th-62d........................ George Peabody Jan. 22, 1908 Mar. 3, 1913 ......................
Wetmore\5\.
63d-68th........................ LeBaron B. Colt\6\ Mar. 4, 1913 Mar. 3, 1925 ......................
68th-74th....................... Jesse H. Metcalf.. Nov. 5, 1924 Jan. 2, 1937 ......................
75th-86th....................... Theodore Francis Jan. 3, 1937 Jan. 2, 1961 ......................
Green.
87th-104th...................... Claiborne Pell.... Jan. 3, 1961 Jan. 2, 1997 ......................
105th-107th..................... Jack Reed......... Jan. 3, 1997 Jan. 2, 2003 ......................
----------------------------------------------------------------------------------------------------------------
\1\ Nephew of William Sprague, above, who served Feb. 5, 1842-Jan. 17, 1844.
\2\ Elected Nov. 7, 1950, to fill vacancy in term ending Jan. 2, 1953.
\3\ By governor to fill vacancy in term ending Jan. 2, 1977; died Oct. 24, 1999. Vacancy from Oct. 24, 1999 to
Nov. 4, 1999. Lincoln Chafee appointed by governor to fill vacancy.
\4\ Elected May 4, 1853. Served as governor until July 20, 1853. Vacancy from Mar. 4 to July 20, 1853.
\5\Vacancy from Mar. 4, 1907, to Jan. 21, 1908, because of failure of legislature to elect.
\6\Died Aug. 18, 1924. Vacancy from Aug. 19 to Nov. 4, 1924.
\7\By governor, to fill vacancy. Oath administered Nov. 4, 1999.
See footnotes at end of
South Carolina table.
878 879
878 879
SOUTH CAROLINA
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
1st-5th......................... Pierce Butler..... Mar. 4, 1789 Mar. 3, 1799 Res. Oct. 25, 1796.
4th-5th......................... John Hunter....... Dec. 8, 1796 Do. Res. Nov. 26, 1798.
5th-8th......................... Charles Pinckney.. Dec. 6, 1798 Mar. 3, 1805 Res. in 1801.
7th-11th........................ Thomas Sumter..... Dec. 15, 1801 Mar. 3, 1811 Res. Dec. 16, 1810.
11th-14th....................... John Taylor....... Dec. 31, 1810 Mar. 3, 1817 Res. in Nov. 1816.
14th-17th....................... William Smith..... Dec. 4, 1816 Mar. 3, 1823 ......................
18th-23d........................ Robert Young Hayne Mar. 4, 1823 Mar. 3, 1835 Res. Dec. 13, 1832.
22d-29th........................ John C. Calhoun\1\ Dec. 29, 1832 Mar. 3, 1847 ......................
28th-29th....................... Daniel Elliott Mar. 4, 1843 Do. ......................
Huger\2\.
29th-32d........................ John C. Calhoun... Nov. 26, 1845 Mar. 3, 1853 Died Mar. 31, 1850.
31st............................ Franklin H. Apr. 11, 1850 Dec. 18, 1850 ......................
Elmore\3\.
Do............................ Robert W. Barnwell June 4, 1850 Do. By gov., to fill vac.
31st-32d........................ R. Barnwell Rhett. Dec. 18, 1850 Mar. 3, 1853 Res. May 7, 1852.
32d............................. William F. De May 10, 1852 Nov. 28, 1852 By gov., to fill vac.
Saussure.
Do............................ ......do.......... Nov. 29, 1852 Mar. 3, 1853 ......................
33d-35th........................ Josiah J. Evans... Mar. 4, 1853 Mar. 3, 1859 Died May 6, 1858.
35th............................ Arthur P. Hayne... May 11, 1858 Dec. 2, 1858 By gov., to fill vac.
35th-36th....................... James Chesnut, Dec. 3, 1858 Mar. 3, 1865 ......................
Jr.\4\.
40th-44th....................... Thomas J. July 15, 1868 Mar. 3, 1877 ......................
Robertson\5\.
45th-53d........................ Matthew C. Butler. Mar. 4, 1877 Mar. 3, 1895 ......................
54th-65th....................... Benjamin R. Mar. 4, 1895 Mar. 3, 1919 Died July 3, 1918.
Tillman.
65th............................ Christie Benet.... July 6, 1918 Nov. 5, 1918 By gov., to fill vac.
Do............................ William P. Pollock Nov. 6, 1918 Mar. 3, 1919 ......................
66th-68th....................... Nathaniel B. Dial. Mar. 4, 1919 Mar. 3, 1925 ......................
69th-71st....................... Coleman L. Blease. Mar. 4, 1925 Mar. 3, 1931 ......................
72d-77th........................ James F. Byrnes... Mar. 4, 1931 Jan. 2, 1943 Res. July 8, 1941.
77th............................ Alva M. Lumpkin\6\ July 17, 1941 Aug. 1, 1941 ......................
Do............................ Roger C. Peace.... Aug. 5, 1941 Nov. 4, 1941 By gov., to fill vac.
77th-83d........................ Burnet R. Nov. 5, 1941 Jan. 2, 1955 Died Sept. 1, 1954.
Maybank\7\.
83d............................. Charles E. Sept. 6, 1954 Dec. 23, 1954 By gov., to fill vac.
Daniel\8\.
83d-86th........................ Strom Thurmond\9\. Dec. 24, 1954 Jan. 2, 1961 Res. Apr. 4, 1956.
84th............................ Thomas A. Wofford. Apr. 5, 1956 Nov. 6, 1956 By gov., to fill vac.
85th-107th...................... Strom Thurmond\10\ Nov. 7, 1956 Jan. 2, 2003 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
1st-3d.......................... Ralph Izard....... Mar. 4, 1789 Mar. 3, 1795 ......................
4th-6th......................... Jacob Read........ Mar. 4, 1795 Mar. 3, 1801 ......................
7th-9th......................... John Ewing Colhoun Mar. 4, 1801 Mar. 3, 1807 Died Oct. 26, 1802.
Do............................ Pierce Butler..... Nov. 4, 1802 Do. Res. Nov. 21, 1804.
8th-21st........................ John Gaillard..... Dec. 6, 1804 Mar. 3, 1831 Died Feb. 26, 1826.
19th............................ William Harper.... Mar. 8, 1826 Nov. 29, 1826 By gov., to fill vac.
19th-21st....................... William Smith..... Nov. 29, 1826 Mar. 3, 1831 ......................
22d-24th........................ Stephen D. Miller. Mar. 4, 1831 Mar. 3, 1837 Res. Mar. 2, 1833.
23d-27th........................ William C. Preston Nov. 26, 1833 Mar. 3, 1843 Res. Nov. 29, 1842.
27th-30th....................... George Dec. 2, 1842 Mar. 3, 1849 ......................
McDuffie\11\.
29th-36th....................... Andrew P. Butler.. Dec. 4, 1846 Mar. 3, 1861 Died May 25, 1857.
35th-36th....................... James H. Dec. 7, 1857 Do. ......................
Hammond\12\.
40th-42d........................ Frederick A. July 16, 1868 Mar. 3, 1873 ......................
Sawyer\13\.
43d-45th........................ John J. Patterson. Mar. 4, 1873 Mar. 3, 1879 ......................
46th-51st....................... Wade Hampton...... Mar. 4, 1879 Mar. 3, 1891 ......................
52d-54th........................ John L. M. Irby... Mar. 4, 1891 Mar. 3, 1897 ......................
55th-57th....................... Joseph H. Earle... Mar. 4, 1897 Mar. 3, 1903 Died May 20, 1897.
55th............................ John L. McLaurin.. May 27, 1897 Jan. 25, 1898 By gov., to fill vac.
55th-57th....................... ......do.......... Jan. 26, 1898 Mar. 3, 1903 ......................
58th-60th....................... Asbury C. Latimer. Mar. 4, 1903 Mar. 3, 1909 Died Feb. 20, 1908.
60th............................ Frank B. Gary..... Mar. 6, 1908 Do. ......................
61st-78th....................... Ellison D. Smith.. Mar. 4, 1909 Jan. 2, 1945 Died Nov. 17, 1944.
78th............................ Wilton E. Hall.... Nov. 20, 1944 Do. By gov., to fill vac.
79th-90th....................... Olin D. Johnston.. Jan. 3, 1945 Jan. 2, 1969 Died Apr. 18, 1965.
89th-90th....................... Donald Russell.... Apr. 22, 1965 Do. By gov., to fill vac.
89th-108th...................... Ernest F. Nov. 9, 1966 Jan. 2, 2005 ......................
Hollings\14\.
----------------------------------------------------------------------------------------------------------------
\1\Elected Dec. 12, 1832. Took oath Jan. 4, 1833. Vice President during interim. Resigned Mar. 3, 1843.
\2\Resigned Mar. 3, 1845. Vacancy from Mar. 4 to Nov. 26, 1845.
\3\By governor, to fill vacancy. Died May 29, 1850.
\4\Retired from the Senate Nov. 10, 1860. Expelled July 11, 1861. Vacancy from Nov. 10, 1860, to July 15, 1868,
because of Civil War.
\5\By legislature, to fill vacancy in term beginning Mar. 4, 1865.
\6\By governor, to fill vacancy. Died Aug. 1, 1941.
\7\Elected Nov. 4, 1941, to fill vacancy in term ending Jan. 2, 1943.
\8\Resigned effective Dec. 23, 1954.
\9\Appointed by governor to fill vacancy in term ending Jan. 2, 1955, having previously, on Nov. 2, 1954, been
elected to full term ending Jan. 2, 1961.
\10\Elected Nov. 6, 1956, to fill vacancy in term ending Jan. 2, 1961.
\11\Resigned Aug. 17, 1846. Vacancy from Aug. 17 to Dec. 3, 1846.
\12\Retired from Senate Nov. 11, 1860. Vacancy from Nov. 11, 1860, to July 16, 1868, because of Civil War.
\13\By legislature, to fill vacancy in term beginning Mar. 4, 1867.
\14\Elected Nov. 8, 1966, to fill vacancy in term ending Jan. 2, 1969.
See footnotes at end of
South Dakota table.
880 881
880 881
SOUTH DAKOTA
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
51st-56th....................... Richard F. Nov. 2, 1889 Mar. 3, 1901 ......................
Pettigrew.
57th-62d........................ Robert J. Gamble.. Mar. 4, 1901 Mar. 3, 1913 ......................
63d-68th........................ Thomas Sterling... Mar. 4, 1913 Mar. 3, 1925 ......................
69th-71st....................... William H. Mar. 4, 1925 Mar. 3, 1931 ......................
McMaster.
72d-77th........................ William J. Bulow.. Mar. 4, 1931 Jan. 2, 1943 ......................
78th-80th....................... Harlan J. Jan. 3, 1943 Jan. 2, 1949 Died Sept. 27, 1948.
Bushfield.
80th............................ Vera C. Oct. 6, 1948 Dec. 26, 1948 By gov., to fill vac.
Bushfield\1\.
80th-92d........................ Karl E. Mundt\2\.. Dec. 31, 1948 Jan. 2, 1973 ......................
93d-95th........................ James Abourezk.... Jan. 3, 1973 Jan. 2, 1979 ......................
96th-104th...................... Larry Pressler.... Jan. 3, 1979 Jan. 2, 1997 ......................
105th-107th..................... Tim Johnson....... Jan. 3, 1997 Jan. 2, 2003
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
51st............................ Gideon C. Moody... Nov. 2, 1889 Mar. 3, 1891 ......................
52d-57th........................ James H. Kyle..... Mar. 4, 1891 Mar. 3, 1903 Died July 1, 1901.
57th............................ Alfred B. July 11, 1901 Jan. 20, 1903 By gov., to fill vac.
Kittredge.
57th-60th....................... ......do.......... Jan. 21, 1903 Mar. 3, 1909 ......................
61st-63d........................ Coe I. Crawford... Mar. 4, 1909 Mar. 3, 1915 ......................
64th-66th....................... Edwin S. Johnson.. Mar. 4, 1915 Mar. 3, 1921 ......................
67th-75th....................... Peter Norbeck..... Mar. 4, 1921 Jan. 2, 1939 Died Dec. 20, 1936.
74th-75th....................... Herbert E. Dec. 29, 1936 Nov. 8, 1938 By gov., to fill vac.
Hitchcock.
75th............................ Miss Gladys Pyle.. Nov. 9, 1938 Jan. 2, 1939 ......................
76th-81st....................... J. Chandler Gurney Jan. 3, 1939 Jan. 2, 1951 ......................
82d-87th........................ Francis Case...... Jan 3, 1951 Jan. 2, 1963 Died June 22, 1962.
87th............................ Joe H. Bottum..... July 9, 1962 Do. By gov., to fill vac.
88th-96th....................... George McGovern... Jan. 3, 1963 Jan. 2, 1981 ......................
97th-99th....................... James Abdnor...... Jan. 3, 1981 Jan. 2, 1987 ......................
100th-108th..................... Thomas A. Daschle. Jan. 3, 1987 Jan. 2, 2005
----------------------------------------------------------------------------------------------------------------
\1\Resigned Dec. 26, 1948.
\2\Appointed by governor Dec. 27, 1948, to fill vacancy in term ending Jan. 2, 1949. Oath administered Dec. 31,
1948. Continued to serve as Member of House of Representatives during interim.
See footnotes at end of
Tennessee table.
882 883
882 883
TENNESSEE
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
4th............................. William Cocke..... Aug. 2, 1796 Mar. 3, 1797 ......................
5th............................. ......do\1\....... Apr. 22, 1797 Sept. 26, 1797 ......................
5th-7th......................... Andrew Jackson.... Sept. 26, 1797 Mar. 3, 1803 Res. in April 1798.
5th............................. Daniel Smith...... Oct. 6, 1798 Dec. 12, 1798 By gov., to fill vac.
5th-10th........................ Joseph Anderson... Dec. 12, 1798 Mar. 3, 1809 ......................
11th............................ ......do.......... Mar. 4, 1809 Apr. 10, 1809 Do.
11th-13th....................... ......do.......... Apr. 11, 1809 Mar. 3, 1815 ......................
14th-16th....................... George W. Oct. 10, 1815 Mar. 3, 1821 ......................
Campbell\2\.
15th-16th....................... John H. Eaton..... Sept. 5, 1818 Oct. 8, 1819 By gov., to fill vac.
16th-22d........................ ......do.......... Oct. 9, 1819 Mar. 3, 1833 Res. Mar. 9, 1829.
21st-25th....................... Felix Grundy...... Oct. 19, 1829 Mar. 3, 1839 Res. July 4, 1838.
25th............................ Ephraim H. Sept. 17, 1838 Do. ......................
Foster\3\.
26th-28th....................... Felix Grundy...... Dec. 14, 1839 Mar. 3, 1845 Died Dec. 19, 1840.
26th-27th....................... Alfred O. P. Dec. 25, 1840 Oct. 16, 1843 By gov., to fill vac.
Nicholson.
28th............................ Ephraim H. Foster. Oct. 17, 1843 Mar. 3, 1845 ......................
29th-31st....................... Hopkins L. Turney. Mar. 4, 1845 Mar. 3, 1851 ......................
32d-34th........................ James C. Jones\4\. Mar. 4, 1851 Mar. 3, 1857 ......................
35th-37th....................... Andrew Johnson\5\. Oct. 8, 1857 Mar. 3, 1863 ......................
39th-40th....................... David T. May 4, 1865 Mar. 3, 1869 ......................
Patterson\6\.
41st-43d........................ William G. Mar. 4, 1869 Mar. 3, 1875 ......................
Brownlow.
44th-46th....................... Andrew Johnson.... Mar. 4, 1875 Mar. 3, 1881 Died July 31, 1875.
44th............................ David M. Key...... Aug. 18, 1875 Jan. 19, 1877 By gov., to fill vac.
44th-46th....................... James E. Bailey... Jan. 19, 1877 Mar. 3, 1881 ......................
47th-49th....................... Howell E. Jackson. Mar. 4, 1881 Mar. 3, 1887 Res. Apr. 14, 1886.
49th............................ Washington C. Apr. 16, 1886 Do. By gov., to fill vac.
Whitthorne.
50th-61st....................... William B. Bate... Mar. 4, 1887 Mar. 3, 1911 Died Mar. 9, 1905.
59th-61st....................... James B. Frazier.. Mar. 21, 1905 Do. ......................
62d-64th........................ Luke Lea.......... Mar. 4, 1911 Mar. 3, 1917 ......................
65th-82d........................ Kenneth D. Mar. 4, 1917 Jan. 2, 1953 ......................
McKellar.
83d-91st........................ Albert Gore....... Jan. 3, 1953 Jan. 2, 1971 ......................
92d-94th........................ William E. Brock Jan. 3, 1971 Jan. 2, 1977 ......................
III.
95th-103d....................... James R. Sasser... Jan. 3, 1977 Jan. 2, 1995 ......................
104th-106th..................... Bill Frist........ Jan. 3, 1995 Jan. 2, 2001
----------------------------------------------------------------------------------------------------------------
TENNESSEE--Continued
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
4th-5th......................... William Blount.... Aug. 2, 1796 Mar. 3, 1799 Exp. July 8, 1797.
5th............................. Joseph Anderson... Sept. 26, 1797 Do. ......................
6th-8th......................... William Cocke..... Mar. 4, 1799 Mar. 3, 1805 ......................
9th-11th........................ Daniel Smith...... Mar. 4, 1805 Mar. 3, 1811 Res. Mar. 31, 1809.
11th-14th....................... Jenkin Whiteside.. Apr. 11, 1809 Mar. 3, 1817 Res. Oct. 8, 1811.
12th-14th....................... George W. Campbell Oct. 8, 1811 Do. Res. Feb. 11, 1814.
13th-14th....................... Jesse Wharton..... Mar. 17, 1814 Oct. 10, 1815 By gov., to fill vac.
14th............................ John Williams..... Oct. 10, 1815 Mar. 3, 1817 ......................
15th............................ ......do\7\....... Mar. 4, 1817 Oct. 1, 1817 ......................
15th-17th....................... ......do.......... Oct. 2, 1817 Mar. 3, 1823 ......................
18th-20th....................... Andrew Jackson.... Mar. 4, 1823 Mar. 3, 1829 Res. Oct. 14, 1825.
19th-23d........................ Hugh Lawson Oct. 28, 1825 Mar. 3, 1835 ......................
White\8\.
24th-26th....................... ......do.......... Oct. 6, 1835 Mar. 3, 1841 Res. Jan. 13, 1840.
26th............................ Alexander Jan. 27, 1840 Do. ......................
Anderson\9\.
28th-29th....................... Spencer Jarnagin.. Oct. 17, 1843 Mar. 3, 1847 ......................
30th-32d........................ John Bell\10\..... Nov. 22, 1847 Mar. 3, 1853 ......................
33d-35th........................ ......do.......... Oct. 29, 1853 Mar. 3, 1859 ......................
36th-38th....................... Alfred O. P. Mar. 4, 1859 Mar. 3, 1865 ......................
Nicholson\11\.
39th-41st....................... Joseph S. Fowler.. May 4, 1865 Mar. 3, 1871 ......................
42d-44th........................ Henry Cooper...... Mar. 4, 1871 Mar. 3, 1877 ......................
45th-56th....................... Isham G. Harris... Mar. 4, 1877 Mar. 3, 1901 Died July 8, 1897.
55th............................ Thomas B. Turley.. July 20, 1897 Feb. 1, 1898 By gov., to fill vac.
55th-56th....................... ......do.......... Feb. 2, 1898 Mar. 3, 1901 ......................
57th-59th....................... Edward W. Carmack. Mar. 4, 1901 Mar. 3, 1907 ......................
60th-62d........................ Robert L. Taylor.. Mar. 4, 1907 Mar. 3, 1913 Died Mar. 31, 1912.
62d............................. Newell Sanders.... Apr. 8, 1912 Jan. 24, 1913 By gov., to fill vac.
Do............................ William R. Webb... Jan. 24, 1913 Mar. 3, 1913 ......................
63d-68th........................ John K. Shields... Mar. 4, 1913 Mar. 3, 1925 ......................
69th-71st....................... Lawrence D. Tyson. Mar. 4, 1925 Mar. 3, 1931 Died Aug. 24, 1929.
71st............................ William E. Brock.. Sept. 2, 1929 Nov. 3, 1930 By gov., to fill vac.
Do............................ ......do.......... Nov. 4, 1930 Mar. 3, 1931 ......................
72d-74th........................ Cordell Hull...... Mar. 4, 1931 Jan. 2, 1937 Res. Mar. 3, 1933.
73d............................. Nathan L. Bachman. Mar. 4, 1933 Nov. 6, 1934 By gov., to fill vac.
73d-77th........................ ......do.......... Nov. 7, 1934 Jan. 2, 1943 Died Apr. 23, 1937.
75th............................ George L. Berry... May 6, 1937 Nov. 8, 1938 By gov., to fill vac.
75th-80th....................... Tom Stewart\12\... Jan. 16, 1939 Jan. 2, 1949 ......................
81st-89st....................... Estes Kefauver.... Jan. 3, 1949 Jan. 2, 1967 Died Aug. 10, 1963.
88th............................ Herbert S. Walters Aug. 20, 1963 Nov. 3, 1964 By gov., to fill vac.
88th-89th....................... Ross Bass......... Nov. 4, 1964 Jan. 2, 1967 ......................
90th-98th....................... Howard H. Baker, Jan. 3, 1967 Jan. 2, 1985 ......................
Jr.
99th-104th...................... Albert Gore, Jan. 3, 1985 Jan. 2, 1997 Res. Jan. 1, 1993.
Jr\13\.
103d............................ Harlan Mathews\14\ Jan. 2, 1993 Nov. 8, 1994 By gov., to fill vac.
103d-107th...................... Fred Thompson\15\. Dec. 2, 1994 Jan. 2, 2003
----------------------------------------------------------------------------------------------------------------
\1\By governor, to fill vacancy by reason of no election.
\2\Resigned to take office ``at close of session'', Apr. 20, 1818. Vacancy from Mar. 1 to Oct. 10, 1815.
\3\By governor, to fill vacancy; subsequently elected for term beginning Mar. 4, 1839; resigned Mar. 3, 1839.
Vacancy from Mar. 4 to Dec. 14, 1939.
\4\Vacancy from Mar. 4 to Oct. 7, 1857.
\5\Resigned Mar. 4, 1862, military governor of Tennessee. Vacancy from Mar. 4, 1862, to May 4, 1865, because of
Civil War.
\6\By legislature, to fill vacancy in term beginning Mar. 4, 1863.
\7\By governor, during recess of legislature.
\8\Vacancy from Mar. 4 to Oct. 5, 1835.
\9\Vacancy from Mar. 4, 1841, to Oct. 16, 1843.
\10\Vacancy from Mar. 4, to Oct. 28, 1853.
\11\Retired Mar. 3, 1861. Expelled July 11, 1861. Vacancy from Mar. 3, 1861, to May 4, 1865, because of Civil
War.
\12\Elected Nov. 8, 1938. Took oath Jan. 16, 1939. Vacancy from Nov. 9, 1938, to Jan. 15, 1939.
\13\Resigned Jan. 1, 1993, having been elected Vice President of the United States for the 52d term.
\14\By gov. to fill vacancy until Election Day 1994.
\15\Elected Nov. 8, 1994 to fill unexpired term ending Jan. 2, 1997.
See footnotes at end of
Texas table.
884 885
884 885
TEXAS
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
29th-37th....................... Thomas J. Rusk.... Feb. 21, 1846 Mar. 3, 1863 Died July 29, 1857.
35th-37th....................... J. Pinckney Nov. 9, 1857 Do. Died June 4, 1858.
Henderson.
35th-36th....................... Matthias Ward..... Sept. 27, 1858 Dec. 5, 1859 By gov., to fill vac.
36th-37th....................... Louis T. Dec. 5, 1859 Mar. 3, 1863 ......................
Wigfall\1\.
41st-43d........................ J. W. Flanagan\2\. Feb. 22, 1870 Mar. 3, 1875 ......................
44th-49th....................... Samuel B. Maxey... Mar. 4, 1875 Mar. 3, 1887 ......................
50th-52d........................ John H. Reagan.... Mar. 4, 1887 Mar. 3, 1893 Res. June 10, 1891.
52d............................. Horace Chilton.... June 10, 1891 Mar. 22, 1892 By gov., to fill vac.
52d-55th........................ Roger Q. Mills.... Mar. 23, 1892 Mar. 3, 1899 ......................
56th-67th....................... Charles A. Mar. 4, 1899 Mar. 3, 1923 ......................
Culberson.
68th-70th....................... Earle B. Mayfield. Mar. 4, 1923 Mar. 3, 1929 ......................
71st-82d........................ Tom Connally...... Mar. 4, 1929 Jan. 2, 1953 ......................
83d-85th........................ Price Daniel...... Jan. 3, 1953 Jan. 2, 1959 Res. Jan. 14, 1957.
85th............................ Wm. A. Blakley.... Jan. 15, 1957 Apr. 28, 1957 By gov., to fill vac.
85th-91st....................... Ralph Apr. 29, 1957 Jan. 2, 1971 ......................
Yarborough\3\.
92d-102d........................ Lloyd M. Bentsen, Jan. 3, 1971 Jan. 2, 1995 Res. Jan. 20, 1993.
Jr.
102d............................ Bob Krueger....... Jan. 21, 1993 June 13, 1993 By gov., to fill vac.
102d-106th...................... Kay Bailey June 14, 1993 Jan. 2, 2001 ......................
Hutchison\4\.
----------------------------------------------------------------------------------------------------------------
Class 2
----------------------------------------------------------------------------------------------------------------
29th-35th....................... Sam Houston....... Feb. 21, 1846 Mar. 3, 1859 ......................
36th-38th....................... John Hemphill\5\.. Mar. 4, 1859 Mar. 3, 1865 ......................
41st-44th....................... Morgan C. Feb. 22, 1870 Mar. 3, 1877 ......................
Hamilton\6\.
45th-53d........................ Richard Coke...... Mar. 4, 1877 Mar. 3, 1895 ......................
54th-56th....................... Horace Chilton.... Mar. 4, 1895 Mar. 3, 1901 ......................
57th-62d........................ Joseph W. Bailey.. Mar. 4, 1901 Mar. 3, 1913 Res. Jan. 3, 1913.
62d............................. Rienzi M. Johnston Jan. 4, 1913 Jan. 29, 1913 By gov., to fill vac.
62d-77th........................ Morris Sheppard... Jan. 29, 1913 Jan. 2, 1943 Died Apr. 9, 1941.
77th............................ Andrew Jackson Apr. 21, 1941 June 26, 1941 ......................
Houston\7\.
77th-80th....................... W. Lee O'Daniel\8\ Aug. 4, 1941 Jan. 2, 1949 ......................
81st-87th....................... Lyndon B. Jan. 3, 1949 Jan. 3, 1961 ......................
Johnson\9\.
87th............................ Wm. A. Blakley\10\ Jan. 3, 1961 June 14, 1961 By gov., to fill vac.
87th-98th....................... John G. Tower\11\. June 15, 1961 Jan. 2, 1985
99th-107th...................... Phil Gramm........ Jan. 3, 1985 Jan. 2, 2003 ......................
----------------------------------------------------------------------------------------------------------------
\1\Expelled July 11, 1861. Vacancy from July 11, 1861, to Feb. 22, 1870, because of Civil War.
\2\By legislature, to fill vacancy in term beginning Mar. 4, 1869.
\3\Elected Apr. 2, 1957, to fill vacancy in term ending Jan. 2, 1959. Took oath Apr. 29, 1957.
\4\Elected June 4, 1993 to fill unexpired term.
\5\Expelled July 11, 1861. Vacancy from July 11, 1861, to Feb. 22, 1870, because of Civil War.
\6\By legislature, to fill vacancy in term beginning Mar. 4, 1865.
\7\By governor, to fill vacancy. Died June 26, 1941.
\8\Elected June 28, 1941. Took oath Aug. 4, 1941, Governor during interim.
\9\Elected Nov. 8, 1960, to full term Jan. 3, 1961, to Jan 2, 1967, but resigned Jan. 3, 1961, immediately after
taking oath of office, having been elected Vice President of the United States for the 44th term on Nov. 8,
1960.
\10\Defeated in special election held May 27, 1961.
\11\Elected May 27, 1961, to serve unexpired term. See S. Jour. 547, 87-1, July 17, 1961.
See footnotes at end of Utah
table.
886 887
886 887
UTAH
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
54th-55th....................... Frank J. Cannon... Jan. 22, 1896 Mar. 3, 1899 ......................
56th-58th....................... Thomas Kearns\1\.. Jan. 23, 1901 Mar. 3, 1905 ......................
59th-65th....................... George Sutherland. Mar. 4, 1905 Mar. 3, 1917 ......................
65th-76th....................... William H. King... Mar. 4, 1917 Jan. 2, 1941 ......................
77th-79th....................... Abe Murdock....... Jan. 3, 1941 Jan. 2, 1947 ......................
80th-85th....................... Arthur V. Watkins. Jan. 3, 1947 Jan. 2, 1959 ......................
86th-94th....................... Frank E. Moss..... Jan. 3, 1959 Jan. 2, 1977 ......................
95th-106th...................... Orrin G. Hatch.... Jan. 3, 1977 Jan. 2, 2001 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
54th............................ Arthur Brown...... Jan. 22, 1896 Mar. 3, 1897 ......................
UTAH--Countinued
Class 3
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
55th-57th....................... Joseph L. Rawlins. Mar. 4, 1897 Mar. 3, 1903 ......................
58th-72d........................ Reed Smoot........ Mar. 4, 1903 Mar. 3, 1933 ......................
73d-81st........................ Elbert D. Thomas.. Mar. 4, 1933 Jan. 2, 1951 ......................
82d-93d......................... Wallace F. Bennett Jan. 3, 1951 Jan. 2, 1975 Res. Dec. 20, 1974.
93d-102d........................ E. J. ``Jake'' Dec. 21, 1974 Jan. 2, 1993 ......................
Garn\2\.
103d-108th...................... Robert F. Bennett. Jan. 3, 1993 Jan. 2, 2005 ......................
----------------------------------------------------------------------------------------------------------------
\1\Vacancy from Mar. 4, 1899, to Jan. 22, 1901, because of failure of legislature to elect.
\2\By governor, to fill vacancy in term ending Jan. 2, 1975.
See footnotes at end of
Vermont table.
888 889
888 889
VERMONT
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
2d-4th.......................... Moses Robinson.... Oct. 17, 1791 Mar. 3, 1797 Res. Oct. 15, 1796.
4th-7th......................... Isaac Tichenor.... Oct. 18, 1796 Mar. 3, 1803 Res. Oct. 17, 1797.
5th-7th......................... Nathaniel Chipman. Oct. 17, 1797 Do. ......................
8th-10th........................ Israel Smith...... Mar. 4, 1803 Mar. 3, 1809 Res. Oct. 1, 1807.
10th-13th....................... Jonathan Robinson. Oct. 10, 1807 Mar. 3, 1815 ......................
14th-16th....................... Issac Tichenor.... Mar. 4, 1815 Mar. 3, 1821 ......................
17th-22d........................ Horatio Seymour... Mar. 4, 1821 Mar. 3, 1833 ......................
23d-25th........................ Benjamin Swift.... Mar. 4, 1833 Mar. 3, 1839 ......................
26th-31st....................... Samuel S. Phelps.. Mar. 4, 1839 Mar. 3, 1851 ......................
32d-40th........................ Solomon Foot...... Mar. 4, 1851 Mar. 3, 1869 Died Mar. 28, 1866.
39th............................ George F. Edmunds. Apr. 3, 1866 Oct. 23, 1866 By gov., to fill vac.
39th-52d........................ ......do.......... Oct. 24, 1866 Mar. 3, 1893 Res. Nov. 1, 1891.
52d............................. Redfield Proctor.. Nov. 2, 1891 Oct. 18, 1892 By gov., to fill vac.
52d-61st........................ ......do.......... Oct. 19, 1892 Mar. 3, 1911 Died Mar. 4, 1908.
60th............................ John W. Stewart... Mar. 24, 1908 Oct. 20, 1908 By gov., to fill vac.
60th-67th....................... Carroll S. Page... Oct. 21, 1908 Mar. 3, 1923 ......................
68th-73d........................ Frank L. Greene... Mar. 4, 1923 Mar. 3, 1935 Died Dec. 17, 1930.
71st-72d........................ Frank C. Partridge Dec. 23, 1930 Mar. 31, 1931 By gov., to fill vac.
72d-79th........................ Warren R. Austin.. Apr. 1, 1931 Jan. 2, 1947 Res. Aug. 2, 1946.
79th............................ Ralph E. Flanders. Nov. 1, 1946 Do. By gov., to fill vac.
80th-85th....................... ......do.......... Jan. 3, 1947 Jan. 2, 1959 ......................
86th-94th....................... Winston L. Prouty. Jan. 3, 1959 Jan. 2, 1977 Died Sept. 10, 1971.
91st-100th...................... Robert T. Sept. 16, 1971 Jan. 2, 1989 By gov., to fill vac.
Stafford\1\.
101st-106th..................... James M. Jeffords. Jan. 3, 1989 Jan. 2, 2001 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
2d-3d........................... Stephen R. Bradley Oct. 17, 1791 Mar. 3, 1795 ......................
4th-6th......................... Elijah Paine...... Mar. 4, 1795 Mar. 3, 1801 Res. Sept. 1, 1801.
7th-12th........................ Stephen R. Bradley Oct. 15, 1801 Mar. 3, 1813 ......................
13th-15th....................... Dudley Chase...... Mar. 4, 1813 Mar. 3, 1819 Res. Nov. 3, 1817.
15th............................ James Fisk........ Nov. 4, 1817 Do. Res. Jan. 8, 1818.
15th-18th....................... William A. Palmer. Oct. 20, 1818 Mar. 3, 1825 ......................
19th-21st....................... Dudley Chase...... Mar. 4, 1825 Mar. 3, 1831 ......................
22d-27th........................ Samuel Prentiss... Mar. 4, 1831 Mar. 3, 1843 Res. Apr. 11, 1842.
27th............................ Samuel C. Crafts.. Apr. 23, 1842 Oct. 25, 1842 By gov., to fill vac.
Do............................ ......do.......... Oct. 26, 1842 Mar. 3, 1843 ......................
28th-33d........................ William Upham..... Mar. 4, 1843 Mar. 3, 1855 Died Jan. 14, 1853.
32d-33d......................... Samuel S. Jan. 17, 1853 Mar. 16, 1854 ......................
Phelps\2\.
33d............................. Lawrence Brainerd. Oct. 14, 1854 Mar. 3, 1855 ......................
34th-39th....................... Jacob Collamer.... Mar. 4, 1855 Mar. 3, 1867 Died Nov. 9, 1865.
39th............................ Luke P. Poland.... Nov. 21, 1865 Oct. 23, 1866 By gov., to fill vac.
Do............................ ......do.......... Oct. 24, 1866 Mar. 3, 1867 ......................
40th-57th....................... Justin S. Morrill. Mar. 4, 1867 Mar. 3, 1903 Died Dec. 28, 1898.
55th-56th....................... Jonathan Ross..... Jan. 11, 1899 Oct. 17, 1900 By gov., to fill vac.
56th-69th....................... William P. Oct. 18, 1900 Mar. 3, 1927 ......................
Dillingham\3\.
68th-75th....................... Porter H. Dale\4\. Nov. 6, 1923 Jan. 2, 1939 ......................
73d............................. Ernest W. Gibson.. Nov. 21, 1933 Jan. 16, 1934 Do.
73d-78th........................ ......do.......... Jan. 17, 1934 Jan. 2, 1945 Died June 20, 1940.
76th............................ Ernest W. Gibson, June 24, 1940 Jan. 2, 1941 By gov., to fill vac.
Jr.
77th-93d........................ George D. Aiken\5\ Jan. 10, 1941 Jan. 2, 1975 ......................
VERMONT--Continued
Class 3
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
94th-108th...................... Patrick J. Leahy.. Jan. 3, 1975 Jan. 2, 2005 ......................
----------------------------------------------------------------------------------------------------------------
\1\Elected Jan. 7, 1972, to fill vacancy in term ending Jan. 2, 1977.
\2\By governor, to fill vacancy. By resolution of Senate, Mar. 16, 1854, declared not entitled to retain his
seat. Vacancy from Mar. 16 to Oct. 13, 1854.
\3\Died July 12, 1923. Vacancy from July 13 to Nov. 5, 1923.
\4\Died Oct. 6, 1933. Vacancy from Oct. 7 to Nov. 20, 1933.
\5\Elected Nov. 5, 1940, to fill vacancy in term ending Jan. 2, 1945. Took oath Jan. 10, 1941. Governor during
interim.
See footnotes at end of
Virginia table.
890 891
890 891
VIRGINIA
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
1st............................. William Grayson... Mar. 4, 1789 Mar. 3, 1791 Died Mar. 12, 1790.
Do............................ John Walker....... Mar. 31, 1790 Nov. 9, 1790 By gov., to fill vac.
1st-4th......................... James Monroe...... Nov. 9, 1790 Mar. 3, 1797 Res. May 27, 1794.
3d-10th......................... Stevens T. Mason.. Nov. 18, 1794 Mar. 3, 1809 Died May 10, 1803.
8th............................. John Taylor....... June 4, 1803 Dec. 7, 1803 By gov., to fill vac.
8th-10th........................ Abraham B. Venable Dec. 7, 1803 Mar. 3, 1809 Res. June 7, 1804.
8th............................. William B. Giles.. Aug. 11, 1804 Dec. 4, 1804 By gov., to fill vac.
8th-10th........................ Andrew Moore...... Dec. 4, 1804 Mar. 3, 1809 ......................
11th-13th....................... Richard Brent..... Mar. 4, 1809 Mar. 3, 1815 Died Dec. 30, 1814.
13th-19th....................... James C. Barbour.. Jan. 2, 1815 Mar. 3, 1827 Res. Mar. 27, 1825.
19th............................ John Randolph..... Dec. 9, 1825 Do. ......................
20th-25th....................... John Tyler........ Mar. 4, 1827 Mar. 3, 1839 Res. Feb. 29, 1836.
24th-25th....................... William C. Mar. 4, 1836 Do. ......................
Rives\1\.
26th-28th....................... ......do.......... Jan. 18, 1841 Mar. 3, 1845 ......................
29th-31st....................... Isaac S. Dec. 3, 1845 Mar. 3, 1851 Died Jan. 12, 1847.
Pennybacker.
29th-37th....................... James M. Mason\2\. Jan. 21, 1847 Mar. 3, 1863 ......................
37th............................ Waitman T. July 9, 1861 Do. ......................
Willey\3\.
38th-40th....................... Lemuel J. Mar. 4, 1863 Mar. 3, 1869 ......................
Bowden\4\.
41st-43d........................ John F. Lewis\5\.. Oct. 20, 1869 Mar. 3, 1875 ......................
44th-46th....................... Robert E. Withers. Mar. 4, 1875 Mar. 3, 1881 ......................
47th-49th....................... William Mahone.... Mar. 4, 1881 Mar. 3, 1887 ......................
50th-64th....................... John W. Daniel.... Mar. 4, 1887 Mar. 3, 1917 Died June 29, 1910.
61st............................ Claude A. Swanson. Aug. 1, 1910 Mar. 3, 1911 By gov., to fill vac.
62d............................. ......do.......... Mar. 4, 1911 Jan. 23, 1912 Do.
62d-73d......................... ......do\6\....... Jan. 24, 1912 Jan. 2, 1935 ......................
73d-91st........................ Harry Flood Mar. 4, 1933 Jan. 2, 1971 By gov., to fill vac.
Byrd\7\.
89th-97th....................... Harry Flood Byrd, Nov. 12, 1965 Jan. 2, 1983 Do.
Jr.\8\.
98th-100th...................... Paul S. Trible, Jan. 3, 1983 Jan. 2, 1989
Jr..
101st-106th..................... Charles S. Robb... Jan. 3, 1989 Jan. 2, 2001 ......................
----------------------------------------------------------------------------------------------------------------
Class 2
----------------------------------------------------------------------------------------------------------------
1st-2d.......................... Richard Henry Lee. Mar. 4, 1789 Mar. 3, 1793 Res. Oct. 8, 1792.
2d-5th.......................... John Taylor....... Oct. 18, 1792 Mar. 3, 1799 Res. May 11, 1794.
3d-5th.......................... Henry Tazewell.... Nov. 18, 1794 Do. Died Jan. 24, 1799.
6th-8th......................... Wilson C. Nicholas Dec. 5, 1799 Mar. 3, 1805 Res. May 22, 1804.
8th............................. Andrew Moore...... Aug. 11, 1804 Dec. 4, 1804 By gov., to fill vac.
8th-14th........................ William B. Giles.. Dec. 4, 1804 Mar. 3, 1817 Res. Mar. 3, 1815.
14th............................ Armistead T. Mason Jan. 3, 1816 Do. ......................
15th-17th....................... John W. Eppes..... Mar. 4, 1817 Mar. 3, 1823 Res. Dec. 4, 1819.
16th-17th....................... James Pleasants... Dec. 10, 1819 Do. Res. Dec. 15, 1822.
17th-20th....................... John Taylor....... Dec. 18, 1822 Mar. 3, 1829 Died Aug. 20, 1824.
18th-23d........................ Littleton W. Dec. 7, 1824 Mar. 3, 1835 Res. July 16, 1832.
Tazewell.
22d-23d......................... William C. Rives.. Dec. 10, 1832 Do. Res. Feb. 22, 1834.
23d-26th........................ Benjamin W. Leigh. Feb. 26, 1834 Mar. 3, 1841 Res. July 4, 1836.
24th-26th....................... Richard E. Parker. Dec. 12, 1836 Do. Res. Mar. 13, 1837.
25th-26th....................... William H. Roane.. Mar. 14, 1837 Do. ......................
27th-29th....................... William S. Archer. Mar. 4, 1841 Mar. 3, 1847 ......................
30th-38th....................... Robert M. T. Mar. 4, 1847 Mar. 3, 1865 ......................
Hunter \9\.
37th-38th....................... John S. Carlile July 9, 1861 Do. ......................
\10\.
41st............................ John W. Johnston Oct. 20, 1869 Mar. 3, 1871 ......................
\11\.
42d-47th........................ ......do.......... Mar. 15, 1871 Mar. 3, 1883 ......................
48th-50th....................... Harrison H. Mar. 4, 1883 Mar. 3, 1889 ......................
Riddleberger.
VIRGINIA--Continued
Class 2
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
51st-53d........................ John S. Barbour, Mar. 4, 1889 Mar. 3, 1895 Died May 14, 1892.
Jr.
52d-53d......................... Eppa Hunton....... May 28, 1892 Dec. 19, 1893 By gov., to fill vac.
53d............................. ......do.......... Dec. 20, 1893 Mar. 3, 1895 ......................
54th-66th....................... Thomas S. Martin Mar. 4, 1895 Mar. 3, 1925 ......................
\12\.
66th............................ Carter Glass \13\. Nov. 18, 1919 Nov. 2, 1920 ......................
66th-80th....................... ......do.......... Nov. 3, 1920 Jan. 2, 1949 Died May 28, 1946.
79th............................ Thomas G. Burch... May 31, 1946 Nov. 5, 1946 By gov., to fill vac.
79th-89th....................... A. Willis Nov. 6, 1946 Jan. 2, 1967 Res. Dec. 30, 1966.
Robertson \14\.
89th-92d........................ William B. Spong, Dec. 31, 1966 Jan. 2, 1973 ......................
Jr \15\.
93d-95th........................ William L. Scott.. Jan. 3, 1973 Jan. 2, 1979 Res. Jan. 1, 1979.
96th-107th...................... John W. Warner.... Jan. 2, 1979 Jan. 2, 2003 By gov., to fill vac.
----------------------------------------------------------------------------------------------------------------
\1\Vacancy in this class from Mar. 4, 1839, to Jan. 17, 1841.
\2\Retired from Senate Mar. 28, 1861. Expelled July 11, 1861. Vacancy from Mar. 28 to July 8, 1861, because of
Civil War.
\3\By legislature, to fill vacancy.
\4\Died Jan. 2, 1864. Vacancy from Jan. 2, 1864, to Oct. 20, 1869, because of Civil War.
\5\By legislature, to fill vacancy in term beginning Mar. 4, 1869.
\6\Resigned, effective Mar. 3, 1933.
\7\Elected Nov. 7, 1933, to fill vacancy in term ending Jan. 2, 1935. Resigned Nov. 10, 1965.
\8\Elected Nov. 8, 1966, to fill vacancy in term ending Jan. 2, 1971.
\9\ Retired from Senate Mar. 28, 1861. Expelled July 11, 1861. Vacancy from Mar. 28 to July 8, 1861, because of
Civil War.
\10\ By legislature to fill vacancy. Vacancy from Mar. 4, 1865, to Oct. 20, 1869, because of Civil War.
\11\ By legislature to fill vacancy in term beginning Mar. 4, 1865.
\12\ Died Nov. 12, 1919. Vacancy from Nov. 12, 1919, to Feb. 21 1920.
\13\ Appointed by governor. Took oath Feb. 2, 1920; Secretary of Treasury during interim.
\14\ Elected Nov. 5, 1946, to fill vacancy in term ending Jan. 2, 1949.
\15\ By governor, to fill vacancy in term ending Jan. 2, 1967.
Footnotes continued on next
page.
892 893
892 893
WASHINGTON
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
51st-52d........................ John B. Allen..... Nov. 20, 1889 Mar. 3, 1893 ......................
53d-55th........................ John L. Wilson \1\ Feb. 1, 1895 Mar. 3, 1899 ......................
56th-58th....................... Addison G. Foster. Mar. 4, 1899 Mar. 3, 1905 ......................
59th-61st....................... Samuel H. Piles... Mar. 4, 1905 Mar. 3, 1911 ......................
62d-67th........................ Miles Poindexter.. Mar. 4, 1911 Mar. 3, 1923 ......................
68th-73d........................ Clarence C. Dill.. Mar. 4, 1923 Jan. 2, 1935 ......................
74th-76th....................... Lewis B. Jan. 3, 1935 Jan. 2, 1941 Res. Dec. 16, 1940.
Schwellenbach.
76th............................ Mon C. Wallgren... Dec. 19, 1940 Do. By gov., to fill vac.
77th-79th....................... ......do.\2\...... Jan. 3, 1941 Jan. 2, 1947 ......................
79th............................ Hugh B. Mitchell Jan. 10, 1945 Do. ......................
\3\.
Do............................ Harry P. Cain..... Dec. 26, 1946 Do. Do.
80th-82d........................ ......do.......... Jan. 2, 1947 Jan. 2, 1953 ......................
83d-98th........................ Henry M. Jackson.. Jan. 3, 1953 Jan. 2, 1989 Died Sept. 1, 1983
98th-100th...................... Daniel J. Evans\4\ Sept. 12, 1983 Jan. 2, 1989 ......................
101st-106th..................... Slade Gorton...... Jan. 3, 1989 Jan. 2, 2001 ......................
----------------------------------------------------------------------------------------------------------------
Class 3
----------------------------------------------------------------------------------------------------------------
51st-54th....................... Watson C. Squire.. Nov. 20, 1889 Mar. 3, 1897 ......................
55th-57th....................... George Turner..... Mar. 4, 1897 Mar. 3, 1903 ......................
58th-60th....................... Levi Ankeny....... Mar. 4, 1903 Mar. 3, 1909 ......................
61st-72d........................ Wesley L. Jones... Mar. 4, 1909 Mar. 3, 1933 Died Nov. 19, 1932.
72d............................. Elijah S. Grammer. Nov. 22, 1932 Do. By gov., to fill vac.
73d-78th........................ Homer T. Bone..... Mar. 4, 1933 Jan. 2, 1945 Res. Nov. 13, 1944.
78th-96th....................... Warren G. Magnuson Dec. 14, 1944 Jan. 2, 1981 ......................
\5\.
97th-99th....................... Slade Gorton...... Jan. 3, 1981 Jan. 2, 1987 ......................
100th-102d...................... Brock Adams....... Jan 3, 1987 Jan. 2, 1993
103d-108th...................... Patty Murray...... Jan. 3, 1993 Jan. 2, 2005 ......................
----------------------------------------------------------------------------------------------------------------
\1\ Vacancy from Mar. 4, 1893, to Feb. 1, 1895, because of failure of legislature to elect. John B. Allen was
appointed by governor Mar. 10, 1893, to fill vacancy, but by Senate resolution of Aug. 28, 1893, was declared
not entitled to a seat.
\2\ Resigned to become governor. Jan. 10, 1945.
\3\ By governor, to fill vacancy. Resigned Dec. 25, 1946.
\4\ Appointed by governor Sept. 8, 1983, to fill vacancy until special election; held Nov. 8, 1983, elected to
fill unexpired term ending Jan. 2, 1989.
\5\ By governor, to fill vacancy in term ending Jan. 2, 1945.
See footnotes at end of West
Virginia table.
894 895
894 895
WEST VIRGINIA
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
38th-40th....................... Peter G. Van Aug. 4, 1863 Mar. 3, 1869 ......................
Winkle.
41st-43d........................ Arthur I. Boreman. Mar. 4, 1869 Mar. 3, 1875 ......................
44th-46th....................... Allen T. Caperton. Mar. 4, 1875 Mar. 3, 1881 Died July 26, 1876.
44th............................ Samuel Price...... Aug. 26, 1876 Jan. 26, 1877 By gov., to fill vac.
44th-46th....................... Frank Hereford.... Jan. 26, 1877 Mar. 3, 1881 ......................
47th-49th....................... Johnson N. Camden. Mar. 4, 1881 Mar. 3, 1887 ......................
50th-55th....................... Charles J. Mar. 4, 1887 Mar. 3, 1899 ......................
Faulkner.
56th-61st....................... Nathan B. Scott... Mar. 4, 1899 Mar. 3, 1911 ......................
62d-64th........................ William E. Chilton Mar. 4, 1911 Mar. 3, 1917 ......................
65th-67th....................... Howard Sutherland. Mar. 4, 1917 Mar. 3, 1923 ......................
68th-70th....................... Matthew M. Neely.. Mar. 4, 1923 Mar. 3, 1929 ......................
71st-73d........................ Henry D. Hatfield. Mar. 4, 1929 Jan. 2, 1935 ......................
74th-76th....................... Rush D. Holt \1\.. Jan. 3, 1935 Jan. 2, 1941 ......................
77th-85th....................... Harley M. Kilgore. Jan. 3, 1941 Jan. 2, 1959 Died Feb. 28, 1956.
84th............................ William R. Laird Mar. 13, 1956 Nov. 6, 1956 By gov., to fill vac.
III.
85th............................ Chapman Revercomb Nov. 7, 1956 Jan. 2, 1959 ......................
\2\.
86th-106th...................... Robert C. Byrd.... Jan. 3, 1959 Jan. 2, 2001 ......................
----------------------------------------------------------------------------------------------------------------
Class 2
----------------------------------------------------------------------------------------------------------------
38th-41st....................... Waitman T. Willey. Aug. 4, 1863 Mar. 3, 1871 ......................
42d-47th........................ Henry G. Davis.... Mar. 4, 1871 Mar. 3, 1883 ......................
48th-53d........................ John E. Kenna..... Mar. 4, 1883 Mar. 3, 1895 Died Jan 11, 1893.
52d-53d......................... Johnson N. Camden. Jan. 25, 1893 Do. ......................
54th-62d........................ Stephen B. Elkins. Mar. 4, 1895 Mar. 3, 1913 Died Jan. 4, 1911.
61st............................ Davis Elkins...... Jan. 9, 1911 Jan. 31, 1911 By gov., to fill vac.
61st-62d........................ Clarence W. Watson Feb. 1, 1911 Mar. 3, 1913 ......................
63d-65th........................ Nathan Goff....... Mar. 4, 1913 Mar. 3, 1919 ......................
66th-68th....................... Davis Elkins...... Mar. 4, 1919 Mar. 3, 1925 ......................
69th-71st....................... Guy D. Goff....... Mar. 4, 1925 Mar. 3, 1931 ......................
72d-77th........................ Matthew M. Neely.. Mar. 4, 1931 Jan. 2, 1943 Res. Jan. 12, 1941.
77th............................ Joseph Rosier..... Jan. 13, 1941 Nov. 17, 1942 By gov., to fill vac.
Do............................ Hugh Ike Shott.... Nov. 18, 1942 Jan. 2, 1943 ......................
78th-80th....................... Chapman Revercomb. Jan. 3, 1943 Jan. 2, 1949 ......................
81st-86th....................... Matthew M. Neely.. Jan. 3, 1949 Jan. 2, 1961 Died Jan. 18, 1958.
85th............................ John D. Jan. 25, 1958 Nov. 4, 1958 By gov., to fill vac.
Hoblitzell, Jr.
85th-98th....................... Jennings Randolph Nov. 5, 1958 Jan. 2, 1985 ......................
\3\.
99th-107th...................... John D. Jan. 15, 1985 Jan. 2, 2003 ......................
Rockefeller IV.
----------------------------------------------------------------------------------------------------------------
\1\ Elected Nov. 6, 1934, but not having reached the age required by the Constitution, did not take his seat
until June 21, 1935.
\2\ Elected Nov. 6, 1956, to fill vacancy in term ending Jan. 2, 1959.
\3\ Elected Nov. 4, 1958, to fill vacancy in term ending Jan. 2, 1961.
See footnotes at end of
Wisconsin table.
896 897
896 897
WISCONSIN
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
30th-34th....................... Henry Dodge....... June 8, 1848 Mar. 3, 1857 ......................
35th-40th....................... James R. Doolittle Mar. 4, 1857 Mar. 3, 1869 ......................
41st-43d........................ Matthew H. Mar. 4, 1869 Mar. 3, 1875 ......................
Carpenter.
44th-46th....................... Angus Cameron..... Mar. 4, 1875 Mar. 3, 1881 ......................
47th-52d........................ Philetus Sawyer... Mar. 4, 1881 Mar. 3, 1893 ......................
53d-55th........................ John L. Mitchell.. Mar. 4, 1893 Mar. 3, 1899 ......................
56th-58th....................... Joseph V. Quarles. Mar. 4, 1899 Mar. 3, 1905 ......................
59th-69th....................... Robert M. La Mar. 4, 1905 Mar. 3, 1929 ......................
Follette\1\.
69th-79th....................... Robert M. La Sept. 30, 1925 Jan. 2, 1947 Elec. Sept. 29, 1925.
Follette, Jr.
80th-85th....................... Joseph R. McCarthy Jan. 3, 1947 Jan. 2, 1959 Died May 2, 1957.
85th-100th...................... William Aug. 28, 1957 Jan. 2, 1989 ......................
Proxmire\2\.
101st-106th..................... Herbert Kohl...... Jan. 3, 1989 Jan. 2, 2001 ......................
----------------------------------------------------------------------------------------------------------------
WISCONSIN--Continued
Class 3
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
30th-33d........................ Isaac P. Walker... June 8, 1848 Mar. 3, 1855 ......................
34th-36th....................... Charles Durkee.... Mar. 4, 1855 Mar. 3, 1861 ......................
37th-45th....................... Timothy O. Howe... Mar. 4, 1861 Mar. 3, 1879 ......................
46th-48th....................... Matthew H. Mar. 4, 1879 Mar. 3, 1885 Died Feb. 24, 1881.
Carpenter.
47th-48th....................... Angus Cameron..... Mar. 10, 1881 Do. ......................
49th-51st....................... John Coit Spooner. Mar. 4, 1885 Mar. 3, 1891 ......................
52d-54th........................ William F. Vilas.. Mar. 4, 1891 Mar. 3, 1897 ......................
55th-60th....................... John Coit Mar. 4, 1897 Mar. 3, 1909 ......................
Spooner\3\.
60th-63d........................ Isaac May 17, 1907 Mar. 3, 1915 ......................
Stephenson\4\.
64th-66th....................... Paul O. Husting\5\ Mar. 4, 1915 Mar. 3, 1921 ......................
65th-69th....................... Irvine L. Apr. 2, 1918 Mar. 3, 1927 ......................
Lenroot\6\.
70th-72d........................ John J. Blaine.... Mar. 4, 1927 Mar. 3, 1933 ......................
73d-75th........................ F. Ryan Duffy..... Mar. 4, 1933 Jan. 2, 1939 ......................
76th-87th....................... Alexander Wiley... Jan. 3, 1939 Jan. 2, 1963 ......................
88th-96th....................... Gaylord Nelson\7\. Jan. 8, 1963 Jan. 2, 1981 ......................
97th-102d....................... Robert W. Kasten, Jan. 3, 1981 Jan. 2, 1993 ......................
Jr..
103d-108th...................... Russell D. Jan. 3, 1993 Jan. 2, 2005 ......................
Feingold.
----------------------------------------------------------------------------------------------------------------
\1\Elected Jan. 25, 1905. Took oath Jan. 4, 1906. Governor during interim. Died June 18, 1925. Vacancy from June
19 to Sept. 29, 1925.
\2\Elected Aug. 27, 1957, to fill vacancy in term ending Jan. 2, 1959.
\3\Resigned Mar. 2, 1907, to take effect May 1, 1907.
\4\Elected by legislature to fill vacancy.
\5\Died Oct. 21, 1917. Vacancy from Oct. 22, 1917, to Apr. 1, 1918.
\6\Was Representative from Apr. 2 to 17, 1918, inclusive.
\7\Waived compensation Jan. 3-7, 1963, while governor of State.
Footnote continued on next
page.
898 899
898 899
WYOMING
Class 1
----------------------------------------------------------------------------------------------------------------
Commencement of Expiration of
Congress Name of Senator term term Remarks
----------------------------------------------------------------------------------------------------------------
51st-52d........................ Francis E. Warren. Nov. 18, 1890 Mar. 3. 1893 ......................
53d............................. (\1\)............. ................ ................ ......................
53d-65th........................ Clarence D. Jan. 23, 1895 Mar. 3, 1917 ......................
Clark\2\.
65th-73d........................ John B. Mar. 4, 1917 Jan. 2, 1935 ......................
Kendrick\3\.
73d............................. Joseph C. Jan. 1, 1934 Nov. 6, 1934 By gov., to fill vac.
O'Mahoney\4\.
73d-82d......................... ......do.......... Nov. 7, 1934 Jan. 2, 1953 ......................
83d-85th........................ Frank A. Barrett.. Jan. 3, 1953 Jan. 2, 1959 ......................
86th-94th....................... Gale W. McGee..... Jan. 3, 1959 Jan. 2, 1977 ......................
95th-103d....................... Malcolm Wallop.... Jan. 3, 1977 Jan. 2, 1995 ......................
104th-106th..................... Craig Thomas...... Jan. 3, 1995 Jan. 2, 2001 ......................
----------------------------------------------------------------------------------------------------------------
Class 2
----------------------------------------------------------------------------------------------------------------
51st-53d........................ Joseph M. Carey... Nov. 15, 1890 Mar. 3, 1895 ......................
54th-71st....................... Francis E. Warren. Mar. 4, 1895 Mar. 3, 1931 Died Nov. 24, 1929.
71st............................ Patrick J. Dec. 5, 1929 Nov. 30, 1930 By gov., to fill vac.
Sullivan.
71st-74th....................... Robert D. Carey... Dec. 1, 1930 Jan. 2, 1937 ......................
75th-77th....................... Henry H. Schwartz. Jan. 3, 1937 Jan. 2, 1943 ......................
78th-80th....................... E. V. Robertson... Jan. 3, 1943 Jan. 2, 1949 ......................
81st-83d........................ Lester C. Hunt.... Jan. 3, 1949 Jan. 2, 1955 Died June 19, 1954.
83d............................. Edward D. Crippa.. June 24, 1954 Nov. 28, 1954 By gov., to fill vac.
83d-86th........................ Joseph C. Nov. 29, 1954 Jan. 2, 1961 ......................
O'Mahoney\5\.
87th-89th....................... John Joseph Jan. 3, 1961 Nov. 6, 1962 Do.
Hickey\6\.
87th-89th....................... Milward L. Simpson Nov. 7, 1962 Jan. 2, 1967 ......................
90th-95th....................... Clifford P. Hansen Jan. 3, 1967 Jan. 2, 1979 Res. Dec. 31, 1978.
96th-104th...................... Alan K. Simpson... Jan. 1, 1979 Jan. 2, 1997 By gov., to fill vac.
105th-107th..................... Michael B. Enzi... Jan. 3, 1997 Jan. 2, 2003
----------------------------------------------------------------------------------------------------------------
\1\Asahel C. Beckwith appointed by governor. Credentials presented to Senate Mar. 15, 1893, but did not qualify.
On July 11, 1893, Mr. Beckwith resigned.
\2\Vacancy from Mar. 4, 1893, to Jan. 23, 1895, because of failure of legislature to elect.
\3\Died Nov. 3, 1933. Vacancy from Nov. 4 to Dec. 31, 1933.
\4\Appointed Dec. 18, 1933, but continued to serve as First Assistant Postmaster General through Dec. 31, 1933.
\5\Elected Nov. 2, 1954, to fill vacancy in term ending Jan. 2, 1955, and to full term ending Jan. 2, 1961.
\6\Keith Thomson, who had been elected Nov. 8, 1960, to full term Jan. 3, 1961, to Jan. 2, 1967, died Dec. 9,
1960, prior to taking the oath of office.
Senat
e
Manua
l
Secti
on
[900]
____________________________________________________________
INDEX OF SENATORS OF THE UNITED STATES
____________________________________________________________
A
Abbott, Joseph C.; N.C................................ 864
Abdnor, James; S. Dak................................. 881
Abel, Hazel H.; Nebr.................................. 853
Abourezk, James; S. Dak............................... 880
Abraham, Spencer; Mich................................ 842
Adair, John; Ky....................................... 833
Adams, Alva B.; Colo.................................. 811
Adams, Brock; Wash.................................... 893
Adams, John Quincy; Mass.............................. 840
Adams, Robert H.; Miss................................ 847
Adams, Stephen; Miss.................................. 846
Aiken, George D.; Vt.................................. 889
Akaka, Daniel K.; Hawaii.............................. 820
Alcorn, James L.; Miss................................ 847
Aldrich, Nelson W.; R.I............................... 876
Alger, Russell A.; Mich............................... 843
Allard, Wayne; Colo................................... 810
Allee, James F.; Del.................................. 815
Allen, Henry J.; Kans................................. 831
Allen, James B.; Ala.................................. 801
Allen, John B.; Wash.................................. 892
Allen, Maryon Pittman; Ala............................ 801
Allen, Philip; R.I.................................... 877
Allen, William; Ohio.................................. 869
Allen, William V.; Nebr............................... 852
Allison, William B.; Iowa............................. 829
Allott, Gordon; Colo.................................. 810
Ames, Adelbert; Miss.................................. 846
Anderson, Alexander; Tenn............................. 883
Anderson, Clinton P.; N. Mex.......................... 861
Anderson, Joseph; Tenn..............................882, 883
Anderson, Wendell R.; Minn............................ 845
Andrews, Charles O.; Fla.............................. 816
Andrews, Mark; N. Dak................................. 867
Ankeny, Levi; Wash.................................... 893
Anthony, Henry B.; R.I................................ 877
Archer, William S.; Va................................ 891
Armstrong, David H.; Mo............................... 849
Armstrong, John; N.Y................................862, 863
Armstrong, William L.; Colo........................... 810
Arnold, Samuel G.; R.I................................ 876
Ashcroft, John; Mo.................................... 848
Ashley, Chester; Ark.................................. 806
Ashmun, Eli P.; Mass.................................. 840
Ashurst, Henry Fountain; Ariz......................... 804
Atchison, David R.; Mo................................ 849
Atherton, Charles G.; N.H...........................856, 857
Austin, Warren R.; Vt................................. 888
B
Bachman, Nathan L.; Tenn.............................. 883
Bacon, Augustus O.; Ga................................ 818
Badger, George E.; N.C................................ 865
Bagby, Arthur P.; Ala................................. 801
Bailey, James E.; Tenn................................ 882
Bailey, Joseph W.; Tex................................ 885
Bailey, Josiah W.; N.C................................ 864
Bailey, Theodorus; N.Y................................ 862
Baird, David; N.J..................................... 859
Baird, David, Jr.; N.J................................ 859
Baker, David J.; Ill.................................. 824
Baker, Edward D.; Oreg................................ 872
Baker, Howard H., Jr.; Tenn........................... 883
Baker, Lucien; Kans................................... 830
Baldwin, Abraham; Ga.................................. 818
Baldwin, Henry P.; Mich............................... 842
Baldwin, Raymond E.; Conn............................. 812
Baldwin, Roger S.; Conn............................... 812
Ball, Joseph H.; Minn................................. 845
Ball, L. Heisler; Del...............................814, 815
Bankhead, John H.; Ala................................ 800
Bankhead, John H., 2d; Ala............................ 800
Barbour, James C.; Va................................. 890
Barbour, John S., Jr.; Va............................. 891
Barbour, W. Warren; N.J.............................858, 859
Bard, Thomas R.; Calif................................ 808
Barkley, Alben W.; Ky...............................832, 833
Barnard, Isaac D.; Pa................................. 874
Barnum, William H.; Conn.............................. 813
Barnwell, Robert W.; S.C.............................. 878
Barrett, Frank A.; Wyo................................ 898
Barrow, Alexander; La................................. 834
Barrow, Pope; Ga...................................... 818
Barry, Alexander G.; Oreg............................. 873
Barry, William T.; Ky................................. 832
Bartlett, Dewey F.; Okla.............................. 870
Bartlett, E. L.; Alaska............................... 802
Barton, David; Mo..................................... 849
Bass, Ross; Tenn...................................... 883
Bassett, Richard; Del................................. 815
Bate, William B.; Tenn................................ 882
Bateman, Ephraim; N.J................................. 858
Bates, Isaac C.; Mass................................. 841
Bates, Martin W.; Del................................. 815
Baucus, Max; Mont..................................... 851
Bayard, James A., Jr.; Del............................ 814
Bayard, James A., Sr.; Del............................ 815
Bayard, Richard H.; Del............................... 814
Bayard, Thomas F., Jr.; Del........................... 814
Bayard, Thomas F., Sr.; Del........................... 814
Bayh, Birch; Ind...................................... 827
Bayh, Evan; Ind....................................... 984
Beall, J. Glenn; Md................................... 838
Beall, J. Glenn, Jr.; Md.............................. 838
Beck, James B.; Ky.................................... 832
Beckham, John C. W.; Ky............................... 833
Beckwith, Asahel C.; Wyo.\1\.......................... 898
\1\ Appointed by governor, but did not qualify.
Bell, Charles H.; N.H................................. 857
Bell, James; N.H...................................... 857
Bell, John; Tenn...................................... 883
Bell, Samuel; N.H..................................... 856
Bellmon, Henry; Okla.................................. 871
Bender, George H.; Ohio............................... 869
Benet, Christie; S.C.................................. 878
Benjamin, Judah P.; La................................ 834
Bennett, Robert F.; Utah.............................. 887
Bennett, Wallace F.; Utah............................. 887
Benson, Alfred W.; Kans............................... 830
Benson, Elmer A.; Minn................................ 845
Benton, Thomas H.; Mo................................. 848
Benton, William; Conn................................. 812
Bentsen, Lloyd M., Jr.; Tex........................... 884
Berrien, John M.; Ga................................818, 819
Berry, George L.; Tenn................................ 883
Berry, James H.; Ark.................................. 806
Betts, Thaddeus; Conn................................. 812
Beveridge, Albert J.; Ind............................. 826
Bibb, George M.; Ky................................... 832
Bibb, William W.; Ga.................................. 818
Bible, Alan; Nev...................................... 855
Biden, Joseph R., Jr.; Del............................ 815
Biggs, Asa; N.C....................................... 865
Bigler, William; Pa................................... 875
Bilbo, Theodore G.; Miss.............................. 846
Bingaman, Jeff; N. Mex................................ 860
Bingham, Hiram; Conn.................................. 813
Bingham, Kinsley S.; Mich............................. 843
Bingham, William; Pa.................................. 875
Black, Hugo; Ala...................................... 801
Black, John; Miss..................................... 846
Blackburn, Joseph C. S.; Ky.........................832, 833
Blaine, James G.; Maine............................... 837
Blaine, John J.; Wis.................................. 897
Blair, Francis P.; Mo................................. 849
Blair, Henry W.; N.H.................................. 857
Blakley, William A.; Tex............................884, 885
Blanchard, Newton C.; La.............................. 835
Blease, Coleman L.; S.C............................... 878
Bledsoe, Jesse; Ky.................................... 833
Blodgett, Rufus; N.J.................................. 858
Bloodworth, Timothy; N.C.............................. 865
Blount, William; Tenn................................. 883
Boardman, Elijah; Conn................................ 812
Boggs, J. Caleb; Del.................................. 815
Bogy, Lewis V.; Mo.................................... 849
Bond, Christopher S.; Mo.............................. 849
Bone, Homer T.; Wash.................................. 893
Booth, Newton; Calif.................................. 808
Borah, William E.; Idaho.............................. 822
Boreman, Arthur I.; W. Va............................. 894
Boren, David L.; Okla................................. 870
Borland, Solon; Ark................................... 807
Boschwitz, Rudy; Minn................................. 845
Bottum, Joe H.; S. Dak................................ 881
Bouligny, Dominique; La............................... 834
Bourne, Jonathan, Jr.; Oreg........................... 872
Boutwell, George S.; Mass............................. 841
Bowden, Lemuel L.; Va................................. 890
Bowen, Thomas M.; Colo................................ 810
Bowring, Eva; Nebr.................................... 853
Boxer, Barbara; Calif................................. 809
Bradbury, James W.; Maine............................. 837
Bradford, William; R.I................................ 877
Bradley, Bill; N.J.................................... 859
Bradley, Stephen R.; Vt............................... 889
Bradley, William O.; Ky............................... 833
Brady, James H.; Idaho................................ 823
Brady, Nicholas F.; N.J............................... 858
Bragg, Thomas; N.C.................................... 864
Brainerd, Lawrence; Vt................................ 889
Branch, John; N.C..................................... 864
Brandegee, Frank B.; Conn............................. 813
Bratton, Sam G.; N. Mex............................... 861
Breaux, John B.; La................................... 835
Breckinridge, John; Ky................................ 833
Breckinridge, John C.; Ky............................. 833
Breese, Sidney; Ill................................... 825
Brent, Richard; Va.................................... 890
Brewster, Daniel B.; Md............................... 839
Brewster, Ralph O.; Maine............................. 836
Brice, Calvin S.; Ohio................................ 869
Bricker, John W.; Ohio................................ 868
Bridges, Styles; N.H.................................. 856
Briggs, Frank O.; N.J................................. 859
Briggs, Frank P.; Mo.................................. 848
Bright, Jesse D.; Ind................................. 826
Bristow, Joseph L.; Kans.............................. 831
Brock, William E.; Tenn............................... 883
Brock, William E., III; Tenn.......................... 882
Broderick, David C.; Calif............................ 808
Brodhead, Richard; Pa................................. 874
Brooke, Edward W.; Mass............................... 841
Brooke, Walker; Miss.................................. 847
Brookhart, Smith W.; Iowa...........................828, 829
Brooks, C. Wayland; Ill............................... 824
Broughton, J. Melville; N.C........................... 864
Broussard, Edwin S.; La............................... 835
Broussard, Robert F.; La.............................. 835
Brown, Albert G.; Miss................................ 847
Brown, Arthur; Utah................................... 887
Brown, Bedford; N.C................................... 864
Brown, B. Gratz; Mo................................... 849
Brown, Ernest S.; Nev................................. 855
Brown, Ethan A.; Ohio................................. 869
Brown, Fred H.; N.H................................... 857
Brown, Hank; Colo..................................... 810
Brown, James; La....................................834, 835
Brown, John; Ky....................................... 832
Brown, Joseph E.; Ga.................................. 819
Brown, Norris; Nebr................................... 853
Brown, Prentiss M.; Mich.............................. 843
Brownback, Sam; Kans.................................. 831
Browning, Orville H.; Ill............................. 824
Brownlow, William G.; Tenn............................ 882
Broyhill, James T.; N.C............................... 865
Bruce, Blanche K.; Miss............................... 846
Bruce, William Cabell; Md............................. 838
Brunsdale, C. Norman; N. Dak.......................... 866
Bryan, Nathan P.; Fla................................. 816
Bryan, Richard H.; Nev................................ 854
Bryan, William J.; Fla................................ 817
Buchanan, James; Pa................................... 875
Buck, C. Douglass; Del................................ 815
Buckalew, Charles R.; Pa.............................. 874
Buckingham, William A.; Conn.......................... 812
Buckley, James L.; N.Y................................ 862
Buckner, Alexander; Mo................................ 849
Bulkeley, Morgan G.; Conn............................. 812
Bulkley, Robert J.; Ohio.............................. 869
Bulloch, William B.; Ga............................... 818
Bulow, William J.; S. Dak............................. 880
Bumpers, Dale; Ark.................................... 807
Bunker, Berkeley L.; Nev.............................. 854
Bunning, Jim; Ky...................................... 987
Burch, Thomas G.; Va.................................. 891
Burdick, Jocelyn B.; N. Dak........................... 866
Burdick, Quentin N.; N. Dak........................... 866
Burke, Edward R.; Nebr................................ 852
Burke, Thomas A.; Ohio................................ 869
Burkett, Elmer J.; Nebr............................... 852
Burleigh, Edwin C.; Maine............................. 837
Burnet, Jacob; Ohio................................... 869
Burnham, Henry E.; N.H................................ 856
Burns, Conrad; Mont................................... 850
Burnside, Ambrose E.; R.I............................. 876
Burr, Aaron; N.Y...................................... 862
Burrill, James, Jr.; R.I.............................. 877
Burrows, Julius C.; Mich.............................. 842
Bursum, Holm O.; N. Mex............................... 861
Burton, Harold H.; Ohio............................... 868
Burton, Joseph R.; Kans............................... 830
Burton, Theodore E.; Ohio............................. 869
Bush, Prescott; Conn.................................. 813
Bushfield, Harlan J.; S. Dak.......................... 880
Bushfield, Vera C.; S. Dak............................ 880
Butler, Andrew P.; S.C................................ 879
Butler, Hugh; Nebr.................................... 852
Butler, John M.; Md................................... 839
Butler, Marion; N.C................................... 864
Butler, Matthew C.; S.C............................... 878
Butler, Pierce; S.C.................................878, 879
Butler, William M.; Mass.............................. 840
Byrd, Harry Flood; Va................................. 890
Byrd, Harry Flood, Jr.; Va............................ 890
Byrd, Robert C.; W. Va................................ 894
Byrnes, James F.; S.C................................. 878
C
Cabot, George; Mass................................... 840
Caffery, Donelson; La................................. 834
Cain, Harry P.; Wash.................................. 892
Calder, William M.; N.Y............................... 862
Caldwell, Alexander; Kans............................. 830
Calhoun, John C.; S.C................................. 878
Call, Wilkinson; Fla.................................. 817
Camden, Johnson N.; W. Va...........................894, 895
Camden, Johnson N., Jr.; Ky........................... 833
Cameron, Angus; Wis.................................896, 897
Cameron, James D.; Pa................................. 875
Cameron, Ralph H.; Ariz............................... 805
Cameron, Simon; Pa..................................874, 875
Campbell, Alexander; Ohio............................. 869
Campbell, Ben Nighthorse; Colo........................ 811
Campbell, George W.; Tenn...........................882, 883
Cannon, Frank J.; Utah................................ 886
Cannon, Howard W.; Nev................................ 854
Capehart, Homer E.; Ind............................... 827
Caperton, Allen T.; W. Va............................. 894
Capper, Arthur; Kans.................................. 830
Caraway, Mrs. Hattie W.; Ark.......................... 807
Caraway, Thaddeus H.; Ark............................. 807
Carey, Joseph M.; Wyo................................. 899
Carey, Robert D.; Wyo................................. 899
Carlile, John S.; Va.................................. 891
Carlisle, John G.; Ky................................. 832
Carlson, Frank; Kans.................................. 831
Carmack, Edward W.; Tenn.............................. 883
Carpenter, Matthew H.; Wis..........................896, 897
Carroll, Charles, of Carrollton; Md................... 838
Carroll, John A.; Colo................................ 811
Carter, Thomas H.; Mont.............................850, 851
Carville, E. P.; Nev.................................. 854
Case, Clifford P.; N.J................................ 859
Case, Francis; S. Dak................................. 881
Casey, Lyman R.; N. Dak............................... 866
Cass, Lewis; Mich..................................... 842
Casserly, Eugene; Calif............................... 808
Cathcart, Charles W.; Ind............................. 827
Catron, Thomas B.; N. Mex............................. 860
Cattell, Alexander G.; N.J............................ 859
Chace, Jonathan; R.I.................................. 877
Chafee, John H.; R.I.................................. 876
Chafee, Lincoln D.; R.I............................... 876
Chaffee, Jerome B.; Colo.............................. 811
Chalmers, Joseph W.; Miss............................. 847
Chamberlain, George E.; Oreg.......................... 873
Chambers, Ezekiel F.; Md.............................. 837
Chambers, Henry H.; Ala............................... 801
Champlin, Christopher G.; R.I......................... 876
Chandler, Albert B.; Ky............................... 832
Chandler, John; Maine................................. 837
Chandler, William E.; N.H............................. 856
Chandler, Zachariah; Mich............................. 842
Chapman, Virgil; Ky................................... 832
Charlton, Robert M.; Ga............................... 818
Chase, Dudley; Vt..................................... 889
Chase, Salmon P.; Ohio................................ 869
Chavez, Dennis; N. Mex................................ 860
Cheney, Person C.; N.H................................ 856
Chesnut, James, Jr.; S.C.............................. 878
Chilcott, George M.; Colo............................. 810
Chiles, Lawton; Fla................................... 816
Chilton, Horace; Tex................................884, 885
Chilton, William E.; W. Va............................ 894
Chipman, Nathaniel; Vt................................ 888
Choate, Rufus; Mass................................... 840
Christiancy, Isaac P.; Mich........................... 842
Church, Frank; Idaho.................................. 823
Cilley, Joseph; N.H................................... 856
Claiborne, William C. C.; La.......................... 834
Clapp, Moses E.; Minn................................. 844
Clark, Bennett Champ; Mo.............................. 849
Clark, Clarence D.; Wyo............................... 898
Clark, D. Worth; Idaho................................ 823
Clark, Daniel; N.H.................................... 857
Clark, Dick; Iowa..................................... 828
Clark, Joseph S.; Pa.................................. 875
Clark, William A.; Mont.............................850, 851
Clarke, James P.; Ark................................. 807
Clarke, John H.; R.I.................................. 877
Clay, Alexander S.; Ga................................ 819
Clay, Clement Claiborne, Jr.; Ala..................... 800
Clay, Clement Comer; Ala.............................. 801
Clay, Henry; Ky.....................................832, 833
Clayton, Henry D.; Ala.\1\............................ 801
\1\ Appointed by governor, but withdrew.
Clayton, John M.; Del...............................814, 815
Clayton, Joshua; Del.................................. 815
Clayton, Powell; Ark.................................. 806
Clayton, Thomas; Del................................814, 815
Cleland, Max; Ga.........................................818
Clemens, Jeremiah; Ala................................ 800
Clements, Earle C.; Ky................................ 833
Clingman, Thomas L.; N.C.............................. 865
Clinton, De Witt; N.Y................................. 863
Coats, Dan; Ind....................................... 827
Cobb, Thomas W.; Ga................................... 818
Cochran, Thad; Miss................................... 848
Cocke, William; Tenn................................882, 883
Cockrell, Francis M.; Mo.............................. 848
Cohen, John S.; Ga.................................... 818
Cohen, William S.; Maine.............................. 837
Coke, Richard; Tex.................................... 883
Cole, Cornelius; Calif................................ 805
Colhoun, John E.; S.C................................. 873
Collamer, Jacob; Vt................................... 888
Collins, Susan M.; Maine.............................. 837
Colquitt, Alfred H.; Ga............................... 813
Colquitt, Walter T.; Ga............................... 818
Colt, LeBaron B.; R.I................................. 878
Comegys, Joseph P.; Del............................... 815
Comer, Braxton B.; Ala................................ 809
Condit, John; N.J...................................858, 859
Conger, Omar D.; Mich................................. 849
Conkling, Roscoe; N.Y................................. 868
Connally, Tom; Tex.................................... 889
Conness, John; Calif.................................. 807
Conover, Simon B.; Fla................................ 815
Conrad, Charles M.; La................................ 830
Conrad, Kent; N. Dak................................866, 867
Cook, Marlow W.; Ky................................... 839
Coolidge, Marcus A.; Mass............................. 842
Cooper, Henry; Tenn................................... 883
Cooper, James; Pa..................................... 874
Cooper, John S.; Ky................................... 838
Copeland, Royal S.; N.Y............................... 867
Corbett, Henry W.; Oreg............................... 875
Cordon, Guy; Oreg..................................... 872
Corwin, Thomas; Ohio.................................. 861
Costigan, Edward P.; Colo............................. 813
Cotton, Norris; N.H................................... 855
Couzens, James; Mich.................................. 843
Coverdell, Paul; GA................................... 819
Cowan, Edgar; Pa...................................... 875
Crafts, Samuel C.; Vt................................. 889
Cragin, Aaron H.; N.H................................. 856
Craig, Larry E.; Idaho................................ 822
Crane, Winthrop M.; Mass.............................. 841
Cranston, Alan; Calif................................. 809
Crapo, Mike; Idaho.................................... 982
Crawford, Coe I.; S. Dak.............................. 881
Crawford, William H.; Ga.............................. 818
Creswell, John A. J.; Md.............................. 839
Crippa, Edward D.; Wyo................................ 899
Crittenden, John J.; Ky.............................832, 833
Crow, William E.; Pa.................................. 874
Crozier, Robert; Kans................................. 830
Culberson, Charles A.; Tex............................ 884
Cullom, Shelby M.; Ill................................ 824
Culver, John C.; Iowa................................. 829
Cummins, Albert B.; Iowa.............................. 829
Curtis, Carl T.; Nebr................................. 853
Curtis, Charles; Kans...............................830, 831
Cuthbert, Alfred; Ga.................................. 819
Cutting, Bronson; N. Mex.............................. 860
Cutts, Charles; N.H................................... 857
D
Daggett, David; Conn.................................. 813
Dale, Porter H.; Vt................................... 889
Dallas, George M.; Pa................................. 874
Dalton, Tristram; Mass................................ 840
D'Amato, Alfonse M.; N.Y.............................. 863
Dana, Judah; Maine.................................... 836
Dana, Samuel W.; Conn................................. 812
Danaher, John A.; Conn................................ 813
Danforth, John C.; Mo................................. 848
Daniel, Charles E.; S.C............................... 878
Daniel, John W.; Va................................... 890
Daniel, Price; Tex.................................... 884
Darby, Harry; Kans.................................... 831
Daschle, Thomas A.; S. Dak............................ 881
Davenport, Franklin; N.J.............................. 858
Davis, Cushman K.; Minn............................... 844
Davis, David; Ill..................................... 824
Davis, Garrett; Ky.................................... 833
Davis, Henry G.; W. Va................................ 895
Davis, James J.; Pa................................... 875
Davis, Jeff; Ark...................................... 806
Davis, Jefferson; Miss................................ 846
Davis, John; Mass..................................... 841
Dawes, Henry L.; Mass................................. 840
Dawson, William C.; Ga................................ 819
Dayton, Jonathan; N.J................................. 859
Dayton, William L.; N.J............................... 858
Deboe, William J.; Ky................................. 833
DeConcini, Dennis; Ariz............................... 804
Deneen, Charles S.; Ill............................... 824
Dennis, George R.; Md................................. 839
Denton, Jeremiah; Ala................................. 801
Depew, Chauncey M.; N.Y............................... 862
DeSaussure, William F.; S.C........................... 878
Destrehan, John N.; La.\1\............................ 834
\1\ Elected, but did not qualify.
DeWine, Mike; Ohio.................................... 868
De Wolf, James; R.I................................... 876
Dexter, Samuel; Mass.................................. 841
Dial, Nathaniel B.; S.C............................... 878
Dick, Charles W. F.; Ohio............................. 868
Dickerson, Mahlon; N.J..............................858, 859
Dickinson, Daniel S.; N.Y............................. 862
Dickinson, L. J.; Iowa................................ 828
Dickinson, Philemon; N.J.............................. 859
Dieterich, William H.; Ill............................ 825
Dietrich, Charles H.; Nebr............................ 852
Dill, Clarence C.; Wash............................... 892
Dillingham, William P.; Vt............................ 889
Dirksen, Everett M.; Ill.............................. 825
Dix, John A.; N.Y..................................... 863
Dixon, Alan J.; Ill................................... 825
Dixon, Archibald; Ky.................................. 833
Dixon, James; Conn.................................... 812
Dixon, Joseph M.; Mont................................ 851
Dixon, Nathan F., 1st; R.I............................ 876
Dixon, Nathan F., 3d; R.I............................. 877
Dodd, Christopher J.; Conn............................ 813
Dodd, Thomas J.; Conn................................. 812
Dodge, Augustus C.; Iowa.............................. 829
Dodge, Henry; Wis..................................... 896
Dole, Robert; Kans.................................... 831
Dolliver, Jonathan P.; Iowa........................... 828
Dolph, Joseph N.; Oreg................................ 872
Domenici, Pete V.; N. Mex............................. 861
Dominick, Peter H.; Colo.............................. 811
Donahey, Vic; Ohio.................................... 868
Donnell, Forrest C.; Mo............................... 849
Doolittle, James R.; Wis.............................. 896
Dorgan, Byron L.; ND.................................. 867
Dorsey, Stephen W.; Ark............................... 807
Douglas, Paul H.; Ill................................. 824
Douglas, Stephen A.; Ill.............................. 824
Downey, Sheridan; Calif............................... 809
Downs, Solomon W.; La................................. 834
Doxey, Wall; Miss..................................... 847
Drake, Charles D.; Mo................................. 849
Drew, Irving W.; N.H.................................. 857
Dryden, John F.; N.J.................................. 859
Dubois, Fred T.; Idaho..............................822, 823
Dudley, Charles E.; N.Y............................... 862
Duff, James H.; Pa.................................... 875
Duffy, F. Ryan; Wis................................... 897
Dulles, John Foster; N.Y.............................. 863
du Pont, Henry A.; Del................................ 814
du Pont, T. Coleman; Del............................814, 815
Durbin, Richard J.; Ill............................... 824
Durenberger, David; Minn.............................. 844
Durkee, Charles; Wis.................................. 897
Durkin, John A., N.H.................................. 857
Dworshak, Henry C.; Idaho............................. 822
E
Eagleton, Thomas F.; Mo............................... 849
Earle, Joseph H.; S.C................................. 897
East, John P.; N.C.................................... 865
Eastland, James O.; Miss.............................. 847
Eaton, John H.; Tenn.................................. 882
Eaton, William W.; Conn............................... 812
Ecton, Zales N.; Mont................................. 850
Edge, Walter E.; N.J.................................. 859
Edgerton, Alonzo J.; Minn............................. 845
Edmondson, J. Howard; Okla............................ 870
Edmunds, George F.; Vt................................ 888
Edwards, Edward I.; N.J............................... 858
Edwards, Elaine S.; La................................ 834
Edwards, Henry W.; Conn............................... 812
Edwards, John; Ky..................................... 833
Edwards, John; N.C.................................... 1003
Edwards, Ninian; Ill.................................. 825
Elkins, Davis; W. Va.................................. 895
Elkins, Stephen B.; W. Va............................. 895
Ellender, Allen J.; La................................ 834
Ellery, Christopher; R.I.............................. 877
Elliott, John; Ga..................................... 819
Ellis, Powhatan; Miss................................. 846
Ellsworth, Oliver; Conn............................... 812
Elmer, Jonathan; N.J.................................. 858
Elmore, Franklin H.; S.C.............................. 878
Engle, Clair; Calif................................... 808
English, James E.; Conn............................... 813
Enzi, Michael B; Wyo.................................. 899
Eppes, John W.; Va.................................... 891
Erickson, John E.; Mont............................... 851
Ernst, Richard P.; Ky................................. 833
Ervin, Sam J., Jr.; N.C............................... 865
Eustis, James B.; La.................................. 835
Evans, Daniel J.; Wash................................ 892
Evans, George; Maine.................................. 837
Evans, Josiah J.; S.C................................. 878
Evarts, William M.; N.Y............................... 863
Everett, Edward; Mass................................. 841
Ewing, Thomas; Ohio.................................868, 869
Ewing, William L. D.; Ill............................. 825
Exon, J. J.; Nebr..................................... 853
F
Fair, James G.; Nev................................... 854
Fairbanks, Charles W.; Ind............................ 827
Faircloth, Lauch; N.C................................. 865
Fairfield, John; Maine................................ 836
Fall, Albert B.; N. Mex............................... 861
Fannin, Paul J.; Ariz................................. 804
Farley, James T.; Calif............................... 809
Farwell, Charles B.; Ill.............................. 825
Farwell, Nathan A.; Maine............................. 837
Faulkner, Charles J.; W. Va........................... 894
Feazel, William C.; La................................ 835
Feingold, Russell D.; WI.............................. 897
Feinstein, Dianne; Calif.............................. 808
Felch, Alpheus; Mich.................................. 843
Felton, Charles N.; Calif............................. 808
Felton, Mrs. Rebecca L.; Ga........................... 819
Fenner, James; R.I.................................... 877
Fenton, Reuben E.; N.Y................................ 862
Ferguson, Homer; Mich................................. 843
Fernald, Bert M.; Maine............................... 837
Ferris, Woodbridge N.; Mich........................... 842
Ferry, Orris S.; Conn................................. 813
Ferry, Thomas W.; Mich................................ 843
Fess, Simeon D.; Ohio................................. 868
Fessenden, William P.; Maine.......................... 837
Few, William; Ga...................................... 818
Field, Richard S.; N.J................................ 858
Findlay, William; Pa.................................. 874
Finley, Jesse J.; Fla.\1\............................. 816
\1\ Appointed by governor, but did not qualify.
Fish, Hamilton; N.Y................................... 862
Fisk, James; Vt....................................... 889
Fitch, Graham N.; Ind................................. 827
Fitzgerald, Peter G.; Ill............................. 983
Fitzgerald, Thomas; Mich.............................. 842
Fitzpatrick, Benjamin; Ala..........................800, 801
Flanagan, James W.; Tex............................... 884
Flanders, Ralph E.; Vt................................ 888
Fletcher, Duncan U.; Fla.............................. 817
Flint, Frank P.; Calif................................ 808
Fogg, George G.; N.H.................................. 857
Fong, Hiram L.; Hawaii................................ 820
Foot, Samuel A.; Conn................................. 812
Foot, Solomon; Vt..................................... 888
Foote, Henry S.; Miss................................. 847
Foraker, Joseph B.; Ohio.............................. 869
Ford, Wendell H.; Ky.................................. 833
Forsyth, John; Ga...................................818, 819
Foster, Addison G.; Wash.............................. 892
Foster, Dwight; Mass.................................. 841
Foster, Ephraim III; Tenn............................. 882
Foster, Henry A.; N.Y................................. 863
Foster, Lafayette S.; Conn............................ 813
Foster, Murphy J.; La................................. 834
Foster, Theodore; R.I................................. 876
Fowler, Joseph S.; Tenn............................... 883
Fowler, Wyche, Jr.; Ga................................ 819
Frahm, Sheila; Kans................................... 831
France, Joseph I.; Md................................. 838
Francis, John B.; R.I................................. 876
Franklin, Jesse; N.C................................864, 865
Frazier, James B.; Tenn............................... 882
Frazier, Lynn J.; N. Dak.............................. 866
Frear, J. Allen, Jr.; Del............................. 815
Frelinghuysen, Frederick; N.J......................... 859
Frelinghuysen, Frederick T.; N.J....................858, 859
Frelinghuysen, Joseph S.; N.J......................... 858
Frelinghuysen, Theodore; N.J.......................... 859
Fremont, John C.; Calif............................... 808
Frist, William H.; Tenn............................... 882
Fromentin, Eligius; La................................ 835
Frye, William P.; Maine............................... 837
Fulbright, J. William; Ark............................ 807
Fulton, Charles W.; Oreg.............................. 873
Fulton, William S.; Ark............................... 806
G
Gaillard, John; S.C................................... 879
Gallatin, Albert; Pa.................................. 874
Gallinger, Jacob H.; N.H.............................. 857
Gamble, Robert J.; S. Dak............................. 880
Gambrell, David H.; Ga................................ 818
Gardner, Obadiah; Maine............................... 837
Garland, Augustus H.; Ark............................. 806
Garn, E. J. ``Jake''; Utah............................ 887
Gary, Frank B.; S.C................................... 879
Gay, Edward J.; La.................................... 835
Gear, John H.; Iowa................................... 828
Gearin, John M.; Oreg................................. 872
George, James Z.; Miss................................ 846
George, Walter F.; Ga................................. 819
German, Obadiah; N.Y.................................. 862
Gerry, Peter G.; R.I.................................. 876
Geyer, Henry S.; Mo................................... 848
Gibson, Charles H.; Md................................ 839
Gibson, Ernest W.; Vt................................. 889
Gibson, Ernest W., Jr.; Vt............................ 889
Gibson, Paris; Mont................................... 850
Gibson, Randall L.; La................................ 834
Gilbert, Abijah; Fla.................................. 816
Giles, William B.; Va...............................890, 891
Gillett, Frederick H.; Mass........................... 841
Gillette, Francis; Conn............................... 813
Gillette, Guy M.; Iowa..............................828, 829
Gilman, Nicholas; N.H................................. 856
Glass, Carter; Va..................................... 891
Glass, Frank P.; Ala.\1\.............................. 801
\1\ Appointed by governor, but did not qualify.
Glenn, John H.; Ohio.................................. 869
Glenn, Otis F.; Ill................................... 825
Goff, Guy D.; W. Va................................... 895
Goff, Nathan; W. Va................................... 895
Goldsborough, Phillips L.; Md......................... 838
Goldsborough, Robert H.; Md........................... 839
Goldthwaite, George; Ala.............................. 800
Goldwater, Barry; Ariz..............................804, 805
Goodell, Charles E.; N.Y.............................. 863
Goodhue, Benjamin; Mass............................... 840
Gooding, Frank R.; Idaho.............................. 823
Goodrich, Chauncey; Conn.............................. 813
Gordon, James; Miss................................... 847
Gordon, John B.; Ga................................... 819
Gore, Albert; Tenn.................................... 882
Gore, Albert Jr.; Tenn................................ 883
Gore, Christopher; Mass............................... 840
Gore, Thomas P.; Okla...............................870, 871
Gorman, Arthur P.; Md...............................838, 839
Gorton, Slade; Wash.................................892, 893
Gossett, Charles C.; Idaho............................ 822
Gould, Arthur R.; Maine............................... 837
Graham, Bob; Fla...................................... 817
Graham, Frank P.; N.C................................. 864
Graham, William A.; N.C............................... 865
Gramm, Wm. Philip; Tex................................ 885
Grammer, Elijah S.; Wash.............................. 893
Grams, Rod; Minn...................................... 844
Grassley, Charles E.; Iowa............................ 829
Gravel, Mike; Alaska.................................. 803
Graves, Mrs. Dixie Bibb; Ala.......................... 801
Gray, George; Del..................................... 814
Grayson, William; Va.................................. 890
Green, James S.; Mo................................... 849
Green, Theodore F.; R.I............................... 877
Greene, Albert C.; R.I................................ 876
Greene, Frank L.; Vt.................................. 888
Greene, Ray; R.I...................................... 877
Gregg, Andrew; Pa..................................... 875
Gregg, Judd; N.H...................................... 857
Griffin, Robert P.; Mich.............................. 843
Grimes, James W.; Iowa................................ 828
Griswold, Dwight; Nebr................................ 853
Griswold, Stanley; Ohio............................... 869
Gronna, Asle J.; N. Dak............................... 867
Groome, James B.; Md.................................. 839
Grover, La Fayette; Oreg.............................. 872
Gruening, Ernest; Alaska.............................. 803
Grundy, Felix; Tenn................................... 882
Grundy, Joseph R.; Pa................................. 875
Guffey, Joseph F.; Pa................................. 874
Guggenheim, Simon; Colo............................... 810
Guion, Walter; La..................................... 835
Gunn, James; Ga....................................... 819
Gurney, Edward J.; Fla................................ 817
Gurney, J. Chandler; S. Dak........................... 881
Guthrie, James; Ky.................................... 832
Gwin, William M.; Calif............................... 809
H
Hagel, Chuck; Nebr.................................... 853
Hager, John S.; Calif................................. 808
Hale, Eugene; Maine................................... 836
Hale, Frederick; Maine................................ 836
Hale, John P.; N.H.................................... 856
Hall, Wilton E.; S.C.................................. 879
Hamilton, Morgan C.; Tex.............................. 885
Hamilton, William T.; Md.............................. 838
Hamlin, Hannibal; Maine............................... 836
Hammond, James H.; S.C................................ 879
Hampton, Wade; S.C.................................... 879
Hanna, Marcus A.; Ohio................................ 868
Hanna, Robert; Ind.................................... 826
Hannegan, Edward A.; Ind.............................. 827
Hansbrough, Henry C.; N. Dak.......................... 867
Hansen, Clifford P.; Wyo.............................. 899
Hanson, Alexander C.; Md.............................. 838
Hardin, Martin D.; Ky................................. 832
Harding, Benjamin F.; Oreg............................ 872
Harding, Warren G.; Ohio.............................. 869
Hardwick, Thomas W.; Ga............................... 818
Harkin, Thomas R; Iowa................................ 828
Harlan, James; Iowa................................... 829
Harper, Robert G.; Md................................. 838
Harper, William; S.C.................................. 879
Harreld, John W.; Okla................................ 871
Harris, Fred R.; Okla................................. 870
Harris, Ira; N.Y...................................... 863
Harris, Isham G.; Tenn................................ 883
Harris, John S.; La................................... 834
Harris, William A.; Kans.............................. 831
Harris, William J.; Ga................................ 818
Harrison, Benjamin; Ind............................... 826
Harrison, Pat; Miss................................... 847
Harrison, William H.; Ohio............................ 869
Hart, Gary W.; Colo................................... 811
Hart, Philip A.; Mich................................. 842
Hart, Thomas C.; Conn................................. 812
Hartke, Vance; Ind.................................... 826
Harvey, James M.; Kans................................ 830
Haskell, Floyd K.; Colo............................... 810
Hastings, Daniel O.; Del.............................. 815
Hatch, Carl A.; N. Mex................................ 861
Hatch, Orrin G.; Utah................................. 886
Hatfield, Henry D.; W. Va............................. 894
Hatfield, Mark O.; Oreg............................... 872
Hatfield, Paul G.; Mont............................... 851
Hathaway, William D.; Maine........................... 837
Haun, Henry P.; Calif................................. 808
Hawes, Harry B.; Mo................................... 849
Hawkes, Albert W.; N.J................................ 859
Hawkins, Benjamin; N.C................................ 865
Hawkins, Paula; Fla................................... 817
Hawley, Joseph R.; Conn............................... 812
Hayden, Carl; Ariz.................................... 805
Hayakawa, S. I.; Calif................................ 808
Hayne, Arthur P.; S.C................................. 878
Hayne, Robert Y.; S.C................................. 878
Hayward, Monroe L.; Nebr.............................. 852
Haywood, William H.; N.C.............................. 865
Hearst, George; Calif................................. 808
Hebert, Felix; R.I.................................... 876
Hecht, Chic; Nev...................................... 854
Heflin, Howell; Ala................................... 800
Heflin, J. Thomas; Ala................................ 800
Heinz, H. John, III; Pa............................... 874
Heiskell, John N.; Ark................................ 806
Heitfeld, Henry; Idaho................................ 823
Helms, Jesse; N.C..................................... 864
Hemenway, James A.; Ind............................... 827
Hemphill, John; Tex................................... 885
Henderson, Charles B.; Nev............................ 855
Henderson, J. Pinckney; Tex........................... 884
Henderson, John; Miss................................. 846
Henderson, John B.; Mo................................ 848
Hendricks, Thomas A.; Ind............................. 826
Hendricks, William; Ind............................... 827
Hendrickson, Robert C.; N.J........................... 859
Hennings, Thomas C., Jr.; Mo.......................... 849
Henry, John; Md....................................... 839
Hereford, Frank; W. Va................................ 894
Herring, Clyde L.; Iowa............................... 828
Heyburn, Weldon B.; Idaho............................. 823
Hickenlooper, Bourke B.; Iowa......................... 829
Hickey, John Joseph; Wyo.............................. 899
Hicks, Thomas H.; Md.................................. 839
Higgins, Anthony; Del................................. 815
Hill, Benjamin H.; Ga................................. 818
Hill, David B.; N.Y................................... 863
Hill, Isaac; N.H...................................... 857
Hill, Joshua; Ga...................................... 819
Hill, Lister; Ala..................................... 801
Hill, Nathaniel P.; Colo.............................. 811
Hill, William L.; Fla................................. 817
Hillhouse, James; Conn................................ 812
Hindman, William; Md.................................. 839
Hiscock, Frank; N.Y................................... 862
Hitchcock, Gilbert M.; Nebr........................... 852
Hitchcock, Herbert E.; S. Dak......................... 881
Hitchcock, Phineas W.; Nebr........................... 853
Hoar, George F.; Mass................................. 841
Hobart, John S.; N.Y.................................. 862
Hoblitzell, John D., Jr.; W. Va....................... 895
Hodges, Kaneaster, Jr.; Ark........................... 806
Hoey, Clyde R.; N.C................................... 865
Holland, Spessard L.; Fla............................. 816
Hollings, Ernest F.; S.C.............................. 879
Hollis, Henry F.; N.H................................. 856
Holman, Rufus C.; Oreg................................ 873
Holmes, David; Miss................................... 846
Holmes, John; Maine................................... 836
Holt, Rush D., W. Va.................................. 894
Hopkins, Albert J.; Ill............................... 825
Horsey, Outerbridge; Del.............................. 814
Houston, Andrew Jackson; Tex.......................... 885
Houston, George S.; Ala............................... 801
Houston, Sam; Tex..................................... 885
Howard, Guy V.; Minn.................................. 845
Howard, Jacob M.; Mich................................ 843
Howard, John E.; Md................................... 838
Howe, Timothy O.; Wis................................. 897
Howell, James B.; Iowa................................ 828
Howell, Jeremiah B.; R.I.............................. 877
Howell, Robert B.; Nebr............................... 852
Howland, Benjamin; R.I................................ 876
Hruska, Roman L.; Nebr................................ 852
Hubbard, Henry; N.H................................... 856
Huddleston, Walter D.; Ky............................. 832
Huffman, James W.; Ohio............................... 868
Huger, Daniel E.; S.C................................. 878
Hughes, Charles J., Jr.; Colo......................... 811
Hughes, Harold E.; Iowa............................... 829
Hughes, James H.; Del................................. 815
Hughes, William; N.J.................................. 859
Hull, Cordell; Tenn................................... 883
Humphrey, Gordon J.; N.H.............................. 857
Humphrey, Hubert H.; Minn...........................844, 845
Humphrey, Muriel; Minn................................ 844
Humphreys, Robert; Ky................................. 832
Hunt, Lester C.; Wyo.................................. 899
Hunter, John; S.C..................................... 878
Hunter, Richard C.; Nebr.............................. 852
Hunter, Robert M. T.; Va.............................. 891
Hunter, William; R.I.................................. 876
Huntington, Jabez W.; Conn............................ 812
Hunton, Eppa; Va...................................... 891
Husting, Paul O.; Wis................................. 897
Hutchinson, Tim; Ark.................................. 806
Hutchison, Kay B.; Tex................................ 884
I
Ingalls, John J.; Kans................................ 831
Inhofe, James M.; Okla................................ 870
Inouye, Daniel K.; Hawaii............................. 820
Irby, John L. M.; S.C................................. 879
Iredell, James; N.C................................... 865
Iverson, Alfred; Ga................................... 819
Ives, Irving M.; N.Y.................................. 862
Izard, Ralph; S.C..................................... 879
J
Jackson, Andrew; Tenn...............................882, 883
Jackson, Henry M.; Wash............................... 892
Jackson, Howell E.; Tenn.............................. 882
Jackson, James; Ga..................................818, 819
Jackson, Samuel D.; Ind............................... 827
Jackson, William P.; Md............................... 838
James, Charles T.; R.I................................ 876
James, Ollie M.; Ky................................... 832
Jarnagin, Spencer; Tenn............................... 883
Jarvis, Thomas J.; N.C................................ 865
Javits, Jacob K.; N.Y................................. 863
Jeffords, James M.; Vt................................ 888
Jenner, William E.; Ind.............................826, 827
Jenness, Benning W.; N.H.............................. 856
Jepsen, Roger W.; Iowa................................ 828
Jewett, Daniel T.; Mo................................. 849
Johnson, Andrew; Tenn................................. 882
Johnson, Charles F.; Maine............................ 836
Johnson, Edwin C.; Colo............................... 810
Johnson, Edwin S.; S. Dak............................. 881
Johnson, Henry; La..................................834, 835
Johnson, Herschel V.; Ga.............................. 819
Johnson, Hiram W.; Calif.............................. 808
Johnson, Lyndon B.; Tex............................... 885
Johnson, Magnus; Minn................................. 845
Johnson, Martin N.; N. Dak............................ 867
Johnson, Reverdy; Md.................................. 838
Johnson, Richard M.; Ky............................... 832
Johnson, Robert W.; Ark............................... 807
Johnson, Tim; S. Dak.................................. 880
Johnson, Waldo P.; Mo................................. 849
Johnson, William S.; Conn............................. 813
Johnston, J. Bennett; La.............................. 834
Johnston, John W.; Va................................. 891
Johnston, Joseph F.; Ala.............................. 801
Johnston, Josiah S.; La............................... 835
Johnston, Olin D.; S.C................................ 879
Johnston, Rienzi M.; Tex.............................. 885
Johnston, Samuel; N.C................................. 864
Jonas, Benjamin F.; La................................ 835
Jones, Andrieus A.; N. Mex............................ 860
Jones, Charles W.; Fla................................ 816
Jones, George; Ga..................................... 818
Jones, George W.; Iowa................................ 828
Jones, James C.; Tenn................................. 882
Jones, James K.; Ark.................................. 807
Jones, John P.; Nev................................... 855
Jones, Wesley L.; Wash................................ 893
Jordan, B. Everett; N.C............................... 864
Jordan, Len B.; Idaho................................. 822
K
Kane, Elias K.; Ill................................... 825
Karnes, David K.; Nebr................................ 852
Kassebaum, Nancy Landon; Kans......................... 830
Kasten, Robert W., Jr.; Wis........................... 897
Kavanaugh, William M.; Ark............................ 806
Kean, Hamilton F.; N.J................................ 858
Kean, John; N.J....................................... 858
Kearns, Thomas; Utah.................................. 886
Keating, Kenneth B.; N.Y.............................. 862
Kefauver, Estes; Tenn................................. 883
Kellogg, Frank B.; Minn............................... 844
Kellogg, William P.; La.............................834, 835
Kelly, James K.; Oreg................................. 872
Kelly, William; Ala................................... 801
Kem, James P.; Mo..................................... 848
Kempthorne, Dirk; Idaho............................... 823
Kendrick, John B.; Wyo................................ 898
Kenna, John E.; W. Va................................. 895
Kennedy, Anthony; Md.................................. 838
Kennedy, Edward M.; Mass.............................. 840
Kennedy, John F.; Mass................................ 840
Kennedy, Robert F.; N.Y............................... 862
Kenny, Richard R.; Del................................ 815
Kent, Joseph; Md...................................... 838
Kenyon, William S.; Iowa.............................. 828
Kern, John W.; Ind.................................... 826
Kernan, Francis; N.Y.................................. 862
Kerr, John L.; Md..................................... 839
Kerr, Joseph; Ohio.................................... 868
Kerr, Robert S.; Okla................................. 870
Kerrey, J. Robert; Nebr............................... 852
Kerry, John F.; Mass.................................. 841
Key, David M.; Tenn................................... 882
Keyes, Henry W.; N.H.................................. 856
Kilgore, Harley M.; W. Va............................. 894
King, John P.; Ga..................................... 818
King, Preston; N.Y.................................... 862
King, Rufus; N.Y...................................... 863
King, William H.; Utah................................ 886
King, William R.; Ala...............................800, 801
Kirby, William F.; Ark................................ 807
Kirkwood, Samuel J.; Iowa...........................828, 829
Kitchell, Aaron; N.J.................................. 859
Kittredge, Alfred B.; S. Dak.......................... 881
Knight, Nehemiah R.; R.I.............................. 877
Knowland, William F.; Calif........................... 808
Knox, Philander C.; Pa................................ 874
Kohl, Herbert; Wisc................................... 896
Krueger, Bob; Tex..................................... 884
Kuchel, Thomas H.; Calif.............................. 809
Kyl, Jon; Ariz........................................ 804
Kyle, James H.; S. Dak................................ 881
L
Lacock, Abner; Pa..................................... 875
Ladd, Edwin F.; N. Dak................................ 867
La Follette, Robert M.; Wis........................... 896
La Follette, Robert M., Jr.; Wis...................... 896
Laird, William R., III; W. Va......................... 894
Lamar, Lucius Q. C.; Miss............................. 847
Lambert, John; N.J.................................... 858
Landrieu, Mary L.; La................................. 834
Lane, Harry; Oreg..................................... 872
Lane, Henry S.; Ind................................... 827
Lane, James H.; Kans.................................. 830
Lane, Joseph; Oreg.................................... 873
Langdon, John; N.H.................................... 857
Langer, William; N. Dak............................... 866
Lanman, James; Conn................................... 813
Lapham, Elbridge G.; N.Y.............................. 863
Larrazolo, Octaviano A.; N. Mex....................... 860
Latham, Milton S.; Calif.............................. 808
Latimer, Asbury C.; S.C............................... 879
Latimer, Henry; Del................................... 814
Laurance, John; N.Y................................... 863
Lausche, Frank J.; Ohio............................... 869
Lautenberg, Frank R.; N.J............................. 858
Laxalt, Paul; Nev..................................... 855
Lea, Luke; Tenn....................................... 882
Leahy, Edward L.; R.I................................. 876
Leahy, Patrick J.; Vt................................. 889
Leake, Walter; Miss................................... 846
Lee, Blair; Md........................................ 838
Lee, Josh; Okla....................................... 870
Lee, Richard H.; Va................................... 891
Lehman, Herbert H.; N.Y............................... 863
Leib, Michael; Pa..................................... 874
Leigh, Benjamin W.; Va................................ 891
Lennon, Alton A.; N.C................................. 864
Lenroot, Irvine L.; Wis............................... 897
Levin, Carl; Mich..................................... 843
Lewis, Dixon H.; Ala.................................. 800
Lewis, James Hamilton; Ill............................ 824
Lewis, John F.; Va.................................... 890
Lieberman, Joseph I.; Conn............................ 813
Lincoln, Blanche L.; Ark.............................. 975
Lindsay, William; Ky.................................. 832
Linn, Lewis F.; Mo.................................... 849
Lippitt, Henry F.; R.I................................ 876
Livermore, Samuel; N.H................................ 856
Livingston, Edward; La................................ 834
Lloyd, Edward; Md..................................... 839
Lloyd, James; Md...................................... 839
Lloyd, James; Mass..................................840, 841
Locher, Cyrus; Ohio................................... 869
Locke, Francis; N.C................................... 865
Lodge, Henry Cabot; Mass ............................. 840
Lodge, Henry Cabot, Jr.; Mass ......................840, 841
Loftin, Scott M.; Fla................................. 816
Logan, George; Pa..................................... 875
Logan, John A.; Ill.................................824, 825
Logan, Marvel M.; Ky.................................. 832
Logan, William; Ky.................................... 833
Lonergan, Augustine; Conn............................. 813
Long, Chester I.; Kans................................ 831
Long, Edward V.; Mo................................... 849
Long, Huey P.; La..................................... 834
Long, Oren E.; Hawaii................................. 821
Long, Rose McConnell; La.............................. 834
Long, Russell B.; La.................................. 835
Lorimer, William; Ill................................. 825
Lott, Trent; Miss..................................... 846
Lowrie, Walter; Pa.................................... 875
Lucas, Scott W.; Ill.................................. 825
Lugar, Richard G.; Ind................................ 826
Lumpkin, Alva M.; S.C................................. 878
Lumpkin, Wilson; Ga................................... 818
Lundeen, Ernest; Minn................................. 845
Lusk, Hall S.; Oreg................................... 872
Lyon, Lucius; Mich.................................... 842
M
Machen, Willis B.; Ky................................. 833
Mack, Connie; Fla..................................... 816
Maclay, Samuel; Pa.................................... 874
Maclay, William; Pa................................... 874
Macon, Nathaniel; N.C................................. 865
Magnuson, Warren G.; Wash............................. 893
Magruder, Allan B.; La................................ 835
Mahone, William; Va................................... 890
Malbone, Francis; R.I................................. 876
Mallory, Stephen R.; Fla.............................. 816
Mallory, Stephen R.; Fla.............................. 817
Malone, George W.; Nev................................ 854
Maloney, Francis; Conn................................ 812
Manderson, Charles F.; Nebr........................... 853
Mangum, Willie P.; N.C..............................864, 865
Mansfield, Mike; Mont................................. 850
Mantle, Lee; Mont..................................... 850
Marcy, William L.; N.Y................................ 863
Marks, William; Pa.................................... 875
Marshall, Humphrey; Ky................................ 833
Marston, Gilman; N.H.................................. 856
Martin, Alexander; N.C................................ 864
Martin, Edward; Pa.................................... 874
Martin, George B.; Ky................................. 832
Martin, John; Kans.................................... 830
Martin, Thomas E.; Iowa............................... 828
Martin, Thomas S.; Va................................. 891
Martine, James E.; N.J................................ 858
Mason, Armistead T.; Va............................... 891
Mason, James M.; Va................................... 890
Mason, Jeremiah; N.H.................................. 857
Mason, Jonathan; Mass................................. 840
Mason, Stevens T.; Va................................. 890
Mason, William E.; Ill................................ 825
Massey, William A.; Nev............................... 854
Mathews, Harlan; TN................................... 883
Mathewson, Elisha; R.I................................ 877
Mathias, Charles McC., Jr.; Md........................ 839
Matsunaga, Spark M.; Hawaii........................... 820
Matthews, Stanley; Ohio............................... 869
Mattingly, Mack; Ga................................... 819
Maxey, Samuel B.; Tex................................. 884
Maybank, Burnet R.; S.C............................... 878
Mayfield, Earle B.; Tex............................... 884
McAdoo, William Gibbs; Calif.......................... 809
McBride, George W.; Oreg.............................. 872
McCain, John S., III; Ariz............................ 805
McCarran, Patrick A.; Nev............................. 855
McCarthy, Eugene J.; Minn............................. 844
McCarthy, Joseph R.; Wis.............................. 896
McClellan, John L.; Ark............................... 806
McClure, James A.; Idaho.............................. 822
McComas, Louis E.; Md................................. 838
McConnell, Mitch; Ky.................................. 832
McConnell, William J.; Idaho.......................... 823
McCormick, Medill; Ill................................ 824
McCreary, James B.; Ky................................ 833
McCreery, Thomas C.; Ky ............................832, 833
McCulloch, Roscoe C.; Ohio............................ 869
McCumber, Porter J.; N. Dak........................... 866
McDill, James W.; Iowa................................ 828
McDonald, Alexander; Ark.............................. 806
McDonald, Joseph E.; Ind.............................. 826
McDougall, James A.; Calif............................ 809
McDuffie, George; S.C................................. 879
McEnery, Samuel D.; La................................ 835
McFarland, Ernest W.; Ariz............................ 804
McGee, Gale W.; Wyo................................... 898
McGill, George; Kans.................................. 831
McGovern, George; S. Dak.............................. 881
McGrath, J. Howard; R.I............................... 876
McIlvaine, Joseph; N.J................................ 858
McIntyre, Thomas J.; N.H.............................. 856
McKean, Samuel; Pa.................................... 874
McKellar, Kenneth D.; Tenn............................ 882
McKinley, John; Ala................................... 801
McKinley, William B.; Ill............................. 825
McLane, Louis; Del.................................... 814
McLaurin, Anselm J.; Miss............................. 847
McLaurin, John L.; S.C................................ 879
McLean, George P.; Conn............................... 812
McLean, John; Ill...................................824, 825
McMahon, Brien; Conn.................................. 813
McMaster, William H.; S. Dak.......................... 880
McMillan, James; Mich................................. 843
McMillan, Samuel J. R.; Minn.......................... 844
McNamara, Patrick V.; Mich............................ 843
McNary, Charles L.; Oreg.............................. 872
McPherson, John R.; N.J............................... 859
McRae, John J.; Miss.................................. 846
McRoberts, Samuel; Ill................................ 824
Mead, James M.; N.Y................................... 862
Means, Rice W.; Colo.................................. 811
Mechem, E. L.; N. Mex................................. 860
Meigs, Return J., Jr.; Ohio........................... 868
Melcher, John; Mont................................... 850
Mellen, Prentiss; Mass................................ 840
Meriwether, David; Ky................................. 833
Merrick, William D.; Md............................... 838
Merrimon, Augustus S.; N.C............................ 865
Metcalf, Jesse H.; R.I................................ 877
Metcalf, Lee; Mont.................................... 851
Metcalfe, Thomas; Ky.................................. 833
Metzenbaum, Howard M.; Ohio.........................868, 869
Mikulski, Barbara A.; Md.............................. 839
Millard, Joseph H.; Nebr.............................. 853
Milledge, John; Ga.................................... 819
Miller, Bert H.; Idaho................................ 822
Miller, Homer V. M.; Ga............................... 818
Miller, Jack; Iowa.................................... 828
Miller, Jacob W.; N.J................................. 859
Miller, John E.; Ark.................................. 806
Miller, John F.; Calif................................ 808
Miller, Stephen D.; S.C............................... 879
Miller, Warner; N.Y................................... 862
Miller, Zell B.; Ga................................... 819
Millikin, Eugene D.; Colo............................. 811
Mills, Elijah H.; Mass................................ 840
Mills, Roger Q.; Tex.................................. 884
Milton, John; N.J..................................... 858
Milton, William H.; Fla............................... 817
Minton, Sherman; Ind.................................. 826
Mitchel, Charles B.; Ark.............................. 807
Mitchell, George J.; Maine............................ 836
Mitchell, Hugh B.; Wash............................... 892
Mitchell, John H.; Oreg.............................872, 873
Mitchell, John I.; Pa................................. 874
Mitchell, John L.; Wis................................ 896
Mitchell, Stephen M.; Conn............................ 813
Mitchill, Samuel L.; N.Y.............................. 862
Mondale, Walter F.; Minn.............................. 845
Money, Hernando D.; Miss.............................. 846
Monroe, James; Va..................................... 890
Monroney, A. S. Mike; Okla............................ 871
Montoya, Joseph M.; N. Mex............................ 860
Moody, Blair; Mich.................................... 842
Moody, Gideon C.; S. Dak.............................. 881
Moor, Wyman B. S.; Maine.............................. 836
Moore, A. Harry; N.J.................................. 858
Moore, Andrew; Va...................................890, 891
Moore, Edward H.; Okla................................ 870
Moore, Gabriel; Ala................................... 801
Morehead, James T.; Ky................................ 832
Morgan, Edwin D.; N.Y................................. 862
Morgan, John T.; Ala.................................. 800
Morgan, Robert; N.C................................... 865
Morrill, David L.; N.H................................ 856
Morrill, Justin S.; Vt................................ 889
Morrill, Lot Myrick; Maine..........................836, 837
Morris, Gouverneur; N.Y............................... 862
Morris, Robert; Pa.................................... 875
Morris, Thomas; Ohio.................................. 868
Morrison, Cameron; N.C................................ 865
Morrow, Dwight W.; N.J................................ 859
Morrow, Jeremiah; Ohio................................ 869
Morse, Wayne L.; Oreg................................. 873
Morton, Jackson; Fla.................................. 817
Morton, Oliver H. P. T.; Ind.......................... 827
Morton, Thruston B.; Ky............................... 833
Moseley-Braun, Carol; Ill............................. 825
Moses, George H.; N.H................................. 857
Moses, John; N. Dak................................... 867
Moss, Frank E.; Utah.................................. 886
Mouton, Alexander; La................................. 835
Moynihan, Daniel P.; N.Y.............................. 862
Muhlenberg, John P. G.; Pa............................ 875
Mulkey, Frederick W.; Oreg............................ 872
Mundt, Karl E.; S. Dak................................ 880
Murdock, Abe; Utah.................................... 886
Murkowski, Frank H.; Alaska........................... 803
Murphy, Edward, Jr.; N.Y.............................. 862
Murphy, George; Calif................................. 808
Murphy, Maurice J., Jr; N.H........................... 856
Murphy, Richard Louis; Iowa........................... 829
Murray, James E.; Mont................................ 851
Murray, Patty; WA..................................... 893
Muskie, Edmund S.; Maine.............................. 836
Myers, Francis J.; Pa................................. 875
Myers, Henry L.; Mont................................. 850
N
Naudain, Arnold; Del.................................. 814
Neely, Matthew M.; W. Va............................894, 895
Nelson, Arthur E.; Minn............................... 845
Nelson, Gaylord; Wis.................................. 897
Nelson, Knute; Minn................................... 845
Nesmith, James W.; Oreg............................... 873
Neuberger, Maurine B.; Oreg........................... 872
Neuberger, Richard L.; Oreg........................... 872
New, Harry S.; Ind.................................... 826
Newberry, Truman H.; Mich............................. 843
Newlands, Francis G.; Nev............................. 855
Nickles, Don; Okla.................................... 871
Nicholas, Robert C.; La............................... 834
Nicholas, Wilson C.; Va............................... 891
Nicholson, Alfred O. P.; Tenn.......................882, 883
Nicholson, Samuel D.; Colo............................ 811
Niles, John M.; Conn................................812, 813
Nixon, George S.; Nev................................. 854
Nixon, Richard M.; Calif.............................. 809
Noble, James; Ind..................................... 826
Norbeck, Peter; S. Dak................................ 881
Norris, George W.; Nebr............................... 853
Norris, Moses, Jr.; N.H............................... 857
North, William; N.Y................................... 862
Norton, Daniel S.; Minn............................... 845
Norvell, John; Mich................................... 843
Norwood, Thomas M.; Ga................................ 818
Nourse, Amos; Maine................................... 836
Nugent, John F.; Idaho................................ 823
Nunn, Sam; Ga......................................... 818
Nye, Gerald P.; N. Dak................................ 867
Nye, James W.; Nev.................................... 855
O
O'Conor, Herbert R.; Md............................... 838
O'Daniel, W. Lee; Tex................................. 885
Oddie, Tasker L.; Nev................................. 855
Ogden, Aaron; N.J..................................... 858
Oglesby, Richard J.; Ill.............................. 825
O'Gorman, James A.; N.Y............................... 862
Olcott, Simeon; N.H................................... 856
Oliver, George T.; Pa................................. 874
O'Mahoney, Joseph C.; Wyo...........................898, 899
Osborn, Thomas W.; Fla................................ 817
Otis, Harrison G.; Mass............................... 841
Overman, Lee S.; N.C.................................. 865
Overton, John H.; La.................................. 835
Owen, Robert L.; Okla................................. 870
P
Packwood, Robert W.; Oreg............................. 873
Paddock, Algernon S.; Nebr............................ 852
Page, Carroll S.; Vt.................................. 888
Page, John; N.H....................................... 857
Paine, Elijah; Vt..................................... 889
Palmer, John M.; Ill.................................. 825
Palmer, Thomas W.; Mich............................... 843
Palmer, William A.; Vt................................ 889
Parker, Nahum; N.H.................................... 857
Parker, Richard E.; Va................................ 891
Parris, Albion K.; Maine.............................. 836
Parrott, John F.; N.H................................. 857
Partridge, Frank C.; Vt............................... 888
Pasco, Samuel; Fla.................................... 816
Pastore, John O.; R.I................................. 876
Paterson, William; N.J................................ 859
Patterson, David T.; Tenn............................. 882
Patterson, James W.; N.H.............................. 857
Patterson, John J.; S.C............................... 879
Patterson, Roscoe C.; Mo.............................. 848
Patterson, Thomas M.; Colo............................ 810
Patton, John, Jr.; Mich............................... 842
Payne, Frederick G.; Maine............................ 836
Payne, Henry B.; Ohio................................. 869
Paynter, Thomas H.; Ky................................ 832
Peace, Roger C.; S.C.................................. 878
Pearce, James A.; Md.................................. 839
Pearson, James B.; Kans............................... 830
Pease, Henry R.; Miss................................. 846
Peffer, William A.; Kans.............................. 831
Pell, Claiborne; R.I.................................. 877
Pendleton, George H.; Ohio............................ 869
Pennybacker, Isaac S.; Va............................. 890
Penrose, Boies; Pa.................................... 875
Pepper, Claude; Fla................................... 817
Pepper, George W.; Pa................................. 875
Percy, Charles H.; Ill................................ 824
Percy, Le Roy; Miss................................... 847
Perkins, Bishop W.; Kans.............................. 830
Perkins, George C.; Calif............................. 809
Perky, Kirtland I.; Idaho............................. 823
Pettigrew, Richard F.; S. Dak......................... 880
Pettit, John; Ind..................................... 827
Pettus, Edmund W.; Ala................................ 801
Phelan, James D.; Calif............................... 809
Phelps, Samuel S.; Vt...............................888, 889
Phipps, Lawrence C.; Colo............................. 810
Pickens, Israel; Ala.................................. 801
Pickering, Timothy; Mass.............................. 841
Pierce, Franklin; N.H................................. 857
Pierce, Gilbert A.; N. Dak............................ 867
Pike, Austin F.; N.H.................................. 856
Piles, Samuel H.; Wash................................ 892
Pinckney, Charles; S.C................................ 878
Pine, William B.; Okla................................ 870
Pinkney, William; Md.................................. 838
Pittman, Key; Nev..................................... 854
Platt, Orville H.; Conn............................... 813
Platt, Thomas C.; N.Y...............................862, 863
Pleasants, James; Va.................................. 891
Plumb, Preston B.; Kans............................... 830
Plumer, William; N.H.................................. 857
Poindexter, George; Miss.............................. 847
Poindexter, Miles; Wash............................... 892
Poland, Luke P.; Vt................................... 889
Polk, Trusten; Mo..................................... 848
Pollock, William P.; S.C.............................. 878
Pomerene, Atlee; Ohio................................. 868
Pomeroy, Samuel C.; Kans.............................. 831
Pool, John; N.C....................................... 865
Pope, James P.; Idaho................................. 823
Pope, John; Ky........................................ 833
Porter, Alexander; La................................. 835
Porter, Augustus S.; Mich............................. 842
Posey, Thomas; La..................................... 834
Potter, Charles E.; Mich.............................. 842
Potter, Samuel J.; R.I................................ 876
Potts, Richard; Md.................................... 838
Powell, Lazarus W.; Ky................................ 832
Power, Thomas C.; Mont................................ 851
Pratt, Daniel D.; Ind................................. 826
Pratt, Thomas G.; Md.................................. 838
Prentiss, Samuel; Vt.................................. 889
Preston, William C.; S.C.............................. 879
Pressler, Larry; S. Dak............................... 880
Price, Samuel; W. Va.................................. 894
Prince, Oliver H.; Ga................................. 818
Pritchard, Jeter C.; N.C.............................. 865
Proctor, Redfield; Vt................................. 888
Prouty, Winston L.; Vt................................ 888
Proxmire, William; Wis................................ 896
Pryor, David H.; Ark.................................. 806
Pryor, Luke; Ala...................................... 801
Pugh, George E.; Ohio................................. 869
Pugh, James L.; Ala................................... 801
Purcell, William E.; N. Dak........................... 867
Purtell, William A.; Conn...........................812, 813
Pyle, Miss Gladys; S. Dak............................. 881
Q
Quarles, Joseph V.; Wis............................... 896
Quay, Matthew S.; Pa.................................. 874
Quayle, Dan; Ind...................................... 827
R
Radcliffe, George L.; Md.............................. 838
Ralston, Samuel M.; Ind............................... 826
Ramsey, Alexander; Minn............................... 844
Randolph, Jennings; W. Va............................. 895
Randolph, John; Va.................................... 890
Randolph, Theodore F.; N.J............................ 858
Ransdell, Joseph E.; La............................... 834
Ransom, Matt W.; N.C.................................. 864
Rantoul, Robert; Mass................................. 840
Rawlins, Joseph L.; Utah.............................. 887
Rawson, Charles A.; Iowa.............................. 828
Rayner, Isidor; Md.................................... 838
Read, George; Del..................................... 814
Read, Jacob; S.C...................................... 879
Reagan, John H.; Tex.................................. 884
Reames, Alfred E.; Oreg............................... 873
Reed, Clyde M.; Kans.................................. 831
Reed, David A.; Pa.................................... 874
Reed, Jack; R.I....................................... 877
Reed, James A.; Mo.................................... 848
Reed, Philip; Md...................................... 839
Reed, Thomas B.; Miss...............................846, 847
Reid, David S.; N.C................................... 864
Reid, Harry M.; Nev................................... 855
Revels, Hiram R.; Miss................................ 847
Revercomb, Chapman; W. Va...........................894, 895
Reynolds, Robert R.; N.C.............................. 865
Reynolds, Sam W.; Nebr................................ 852
Rhett, R. Barnwell; S.C............................... 878
Ribicoff, Abraham A.; Conn............................ 813
Rice, Benjamin F.; Ark................................ 807
Rice, Henry M.; Minn.................................. 844
Richardson, Harry A.; Del............................. 815
Richardson, William A.; Ill........................... 824
Riddle, George Read; Del.............................. 814
Riddleberger, Harrison H.; Va......................... 891
Ridgely, Henry M.; Del................................ 815
Riegle, Donald W., Jr., Mich.......................... 842
Rives, William C.; Va...............................890, 891
Roach, William N.; N. Dak............................. 866
Roane, William H.; Va................................. 891
Robb, Charles S.; Va.................................. 890
Robbins, Asher; R.I................................... 876
Roberts, Jonathan; Pa................................. 874
Roberts, Pat; Kans.................................... 830
Robertson, A. Willis; Va.............................. 891
Robertson, Edward V.; Wyo............................. 899
Robertson, Thomas J.; S.C............................. 878
Robinson, Arthur R.; Ind.............................. 826
Robinson, John M.; Ill................................ 824
Robinson, Jonathan; Vt................................ 888
Robinson, Joseph T.; Ark.............................. 806
Robinson, Moses; Vt................................... 888
Robsion, John M.; Ky.................................. 832
Rockefeller, John D. IV; W. Va........................ 895
Rockwell, Julius; Mass................................ 841
Rodney, Caesar A.; Del................................ 814
Rodney, Daniel; Del................................... 815
Rollins, Edward H.; N.H............................... 856
Root, Elihu; N.Y...................................... 863
Rosier, Joseph; W. Va................................. 895
Ross, Edmund G.; Kans................................. 830
Ross, James; Pa....................................... 874
Ross, Jonathan; Vt.................................... 889
Roth, William V., Jr; Del............................. 814
Rowan, John; Ky....................................... 833
Rudman, Warren; N.H................................... 857
Ruggles, Benjamin; Ohio............................... 868
Ruggles, John; Maine.................................. 837
Rusk, Thomas J.; Tex.................................. 884
Russell, Donald; S.C.................................. 879
Russell, Richard B.; Ga............................... 818
Rutherfurd, John; N.J................................. 858
S
Sabin, Dwight M.; Minn................................ 845
Sackett, Fred M.; Ky.................................. 832
Salinger, Pierre; Calif............................... 808
Saltonstall, Leverett; Mass........................... 841
Sanders, Newell; Tenn................................. 883
Sanders, Wilbur F.; Mont.............................. 850
Sanford, Nathan; N.Y................................862, 863
Sanford, Terry; N.C................................... 865
Santorum, Rick; Pa.................................... 874
Sarbanes, Paul S., Md................................. 838
Sargent, Aaron A.; Calif.............................. 809
Sasser, James R.; Tenn................................ 882
Saulsbury, Eli; Del................................... 815
Saulsbury, Willard, Jr.; Del.......................... 815
Saulsbury, Willard, Sr.; Del.......................... 815
Saunders, Alvin; Nebr................................. 853
Sawyer, Frederick A.; S.C............................. 879
Sawyer, Philetus; Wis................................. 896
Saxbe, William B.; Ohio............................... 869
Schall, Thomas D.; Minn............................... 845
Schmitt, Harrison H.; N. Mex.......................... 860
Schoeppel, Andrew F.; Kans............................ 830
Schumer, Charles E.; N.Y.............................. 1002
Schureman, James; N.J................................. 858
Schurz, Carl; Mo...................................... 848
Schuyler, Karl C.; Colo............................... 811
Schuyler, Philip; N.Y................................. 862
Schwartz, H. H.; Wyo.................................. 899
Schweiker, Richard S.; Pa............................. 875
Schwellenbach, Lewis B.; Wash......................... 892
Scott, Hugh; Pa....................................... 874
Scott, John; Pa....................................... 874
Scott, Nathan B.; W. Va............................... 894
Scott, W. Kerr; N.C................................... 864
Scott, William L.; Va................................. 891
Scrugham, James G.; Nev............................... 854
Seaton, Fred A.; Nebr................................. 853
Sebastian, William K.; Ark............................ 806
Sedgwick, Theodore; Mass.............................. 841
Semple, James; Ill.................................... 824
Sessions, Jeff; Ala................................... 800
Sevier, Ambrose H.; Ark............................... 807
Seward, William H.; N.Y............................... 863
Sewell, William J.; N.J.............................858, 859
Seymour, Horatio; Vt.................................. 888
Seymour, John; Calif.................................. 808
Shafroth, John F.; Colo............................... 810
Sharon, William; Nev.................................. 854
Sheafe, James; N.H.................................... 857
Sheffield, William P.; R.I............................ 877
Shelby, Richard C.; Ala............................... 801
Shepley, Ether; Maine................................. 836
Sheppard, Morris; Tex................................. 885
Sherman, John; Ohio.................................868, 869
Sherman, Lawrence Y.; Ill............................. 825
Sherman, Roger; Conn.................................. 813
Ill...........................
Shields, James........................................
Minn..........................
845
Mo............................
849
Shields, John K.; Tenn................................ 883
Shipstead, Henrik; Minn............................... 844
Shively, Benjamin F.; Ind............................. 827
Shortridge, Samuel M.; Calif.......................... 809
Shott, Hugh Ike; W. Va................................ 895
Shoup, George Laird; Idaho............................ 822
Silsbee, Nathaniel; Mass.............................. 841
Simmons, Furnifold M.; N.C............................ 864
Simmons, James F.; R.I..............................876, 877
Simon, Joseph; Oreg................................... 873
Simon, Paul; Ill...................................... 824
Simpson, Alan K.; Wyo................................. 899
Simpson, Milward L.; Wyo.............................. 899
Slater, James H.; Oreg................................ 873
Slattery, James M.; Ill............................... 824
Slidell, John; La..................................... 835
Smathers, George A.; Fla.............................. 817
Smathers, William H.; N.J............................. 859
Smith, Benjamin A., II; Mass.......................... 840
Smith, Bob; N.H....................................... 857
Smith, Daniel; Tenn.................................882, 883
Smith, Delazon; Oreg.................................. 872
Smith, Ellison D.; S.C................................ 879
Smith, Frank L.; Ill.................................. 825
Smith, Gordon H.; Oreg................................ 872
Smith, H. Alexander; N.J.............................. 858
Smith, Hoke; Ga....................................... 819
Smith, Israel; Vt..................................... 888
Smith, James, Jr.; N.J................................ 858
Smith, John; N.Y...................................... 863
Smith, John; Ohio..................................... 868
Smith, John W.; Md.................................... 839
Smith, Marcus A.; Ariz................................ 805
Smith, Margaret Chase; Maine.......................... 837
Smith, Nathan; Conn................................... 812
Smith, Oliver H.; Ind................................. 827
Smith, Perry; Conn.................................... 813
Smith, Ralph Tyler; Ill............................... 825
Smith, Samuel; Md..................................... 838
Smith, Truman; Conn................................... 813
Smith, William; S.C................................ 878, 879
Smith, William A.; Mich............................... 843
Smith, Willis; N.C.................................... 864
Smoot, Reed; Utah..................................... 887
Snowe, Olympia J.; Maine.............................. 836
Soule, Pierre; La...................................834, 835
Southard, Samuel L.; N.J.............................. 858
Sparkman, John; Ala................................... 800
Specter, Arlen; Pa.................................... 875
Speight, Jesse; Miss.................................. 846
Spence, John S.; Md................................... 839
Spencer, George E.; Ala............................... 801
Spencer, Lloyd; Ark................................... 806
Spencer, Selden P.; Mo................................ 849
Spong, William B., Jr.; Va............................ 891
Spooner, John C.; Wis................................. 897
Sprague, Peleg; Maine................................. 837
Sprague, William; R.I................................. 876
Sprague, William; R.I.\1\............................. 876
\1\ Nephew of the preceding.
Spruance, Presley; Del................................ 815
Squire, Watson C.; Wash............................... 893
Stafford, Robert T.; Vt............................... 888
Stanfield, Robert N.; Oreg............................ 873
Stanfill, William A.; Ky.............................. 832
Stanford, Leland; Calif............................... 809
Stanley, A. Owsley; Ky................................ 832
Stanton, Joseph, Jr.; R.I............................. 877
Stark, Benjamin; Oreg................................. 872
Stearns, Ozora P.; Minn............................... 845
Steck, Daniel F.; Iowa................................ 828
Steiwer, Frederick; Oreg.............................. 873
Stennis, John C.; Miss................................ 846
Stephens, Hubert D.; Miss............................. 846
Stephenson, Isaac; Wis................................ 897
Sterling, Thomas; S. Dak.............................. 880
Stevens, Ted; Alaska.................................. 802
Stevenson, Adlai E., III; Ill......................... 825
Stevenson, John W.; Ky................................ 832
Stewart, David; Md.................................... 838
Stewart, David W.; Iowa............................... 829
Stewart, Donald W.; Ala............................... 801
Stewart, John W.; Vt.................................. 888
Stewart, Tom; Tenn.................................... 883
Stewart, William M.; Nev.............................. 854
Stockbridge, Francis B.; Mich......................... 842
Stockton, John P.; N.J..............................858, 859
Stockton, Richard; N.J................................ 859
Stockton, Robert F.; N.J.............................. 858
Stokes, Montfort; N.C................................. 864
Stone, David; N.C..................................... 865
Stone, Richard (Dick); Fla............................ 817
Stone, William J.; Mo................................. 849
Storer, Clement; N.H.................................. 857
Storke, Thomas M.; Calif.............................. 809
Strange, Robert; N.C.................................. 865
Strong, Caleb; Mass................................... 841
Stuart, Charles E.; Mich.............................. 843
Sturgeon, Daniel; Pa.................................. 874
Sullivan, Patrick J.; Wyo............................. 899
Sullivan, William V.; Miss............................ 847
Sumner, Charles; Mass................................. 840
Sumter, Thomas; S.C................................... 878
Sutherland, George; Utah.............................. 886
Sutherland, Howard; W. Va............................. 894
Swanson, Claude A.; Va................................ 890
Swift, Benjamin; Vt................................... 888
Swift, George R.; Ala................................. 800
Symington, Stuart; Mo................................. 848
Symms, Steven D.; Idaho............................... 823
T
Tabor, Horace A. W.; Colo............................. 810
Taft, Kingsley A.; Ohio............................... 868
Taft, Robert A.; Ohio................................. 869
Taft, Robert, Jr.; Ohio............................... 868
Taggart, Thomas; Ind.................................. 827
Tait, Charles; Ga..................................... 819
Talbot, Isham; Ky..................................... 833
Taliaferro, James P.; Fla............................. 816
Tallmadge, Nathaniel P.; N.Y.......................... 862
Talmadge, Herman E.; Ga............................... 819
Tappan, Benjamin; Ohio................................ 868
Tatnal, Josiah; Ga.................................... 818
Taylor, Glen H.; Idaho................................ 823
Taylor, John; S.C..................................... 878
Taylor, John; Va....................................890, 891
Taylor, Robert L.; Tenn............................... 883
Taylor, Waller; Ind................................... 827
Tazewell, Henry; Va................................... 891
Tazewell, Littleton W.; Va............................ 891
Teller, Henry M.; Colo..............................810, 811
Ten Eyck, John C.; N.J................................ 859
Terrell, Joseph M.; Ga................................ 819
Thayer, John M.; Nebr................................. 853
Thomas, Charles S.; Colo.............................. 811
Thomas, Craig; Wyo.................................... 898
Thomas, Elbert D.; Utah............................... 887
Thomas, Elmer; Okla................................... 871
Thomas, Jesse B.; Ill................................. 824
Thomas, John; Idaho.................................822, 823
Thompson, Fountain L.; N. Dak......................... 867
Thompson, Fred; Tenn.................................. 883
Thompson, John B.; Ky................................. 832
Thompson, Thomas W.; N.H.............................. 856
Thompson, William H.; Kans............................ 830
Thompson, William H.; Nebr............................ 852
Thomson, John R.; N.J................................. 858
Thornton, John R.; La................................. 835
Thruston, Buckner; Ky................................. 832
Thurman, Allen G.; Ohio............................... 868
Thurmond, Strom; S.C.................................. 878
Thurston, John M.; Nebr............................... 853
Thye, Edward J.; Minn................................. 844
Tichenor, Isaac; Vt................................... 888
Tiffin, Edward; Ohio.................................. 869
Tillman, Benjamin R.; S.C............................. 878
Tipton, John; Ind..................................... 826
Tipton, Thomas W.; Nebr............................... 852
Tobey, Charles W.; N.H................................ 857
Tomlinson, Gideon; Conn............................... 813
Toombs, Robert; Ga.................................... 818
Torricelli, Robert G.; N.J............................ 859
Toucey, Isaac; Conn................................... 812
Tower, John G.; Tex................................... 885
Towne, Charles A.; Minn............................... 844
Townsend, Charles E.; Mich............................ 842
Townsend, John G., Jr.; Del........................... 814
Tracy, Uriah; Conn.................................... 813
Trammell, Park; Fla................................... 816
Trible, Paul S., Jr.; Va.............................. 890
Trimble, William A.; Ohio............................. 869
Trotter, James F.; Miss............................... 846
Troup, George M.; Ga.................................. 818
Truman, Harry S.; Mo.................................. 848
Trumbull, Jonathan, Conn.............................. 813
Trumbull, Lyman; Ill.................................. 825
Tsongas, Paul; Mass................................... 841
Tunnell, James M.; Del................................ 814
Tunney, John V.; Calif................................ 808
Turley, Thomas B.; Tenn............................... 883
Turner, George; Wash.................................. 893
Turner, James; N.C.................................... 864
Turney, Hopkins L.; Tenn.............................. 882
Turpie, David; Ind.................................... 826
Tydings, Joseph D.; Md................................ 838
Tydings, Millard E.; Md............................... 839
Tyler, John; Va....................................... 890
Tyson, Lawrence D.; Tenn.............................. 883
U
Umstead, William B.; N.C.............................. 864
Underwood, Joseph R.; Ky.............................. 832
Underwood, Oscar W.; Ala.............................. 801
Underwood, Thomas R.; Ky.............................. 832
Upham, William; Vt.................................... 889
Upton, Robert W.; N.H................................. 857
V
Van Buren, Martin; N.Y................................ 862
Vance, Zebulon B.; N.C................................ 865
Vandenberg, Arthur H.; Mich........................... 842
Van Dyke, Nicholas; Del............................... 815
Van Nuys, Frederick; Ind.............................. 827
Van Winkle, Peter G.; W. Va........................... 894
Van Wyck, Charles H.; Nebr............................ 852
Vardaman, James K.; Miss.............................. 847
Vare, William S.; Pa.\1\.............................. 875
\1\ Elected, but was not seated.
Varnum, Joseph B.; Mass............................... 841
Venable, Abraham B.; Va............................... 890
Vest, George G.; Mo................................... 849
Vickers, George; Md................................... 839
Vilas, William F.; Wis................................ 897
Vining, John; Del..................................... 815
Voinovich, George V.; Ohio............................ 1005
Voorhees, Daniel W.; Ind.............................. 827
W
Wade, Benjamin F.; Ohio............................... 868
Wadleigh, Bainbridge; N.H............................. 857
Wadsworth, James W., Jr.; N.Y......................... 863
Waggaman, George A.; La............................... 834
Wagner, Robert F.; N.Y................................ 863
Walcott, Frederic C.; Conn............................ 812
Wales, John; Del...................................... 814
Walker, Freeman; Ga................................... 818
Walker, George; Ky.................................... 832
Walker, Isaac P.; Wis................................. 897
Walker, James D.; Ark................................. 807
Walker, John; Va...................................... 890
Walker, John W.; Ala.................................. 801
Walker, Robert J.; Miss............................... 847
Walker, Walter; Colo.................................. 811
Wall, Garret D.; N.J.................................. 859
Wall, James W.; N.J................................... 858
Wallace, William A.; Pa............................... 874
Wallgren, Mon C.; Wash................................ 892
Wallop, Malcolm; Wyo.................................. 898
Walsh, Arthur; N.J.................................... 858
Walsh, David I.; Mass...............................840, 841
Walsh, Patrick; Ga.................................... 818
Walsh, Thomas J.; Mont................................ 851
Walters, Herbert S.; Tenn............................. 883
Walthall, Edward C.; Miss............................. 847
Walton, George; Ga.................................... 818
Ward, Matthias; Tex................................... 884
Ware, Nicholas; Ga.................................... 818
Warner, John W.; Va................................... 891
Warner, Willard; Ala.................................. 800
Warner, William; Mo................................... 848
Warren, Francis E.; Wyo.............................898, 899
Washburn, William B.; Mass............................ 840
Washburn, William D.; Minn............................ 845
Waterman, Charles W.; Colo............................ 811
Watkins, Arthur V.; Utah.............................. 886
Watson, Clarence W.; W. Va............................ 895
Watson, James; N.Y.................................... 862
Watson, James E.; Ind................................. 827
Watson, Thomas E.; Ga................................. 819
Webb, William R.; Tenn................................ 883
Webster, Daniel; Mass................................. 840
Weeks, John W.; Mass.................................. 841
Weeks, Sinclair; Mass................................. 841
Weicker, Lowell P., Jr.; Conn......................... 812
Welch, Adonijah S.; Fla............................... 816
Welker, Herman; Idaho................................. 823
Weller, John B.; Calif................................ 808
Weller, Ovington E.; Md............................... 839
Wellington, George L.; Md............................. 839
Wells, John S.; N.H................................... 857
Wells, William H.; Del................................ 815
Wellstone, Paul J.; Minn.............................. 845
West, J. Rodman; La................................... 834
West, William S.; Ga.................................. 818
Westcott, James D., Jr.; Fla.......................... 817
Wetmore, George P.; R.I............................... 877
Wharton, Jesse; Tenn.................................. 883
Wheeler, Burton K.; Mont.............................. 850
Wherry, Kenneth S.; Nebr.............................. 853
Whitcomb, James; Ind.................................. 827
White, Albert S.; Ind................................. 826
White, Edward D.; La.................................. 835
White, Francis S.; Ala................................ 801
White, Hugh L.; Tenn.................................. 883
White, Samuel; Del.................................... 814
White, Stephen M.; Calif.............................. 808
White, Wallace H., Jr.; Maine......................... 837
Whiteside, Jenkin; Tenn............................... 883
Whitthorne, Washington C.; Tenn....................... 882
Whyte, William P.; Md...............................838, 839
Wigfall, Louis T.; Tex................................ 884
Wilcox, Leonard; N.H.................................. 857
Wiley, Alexander; Wis................................. 897
Wilfley, Xenophon P.; Mo.............................. 849
Wilkins, William; Pa.................................. 875
Wilkinson, Morton S.; Minn............................ 845
Willey, Calvin; Conn.................................. 813
Willey, Waitman T.....................................
Va............................
890
W. Va.........................
895
Williams, Abram P.; Calif............................. 808
Williams, George H.; Mo............................... 849
Williams, George H.; Oreg............................. 872
Williams, Harrison A., Jr.; N.J....................... 858
Williams, Jared W.; N.H............................... 856
Williams, John; Tenn.................................. 883
Williams, John J.; Del................................ 814
Williams, John S.; Ky................................. 833
Williams, John S.; Miss............................... 846
Williams, Reuel; Maine................................ 836
Williams, Thomas Hickman; Miss........................ 846
Williams, Thomas Hill; Miss........................... 847
Williamson, Ben M.; Ky................................ 832
Willis, Frank B.; Ohio................................ 869
Willis, Raymond E.; Ind............................... 826
Wilmot, David; Pa..................................... 874
Wilson, Ephraim K.; Md................................ 839
Wilson, George A.; Iowa............................... 828
Wilson, Henry; Mass................................... 841
Wilson, James F.; Iowa................................ 828
Wilson, James J.; N.J................................. 858
Wilson, John L.; Wash................................. 892
Wilson, Pete; Calif................................... 808
Wilson, Robert; Mo.................................... 849
Windom, William; Minn................................. 845
Wingate, Paine; N.H................................... 856
Winthrop, Robert C.; Mass............................. 840
Wirth, Timothy E.; Colo............................... 811
Withers, Garrett L.; Ky............................... 833
Withers, Robert E.; Va................................ 890
Wofford, Harris; Pa................................... 874
Wofford, Thomas A.; S.C............................... 878
Wolcott, Edward O.; Colo.............................. 810
Wolcott, Josiah O.; Del............................... 814
Woodbridge, William; Mich............................. 843
Woodbury, Levi; N.H.................................856, 857
Works, John D.; Calif................................. 808
Worthington, Thomas; Ohio...........................868, 869
Wright, George G.; Iowa............................... 828
Wright, Joseph A.; Ind................................ 826
Wright, Robert; Md.................................... 839
Wright, Silas, Jr.; N.Y............................... 863
Wright, William; N.J................................858, 859
Wyden, Ron; Oreg...................................... 873
Wyman, Louis C.; N.H.................................. 857
Y
Yarborough, Ralph; Tex................................ 884
Yates, Richard; Ill................................... 824
Young, Lafayette; Iowa................................ 828
Young, Milton R.; N. Dak.............................. 867
Young, Richard M.; Ill................................ 825
Young, Stephen M.; Ohio............................... 868
Yulee, David L.; Fla................................816, 817
Z
Zorinsky, Edward; Nebr................................ 852
electoral votes for president and vice president
electoral votes for president and vice president
electoral votes for president and vice president
[902]
[902]
[902]
[901]
ELECTORAL VOTES FOR PRESIDENT AND VICE PRESIDENT
901
ELECTION FOR THE FIRST TERM, 1789-1793
George Washington, President; John Adams, Vice President
--------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Conn. Del. Ga. Md. Mass. N.H. N.J. Pa. S.C. Va. Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
George Washington, Esq............................... 7 3 5 6 10 5 6 10 7 10 69
John Adams, Esq...................................... 5 ....... ....... ....... 10 5 1 8 ....... 5 34
Samuel Huntington, Esq............................... 2 ....... ....... ....... ....... ....... ....... ....... ....... ....... 2
John Jay, Esq........................................ ....... 3 ....... ....... ....... ....... 5 ....... ....... 1 9
John Hancock, Esq.................................... ....... ....... ....... ....... ....... ....... ....... 2 1 1 4
Robert H. Harrison, Esq.............................. ....... ....... ....... 6 ....... ....... ....... ....... ....... ....... 6
George Clinton, Esq.................................. ....... ....... ....... ....... ....... ....... ....... ....... ....... 3 3
John Rutledge, Esq................................... ....... ....... ....... ....... ....... ....... ....... ....... 6 ....... 6
John Milton, Esq..................................... ....... ....... 2 ....... ....... ....... ....... ....... ....... ....... 2
James Armstrong, Esq................................. ....... ....... 1 ....... ....... ....... ....... ....... ....... ....... 1
Edward Telfair, Esq.................................. ....... ....... 1 ....... ....... ....... ....... ....... ....... ....... 1
Benjamin Lincoln, Esq................................ ....... ....... 1 ....... ....... ....... ....... ....... ....... ....... 1
Total electoral vote........................... 7 3 5 6 10 5 6 10 7 10 69
--------------------------------------------------------------------------------------------------------------------------------------------------------
[902]
[902]
[902]
902
ELECTION FOR THE SECOND TERM, 1793-1797
George Washington, President; John Adams, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Conn. Del. Ga. Ky. Md. Mass. N.H. N.J. N.Y. N.C. Pa. R.I. S.C. Vt. Va. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
George Washington, of Virginia.................. 9 3 4 4 8 16 6 7 12 12 15 4 8 3 21 132
John Adams, of Massachusetts.................... 9 3 ....... ....... 8 16 6 7 ....... ....... 14 4 7 3 ....... 77
George Clinton, of New York..................... ....... ....... 4 ....... ....... ....... ....... ....... 12 12 1 ....... ....... ....... 21 50
Thomas Jefferson, of Virginia................... ....... ....... ....... 4 ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... 4
Aaron Burr, of New York......................... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... 1 ....... ....... 1
Total electoral vote...................... 9 3 4 4 8 16 6 7 12 12 15 4 8 3 21 132
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[903]
[903]
903
ELECTION FOR THE THIRD TERM, 1797-1801
John Adams, President; Thomas Jefferson, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Conn. Del. Ga. Ky. Md. Mass. N.H. N.J. N.Y. N.C. Pa. R.I. S.C. Tenn. Vt. Va. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
John Adams, of Massachusetts................................... 9 3 ..... ..... 7 16 6 7 12 1 1 4 ..... ....... 4 1 71
Thomas Jefferson, of Virginia.................................. ....... ....... 4 4 4 ....... ..... ..... ..... 11 14 ..... 8 3 ..... 20 68
Thomas Pinckney, of South Carolina............................. 4 3 ..... ..... 4 13 ..... 7 12 1 2 ..... 8 ....... 4 1 59
Aaron Burr, of New York........................................ ....... ....... ..... 4 3 ....... ..... ..... ..... 6 13 ..... ..... 3 ..... 1 30
Samuel Adams, of Massachusetts................................. ....... ....... ..... ..... ..... ....... ..... ..... ..... ..... ..... ..... ..... ....... ..... 15 15
O. Ellsworth, of Connecticut................................... ....... ....... ..... ..... ..... 1 6 ..... ..... ..... ..... 4 ..... ....... ..... ..... 11
John Jay, of New York.......................................... 5 ....... ..... ..... ..... ....... ..... ..... ..... ..... ..... ..... ..... ....... ..... ..... 5
George Clinton, of New York.................................... ....... ....... 4 ..... ..... ....... ..... ..... ..... ..... ..... ..... ..... ....... ..... 3 7
S. Johnston, of North Carolina................................. ....... ....... ..... ..... ..... 2 ..... ..... ..... ..... ..... ..... ..... ....... ..... ..... 2
James Iredell, of North Carolina............................... ....... ....... ..... ..... ..... ....... ..... ..... ..... 3 ..... ..... ..... ....... ..... ..... 3
George Washington, of Virginia................................. ....... ....... ..... ..... ..... ....... ..... ..... ..... 1 ..... ..... ..... ....... ..... 1 2
C. C. Pinckney, of South Carolina.............................. ....... ....... ..... ..... ..... ....... ..... ..... ..... 1 ..... ..... ..... ....... ..... ..... 1
John Henry, of Maryland........................................ ....... ....... ..... ..... 2 ....... ..... ..... ..... ..... ..... ..... ..... ....... ..... ..... 2
Total electoral vote..................................... 9 3 4 4 10 16 6 7 12 12 15 4 8 3 4 21 138
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[904]
[904]
904
ELECTION FOR THE FOURTH TERM, 1801-1805
Thomas Jefferson, President; Aaron Burr, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Conn. Del. Ga. Ky. Md. Mass. N.H. N.J. N.Y. N.C. Pa. R.I. S.C. Tenn. Vt. Va. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Thomas Jefferson, of Virginia.................................. ....... ....... 4 4 5 ....... ..... ..... 12 8 8 ..... 8 3 ..... 21 *73
Aaron Burr, of New York........................................ ....... ....... 4 4 5 ....... ..... ..... 12 8 8 ..... 8 3 ..... 21 *73
John Adams, of Massachusetts................................... 9 3 ..... ..... 5 16 6 7 ..... 4 7 4 ..... ....... 4 ..... 65
Charles C. Pinckney, of South Carolina......................... 9 3 ..... ..... 5 16 6 7 ..... 4 7 3 ..... ....... 4 ..... 64
John Jay, of New York.......................................... ....... ....... ..... ..... ..... ....... ..... ..... ..... ..... ..... 1 ..... ....... ..... ..... 1
Total electoral vote..................................... 9 3 4 4 10 16 6 7 12 12 15 4 8 3 4 21 138
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*There being no choice for President by the people, the election devolved upon the House of Representatives, and February 17, 1801, Thomas Jefferson was chosen by the votes of ten States, to
four for Aaron Burr, and two blank.
[905]
[905]
905
ELECTION FOR THE FIFTH TERM, 1805-1809
Thomas Jefferson, President; George Clinton, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Conn. Del. Ga. Ky. Md. Mass. N.H. N.J. N.Y. N.C. Ohio Pa. R.I. S.C. Tenn. Vt. Va. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Thomas Jefferson, of Virginia..................... ....... ....... 6 8 9 19 7 8 19 14 3 20 4 10 5 6 24 162
Charles C. Pinckney, of South Carolina............ 9 3 ..... ..... 2 ....... ..... ..... ..... ..... ....... ..... ..... ..... ....... ..... ..... 14
=========================================================================================================================================
For Vice President:
George Clinton, of New York....................... ....... ....... 6 8 9 19 7 8 19 14 3 20 4 10 5 6 24 162
Rufus King, of New York........................... 9 3 ..... ..... 2 ....... ..... ..... ..... ..... ....... ..... ..... ..... ....... ..... ..... 14
=========================================================================================================================================
Total electoral vote............................ 9 3 6 8 11 19 7 8 19 14 3 20 4 10 5 6 24 176
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[906]
[906]
906
ELECTION FOR THE SIXTH TERM, 1809-1813
James Madison, President; George Clinton, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Conn. Del. Ga. Ky. Md. Mass. N.H. N.J. N.Y. N.C. Ohio Pa. R.I. S.C. Tenn. Vt. Va. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
James Madison, of Virginia........................ ....... ....... 6 7 9 ....... ..... 8 13 11 3 20 ..... 10 5 6 24 122
George Clinton, of New York....................... ....... ....... ..... ..... ..... ....... ..... ..... 6 ..... ....... ..... ..... ..... ....... ..... ..... 6
Charles C. Pinckney, of South Carolina............ 9 3 ..... ..... 2 19 7 ..... ..... 3 ....... ..... 4 ..... ....... ..... ..... 47
=========================================================================================================================================
For Vice President:
George Clinton, of New York....................... ....... ....... 6 7 9 ....... ..... 8 13 11 ....... 20 ..... 10 5 ..... 24 113
James Madison, of Virginia........................ ....... ....... ..... ..... ..... ....... ..... ..... 3 ..... ....... ..... ..... ..... ....... ..... ..... 3
James Monroe, of Virginia......................... ....... ....... ..... ..... ..... ....... ..... ..... 3 ..... ....... ..... ..... ..... ....... ..... ..... 3
John Langdon, of New Hampshire.................... ....... ....... ..... ..... ..... ....... ..... ..... ..... ..... 3 ..... ..... ..... ....... 6 ..... 9
Rufus King, of New York........................... 9 3 ..... ..... 2 19 7 ..... ..... 3 ....... ..... 4 ..... ....... ..... ..... 47
=========================================================================================================================================
Total electoral vote............................ 9 3 6 7 11 19 7 8 19 14 3 20 4 10 5 6 24 175
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[907]
[907]
907
ELECTION FOR THE SEVENTH TERM, 1813-1817
James Madison, President; Elbridge Gerry, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Conn. Del. Ga. Ky. La. Md. Mass. N.H. N.J. N.Y. N.C. Ohio Pa. R.I. S.C. Tenn. Vt. Va. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
James Madison, of Virginia.......... ...... ...... 8 12 3 6 ...... ...... ...... ...... 15 7 25 ...... 11 8 8 25 128
De Witt Clinton, of New York........ 9 4 ...... ...... ...... 5 22 8 8 29 ...... ...... ...... 4 ...... ...... ...... ...... 89
=======================================================================================================================================================
For Vice President:
Elbridge Gerry, of Massachusetts.... ...... ...... 8 12 3 6 2 1 ...... ...... 15 7 25 ...... 11 8 8 25 131
Jared Ingersoll, of Pennsylvania.... 9 4 ...... ...... ...... 5 20 7 8 29 ...... ...... ...... 4 ...... ...... ...... ...... 86
=======================================================================================================================================================
Total electoral vote.............. 9 4 8 12 3 11 22 8 8 29 15 7 25 4 11 8 8 25 217
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[908]
[908]
908
ELECTION FOR THE EIGHTH TERM, 1817-1821
James Monroe, President; Daniel D. Tompkins, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Conn. Del. Ga. Ind. Ky. La. Md. Mass. N.H. N.J. N.Y. N.C. Ohio Pa. R.I. S.C. Tenn. Vt. Va. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
James Monroe, of Virginia... ...... ...... 8 3 12 3 8 ...... 8 8 29 15 8 25 4 11 8 8 25 183
Rufus King, of New York..... 9 3 ...... ...... ...... ...... ...... 22 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 34
===============================================================================================================================================================
For Vice President:
Daniel D. Tompkins, of New ...... ...... 8 3 12 3 8 ...... 8 8 29 15 8 25 4 11 8 8 25 183
York.......................
John E. Howard, of Maryland. ...... ...... ...... ...... ...... ...... ...... 22 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 22
James Ross, of Pennsylvania. 5 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 5
John Marshall, of Virginia.. 4 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 4
Robert G. Harper, of ...... 3 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 3
Maryland...................
===============================================================================================================================================================
Total electoral vote...... 9 3 8 3 12 3 8 22 8 8 29 15 8 25 4 11 8 8 25 217
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[909]
[909]
909
ELECTION FOR THE NINTH TERM, 1821-1825
James Monroe, President; Daniel D. Tompkins, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Conn. Del. Ga. Ill. Ind. Ky. La. Maine Md. Mass. Miss. Mo. N.H. N.J. N.Y. N.C. Ohio Pa. R.I. S.C. Tenn. Vt. Va. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
James Monroe, of Virginia............... 3 9 4 8 3 3 12 3 9 11 15 2 3 7 8 29 15 8 24 4 11 7 8 25 231
John Quincy Adams, of Massachusetts..... .... ..... .... ... .... .... ... ... ..... ... ..... ..... ... 1 .... .... .... .... ... .... .... ..... ... ... 1
===================================================================================================================================================
For Vice President:
Daniel D. Tompkins, of New York......... 3 9 .... 8 3 3 12 3 9 10 7 2 3 7 8 29 15 8 24 4 11 7 8 25 218
Richard Stockton, of New Jersey......... .... ..... .... ... .... .... ... ... ..... ... 8 ..... ... .... .... .... .... .... ... .... .... ..... ... ... 8
Robert G. Harper, of Maryland........... .... ..... .... ... .... .... ... ... ..... 1 ..... ..... ... .... .... .... .... .... ... .... .... ..... ... ... 1
Richard Rush, of Pennsylvania........... .... ..... .... ... .... .... ... ... ..... ... ..... ..... ... 1 .... .... .... .... ... .... .... ..... ... ... 1
Daniel Rodney, of Delaware.............. .... ..... 4 ... .... .... ... ... ..... ... ..... ..... ... .... .... .... .... .... ... .... .... ..... ... ... 4
===================================================================================================================================================
Total electoral vote.................. 3 9 4 8 3 3 12 3 9 11 15 3 3 8 8 29 15 8 25 4 11 8 8 25 *235
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*The whole number of electors appointed was 235, but one elector from each of the States of Pennsylvania, Tennessee, and Mississippi, having died, the number of votes actually cast was 232.
[910]
[910]
910
ELECTION FOR THE TENTH TERM, 1825-1829
John Quincy Adams, President; John C. Calhoun, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Conn. Del. Ga. Ill. Ind. Ky. La. Maine Md. Mass. Miss. Mo. N.H. N.J. N.Y. N.C. Ohio Pa. R.I. S.C. Tenn. Vt. Va. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Andrew Jackson, of Tennessee............ 5 ..... .... ... 2 5 ... 3 ..... 7 ..... 3 ... .... 8 1 15 .... 28 .... 11 11 ... ... *99
John Quincy Adams, of Massachusetts..... .... 8 1 ... 1 .... ... 2 9 3 15 ..... ... 8 .... 26 .... .... ... 4 .... ..... 7 ... *84
William H. Crawford, of Georgia......... .... ..... 2 9 .... .... ... ... ..... 1 ..... ..... ... .... .... 5 .... .... ... .... .... ..... ... 24 41
Henry Clay, of Kentucky................. .... ..... .... ... .... .... 14 ... ..... ... ..... ..... 3 .... .... 4 .... 16 ... .... .... ..... ... ... 37
===================================================================================================================================================
For Vice President:
John C. Calhoun, of South Carolina...... 5 ..... 1 ... 3 5 7 5 9 10 15 3 ... 7 8 29 15 .... 28 3 11 11 7 ... 182
Nathan Sanford, of New York............. .... ..... .... ... .... .... 7 ... ..... ... ..... ..... ... .... .... 7 .... 16 ... .... .... ..... ... ... 30
Nathaniel Macon, of North Carolina...... .... ..... .... ... .... .... ... ... ..... ... ..... ..... ... .... .... .... .... .... ... .... .... ..... ... 24 24
Andrew Jackson, of Tennessee............ .... 8 .... ... .... .... ... ... ..... 1 ..... ..... 3 1 .... .... .... .... ... .... .... ..... ... ... 13
Martin Van Buren, of New York........... .... ..... .... 9 .... .... ... ... ..... ... ..... ..... ... .... .... .... .... .... ... .... .... ..... ... ... 9
Henry Clay, of Kentucky................. .... ..... 2 ... .... .... ... ... ..... ... ..... ..... ... .... .... .... .... .... ... .... .... ..... ... ... 2
===================================================================================================================================================
Total electoral vote.................. 5 8 3 9 3 5 14 5 9 11 15 3 3 8 8 36 15 16 28 4 11 11 7 24 261
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*No choice for President having been made by the people, the election devolved upon the House of Representatives, and John Quincy Adams was elected, receiving the votes of thirteen States to
seven for Andrew Jackson and four for William H. Crawford.
[911]
[911]
911
ELECTION FOR THE ELEVENTH TERM, 1829-1833
Andrew Jackson, President; John C. Calhoun, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Conn. Del. Ga. Ill. Ind. Ky. La. Maine Md. Mass. Miss. Mo. N.H. N.J. N.Y. N.C. Ohio Pa. R.I. S.C. Tenn. Vt. Va. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Andrew Jackson, of Tennessee............ 5 ..... .... 9 3 5 14 5 1 5 ..... 3 3 .... .... 20 15 16 28 .... 11 11 ... 24 178
John Quincy Adams, of Massachusetts..... .... 8 3 ... .... .... ... ... 8 6 15 ..... ... 8 8 16 .... .... ... 4 .... ..... 7 ... 83
===================================================================================================================================================
For Vice President:
John C. Calhoun, of South Carolina...... 5 ..... .... 2 3 5 14 5 1 5 ..... 3 3 .... .... 20 15 16 28 .... 11 11 ... 24 171
Richard Rush, of Pennsylvania........... .... 8 3 ... .... .... ... ... 8 6 15 ..... ... 8 8 16 .... .... ... 4 .... ..... 7 ... 83
William Smith, of South Carolina........ .... ..... .... 7 .... .... ... ... ..... ... ..... ..... ... .... .... .... .... .... ... .... .... ..... ... ... 7
===================================================================================================================================================
Total electoral vote.................. 5 8 3 9 3 5 14 5 9 11 15 3 3 8 8 36 15 16 28 4 11 11 7 24 261
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[912]
[912]
912
ELECTION FOR THE TWELFTH TERM, 1833-1837
Andrew Jackson, President; Martin Van Buren, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Conn. Del. Ga. Ill. Ind. Ky. La. Maine Md. Mass. Miss. Mo. N.H. N.J. N.Y. N.C. Ohio Pa. R.I. S.C. Tenn. Vt. Va. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Andrew Jackson, of Tennessee............ 7 ..... .... 11 5 9 ... 5 10 3 ..... 4 4 7 8 42 15 21 30 .... .... 15 ... 23 219
Henry Clay, of Kentucky................. .... 8 3 ... .... .... 15 ... ..... 5 14 ..... ... .... .... .... .... .... ... 4 .... ..... ... ... 49
John Floyd, of Virginia................. .... ..... .... ... .... .... ... ... ..... ... ..... ..... ... .... .... .... .... .... ... .... 11 ..... ... ... 11
William Wirt, of Maryland............... .... ..... .... ... .... .... ... ... ..... ... ..... ..... ... .... .... .... .... .... ... .... .... ..... 7 ... 7
===================================================================================================================================================
For Vice President:
Martin Van Buren, of New York........... 7 ..... .... 11 5 9 ... 5 10 3 ..... 4 4 7 8 42 15 21 ... .... .... 15 ... 23 189
John Sergeant, of Pennsylvania.......... .... 8 3 ... .... .... 15 ... ..... 5 14 ..... ... .... .... .... .... .... ... 4 .... ..... ... ... 49
William Wilkins, of Pennsylvania........ .... ..... .... ... .... .... ... ... ..... ... ..... ..... ... .... .... .... .... .... 30 .... .... ..... ... ... 30
Henry Lee, of Massachusetts............. .... ..... .... ... .... .... ... ... ..... ... ..... ..... ... .... .... .... .... .... ... .... 11 ..... ... ... 11
Amos Ellmaker, of Pennsylvania.......... .... ..... .... ... .... .... ... ... ..... ... ..... ..... ... .... .... .... .... .... ... .... .... ..... 7 ... 7
===================================================================================================================================================
Total electoral vote.................. 7 8 3 11 5 9 15 5 10 *8 14 4 4 7 8 42 15 21 30 4 11 15 7 23 286
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*Two votes were not given in Maryland.
[913]
[913]
913
ELECTION FOR THE THIRTEENTH TERM, 1837-1841
Martin Van Buren, President; Richard M. Johnson, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Conn. Del. Ga. Ill. Ind. Ky. La. Maine Md. Mass. Mich. Miss. Mo. N.H. N.J. N.Y. N.C. Ohio Pa. R.I. S.C. Tenn. Vt. Va. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Martin Van Buren, of New York.............. 7 3 8 .... ... 5 .... ... 5 10 ..... ...... 3 4 4 7 ..... 42 15 ..... 30 4 ..... ...... ..... 23 170
William H. Harrison, of Ohio............... ..... ..... ...... 3 ... .... 9 15 ... ...... 10 ...... ...... ...... ... ..... 8 ..... ..... 21 ..... ..... ..... ...... 7 ..... 73
Hugh L. White, of Tennessee................ ..... ..... ...... .... 11 .... .... ... ... ...... ..... ...... ...... ...... ... ..... ..... ..... ..... ..... ..... ..... ..... 15 ..... ..... 26
Daniel Webster, of Massachusetts........... ..... ..... ...... .... ... .... .... ... ... ...... ..... 14 ...... ...... ... ..... ..... ..... ..... ..... ..... ..... ..... ...... ..... ..... 14
Willie P. Mangum, of North Carolina........ ..... ..... ...... .... ... .... .... ... ... ...... ..... ...... ...... ...... ... ..... ..... ..... ..... ..... ..... ..... 11 ...... ..... ..... 11
========================================================================================================================================================================================
For Vice President:
Richard M. Johnson, of Kentucky............ 7 3 8 .... ... 5 .... ... 5 10 ..... ...... 3 4 4 7 ..... 42 15 ..... 30 4 ..... ...... ..... ..... *147
Francis Granger, of New York............... ..... ..... ...... 3 ... .... 9 15 ... ...... ..... 14 ...... ...... ... ..... 8 ..... ..... 21 ..... ..... ..... ...... 7 ..... *77
John Tyler, of Virginia.................... ..... ..... ...... .... 11 .... .... ... ... ...... 10 ...... ...... ...... ... ..... ..... ..... ..... ..... ..... ..... 11 15 ..... ..... 47
William Smith, of Alabama.................. ..... ..... ...... .... ... .... .... ... ... ...... ..... ...... ...... ...... ... ..... ..... ..... ..... ..... ..... ..... ..... ...... ..... 23 23
========================================================================================================================================================================================
Total electoral vote..................... 7 3 8 3 11 5 9 15 5 10 10 14 3 4 4 7 8 42 15 21 30 4 11 15 7 23 294
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*There being no choice for Vice President by the people, the election devolved upon the Senate of the United States. Richard M. Johnson received 33 votes and Francis Granger 16 votes. Richard M. Johnson was thereupon declared
elected Vice President.
[914]
[914]
914
ELECTION FOR THE FOURTEENTH TERM, 1841-1845
William Henry Harrison,* President; John Tyler, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Conn. Del. Ga. Ill. Ind. Ky. La. Maine Md. Mass. Mich. Miss. Mo. N.H. N.J. N.Y. N.C. Ohio Pa. R.I. S.C. Tenn. Vt. Va. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
William H. Harrison, of Ohio........................ .... .... 8 3 11 .... 9 15 5 10 10 14 3 4 ... ..... 8 42 15 21 30 4 ..... 15 7 ..... 234
Martin Van Buren, of New York....................... 7 3 ...... .... ... 5 .... ... ... ...... ... ..... ..... ..... 4 7 ..... ..... ..... ..... ..... ..... 11 ...... ... 23 60
===============================================================================================================================================================================
For Vice President:
John Tyler, of Virginia............................. .... .... 8 3 11 .... 9 15 5 10 10 14 3 4 ... ..... 8 42 15 21 30 4 ..... 15 7 ..... 234
R. M. Johnson, of Kentucky.......................... 7 3 ...... .... ... 5 .... ... ... ...... ... ..... ..... ..... 4 7 ..... ..... ..... ..... ..... ..... ..... ...... ... 22 48
L. W. Tazewell, of Virginia......................... .... .... ...... .... ... .... .... ... ... ...... ... ..... ..... ..... ... ..... ..... ..... ..... ..... ..... ..... 11 ...... ... ..... 11
James K. Polk, of Tennessee......................... .... .... ...... .... ... .... .... ... ... ...... ... ..... ..... ..... ... ..... ..... ..... ..... ..... ..... ..... ..... ...... ... 1 1
===============================================================================================================================================================================
Total electoral vote.............................. 7 3 8 3 11 5 9 15 5 10 10 14 3 4 4 7 8 42 15 21 30 4 11 15 7 23 294
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*William Henry Harrison, ninth President of the United States, died at Washington, April 4, 1841. The duties of the Presidential office devolving, in this event, upon John Tyler, Vice President, he accordingly took the oath of
office April 6, 1841.
[915]
[915]
915
ELECTION FOR THE FIFTEENTH TERM, 1845-1849
James K. Polk, President; George M. Dallas, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Conn. Del. Ga. Ill. Ind. Ky. La. Maine Md. Mass. Mich. Miss. Mo. N.H. N.J. N.Y. N.C. Ohio Pa. R.I.* S.C. Tenn. Vt. Va. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
James K. Polk, of Tennessee.................. 9 3 ...... .... 10 9 12 ... 6 9 ..... ...... 5 6 7 6 ..... 36 ..... ..... 26 ..... 9 ...... ... 17 170
Henry Clay, of Kentucky...................... ..... ..... 6 3 ... .... .... 12 ... ...... 8 12 ...... ...... ... ..... 7 ..... 11 23 ..... 4 ..... 13 6 ..... 105
======================================================================================================================================================================================
For Vice President:
George M. Dallas, of Pennsylvania............ 9 3 ...... .... 10 9 12 ... 6 9 ..... ...... 5 6 7 6 ..... 36 ..... ..... 26 ..... 9 ...... ... 17 170
Theodore Frelinghuysen, of New Jersey........ ..... ..... 6 3 ... .... .... 12 ... ...... 8 12 ...... ...... ... ..... 7 ..... 11 23 ..... 4 ..... 13 6 ..... 105
======================================================================================================================================================================================
Total electoral vote....................... 9 3 6 3 10 9 12 12 6 9 8 12 5 6 7 6 7 36 11 23 26 4 9 13 6 17 275
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*And Providence Plantations.
[916]
[916]
916
ELECTION FOR THE SIXTEENTH TERM, 1849-1853
Zachary Taylor,* President; Millard Fillmore, Vice President
--------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Conn. Del. Fla. Ga. Ill. Ind. Iowa Ky. La. Maine Md. Mass. Mich. Miss.
--------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Zachary Taylor, of Louisiana. ..... ..... 6 3 3 10 ..... ..... ...... 12 6 ...... 8 12 ...... ......
Lewis Cass, of Michigan...... 9 3 ...... ..... ..... ..... 9 12 4 ..... ..... 9 ...... ...... 5 6
======================================================================================================================
For Vice President:
Millard Fillmore, of New York ..... ..... 6 3 3 10 ..... ..... ...... 12 6 ...... 8 12 ...... ......
W. O. Butler, of Kentucky.... 9 3 ...... ..... ..... ..... 9 12 4 ..... ..... 9 ...... ...... 5 6
======================================================================================================================
Total electoral vote....... 9 3 6 3 3 10 9 12 4 12 6 9 8 12 5 6
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Mo. N.H. N.J. N.Y. N.C. Ohio Pa. R.I. S.C. Tenn. Tex. Vt. Va. Wis. Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Zachary Taylor, of Louisiana...... ..... ...... 7 36 11 ..... 26 4 ...... 13 ..... 6 ..... ..... 163
Lewis Cass, of Michigan........... 7 6 ...... ...... ...... 23 ...... ...... 9 ...... 4 ..... 17 4 127
=================================================================================================================
For Vice President:
Millard Fillmore, of New York..... ..... ...... 7 36 11 ..... 26 4 ...... 13 ..... 6 ..... ..... 163
W. O. Butler, of Kentucky......... 7 6 ...... ...... ...... 23 ...... ...... 9 ...... 4 ..... 17 4 127
=================================================================================================================
Total electoral vote............ 7 6 7 36 11 23 26 4 9 13 4 6 17 4 290
--------------------------------------------------------------------------------------------------------------------------------------------------------
*Zachary Taylor, twelfth President of the United States, died at Washington, July 9, 1850. The duties of the Presidential office devolving, in this
event, upon the Vice President, Millard Fillmore, he accordingly took the oath of office July 10, 1850.
[917]
[917]
917
ELECTION FOR THE SEVENTEENTH TERM, 1853-1857
Franklin Pierce, President; William R. King, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Calif. Conn. Del. Fla. Ga. Ill. Ind. Iowa Ky. La. Maine Md. Mass. Mich.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Franklin Pierce, of New Hampshire........................... 9 4 4 6 3 3 10 11 13 4 ...... 6 8 8 ...... 6
Winfield Scott, of New Jersey............................... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 12 ...... ...... ...... 13 ......
===============================================================================================================================
For Vice President:
William R. King, of Alabama................................. 9 4 4 6 3 3 10 11 13 4 ...... 6 8 8 ...... 6
William A. Graham, of North Carolina........................ ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 12 ...... ...... ...... 13 ......
===============================================================================================================================
Total electoral vote...................................... 9 4 4 6 3 3 10 11 13 4 12 6 8 8 13 6
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Miss. Mo. N.H. N.J. N.Y. N.C. Ohio Pa. R.I. S.C. Tenn. Tex. Vt. Va. Wis. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Franklin Pierce, of New Hampshire........................... 7 9 5 7 35 10 23 27 4 8 ...... 4 ...... 15 5 254
Winfield Scott, of New Jersey............................... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 12 ...... 5 ...... ...... 42
===============================================================================================================================
For Vice President:
William R. King, of Alabama................................. 7 9 5 7 35 10 23 27 4 8 ...... 4 ...... 15 5 254
William A. Graham, of North Carolina........................ ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 12 ...... 5 ...... ...... 42
===============================================================================================================================
Total electoral vote...................................... 7 9 5 7 35 10 23 27 4 8 12 4 5 15 5 296
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[918]
[918]
918
ELECTION FOR THE EIGHTEENTH TERM, 1857-1861
James Buchanan, President; John C. Breckinridge, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Calif. Conn. Del. Fla. Ga. Ill. Ind. Iowa Ky. La. Maine Md. Mass. Mich.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
James Buchanan, of Pennsylvania............................. 9 4 4 ...... 3 3 10 11 13 ...... 12 6 ...... ...... ...... ......
John C. Fremont, of California.............................. ...... ...... ...... 6 ...... ...... ...... ...... ...... 4 ...... ...... 8 ...... 13 6
Millard Fillmore, of New York............................... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 8 ...... ......
===============================================================================================================================
For Vice President:
John C. Breckinridge, of Kentucky........................... 9 4 4 ...... 3 3 10 11 13 ...... 12 6 ...... ...... ...... ......
William L. Dayton, of New Jersey............................ ...... ...... ...... 6 ...... ...... ...... ...... ...... 4 ...... ...... 8 ...... 13 6
Andrew J. Donelson, of Tennessee............................ ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 8 ...... ......
===============================================================================================================================
Total electoral vote...................................... 9 4 4 6 3 3 10 11 13 4 12 6 8 8 13 6
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Miss. Mo. N.H. N.J. N.Y. N.C. Ohio Pa. R.I. S.C. Tenn Tex. Vt. Va. Wis. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
James Buchanan, of Pennsylvania............................. 7 9 ...... 7 ...... 10 ...... 27 ...... 8 12 4 ...... 15 ...... 174
John C. Fremont, of California.............................. ...... ...... 5 ...... 35 ...... 23 ...... 4 ...... ...... ...... 5 ...... 5 114
Millard Fillmore, of New York............................... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 8
===============================================================================================================================
For Vice President:
John C. Breckinridge, of Kentucky........................... 7 9 ...... 7 ...... 10 ...... 27 ...... 8 12 4 ...... 15 ...... 174
William L. Dayton, of New Jersey............................ ...... ...... 5 ...... 35 ...... 23 ...... 4 ...... ...... ...... 5 ...... 5 114
Andrew J. Donelson, of Tennessee............................ ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 8
===============================================================================================================================
Total electoral vote...................................... 7 9 5 7 35 10 23 27 4 8 12 4 5 15 5 296
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[919]
[919]
919
ELECTION FOR THE NINETEENTH TERM, 1861-1865
Abraham Lincoln, President; Hannibal Hamlin, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Calif. Conn. Del. Fla. Ga. Ill. Ind. Iowa Ky. La. Maine Md. Mass. Mich. Minn.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Abraham Lincoln, of Illinois........................ ...... ...... 4 6 ...... ...... ...... 11 13 4 ...... ...... 8 ...... 13 6 4
John C. Breckinridge, of Kentucky................... 9 4 ...... ...... 3 3 10 ...... ...... ...... ...... 6 ...... 8 ...... ...... ......
John Bell, of Tennessee............................. ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 12 ...... ...... ...... ...... ...... ......
Stephen A. Douglas, of Illinois..................... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ......
=======================================================================================================================================
For Vice President:
Hannibal Hamlin, of Maine........................... ...... ...... 4 6 ...... ...... ...... 11 13 4 ...... ...... 8 ...... 13 6 4
Joseph Lane, of Oregon.............................. 9 4 ...... ...... 3 3 10 ...... ...... ...... ...... 6 ...... 8 ...... ...... ......
Edward Everett, of Massachusetts.................... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 12 ...... ...... ...... ...... ...... ......
Herschel V. Johnson, of Georgia..................... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ......
=======================================================================================================================================
Total electoral vote.............................. 9 4 4 6 3 3 10 11 13 4 12 6 8 8 13 6 4
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Miss. Mo. N.H. N.J. N.Y. N.C. Ohio Oreg. Pa. R.I. S.C. Tenn. Texas Vt. Va. Wis. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Abraham Lincoln, of Illinois........................ ...... ...... 5 4 35 ...... 23 3 27 4 ...... ...... ...... 5 ...... 5 180
John C. Breckinridge, of Kentucky................... 7 ...... ...... ...... ...... 10 ...... ...... ...... ...... 8 ...... 4 ...... ...... ...... 72
John Bell, of Tennessee............................. ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 12 ...... ...... 15 ...... 39
Stephen A. Douglas, of Illinois..................... ...... 9 ...... 3 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 12
=======================================================================================================================================
For Vice President:
Hannibal Hamlin, of Maine........................... ...... ...... 5 4 35 ...... 23 3 27 4 ...... ...... ...... 5 ...... 5 180
Joseph Lane, of Oregon.............................. 7 ...... ...... ...... ...... 10 ...... ...... ...... ...... 8 ...... 4 ...... ...... ...... 72
Edward Everett, of Massachusetts.................... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 12 ...... ...... 15 ...... 39
Herschel V. Johnson, of Georgia..................... ...... 9 ...... 3 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 12
=======================================================================================================================================
Total electoral vote.............................. 7 9 5 7 35 10 23 3 27 4 8 12 4 5 15 5 303
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[920]
[920]
920
ELECTION FOR THE TWENTIETH TERM, 1865-1869
Abraham Lincoln,* President; Andrew Johnson, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Calif. Conn. Del. Fla. Ga. Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Abraham Lincoln, of Illinois........ ...... ...... 5 6 ...... ...... ...... 16 13 8 3 ...... ...... 7 7 12 8 4 ......
George B. McClellan, of New Jersey.. ...... ...... ...... ...... 3 ...... ...... ...... ...... ...... ...... 11 ...... ...... ...... ...... ...... ...... ......
=======================================================================================================================================================
For Vice President:
Andrew Johnson, of Tennessee........ ...... ...... 5 6 ...... ...... ...... 16 13 8 3 ...... ...... 7 7 12 8 4 ......
George H. Pendleton, of Ohio........ ...... ...... ...... ...... 3 ...... ...... ...... ...... ...... ...... 11 ...... ...... ...... ...... ...... ...... ......
=======================================================================================================================================================
Total electoral vote.............. ...... ...... 5 6 3 ...... ...... 16 13 8 3 11 ...... 7 7 12 8 4 ......
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Mo. Nev. N.H. N.J. N.Y. N.C. Ohio Oreg. Pa. R.I. S.C. Tenn. Tex. Vt. Va. W. Va. Wis. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Abraham Lincoln, of Illinois................ 11 2 5 ...... 33 ...... 21 3 26 4 ...... ...... ...... 5 ...... 5 8 212
George B. McClellan, of New Jersey.......... ...... ...... ...... 7 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 21
===============================================================================================================================================
For Vice President:
Andrew Johnson, of Tennessee................ 11 2 5 ...... 33 ...... 21 3 26 4 ...... ...... ...... 5 ...... 5 8 212
George H. Pendleton, of Ohio................ ...... ...... ...... 7 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 21
===============================================================================================================================================
Total electoral vote...................... 11 2 5 7 33 ...... 21 3 26 4 ...... ...... ...... 5 ...... 5 8 233
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*Abraham Lincoln, the sixteenth President of the United States, was shot by an assassin on the night of April 14, 1865, and died the following morning. The duties of the Presidential office
devolving, in this event, upon the Vice President, Andrew Johnson, he accordingly took the oath of office April 15, 1865.
[921]
[921]
921
ELECTION FOR THE TWENTY-FIRST TERM, 1869-1873
Ulysses S. Grant, President; Schuyler Colfax, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Calif. Conn. Del. Fla. Ga. Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Ulysses S. Grant, of Illinois. 8 5 5 6 ..... 3 ..... 16 13 8 3 ..... ..... 7 ..... 12 8 4 ....... 11
Horatio Seymour, of New York.. ..... ..... ....... ....... 3 ..... 9 ..... ..... ....... ....... 11 7 ....... 7 ....... ....... ....... ....... .....
=============================================================================================================================================================
For Vice President:
Schuyler Colfax, of Indiana... 8 5 5 6 ..... 3 ..... 16 13 8 3 ..... ..... 7 ..... 12 8 4 ....... 11
Francis P. Blair, Jr., of ..... ..... ....... ....... 3 ..... 9 ..... ..... ....... ....... 11 7 ....... 7 ....... ....... ....... ....... .....
Missouri.....................
=============================================================================================================================================================
Total electoral vote........ 8 5 5 6 3 3 9 16 13 8 3 11 7 7 7 12 8 4 ....... 11
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total, Total,
excluding including
Name of candidate Nebr. Nev. N.H. N.J. N.Y. N.C. Ohio Oreg. Pa. R.I. S.C. Tenn. Tex. Vt. Va. W. Va. Wis. vote of vote of
Georgia Georgia
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Ulysses S. Grant, of Illinois........ 3 3 5 ..... ..... 9 21 ....... 26 4 6 10 ..... 5 ..... 5 8 214 214
Horatio Seymour, of New York......... ....... ..... ..... 7 33 ..... ....... 3 ..... ..... ..... ....... ..... ..... ..... ....... ..... 71 80
======================================================================================================================================================
For Vice President:
Schuyler Colfax, of Indiana.......... 3 3 5 ..... ..... 9 21 ....... 26 4 6 10 ..... 5 ..... 5 8 214 214
Francis P. Blair, Jr., of Missouri... ....... ..... ..... 7 33 ..... ....... 3 ..... ..... ..... ....... ..... ..... ..... ....... ..... 71 80
======================================================================================================================================================
Total electoral vote............... 3 3 5 7 33 9 21 3 26 4 6 10 ..... 5 ..... 5 8 285 29
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[922]
[922]
922
ELECTION FOR THE TWENTY-SECOND TERM, 1873-1877
Ulysses S. Grant, President; Henry Wilson,* Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Calif. Conn. Del. Fla. Ga. Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Ulysses S. Grant, of Illinois....... 10 ...... 6 6 3 4 ...... 21 15 11 5 ...... ...... 7 ...... 13 11 5 8
Horace Greeley, of New York......... ...... ...... ...... ...... ...... ...... (By resolution of the House, 3 votes cast for Horace Greeley were not counted.
[922]
[922]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Mo. Nebr. Nev. N.H. N.J. N.Y. N.C. Ohio Oreg. Pa. R.I. S.C. Tenn. Tex. Vt. Va. W. Va. Wis. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Ulysses S. Grant, of Illinois....... ...... 3 3 5 9 35 10 22 3 29 4 7 ...... ...... 5 11 5 10 286
Horace Greeley, of New York......... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ......
B. Gratz Brown, of Missouri......... 8 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 18
Thomas A. Hendricks, of Indiana..... 6 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 12 8 ...... ...... ...... ...... 42
Charles J. Jenkins, of Georgia...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 2
David Davis, of Illinois............ 1 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 1
=======================================================================================================================================================
For Vice President:
Henry Wilson, of Massachusetts...... ...... 3 3 5 9 35 10 22 3 29 4 7 ...... ...... 5 11 5 10 286
B. Gratz Brown, of Missouri......... 6 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 12 8 ...... ...... ...... ...... 47
N. P. Banks, of Massachusetts....... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 1
George W. Julian, of Indiana........ 5 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 5
Alfred H. Colquitt, of Georgia...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 5
John M. Palmer, of Illinois......... 3 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 3
Thomas E. Bramlette, of Kentucky.... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 3
William S. Groesbeck, of Ohio....... 1 ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 1
Willis B. Machen, of Kentucky....... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... ...... 1
=======================================================================================================================================================
Total electoral vote.............. 15 3 3 5 9 35 10 22 3 29 4 7 12 8 5 11 5 10 352
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[923]
[923]
923
ELECTION FOR THE TWENTY-THIRD TERM, 1877-1881
Rutherford B. Hayes, President; William A. Wheeler, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Calif. Colo. Conn. Del. Fla. Ga. Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Rutherford B. Hayes, of Ohio.. ..... ..... 6 3 ..... ..... 4 ..... 21 ....... 11 5 ..... 8 7 ....... 13 11 5 .....
Samuel J. Tilden, of New York. 10 6 ....... ....... 6 3 ..... 11 ..... 15 ....... ..... 12 ....... ..... 8 ....... ....... ....... 8
=============================================================================================================================================================
For Vice President:
William A. Wheeler, of New ..... ..... 6 3 ..... ..... 4 ..... 21 ....... 11 5 ..... 8 7 ....... 13 11 5 .....
York.........................
Thomas A. Hendricks, of 10 6 ....... ....... 6 3 ..... 11 ..... 15 ....... ..... 12 ....... ..... 8 ....... ....... ....... 8
Indiana......................
=============================================================================================================================================================
Total electoral vote........ 10 6 6 3 6 3 4 11 21 15 11 5 12 8 7 8 13 11 5 8
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Mo. Nebr. Nev. N.H. N.J. N.Y. N.C. Ohio Oreg. Pa. R.I. S.C. Tenn. Tex. Vt. Va. W. Va. Wis. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Rutherford B. Hayes, of Ohio............... ..... 3 3 5 ..... ...... ...... 22 3 29 4 7 ....... ..... 5 ... ....... 10 185
Samuel J. Tilden, of New York.............. 15 ....... ...... ...... 9 35 10 ...... ...... ..... ...... ...... 12 8 ... 11 5 ..... 184
================================================================================================================================================
For Vice President:
William A. Wheeler, of New York............ ..... 3 3 5 ..... ...... ...... 22 3 29 4 7 ....... ..... 5 ... ....... 10 185
Thomas A. Hendricks, of Indiana............ 15 ....... ...... ...... 9 35 10 ...... ...... ..... ...... ...... 12 8 ... 11 5 ..... 184
================================================================================================================================================
Total electoral vote..................... 15 3 3 5 9 35 10 22 3 29 4 7 12 8 5 11 5 10 369
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[924]
[924]
924
ELECTION FOR THE TWENTY-FOURTH TERM, 1881-1885
James A. Garfield,* President; Chester A. Arthur, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Calif. Colo. Conn. Del. Fla. Ga. Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
James A. Garfield, of Ohio.... ..... ..... 1 3 6 ..... ..... ..... 21 15 11 5 ..... ....... 7 ....... 13 11 5 .....
Winfield S. Hancock, of 10 6 5 ....... ..... 3 4 11 ..... ....... ....... ..... 12 8 ..... 8 ....... ....... ....... 8
Pennsylvania.................
=============================================================================================================================================================
For Vice President:
Chester A. Arthur, of New York ..... ..... 1 3 6 ..... ..... ..... 21 15 11 5 ..... ....... 7 ....... 13 11 5 .....
William H. English, of Indiana 10 6 5 ....... ..... 3 4 11 ..... ....... ....... ..... 12 8 ..... 8 ....... ....... ....... 8
=============================================================================================================================================================
Total electoral vote........ 10 6 6 3 6 3 4 11 21 15 11 5 12 8 7 8 13 11 5 8
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Mo. Nebr. Nev. N.H. N.J. N.Y. N.C. Ohio Oreg. Pa. R.I. S.C. Tenn. Tex. Vt. Va. W. Va. Wis. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
James A. Garfield, of Ohio................. ..... 3 ...... 5 ..... 35 ...... 22 3 29 4 ...... ....... ..... 5 ... ....... 10 214
Winfield S. Hancock, of Pennsylvania....... 15 ....... 3 ...... 9 ...... 10 ...... ...... ..... ...... 7 12 8 ... 11 5 ..... 155
================================================================================================================================================
For Vice President:
Chester A. Arthur, of New York............. ..... 3 ...... 5 ..... 35 ...... 22 3 29 4 ...... ....... ..... 5 ... ....... 10 214
William H. English, of Indiana............. 15 ....... 3 ...... 9 ...... 10 ...... ...... ..... ...... 7 12 8 ... 11 5 ..... 155
================================================================================================================================================
Total electoral vote..................... 15 3 3 5 9 35 10 22 3 29 4 7 12 8 5 11 5 10 369
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*James A. Garfield, the twentieth President of the United States, was shot by an assassin July 2, 1881, and died from the effects of his wounds September 19, 1881. The duties of the
Presidential office devolving, in this event, upon the Vice President, Chester A. Arthur, he accordingly took the oath of office in New York City, September 20, 1881, and again formally took
the oath of office at Washington, September 22, 1881.
The vote of Georgia, cast on the 8th of December, second Wednesday of the month, if not counted would reduce this total to 144.
[925]
[925]
925
ELECTION FOR THE TWENTY-FIFTH TERM, 1885-1889
Grover Cleveland, President; Thomas A. Hendricks,* Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Calif. Colo. Conn. Del. Fla. Ga. Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Grover Cleveland, of New York. 10 7 ....... ....... 6 3 4 12 ..... 15 ....... ..... 13 8 ..... 8 ....... ....... ....... 9
James G. Blaine, of Maine..... ..... ..... 8 3 ..... ..... ..... ..... 22 ....... 13 9 ..... ....... 6 ....... 14 13 7 .....
=============================================================================================================================================================
For Vice President:
Thomas A. Hendricks, of 10 7 ....... ....... 6 3 4 12 ..... 15 ....... ..... 13 8 ..... 8 ....... ....... ....... 9
Indiana......................
John A. Logan, of Illinois.... ..... ..... 8 3 ..... ..... ..... ..... 22 ....... 13 9 ..... ....... 6 ....... 14 13 7 .....
=============================================================================================================================================================
Total electoral vote........ 10 7 8 3 6 3 4 12 22 15 13 9 13 8 6 8 14 13 7 9
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Mo. Nebr. Nev. N.H. N.J. N.Y. N.C. Ohio Oreg. Pa. R.I. S.C. Tenn. Tex. Vt. Va. W. Va. Wis. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Grover Cleveland, of New York.............. 16 ....... ...... ...... 9 36 11 ...... ...... ..... ...... 9 12 13 ... 12 6 ..... 219
James G. Blaine, of Maine.................. ..... 5 3 4 ..... ...... ...... 23 3 30 4 ...... ....... ..... 4 ... ....... 11 182
================================================================================================================================================
For Vice President:
Thomas A. Hendricks, of Indiana............ 16 ....... ...... ...... 9 36 11 ...... ...... ..... ...... 9 12 13 ... 12 6 ..... 219
John A. Logan, of Illinois................. ..... 5 3 4 ..... ...... ...... 23 3 30 4 ...... ....... ..... 4 ... ....... 11 182
================================================================================================================================================
Total electoral vote..................... 16 5 3 4 9 36 11 23 3 30 4 9 12 13 4 12 6 11 401
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*Thomas A. Hendricks died at Indianapolis, Ind., Nov. 25, 1885, aged 66 years.
[926]
[926]
926
ELECTION FOR THE TWENTY-SIXTH TERM, 1889-1893
Benjamin Harrison, President; Levi P. Morton, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Calif. Colo. Conn. Del. Fla. Ga. Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Benjamin Harrison, of Indiana. ..... ..... 8 3 ..... ..... ..... ..... 22 15 13 9 ..... ....... 6 ....... 14 13 7 .....
Grover Cleveland, of New York. 10 7 ....... ....... 6 3 4 12 ..... ....... ....... ..... 13 8 ..... 8 ....... ....... ....... 9
=============================================================================================================================================================
For Vice President:
Levi P. Morton, of New York... ..... ..... 8 3 ..... ..... ..... ..... 22 15 13 9 ..... ....... 6 ....... 14 13 7 .....
Allen G. Thurman, of Ohio..... 10 7 ....... ....... 6 3 4 12 ..... ....... ....... ..... 13 8 ..... 8 ....... ....... ....... 9
=============================================================================================================================================================
Total electoral vote........ 10 7 8 3 6 3 4 12 22 15 13 9 13 8 6 8 14 13 7 9
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Mo. Nebr. Nev. N.H. N.J. N.Y. N.C. Ohio Oreg. Pa. R.I. S.C. Tenn. Tex. Vt. Va. W. Va. Wis. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Benjamin Harrison, of Indiana.............. ..... 5 3 4 ..... 36 ...... 23 3 30 4 ...... ....... ..... 4 ... ....... 11 233
Grover Cleveland, of New York.............. 16 ....... ...... ...... 9 ...... 11 ...... ...... ..... ...... 9 12 13 ... 12 6 ..... 168
================================================================================================================================================
For Vice President:
Levi P. Morton, of New York................ ..... 5 3 4 ..... 36 ...... 23 3 30 4 ...... ....... ..... 4 ... ....... 11 233
Allen G. Thurman, of Ohio.................. 16 ....... ...... ...... 9 ...... 11 ...... ...... ..... ...... 9 12 13 ... 12 6 ..... 168
================================================================================================================================================
Total electoral vote..................... 16 5 3 4 9 36 11 23 3 30 4 9 12 13 4 12 6 11 401
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[927]
[927]
927
ELECTION FOR THE TWENTY-SEVENTH TERM, 1893-1897
Grover Cleveland, President; Adlai E. Stevenson, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Calif. Colo. Conn. Del. Fla. Ga. Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Grover Cleveland, of New York............................ 11 8 8 ...... 6 3 4 13 ...... 24 15 ..... ...... 13 8 ...... 8 ..... 5 ...... 9 17 ......
Benjamin Harrison, of Indiana............................ ..... ..... 1 ...... ...... ..... ..... ..... ...... ..... ..... 13 ...... ..... ..... 6 ...... 15 9 9 ..... ...... 3
James B. Weaver, of Iowa................................. ..... ..... ...... 4 ...... ..... ..... ..... 3 ..... ..... ..... 10 ..... ..... ...... ...... ..... ..... ...... ..... ...... ......
==========================================================================================================================================================================
For Vice President:
Adlai E. Stevenson, of Illinois.......................... 11 8 8 ...... 6 3 4 13 ...... 24 15 ..... ...... 13 8 ...... 8 ..... 5 ...... 9 17 ......
Whitelaw Reid, of New York............................... ..... ..... 1 ...... ...... ..... ..... ..... ...... ..... ..... 13 ...... ..... ..... 6 ...... 15 9 9 ..... ...... 3
James G. Field, of Virginia.............................. ..... ..... ...... 4 ...... ..... ..... ..... 3 ..... ..... ..... 10 ..... ..... ...... ...... ..... ..... ...... ..... ...... ......
==========================================================================================================================================================================
Total electoral vote................................... 11 8 9 4 6 3 4 13 3 24 15 13 10 13 8 6 8 15 14 9 9 17 3
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
N. S.
Name of candidate Nebr. Nev. N.H. N.J. N.Y. N.C. Dak. Ohio Oreg. Pa. R.I. S.C. Dak. Tenn. Tex. Vt. Va. Wash. W. Va. Wis. Wyo. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Grover Cleveland, of New York................................. ...... ..... ..... 10 36 11 1 1 ...... ..... ..... 9 ...... 12 15 ..... 12 ....... 6 12 ...... 277
Benjamin Harrison, of Indiana................................. 8 ..... 4 ..... ..... ..... 1 22 3 32 4 ..... 4 ...... ..... 4 ..... 4 ....... ..... 3 145
James B. Weaver, of Iowa...................................... ...... 3 ..... ..... ..... ..... 1 ...... 1 ..... ..... ..... ...... ...... ..... ..... ..... ....... ....... ..... ...... 22
=====================================================================================================================================================================
For Vice President:
Adlai E. Stevenson, of Illinois............................... ...... ..... ..... 10 36 11 1 1 ...... ..... ..... 9 ...... 12 15 ..... 12 ....... 6 12 ...... 277
Whitelaw Reid, of New York.................................... 8 ..... 4 ..... ..... ..... 1 22 3 32 4 ..... 4 ...... ..... 4 ..... 4 ....... ..... 3 145
James G. Field, of Virginia................................... ...... 3 ..... ..... ..... ..... 1 ...... 1 ..... ..... ..... ...... ...... ..... ..... ..... ....... ....... ..... ...... 22
=====================================================================================================================================================================
Total electoral vote........................................ 8 3 4 10 36 11 3 23 4 32 4 9 4 12 15 4 12 4 6 12 3 444
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[928]
[928]
928
ELECTION FOR THE TWENTY-EIGHTH TERM, 1897-1901
William McKinley, President; Garret A. Hobart,* Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Calif. Colo. Conn. Del. Fla. Ga. Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
William McKinley, of Ohio.............................. ..... ..... 8 ...... 6 3 ..... ..... ...... 24 15 13 ...... 12 ..... 6 8 15 14 9 ...... ..... .....
William J. Bryan, of Nebraska.......................... 11 8 1 4 ...... ..... 4 13 3 ..... ..... ...... 10 1 8 ....... ..... ...... ...... ...... 9 17 3
============================================================================================================================================================================
For Vice President:
Garret A. Hobart, of New Jersey........................ ..... ..... 8 ...... 6 3 ..... ..... ...... 24 15 13 ...... 12 ..... 6 8 15 14 9 ...... ..... .....
Arthur Sewall, of Maine................................ 11 5 1 4 ...... ..... 4 13 3 ..... ..... ...... 10 1 4 ....... ..... ...... ...... ...... 9 13 2
Thomas E. Watson, of Georgia........................... ..... 3 ...... ...... ...... ..... ..... ..... ...... ..... ..... ...... ...... ..... 4 ....... ..... ...... ...... ...... ...... 4 1
============================================================================================================================================================================
Total electoral vote................................. 11 8 9 4 6 3 4 13 3 24 15 13 10 13 8 6 8 15 14 9 9 17 3
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
N. S.
Name of candidate Nebr. Nev. N.H. N.J. N.Y. N.C. Dak. Ohio Oreg. Pa. R.I. S.C. Dak. Tenn. Tex. Utah Vt. Va. Wash. W. Va. Wis. Wyo. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
William McKinley, of Ohio............................... ...... ..... 4 10 36 ..... 3 23 4 32 4 ..... ...... ...... ..... ...... 4 ..... ...... 6 12 ..... 271
William J. Bryan, of Nebraska........................... 8 3 ..... ..... ..... 11 ...... ...... ...... ..... ..... 9 4 12 15 3 ..... 12 4 ....... ..... 3 176
===========================================================================================================================================================================
For Vice President:
Garret A. Hobart, of New Jersey......................... ...... ..... 4 10 36 ..... 3 23 4 32 4 ..... ...... ...... ..... ...... 4 ..... ...... 6 12 ..... 271
Arthur Sewall, of Maine................................. 4 3 ..... ..... ..... 6 ...... ...... ...... ..... ..... 9 2 12 15 2 ..... 12 2 ....... ..... 2 149
Thomas E. Watson, of Georgia............................ 4 ..... ..... ..... ..... 5 ...... ...... ...... ..... ..... ..... 2 ...... ..... 1 ..... ..... 2 ....... ..... 1 27
===========================================================================================================================================================================
Total electoral vote.................................. 8 3 4 10 36 11 3 23 4 32 4 9 4 12 15 3 4 12 4 6 12 3 447
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*Garret A. Hobart died at Paterson, N.J., Nov. 21, 1899, aged 55 years.
[929]
[929]
929
ELECTION FOR THE TWENTY-NINTH TERM, 1901-1905
William McKinley,* President; Theodore Roosevelt, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Calif. Colo. Conn. Del. Fla. Ga. Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
William McKinley, of Ohio.............................. ..... ..... 9 ...... 6 3 ..... ..... ...... 24 15 13 10 ..... ..... 6 8 15 14 9 ...... ..... ......
William J. Bryan, of Nebraska.......................... 11 8 ...... 4 ...... ..... 4 13 3 ..... ..... ...... ...... 13 8 ...... ..... ...... ...... ...... 9 17 3
============================================================================================================================================================================
For Vice President:
Theodore Roosevelt, of New York........................ ..... ..... 9 ...... 6 3 ..... ..... ...... 24 15 13 10 ..... ..... 6 8 15 14 9 ...... ..... ......
Adlai E. Stevenson, of Illinois........................ 11 8 ...... 4 ...... ..... 4 13 3 ..... ..... ...... ...... 13 8 ...... ..... ...... ...... ...... 9 17 3
============================================================================================================================================================================
Total electoral vote................................. 11 8 9 4 6 3 4 13 3 24 15 13 10 13 8 6 8 15 14 9 9 17 3
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
N. S.
Name of candidate Nebr. Nev. N.H. N.J. N.Y. N.C. Dak. Ohio Oreg. Pa. R.I. S.C. Dak. Tenn. Tex. Utah Vt. Va. Wash. W. Va. Wis. Wyo. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
William McKinley, of Ohio.................................. 8 ..... 4 10 36 ..... 3 23 4 32 4 ..... 4 ..... ..... 3 4 ..... 4 6 12 3 292
William J. Bryan, of Nebraska.............................. ..... 3 ..... ..... ..... 11 ..... ..... ...... ..... ..... 9 ...... 12 15 ...... ..... 12 ....... ....... ..... ..... 155
========================================================================================================================================================================
For Vice President:
Theodore Roosevelt, of New York............................ 8 ..... 4 10 36 ..... 3 23 4 32 4 ..... 4 ..... ..... 3 4 ..... 4 6 12 3 292
Adlai E. Stevenson, of Illinois............................ ..... 3 ..... ..... ..... 11 ..... ..... ...... ..... ..... 9 ...... 12 15 ...... ..... 12 ....... ....... ..... ..... 155
========================================================================================================================================================================
Total electoral vote..................................... 8 3 4 10 36 11 3 23 4 32 4 9 4 12 15 3 4 12 4 6 12 3 447
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*William McKinley, the twenty-fourth President of the United States, was shot by an assassin Sept. 6, 1901, and died Sept. 14, 1901. The duties of the Presidential office devolving, in this event, upon the Vice President, Theodore
Roosevelt, he accordingly took the oath of office at Buffalo, N.Y., on Sept. 14, 1901.
[930]
[930]
930
ELECTION FOR THE THIRTIETH TERM, 1905-1909
Theodore Roosevelt, President; Charles Warren Fairbanks, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Calif. Colo. Conn. Del. Fla. Ga. Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Theodore Roosevelt, of New York........................ ..... ..... 10 5 7 3 ..... ..... 3 27 15 13 10 ..... ..... 6 1 16 14 11 ...... 18 3
Alton B. Parker, of New York........................... 11 9 ...... ...... ...... ..... 5 13 ...... ..... ..... ...... ...... 13 9 ...... 7 ...... ...... ...... 10 ..... ......
============================================================================================================================================================================
For Vice President:
Charles W. Fairbanks, of Indiana....................... ..... ..... 10 5 7 3 ..... ..... 3 27 15 13 10 ..... ..... 6 1 16 14 11 ...... 18 3
Henry G. Davis, of West Virginia....................... 11 9 ...... ...... ...... ..... 5 13 ...... ..... ..... ...... ...... 13 9 ...... 7 ...... ...... ...... 10 ..... ......
============================================================================================================================================================================
Total electoral vote................................. 11 9 10 5 7 3 5 13 3 27 15 13 10 13 9 6 8 16 14 11 10 18 3
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
N. S.
Name of candidate Nebr. Nev. N.H. N.J. N.Y. N.C. Dak. Ohio Oreg. Pa. R.I. S.C. Dak. Tenn. Tex. Utah Vt. Va. Wash. W. Va. Wis. Wyo. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Theodore Roosevelt, of New York........................... 8 3 4 12 39 ..... 4 23 4 34 4 ...... 4 ..... ..... 3 4 ...... 5 7 13 3 336
Alton B. Parker, of New York.............................. ..... ..... ..... ..... ..... 12 ..... ..... ...... ..... ..... 9 ...... 12 18 ...... ..... 12 ...... ...... ...... ..... 140
=========================================================================================================================================================================
For Vice President:
Charles W. Fairbanks, of Indiana.......................... 8 3 4 12 39 ..... 4 23 4 34 4 ...... 4 ..... ..... 3 4 ...... 5 7 13 3 336
Henry G. Davis, of West Virginia.......................... ..... ..... ..... ..... ..... 12 ..... ..... ...... ..... ..... 9 ...... 12 18 ...... ..... 12 ...... ...... ...... ..... 140
=========================================================================================================================================================================
Total electoral vote.................................... 8 3 4 12 39 12 4 23 4 34 4 9 4 12 18 3 4 12 5 7 13 3 476
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[931]
[931]
931
ELECTION FOR THE THIRTY-FIRST TERM, 1909-1913
William Howard Taft, President; James Schoolcraft Sherman,* Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ark. Calif. Colo. Conn. Del. Fla. Ga. Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
William H. Taft, of Ohio...................................... ..... ..... 10 ...... 7 3 ..... ... 3 27 15 13 10 ..... ... 6 2 16 14 11 ..... 18 3
William J. Bryan, of Nebraska................................. 11 9 ...... 5 ....... ..... 5 13 ....... .... ..... ...... ...... 13 9 ....... 6 ...... ...... ...... 10 ... ......
=====================================================================================================================================================================
For Vice President:
James S. Sherman, of New York................................. ..... ..... 10 ...... 7 3 ..... ... 3 27 15 13 10 ..... ... 6 2 16 14 11 ..... 18 3
John W. Kern, of Indiana...................................... 11 9 ...... 5 ....... ..... 5 13 ....... .... ..... ...... ...... 13 9 ....... 6 ...... ...... ...... 10 ... ......
=====================================================================================================================================================================
Total electoral vote........................................ 11 9 10 5 7 3 5 13 3 27 15 13 10 13 9 6 8 16 14 11 10 18 3
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Nebr. Nev. N.H. N.J. N.Y. N.C. N. Dak. Ohio Okla. Oreg. Pa. R.I. S.C. S. Dak. Tenn. Tex. Utah Vt. Va. Wash. W. Va. Wis. Wyo. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
William H. Taft, of Ohio.............................. ...... ..... 4 12 39 ..... 4 23 ..... 4 34 4 ..... 4 ...... ..... 3 4 ... 5 7 13 3 321
William J. Bryan, of Nebraska......................... 8 3 ..... .... ..... 12 ........ ..... 7 ..... ... ..... 9 ........ 12 18 ...... ... 12 ...... ....... .... ..... 162
=============================================================================================================================================================================
For Vice President:
James S. Sherman, of New York......................... ...... ..... 4 12 39 ..... 4 23 ..... 4 34 4 ..... 4 ...... ..... 3 4 ... 5 7 13 3 321
John W. Kern, of Indiana.............................. 8 3 ..... .... ..... 12 ........ ..... 7 ..... ... ..... 9 ........ 12 18 ...... ... 12 ...... ....... .... ..... 162
=============================================================================================================================================================================
Total electoral vote................................ 8 3 4 12 39 12 4 23 7 4 34 4 9 4 12 18 3 4 12 5 7 13 3 483
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*James S. Sherman died at Utica, N.Y., Oct. 30, 1912, aged 57 years.
[932]
[932]
932
ELECTION FOR THE THIRTY-SECOND TERM, 1913-1917
Woodrow Wilson, President; Thomas Riley Marshall, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ariz. Ark. Calif. Colo. Conn. Del. Fla. Ga. Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont. Neb.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Woodrow Wilson, of New Jersey........................... 12 3 9 2 6 7 3 6 14 4 29 15 13 10 13 10 6 8 18 ...... ...... 10 18 4 8
Theodore Roosevelt, of New York......................... .... ..... .... 11 ...... ...... .... .... ... ...... .... ..... ...... ...... ... ... ....... ... ...... 15 12 ..... ... ...... .....
William H. Taft, of Ohio................................ .... ..... .... ...... ...... ...... .... .... ... ...... .... ..... ...... ...... ... ... ....... ... ...... ...... ...... ..... ... ...... .....
===========================================================================================================================================================================
For Vice President:
Thomas R. Marshall, of Indiana.......................... 12 3 9 2 6 7 3 6 14 4 29 15 13 10 13 10 6 8 18 ...... ...... 10 18 4 8
Hiram W. Johnson, of California......................... .... ..... .... 11 ...... ...... .... .... ... ...... .... ..... ...... ...... ... ... ....... ... ...... 15 12 ..... ... ...... .....
Nicholas M. Butler,* of New York........................ .... ..... .... ...... ...... ...... .... .... ... ...... .... ..... ...... ...... ... ... ....... ... ...... ...... ...... ..... ... ...... .....
===========================================================================================================================================================================
Total electoral vote.................................. 12 3 9 13 6 7 3 6 14 4 29 15 13 10 13 10 6 8 18 15 12 10 18 4 8
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
N. N. S.
Name of candidate Nev. N.H. N.J. Mex. N.Y. N.C. Dak. Ohio Okla. Oreg. Pa. R.I. S.C. Dak. Tenn. Tex. Utah Vt. Va. Wash. W. Va. Wis. Wyo. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Woodrow Wilson, of New Jersey............................... 3 4 14 3 45 12 5 24 10 5 ..... 5 9 .... 12 20 ..... ..... 12 ..... 8 13 3 435
Theodore Roosevelt, of New York............................. ..... ..... ..... ...... ..... ..... ..... ..... ..... ..... 38 .... .... 5 ...... ..... ..... ..... ... 7 ....... ..... ..... 88
William H. Taft, of Ohio.................................... ..... ..... ..... ...... ..... ..... ..... ..... ..... ..... ..... .... .... .... ...... ..... 4 4 ... ..... ....... ..... ..... 8
=======================================================================================================================================================================
For Vice President: .....
Thomas R. Marshall, of Indiana.............................. 3 4 14 3 45 12 5 24 10 5 ..... 5 9 .... 12 20 ..... ..... 12 ..... 8 13 3 435
Hiram W. Johnson, of California............................. ..... ..... ..... ...... ..... ..... ..... ..... ..... ..... 38 .... .... 5 ...... ..... ..... ..... ... 7 ....... ..... ..... 88
Nicholas M. Butler,* of New York............................ ..... ..... ..... ...... ..... ..... ..... ..... ..... ..... ..... .... .... .... ...... ..... 4 4 ... ..... ....... ..... ..... 8
=======================================================================================================================================================================
Total electoral vote.................................... 3 4 14 3 45 12 5 24 10 5 38 5 9 5 12 20 4 4 12 7 8 13 3 531
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*After the election, was selected to receive the electoral votes of the States of Utah and Vermont owing to the death of James S. Sherman.
[933]
[933]
933
ELECTION FOR THE THIRTY-THIRD TERM, 1917-1921
Woodrow Wilson, President; Thomas Riley Marshall, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ariz. Ark. Calif. Colo. Conn. Del. Fla. Ga. Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Woodrow Wilson, of New Jersey.................. 12 3 9 13 6 ...... ..... 6 14 4 ..... ..... ...... 10 13 10 ...... 8 ...... ...... ...... 10 18 4
Charles E. Hughes, of New York................. ..... ...... ..... ...... ...... 7 3 ..... ..... ...... 29 15 13 ...... ..... ..... 6 ..... 18 15 12 ...... ..... ......
====================================================================================================================================================================================
For Vice President: ......
Thomas R. Marshall, of Indiana................. 12 3 9 13 6 ...... ..... 6 14 4 ..... ..... ...... 10 13 10 ...... 8 ...... ...... ...... 10 18 4
Charles W. Fairbanks, of Indiana............... ..... ...... ..... ...... ...... 7 3 ..... ..... ...... 29 15 13 ...... ..... ..... ...... 6 18 15 12 ...... ..... ......
====================================================================================================================================================================================
Total electoral vote......................... 12 3 9 13 6 7 3 6 14 4 29 15 13 10 13 10 6 8 18 15 12 10 18 4
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
N. N. S.
Name of Candidate Nebr. Nev. N.H. N.J. Mex. N.Y. N.C. Dak. Ohio Okla. Oreg. Pa. R.I. S.C. Dak. Tenn. Tex. Utah Vt. Va. Wash. W. Va. Wis. Wyo. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Woodrow Wilson, of New Jersey............ 8 3 4 ..... 3 ..... 12 5 24 10 ...... ... ..... 9 ...... 12 20 4 ..... 12 7 1 ..... 3 277
Charles E. Hughes, of New York........... ...... ..... ..... 14 ...... 45 ..... ...... ...... ...... 5 38 5 ..... 5 ...... ..... ...... 4 ..... ...... 7 13 ...... 254
==========================================================================================================================================================================================
For Vice President:
Thomas R. Marshall, of Indiana........... 8 3 4 ..... 3 ..... 12 5 24 10 ...... ... ..... 9 ...... 12 20 4 ..... 12 7 1 ..... 3 277
Charles W. Fairbanks, of Indiana......... ...... ..... ..... 14 ...... 45 ..... ...... ...... ...... 5 38 5 ..... 5 ...... ..... ...... 4 ..... ...... 7 13 ...... 254
==========================================================================================================================================================================================
Total electoral vote..................... 8 3 4 14 3 45 12 5 24 10 5 38 5 9 5 12 20 4 4 12 7 8 13 3 531
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[934]
[934]
934
ELECTION FOR THE THIRTY-FOURTH TERM, 1921-1925
Warren G. Harding,* President; Calvin Coolidge, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ariz. Ark. Calif. Colo. Conn. Del. Fla. Ga. Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont. Nebr.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Warren G. Harding, of Ohio............................ .... 3 .... 13 6 7 3 .... ... 4 29 15 13 10 ... ... 6 8 18 15 12 ..... 18 4 8
James M. Cox, of Ohio................................. 12 ..... 9 ...... ...... ...... .... 6 14 ...... .... ..... ...... ...... 13 10 ....... ... ...... ...... ...... 10 ... ...... .......
=============================================================================================================================================================================
For Vice President:
Calvin Coolidge, of Massachusetts..................... .... 3 .... 13 6 7 3 .... ... 4 29 15 13 10 ... ... 6 8 18 15 12 ..... 18 4 8
Franklin D. Roosevelt, of New York.................... 12 ..... 9 ...... ...... ...... .... 6 14 ...... .... ..... ...... ...... 13 10 ....... ... ...... ...... ...... 10 ... ...... .......
=============================================================================================================================================================================
Total electoral vote................................ 12 3 9 13 6 7 3 6 14 4 29 15 13 10 13 10 6 8 18 15 12 10 18 4 8
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Nev. N.H. N.J. N. Mex. N.Y. N.C. N. Dak. Ohio Okla. Oreg. Pa. R.I. S.C. S. Dak. Tenn. Tex. Utah Vt. Va. Wash. W. Va. Wis. Wyo. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Warren G. Harding, of Ohio.......................... 3 4 14 3 45 ..... 5 24 10 5 38 5 .... 5 12 ..... 4 4 ... 7 8 13 3 404
James M. Cox, of Ohio............................... ..... ..... ..... ........ ..... 12 ........ ..... ..... ..... ... .... 9 ........ ...... 20 ...... ... 12 ...... ....... ..... ...... 127
===============================================================================================================================================================================
For Vice President:
Calvin Coolidge, of Massachusetts................... 3 4 14 3 45 ..... 5 24 10 5 38 5 .... 5 12 ..... 4 4 ... 7 8 13 3 404
Franklin D. Roosevelt, of New York.................. ..... ..... ..... ........ ..... 12 ........ ..... ..... ..... ... .... 9 ........ ...... 20 ...... ... 12 ...... ....... ..... ...... 127
===============================================================================================================================================================================
Total electoral vote.............................. 3 4 14 3 45 12 5 24 10 5 38 5 9 5 12 20 4 4 12 7 8 13 3 531
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*Warren G. Harding, the twenty-eighth President of the United States, died on Aug. 2, 1923. The duties of the Presidential office devolving, in this event, upon the Vice President, Calvin Coolidge, he accordingly took the oath of
office at Plymouth, Vt., on Aug. 3, 1923.
[935]
[935]
935
ELECTION FOR THE THIRTY-FIFTH TERM, 1925-1929
Calvin Coolidge, President; Charles G. Dawes, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ariz. Ark. Calif. Colo. Conn. Del. Fla. Ga. Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont. Nebr.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Calvin Coolidge, of Massachusetts......................... .... 3 .... 13 6 7 3 .... ... 4 29 15 13 10 13 ... 6 8 18 15 12 ..... 18 4 8
John W. Davis, of West Virginia........................... 12 ..... 9 ...... ..... ...... .... 6 14 ...... .... ..... ...... ...... ... 10 ...... ... ...... ...... ...... 10 ... ...... .....
Robert M. La Follette, of Wisconsin....................... .... ..... .... ...... ..... ...... .... .... ... ...... .... ..... ...... ...... ... ... ...... ... ...... ...... ...... ..... ... ...... .....
=========================================================================================================================================================================
For Vice President:
Charles G. Dawes, of Illinois............................. .... 3 .... 13 6 7 3 .... ... 4 29 15 13 10 13 ... 6 8 18 15 12 ..... 18 4 8
Charles W. Bryan, of Nebraska............................. 12 ..... 9 ...... ..... ...... .... 6 14 ...... .... ..... ...... ...... ... 10 ...... ... ...... ...... ...... 10 ... ...... .....
Burton K. Wheeler, of Montana............................. .... ..... .... ...... ..... ...... .... .... ... ...... .... ..... ...... ...... ... ... ...... ... ...... ...... ...... ..... ... ...... .....
=========================================================================================================================================================================
Total electoral vote.................................... 12 3 9 13 6 7 3 6 14 4 29 15 13 10 13 10 6 8 18 15 12 10 18 4 8
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
N. N. S.
Name of candidate Nev. N.H. N.J. Mex. N.Y. N.C. Dak. Ohio Okla. Oreg. Pa. R.I. S.C. Dak. Tenn. Tex. Utah Vt. Va. Wash. W. Va. Wis. Wyo. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Calvin Coolidge, of 3 4 14 3 45 .... 5 24 ...... 5 38 5 ..... 5 ..... .... 4 4 ... 7 8 .... 3 382
Massachusetts............
John W. Davis, of West ..... .... ..... ..... ..... 12 .... .... 10 ..... ..... ..... 9 .... 12 20 ...... ... 12 ...... ....... .... .... 136
Virginia.................
Robert M. La Follette, of ..... .... ..... ..... ..... .... .... .... ...... ..... ..... ..... ..... .... ..... .... ...... ... ... ...... ....... 13 .... 13
Wisconsin................
=================================================================================================================================================================
For Vice President:
Charles G. Dawes, of 3 4 14 3 45 .... 5 24 ...... 5 38 5 ..... 5 ..... .... 4 4 ... 7 8 .... 3 382
Illinois.................
Charles W. Bryan, of ..... .... ..... ..... ..... 12 .... .... 10 ..... ..... ..... 9 .... 12 20 ...... ... 12 ...... ....... .... .... 136
Nebraska.................
Burton K. Wheeler, of ..... .... ..... ..... ..... .... .... .... ...... ..... ..... ..... ..... .... ..... .... ...... ... ... ...... ....... 13 .... 13
Montana..................
=================================================================================================================================================================
Total electoral vote.... 3 4 14 3 45 12 5 24 10 5 38 5 9 5 12 20 4 4 12 7 8 13 3 531
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[936]
[936]
936
ELECTION FOR THE THIRTY-SIXTH TERM, 1929-1933
Herbert C. Hoover, President; Charles Curtis, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ariz. Ark. Calif. Colo. Conn. Del. Fla. Ga. Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont. Nebr.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Herbert C. Hoover, of California........................ .... 3 .... 13 6 7 3 6 ... 4 29 15 13 10 13 ... 6 8 ...... 15 12 ..... 18 4 8
Alfred E. Smith, of New York............................ 12 ..... 9 ...... ...... ...... .... .... 14 ...... .... ..... ...... ...... ... 10 ....... ... 18 ...... ...... 10 ... ...... .....
===========================================================================================================================================================================
For Vice President:
Charles Curtis, of Kansas............................... .... 3 .... 13 6 7 3 6 ... 4 29 15 13 10 13 ... 6 8 ...... 15 12 ..... 18 4 8
Joseph T. Robinson, of Arkansas......................... 12 ..... 9 ...... ...... ...... .... .... 14 ...... .... ..... ...... ...... ... 10 ....... ... 18 ...... ...... 10 ... ...... .....
===========================================================================================================================================================================
Total electoral vote.................................. 12 3 9 13 6 7 3 6 14 4 29 15 13 10 13 10 6 8 18 15 12 10 18 4 8
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
N. N. S.
Name of candidate Nev. N.H. N.J. Mex. N.Y. N.C. Dak. Ohio Okla. Oreg. Pa. R.I. S.C. Dak. Tenn. Tex. Utah Vt. Va. Wash. W. Va. Wis. Wyo. Total
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Herbert C. Hoover, of 3 4 14 3 45 12 5 24 10 5 38 ..... ..... 5 12 20 4 4 12 7 8 13 3 444
California..............
Alfred E. Smith, of New ..... .... ..... ...... ..... .... .... .... ..... ..... ..... 5 9 .... ..... .... ..... ... ..... ...... ....... .... .... 87
York....................
==================================================================================================================================================================
For Vice President:
Charles Curtis, of Kansas 3 4 14 3 45 12 5 24 10 5 38 ..... ..... 5 12 20 4 4 12 7 8 13 3 444
Joseph T. Robinson, of ..... .... ..... ...... ..... .... .... .... ..... ..... ..... 5 9 .... ..... .... ..... ... ..... ...... ....... .... .... 87
Arkansas................
==================================================================================================================================================================
Total electoral vote... 3 4 14 3 45 12 5 24 10 5 38 5 9 5 12 20 4 4 12 7 8 13 8 531
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[937]
[937]
937
ELECTION FOR THE THIRTY-SEVENTH TERM, 1933-1937
Franklin D. Roosevelt, President; John N. Garner, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ariz. Ark. Calif. Colo. Conn. Del. Fla. Ga. Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Franklin D. Roosevelt, of New York........................... 11 3 9 22 6 ....... .... 7 12 4 29 14 11 9 11 10 ....... 8 17 19 11 9 15 4
Herbert C. Hoover, of California............................. .... ..... .... ...... ...... 8 3 .... ... ....... .... ..... ...... ...... ... ... 5 ... ...... ...... ...... ..... ... ......
======================================================================================================================================================================
For Vice President:
John N. Garner, of Texas..................................... 11 3 9 22 6 ....... .... 7 12 4 29 14 11 9 11 10 ....... 8 17 19 11 9 15 4
Charles Curtis, of Kansas.................................... .... ..... .... ...... ...... 8 3 .... ... ....... .... ..... ...... ...... ... ... 5 ... ...... ...... ...... ..... ... ......
======================================================================================================================================================================
Total electoral vote....................................... 11 3 9 22 6 8 3 7 12 4 29 14 11 9 11 10 5 8 17 19 11 9 15 4
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
N. N. S.
Name of candidate Nebr. Nev. N.H. N.J. Mex. N.Y. N.C. Dak. Ohio Okla. Oreg. Pa. R.I. S.C. Dak. Tenn. Tex. Utah Vt. Va. Wash. W. Va. Wis. Wyo. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Franklin D. Roosevelt, of New York........................ 7 3 .... 16 3 47 13 4 26 11 5 ..... 4 8 4 11 23 4 ... 11 8 8 12 3 472
Herbert C. Hoover, of California.......................... ..... ..... 4 ..... ...... ..... .... .... .... ..... ..... 36 ..... ..... ..... ..... .... ...... 3 ... ...... ....... .... .... 59
=========================================================================================================================================================================
For Vice President:
John N. Garner, of Texas.................................. 7 3 .... 16 3 47 13 4 26 11 5 ..... 4 8 4 11 23 4 ... 11 8 8 12 3 472
Charles Curtis, of Kansas................................. ..... ..... 4 ..... ...... ..... .... .... .... ..... ..... 36 ..... ..... ..... ..... .... ...... 3 ... ...... ....... .... .... 59
=========================================================================================================================================================================
Total electoral vote.................................... 7 3 4 16 3 47 13 4 26 11 5 36 4 8 4 11 23 4 3 11 8 8 12 3 531
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[938]
[938]
938
ELECTION FOR THE THIRTY-EIGHTH TERM, 1937-1941
Franklin D. Roosevelt, President; John N. Garner, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ariz. Ark. Calif. Colo. Conn. Del. Fla. Ga. Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Franklin D. Roosevelt, of New York........................... 11 3 9 22 6 8 3 7 12 4 29 14 11 9 11 10 ....... 8 17 19 11 9 15 4
Alfred M. Landon, of Kansas.................................. .... ..... .... ...... ...... ....... .... .... ... ....... .... ..... ...... ...... ... ... 5 ... ...... ...... ...... ..... ... ......
======================================================================================================================================================================
For Vice President:
John N. Garner, of Texas..................................... 11 3 9 22 6 8 3 7 12 4 29 14 11 9 11 10 ....... 8 17 19 11 9 15 4
Frank Knox, of Illinois...................................... .... ..... .... ...... ...... ....... .... .... ... ....... .... ..... ...... ...... ... ... 5 ... ...... ...... ...... ..... ... ......
======================================================================================================================================================================
Total electoral vote....................................... 11 3 9 22 6 8 3 7 12 4 29 14 11 9 11 10 5 8 17 19 11 9 15 4
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
N. N. S.
Name of candidate Nebr. Nev. N.H. N.J. Mex. N.Y. N.C. Dak. Ohio Okla. Oreg. Pa. R.I. S.C. Dak. Tenn. Tex. Utah Vt. Va. Wash. W. Va. Wis. Wyo. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Franklin D. Roosevelt, of New York................ 7 3 4 16 3 47 13 4 26 11 5 36 4 8 4 11 23 4 ... 11 8 8 12 3 523
Alfred M. Landon, of Kansas....................... ...... ..... ..... ..... ...... ..... ..... ...... ..... ..... ..... ... .... .... ...... ...... ..... ...... 3 ... ...... ....... ..... ...... 8
=================================================================================================================================================================================
For Vice President:
John N. Garner, of Texas.......................... 7 3 4 16 3 47 13 4 26 11 5 36 4 8 4 11 23 4 ... 11 8 8 12 3 523
Frank Knox, of Illinois........................... ...... ..... ..... ..... ...... ..... ..... ...... ..... ..... ..... ... .... .... ...... ...... ..... ...... 3 ... ...... ....... ..... ...... 8
=================================================================================================================================================================================
Total electoral vote............................ 7 3 4 16 3 47 13 4 26 11 5 36 4 8 4 11 23 4 3 11 8 8 12 3 531
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[939]
[939]
939
ELECTION FOR THE THIRTY-NINTH TERM, 1941-1945
Franklin D. Roosevelt, President; Henry A. Wallace, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ariz. Ark. Calif. Colo. Conn. Del. Fla. Ga. Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Franklin D. Roosevelt, of New York........................... 11 3 9 22 ...... 8 3 7 12 4 29 ..... ...... ...... 11 10 ....... 8 17 ...... 11 9 15 4
Wendell L. Willkie, of New York.............................. .... ..... .... ...... 6 ....... .... .... ... ....... .... 14 11 9 ... ... 5 ... ...... 19 ...... ..... ... ......
======================================================================================================================================================================
For Vice President:
Henry A. Wallace, of Iowa.................................... 11 3 9 22 ...... 8 3 7 12 4 29 ..... ...... ...... 11 10 ....... 8 17 ...... 11 9 15 4
Charles L. McNary, of Oregon................................. .... ..... .... ...... 6 ....... .... .... ... ....... .... 14 11 9 ... ... 5 ... ...... 19 ...... ..... ... ......
======================================================================================================================================================================
Total electoral vote....................................... 11 3 9 22 6 8 3 7 12 4 29 14 11 9 11 10 5 8 17 19 11 9 15 4
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
N. N. S.
Name of candidate Nebr. Nev. N.H. N.J. Mex. N.Y. N.C. Dak. Ohio Okla. Oreg. Pa. R.I. S.C. Dak. Tenn. Tex. Utah Vt. Va. Wash. W. Va. Wis. Wyo. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Franklin D. Roosevelt, of New York................ ...... 3 4 16 3 47 13 ...... 26 11 5 36 4 8 ...... 11 23 4 ... 11 8 8 12 3 449
Wendell L. Willkie, of New York................... 7 ..... ..... ..... ...... ..... ..... 4 ..... ..... ..... ... .... .... 4 ...... ..... ...... 3 ... ...... ....... ..... ...... 82
=================================================================================================================================================================================
For Vice President:
Henry A. Wallace, of Iowa......................... ...... 3 4 16 3 47 13 ...... 26 11 5 36 4 8 ...... 11 23 4 ... 11 9 9 12 3 449
Charles L. McNary, of Oregon...................... 7 ..... ..... ..... ...... ..... ..... 4 ..... ..... ..... ... .... .... 4 ...... ..... ...... 3 ... ...... ....... ..... ...... 82
=================================================================================================================================================================================
Total electoral vote............................ 7 3 4 16 3 47 13 4 26 11 5 36 4 8 4 11 23 4 3 11 8 8 12 3 531
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[940]
[940]
940
ELECTION FOR THE FORTIETH TERM, 1945-1949
Franklin D. Roosevelt,* President; Harry S. Truman, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ariz. Ark. Calif. Colo. Conn. Del. Fla. Ga. Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Franklin D. Roosevelt, of New York........................... 11 4 9 25 ...... 8 3 8 12 4 28 ..... ...... ...... 11 10 ....... 8 16 19 11 9 15 4
Thomas E. Dewey, of New York................................. .... ..... .... ...... 6 ....... .... .... ... ....... .... 13 10 8 ... ... 5 ... ...... ...... ...... ..... ... ......
======================================================================================================================================================================
For Vice President:
Harry S. Truman, of Missouri................................. 11 4 9 25 ...... 8 3 8 12 4 28 ..... ...... ...... 11 10 ....... 8 16 19 11 9 15 4
John W. Bricker, of Ohio..................................... .... ..... .... ...... 6 ....... .... .... ... ....... .... 13 10 8 ... ... 5 ... ...... ...... ...... ..... ... ......
======================================================================================================================================================================
Total electoral vote....................................... 11 4 9 25 6 8 3 8 12 4 28 13 10 8 11 10 5 8 16 19 11 9 15 4
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Nebr. Nev. N.H. N.J. N. Mex. N.Y. N.C. N. Dak. Ohio Okla. Oreg. Pa. R.I. S.C. S. Dak. Tenn. Tex. Utah Vt. Va. Wash. W. Va. Wis. Wyo. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Franklin D. Roosevelt, of New York............. ...... 3 4 16 4 47 14 ....... ..... 10 6 35 4 8 ....... 12 23 4 ... 11 8 8 ..... ...... 432
Thomas E. Dewey, of New York................... 6 ..... ..... ..... ....... ..... ..... 4 25 ..... ..... ... .... .... 4 ...... ..... ...... 3 ... ...... ....... 12 3 99
====================================================================================================================================================================================
For Vice President:
Harry S. Truman, of Missouri................... ...... 3 4 16 4 47 14 ....... ..... 10 6 35 4 8 ....... 12 23 4 ... 11 8 8 ..... ...... 432
John W. Bricker, of Ohio....................... 6 ..... ..... ..... ....... ..... ..... 4 25 ..... ..... ... .... .... 4 ...... ..... ...... 3 ... ...... ....... 12 3 99
====================================================================================================================================================================================
Total electoral vote......................... 6 3 4 16 4 47 14 4 25 10 6 35 4 8 4 12 23 4 3 11 8 8 12 3 531
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*Franklin D. Roosevelt, the thirty-first President of the United States, died on April 12, 1945. The duties of the Presidential office devolving, in this event, upon the Vice President, Harry S. Truman, he accordingly took the oath
of office at Washington, D.C., on April 12, 1945.
[941]
[941]
941
ELECTION FOR THE FORTY-FIRST TERM, 1949-1953
Harry S. Truman, President; Alben W. Barkley, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ariz. Ark. Calif. Colo. Conn. Del. Fla. Ga. Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Harry S. Truman, of Missouri................................... .... 4 9 25 6 ...... .... 8 12 4 28 ..... 10 ...... 11 ... ....... ... 16 ...... 11 ..... 15 4
Thomas E. Dewey, of New York................................... .... ..... .... ...... ...... 8 3 .... ... ...... .... 13 ...... 8 ... ... 5 8 ...... 19 ...... ..... ... ......
J. Strom Thurmond, of South Carolina........................... 11 ..... .... ...... ...... ...... .... .... ... ...... .... ..... ...... ...... ... 10 ....... ... ...... ...... ...... 9 ... ......
====================================================================================================================================================================
For Vice President:
Alben W. Barkley, of Kentucky.................................. .... 4 9 25 6 ...... .... 8 12 4 28 ..... 10 ...... 11 ... ....... ... 16 ...... 11 ..... 15 4
Earl Warren, of California..................................... .... ..... .... ...... ...... 8 3 .... ... ...... .... 13 ...... 8 ... ... 5 8 ...... 19 ...... ..... ... ......
Fielding L. Wright, of Mississippi............................. 11 ..... .... ...... ...... ...... .... .... ... ...... .... ..... ...... ...... ... 10 ....... ... ...... ...... ...... 9 ... ......
====================================================================================================================================================================
Total electoral vote......................................... 11 4 9 25 6 8 3 8 12 4 28 13 10 8 11 10 5 8 16 19 11 9 15 4
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Nebr. Nev. N.H. N.J. N. Mex. N.Y. N.C. N. Dak. Ohio Okla. Oreg. Pa. R.I. S.C. S. Dak. Tenn. Tex. Utah Vt. Va. Wash. W. Va. Wis. Wyo. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Harry S. Truman, of Missouri................... ...... 3 ..... ..... 4 ..... 14 ....... 25 10 ..... ... 4 .... ....... 11 23 4 ... 11 8 8 12 3 303
Thomas E. Dewey, of New York................... 6 ..... 4 16 ....... 47 ..... 4 ..... ..... 6 35 .... .... 4 ...... ..... ...... 3 ... ...... ....... ..... ...... 189
J. Strom Thurmond, of South Carolina........... ...... ..... ..... ..... ....... ..... ..... ....... ..... ..... ..... ... .... 8 ....... 1 ..... ...... ... ... ...... ....... ..... ...... 39
====================================================================================================================================================================================
For Vice President:
Alben W. Barkley, of Kentucky.................. ...... 3 ..... ..... 4 ..... 14 ....... 25 10 ..... ... 4 .... ....... 11 23 4 ... 11 8 8 12 3 303
Earl Warren, of California..................... 6 ..... 4 16 ....... 47 ..... 4 ..... ..... 6 35 .... .... 4 ...... ..... ...... 3 ... ...... ....... ..... ...... 189
Fielding L. Wright, of Mississippi............. ...... ..... ..... ..... ....... ..... ..... ....... ..... ..... ..... ... .... 8 ....... 1 ..... ...... ... ... ...... ....... ..... ...... 39
====================================================================================================================================================================================
Total electoral vote......................... 6 3 4 16 4 47 14 4 25 10 6 35 4 8 4 12 23 4 3 11 8 8 12 3 531
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[942]
[942]
942
ELECTION FOR THE FORTY-SECOND TERM, 1953-1957
Dwight D. Eisenhower, President; Richard M. Nixon, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ariz. Ark. Calif. Colo. Conn. Del. Fla. Ga. Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Dwight D. Eisenhower, of New York............................. .... 4 .... 32 6 8 3 10 ... 4 27 13 10 8 ... ... 5 9 16 20 11 ..... 13 4
Adlai Stevenson, of Illinois.................................. 11 ..... 8 ...... ...... ...... .... .... 12 ....... .... ..... ...... ...... 10 10 ....... ... ...... ...... ...... 8 ... ......
=====================================================================================================================================================================
For Vice President:
Richard M. Nixon, of California............................... .... 4 .... 32 6 8 3 10 ... 4 27 13 10 8 ... ... 5 9 16 20 11 ..... 13 4
John Sparkman, of Alabama..................................... 11 ..... 8 ...... ...... ...... .... .... 12 ....... .... ..... ...... ...... 10 10 ....... ... ...... ...... ...... 8 ... ......
=====================================================================================================================================================================
Total electoral vote........................................ 11 4 8 32 6 8 3 10 12 4 27 13 10 8 10 10 5 9 16 20 11 8 13 4
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Nebr. Nev. N.H. N.J. N. Mex N.Y. N.C. N. Dak. Ohio Okla. Oreg. Pa. R.I. S.C. S. Dak. Tenn. Tex. Utah Vt. Va. Wash. W. Va. Wis. Wyo. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Dwight D. Eisenhower, of New York.............. 6 3 4 16 4 45 ..... 4 25 8 6 32 4 .... 4 11 24 4 3 12 9 ....... 12 3 442
Adlai Stevenson, of Illinois................... ...... ..... ..... ..... ....... ..... 14 ....... ..... ..... ..... ... .... 8 ....... ...... ..... ...... ... ... ...... 8 ..... ...... 89
====================================================================================================================================================================================
For Vice President:
Richard M. Nixon, of California................ 6 3 4 16 4 45 ..... 4 25 8 6 32 4 .... 4 11 24 4 3 12 9 ....... 12 3 442
John Sparkman, of Alabama...................... ...... ..... ..... ..... ....... ..... 14 ....... ..... ..... ..... ... .... 8 ....... ...... ..... ...... ... ... ...... 8 ..... ...... 89
====================================================================================================================================================================================
Total electoral vote......................... 6 3 4 16 4 45 14 4 25 8 6 32 4 8 4 11 24 4 3 12 9 8 12 3 531
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[943]
[943]
943
ELECTION FOR THE FORTY-THIRD TERM, 1957-1961
Dwight D. Eisenhower, President; Richard M. Nixon, Vice President
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Ariz. Ark. Calif. Colo. Conn. Del. Fla. Ga. Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Dwight D. Eisenhower, of .... 4 .... 32 6 8 3 10 ... 4 27 13 10 8 10 10 5 9 16 20 11 ..... ... 4
Pennsylvania............
Adlai Stevenson, of 10 ..... 8 ...... ..... ...... .... .... 12 ...... .... ..... ...... ...... ... ... ...... ... ...... ...... ...... 8 13 ......
Illinois................
Walter B. Jones, of 1 ..... .... ...... ..... ...... .... .... ... ...... .... ..... ...... ...... ... ... ...... ... ...... ...... ...... ..... ... ......
Alabama.................
==================================================================================================================================================================
For Vice President:
Richard M. Nixon, of .... 4 .... 32 6 8 3 10 ... 4 27 13 10 8 10 10 5 9 16 20 11 ..... ... 4
California..............
Estes Kefauver, of 10 ..... 8 ...... ..... ...... .... .... 12 ...... .... ..... ...... ...... ... ... ...... ... ...... ...... ...... 8 13 ......
Tennessee...............
Herman Talmadge, of 1 ..... .... ...... ..... ...... .... .... ... ...... .... ..... ...... ...... ... ... ...... ... ...... ...... ...... ..... ... ......
Georgia.................
==================================================================================================================================================================
Total electoral vote... 11 4 8 32 6 8 3 10 12 4 27 13 10 8 10 10 5 9 16 20 11 8 13 4
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Nebr. Nev. N.H. N.J. N. Mex. N.Y. N.C. N. Dak. Ohio Okla. Oreg. Pa. R.I. S.C. S. Dak. Tenn. Tex. Utah Vt. Va. Wash. W. Va. Wis. Wyo. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
Dwight D. Eisenhower, of Pennsylvania.......... 6 3 4 16 4 45 ..... 4 25 8 6 32 4 .... 4 11 24 4 3 12 9 8 12 3 457
Adlai Stevenson, of Illinois................... ...... ..... ..... ..... ....... ..... 14 ....... ..... ..... ..... ... .... 8 ....... ...... ..... ...... ... ... ...... ....... ..... ...... 73
Walter B. Jones, of Alabama.................... ...... ..... ..... ..... ....... ..... ..... ....... ..... ..... ..... ... .... .... ....... ...... ..... ...... ... ... ...... ....... ..... ...... 1
====================================================================================================================================================================================
For Vice President:
Richard M. Nixon, of California................ 6 3 4 16 4 45 ..... 4 25 8 6 32 4 .... 4 11 24 4 3 12 9 8 12 3 457
Estes Kefauver, of Tennessee................... ...... ..... ..... ..... ....... ..... 14 ....... ..... ..... ..... ... .... 8 ....... ...... ..... ...... ... ... ...... ....... ..... ...... 73
Herman Talmadge, of Georgia.................... ...... ..... ..... ..... ....... ..... ..... ....... ..... ..... ..... ... .... .... ....... ...... ..... ...... ... ... ...... ....... ..... ...... 1
====================================================================================================================================================================================
Total electoral vote......................... 6 3 4 16 4 45 14 4 25 8 6 32 4 8 4 11 24 4 3 12 9 8 12 3 531
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[944]
[944]
944
ELECTION FOR THE FORTY-FOURTH TERM, 1961-1965
John F. Kennedy,* President; Lyndon B. Johnson, Vice President
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Name of candidate Ala. Alaska Ariz. Ark. Calif. Colo. Conn. Del. Fla. Ga. Hawaii Idaho Ill. Ind. Iowa Kans. Ky. La. Maine Md. Mass. Mich. Minn. Miss. Mo. Mont.
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
John F. Kennedy, of Massachusetts.................... 5 ....... ..... 8 ...... ..... 8 3 .... 12 3 ...... 27 .... ..... ...... ... 10 ...... 9 16 20 11 ..... 13 .....
Richard M. Nixon, of California...................... .... 3 4 .... 32 6 ...... .... 10 ... ....... 4 .... 13 10 8 10 ... 5 ... ..... ..... ..... ..... ... .....
Harry F. Byrd, of Virginia........................... 6 ....... ..... .... ...... ..... ...... .... .... ... ....... ...... .... .... ..... ...... ... ... ...... ... ..... ..... ..... 8 ... .....
==============================================================================================================================================================================
For Vice President:
Lyndon B. Johnson, of Texas.......................... 5 ....... ..... 8 ...... ..... 8 3 .... 12 3 ...... 27 .... ..... ...... ... 10 ...... 9 16 20 11 ..... 13 .....
Henry Cabot Lodge, of Massachusetts.................. .... 3 4 .... 32 6 ...... .... 10 ... ....... 4 .... 13 10 8 10 ... 5 ... ..... ..... ..... ..... ... 4
Strom Thurmond, of South Carolina.................... 6 ....... ..... .... ...... ..... ...... .... .... ... ....... ...... .... .... ..... ...... ... ... ...... ... ..... ..... ..... 8 ... .....
Barry Goldwater, of Arizona.......................... .... ....... ..... .... ...... ..... ...... .... .... ... ....... ...... .... .... ..... ...... ... ... ...... ... ..... ..... ..... ..... ... .....
==============================================================================================================================================================================
Total electoral vote............................... 11 3 4 8 32 6 8 3 10 12 3 4 27 13 10 8 10 10 5 9 16 20 11 8 13 4
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
N. N. S. W.
Name of candidate Nebr. Nev. N.H. N.J. Mex. N.Y. N.C. Dak. Ohio Okla. Oreg. Pa. R.I. S.C. Dak. Tenn. Tex. Utah Vt. Va. Wash. Va. Wis. Wyo. Total
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
For President:
John F. Kennedy, of Massachusetts.......................... ..... 3 ..... 16 4 45 14 ..... ..... ..... ..... 32 4 8 ..... ...... 24 ..... ... ... ...... 8 ..... ..... 303
Richard M. Nixon, of California............................ 6 .... 4 ..... ..... ..... ..... 4 25 7 6 ... .... .... 4 11 ..... 4 3 12 9 ..... 12 3 219
Harry F. Byrd, of Virginia................................. ..... .... ..... ..... ..... ..... ..... ..... ..... 1 ..... ... .... .... ..... ...... ..... ..... ... ... ...... ..... ..... ..... 15
========================================================================================================================================================================
For Vice President:
Lyndon B. Johnson, of Texas................................ ..... 3 ..... 16 4 45 14 ..... ..... ..... ..... 32 4 8 ..... ...... 24 ..... ... ... ...... 8 ..... ..... 303
Henry Cabot Lodge, of Massachusetts........................ 6 .... 4 ..... ..... ..... ..... 4 25 7 6 ... .... .... 4 11 ..... 4 3 12 9 ..... 12 3 219
Strom Thurmond, of South Carolina.......................... ..... .... ..... ..... ..... ..... ..... ..... ..... ..... ..... ... .... .... ..... ...... ..... ..... ... ... ...... ..... ..... ..... 14
Barry Goldwater, of Arizona................................ ..... .... ..... ..... ..... ..... ..... ..... ..... 1 ..... ... .... .... ..... ...... ..... ..... ... ... ...... ..... ..... ..... 1
========================================================================================================================================================================
Total electoral vote..................................... 6 3 4 16 4 45 14 4 25 8 6 32 4 8 4 11 24 4 3 12 9 8 12 3 537
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*John F. Kennedy, the thirty-fourth President of the United States, was assassinated on November 22, 1963. The duties of the Presidential office devolving, in this event, upon the Vice President, Lyndon B. Johnson, he accordingly
took the oath of office at Dallas, Tex., on November 22, 1963.
electoral votes for president and vice president
electoral votes for president and vice president
electoral votes for president and vice president
____________________________________________________________
[945]
[945]
945
945
ELECTION FOR THE FORTY-FIFTH TERM, 1965-1969
Lyndon B. Johnson, President; Hubert H. Humphrey, Vice President
----------------------------------------------------------------------------------------------------------------
For President For Vice President
Electoral -------------------------------------------------------
State vote of Lyndon B. Barry M. Hubert H. William E.
each State Johnson, of Goldwater, Humphrey, of Miller, of
Texas of Arizona Minnesota New York
----------------------------------------------------------------------------------------------------------------
Alabama.................................... 10 ............ 10 ............ 10
Alaska..................................... 3 3 ............ 3 ............
Arizona.................................... 5 ............ 5 ............ 5
Arkansas................................... 6 6 ............ 6 ............
California................................. 40 40 ............ 40 ............
Colorado................................... 6 6 ............ 6 ............
Connecticut................................ 8 8 ............ 8 ............
Delaware................................... 3 3 ............ 3 ............
District of Columbia....................... 3 3 ............ 3 ............
Florida.................................... 14 14 ............ 14 ............
Georgia.................................... 12 ............ 12 ............ 12
Hawaii..................................... 4 4 ............ 4 ............
Idaho...................................... 4 4 ............ 4 ............
Illinois................................... 26 26 ............ 26 ............
Indiana.................................... 13 13 ............ 13 ............
Iowa....................................... 9 9 ............ 9 ............
Kansas..................................... 7 7 ............ 7 ............
Kentucky................................... 9 9 ............ 9 ............
Louisiana.................................. 10 ............ 10 ............ 10
Maine...................................... 4 4 ............ 4 ............
Maryland................................... 10 10 ............ 10 ............
Massachusetts.............................. 14 14 ............ 14 ............
Michigan................................... 21 21 ............ 21 ............
Minnesota.................................. 10 10 ............ 10 ............
Mississippi................................ 7 ............ 7 ............ 7
Missouri................................... 12 12 ............ 12 ............
Montana.................................... 4 4 ............ 4 ............
Nebraska................................... 5 5 ............ 5 ............
Nevada..................................... 3 3 ............ 3 ............
New Hampshire.............................. 4 4 ............ 4 ............
New Jersey................................. 17 17 ............ 17 ............
New Mexico................................. 4 4 ............ 4 ............
New York................................... 43 43 ............ 43 ............
North Carolina............................. 13 13 ............ 13 ............
North Dakota............................... 4 4 ............ 4 ............
Ohio....................................... 26 26 ............ 26 ............
Oklahoma................................... 8 8 ............ 8 ............
Oregon..................................... 6 6 ............ 6 ............
Pennsylvania............................... 29 29 ............ 29 ............
Rhode Island............................... 4 4 ............ 4 ............
South Carolina............................. 8 ............ 8 ............ 8
South Dakota............................... 4 4 ............ 4 ............
Tennessee.................................. 11 11 ............ 11 ............
Texas...................................... 25 25 ............ 25 ............
Utah....................................... 4 4 ............ 4 ............
Vermont.................................... 3 3 ............ 3 ............
Virginia................................... 12 12 ............ 12 ............
Washington................................. 9 9 ............ 9 ............
West Virginia.............................. 7 7 ............ 7 ............
Wisconsin.................................. 12 12 ............ 12 ............
Wyoming.................................... 3 3 ............ 3 ............
--------------------------------------------------------------------
Total................................ 538 486 52 486 52
----------------------------------------------------------------------------------------------------------------
[946]
[946]
946
946
ELECTION FOR THE FORTY-SIXTH TERM, 1969-1973
Richard M. Nixon, President; Spiro T. Agnew, Vice President
----------------------------------------------------------------------------------------------------------------
For President For Vice President
---------------------------------------------------------------
Electoral Richard
State vote of M. Hubert H. George C. Spiro T. Edmund Curtis E.
each Nixon, Humphrey, Wallace, Agnew, S. LeMay, of
State of New of of of Muskie, California
York Minnesota Alabama Maryland of Maine
----------------------------------------------------------------------------------------------------------------
Alabama.............................. 10 ........ ......... 10 ........ ........ 10
Alaska............................... 3 3 ......... ......... 3 ........ ..........
Arizona.............................. 5 5 ......... ......... 5 ........ ..........
Arkansas............................. 6 ........ ......... 6 ........ ........ 6
California........................... 40 40 ......... ......... 40 ........ ..........
Colorado............................. 6 6 ......... ......... 6 ........ ..........
Connecticut.......................... 8 ........ 8 ......... ........ 8 ..........
Delaware............................. 3 3 ......... ......... 3 ........ ..........
District of Columbia................. 3 ........ 3 ......... ........ 3 ..........
Florida.............................. 14 14 ......... ......... 14 ........ ..........
Georgia.............................. 12 ........ ......... 12 ........ ........ 12
Hawaii............................... 4 ........ 4 ......... ........ 4 ..........
Idaho................................ 4 4 ......... ......... 4 ........ ..........
Illinois............................. 26 26 ......... ......... 26 ........ ..........
Indiana.............................. 13 13 ......... ......... 13 ........ ..........
Iowa................................. 9 9 ......... ......... 9 ........ ..........
Kansas............................... 7 7 ......... ......... 7 ........ ..........
Kentucky............................. 9 9 ......... ......... 9 ........ ..........
Louisiana............................ 10 ........ ......... 10 ........ ........ 10
Maine................................ 4 ........ 4 ......... ........ 4 ..........
Maryland............................. 10 ........ 10 ......... ........ 10 ..........
Massachusetts........................ 14 ........ 14 ......... ........ 14 ..........
Michigan............................. 21 ........ 21 ......... ........ 21 ..........
Minnesota............................ 10 ........ 10 ......... ........ 10 ..........
Mississippi.......................... 7 ........ ......... 7 ........ ........ 7
Missouri............................. 12 12 ......... ......... 12 ........ ..........
Montana.............................. 4 4 ......... ......... 4 ........ ..........
Nebraska............................. 5 5 ......... ......... 5 ........ ..........
Nevada............................... 3 3 ......... ......... 3 ........ ..........
New Hampshire........................ 4 4 ......... ......... 4 ........ ..........
New Jersey........................... 17 17 ......... ......... 17 ........ ..........
New Mexico........................... 4 4 ......... ......... 4 ........ ..........
New York............................. 43 ........ 43 ......... ........ 43 ..........
North Carolina....................... 13 12 ......... 1 12 ........ 1
North Dakota......................... 4 4 ......... ......... 4 ........ ..........
Ohio................................. 26 26 ......... ......... 26 ........ ..........
Oklahoma............................. 8 8 ......... ......... 8 ........ ..........
Oregon............................... 6 6 ......... ......... 6 ........ ..........
Pennsylvania......................... 29 ........ 29 ......... ........ 29 ..........
Rhode Island......................... 4 ........ 4 ......... ........ 4 ..........
South Carolina....................... 8 8 ......... ......... 8 ........ ..........
South Dakota......................... 4 4 ......... ......... 4 ........ ..........
Tennessee............................ 11 11 ......... ......... 11 ........ ..........
Texas................................ 25 ........ 25 ......... ........ 25 ..........
Utah................................. 4 4 ......... ......... 4 ........ ..........
Vermont.............................. 3 3 ......... ......... 3 ........ ..........
Virginia............................. 12 12 ......... ......... 12 ........ ..........
Washington........................... 9 ........ 9 ......... ........ 9 ..........
West Virginia........................ 7 ........ 7 ......... ........ 7 ..........
Wisconsin............................ 12 12 ......... ......... 12 ........ ..........
Wyoming.............................. 3 3 ......... ......... 3 ........ ..........
--------------------------------------------------------------------------
Total.......................... 538 301 191 46 301 191 46
----------------------------------------------------------------------------------------------------------------
[947]
[947]
947
947
ELECTION FOR THE FORTY-SEVENTH TERM, 1973-1977 \1\
Richard M. Nixon, President; Spiro T. Agnew, Vice President
----------------------------------------------------------------------------------------------------------------
For President For Vice President
------------------------------------------------------------------
Electoral R.
States votes of Richard M. George John Spiro T. Sargent Theodora
each Nixon, of McGovern, Hospers, Agnew, Shriver, Nathan,
State California of South of of of of Oregon
Dakota California Maryland Maryland
----------------------------------------------------------------------------------------------------------------
Alabama........................... 9 9 .......... .......... 9 ........ .........
Alaska............................ 3 3 .......... .......... 3 ........ .........
Arizona........................... 6 6 .......... .......... 6 ........ .........
Arkansas.......................... 6 6 .......... .......... 6 ........ .........
California........................ 45 45 .......... .......... 45 ........ .........
Colorado.......................... 7 7 .......... .......... 7 ........ .........
Connecticut....................... 8 8 .......... .......... 8 ........ .........
Delaware.......................... 3 3 .......... .......... 3 ........ .........
District of Columbia.............. 3 .......... 3 .......... ........ 3 .........
Florida........................... 17 17 .......... .......... 17 ........ .........
Georgia........................... 12 12 .......... .......... 12 ........ .........
Hawaii............................ 4 4 .......... .......... 4 ........ .........
Idaho............................. 4 4 .......... .......... 4 ........ .........
Illinois.......................... 26 26 .......... .......... 26 ........ .........
Indiana........................... 13 13 .......... .......... 13 ........ .........
Iowa.............................. 8 8 .......... .......... 8 ........ .........
Kansas............................ 7 7 .......... .......... 7 ........ .........
Kentucky.......................... 9 9 .......... .......... 9 ........ .........
Louisiana......................... 10 10 .......... .......... 10 ........ .........
Maine............................. 4 4 .......... .......... 4 ........ .........
Maryland.......................... 10 10 .......... .......... 10 ........ .........
Massachusetts..................... 14 .......... 14 .......... ........ 14 .........
Michigan.......................... 21 21 .......... .......... 21 ........ .........
Minnesota......................... 10 10 .......... .......... 10 ........ .........
Mississippi....................... 7 7 .......... .......... 7 ........ .........
Missouri.......................... 12 12 .......... .......... 12 ........ .........
Montana........................... 4 4 .......... .......... 4 ........ .........
Nebraska.......................... 5 5 .......... .......... 5 ........ .........
Nevada............................ 3 3 .......... .......... 3 ........ .........
New Hampshire..................... 4 4 .......... .......... 4 ........ .........
New Jersey........................ 17 17 .......... .......... 17 ........ .........
New Mexico........................ 4 4 .......... .......... 4 ........ .........
New York.......................... 41 41 .......... .......... 41 ........ .........
North Carolina.................... 13 13 .......... .......... 13 ........ .........
North Dakota...................... 3 3 .......... .......... 3 ........ .........
Ohio.............................. 25 25 .......... .......... 25 ........ .........
Oklahoma.......................... 8 8 .......... .......... 8 ........ .........
Oregon............................ 6 6 .......... .......... 6 ........ .........
Pennsylvania...................... 27 27 .......... .......... 27 ........ .........
Rhode Island...................... 4 4 .......... .......... 4 ........ .........
South Carolina.................... 8 8 .......... .......... 8 ........ .........
South Dakota...................... 4 4 .......... .......... 4 ........ .........
Tennessee......................... 10 10 .......... .......... 10 ........ .........
Texas............................. 26 26 .......... .......... 26 ........ .........
Utah.............................. 4 4 .......... .......... 4 ........ .........
Vermont........................... 3 3 .......... .......... 3 ........ .........
Virginia.......................... 12 11 .......... 1 11 ........ 1
Washington........................ 9 9 .......... .......... 9 ........ .........
WestVirginia...................... 6 6 .......... .......... 6 ........ .........
Wisconsin......................... 11 11 .......... .......... 11 ........ .........
Wyoming........................... 3 3 .......... .......... 3 ........ .........
-----------------------------------------------------------------------------
Total....................... 538 520 17 1 520 17 1
----------------------------------------------------------------------------------------------------------------
\1\ Spiro T. Agnew resigned as Vice President on Oct. 10, 1973. Gerald R. Ford was sworn in as Vice President on
Dec. 6, 1973. Richard M. Nixon resigned as President on Aug. 9, 1974, and Gerald R. Ford was sworn in as
President on the same date. Nelson A. Rockefeller was sworn in as Vice President on Dec. 19, 1974.
[948]
[948]
948
948
ELECTION FOR THE FORTY-EIGHTH TERM, 1977-1981
Jimmy Carter, President; Walter F. Mondale, Vice President
----------------------------------------------------------------------------------------------------------------
For President For Vice President
Electoral ----------------------------------------------------------------
States votes of Jimmy Gerald R. Ronald Walter F. Robert
each Carter, of Ford, of Reagan, of Mondale, of Dole, of
State Georgia Michigan California Minnesota Kansas
----------------------------------------------------------------------------------------------------------------
Alabama............................. 9 9 ........... ........... 9 ...........
Alaska.............................. 3 ........... 3 ........... ........... 3
Arizona............................. 6 ........... 6 ........... ........... 6
Arkansas............................ 6 6 ........... ........... 6 ...........
California.......................... 45 ........... 45 ........... ........... 45
Colorado............................ 7 ........... 7 ........... ........... 7
Connecticut......................... 8 ........... 8 ........... ........... 8
Delaware............................ 3 3 ........... ........... 3 ...........
District of Columbia................ 3 3 ........... ........... 3 ...........
Florida............................. 17 17 ........... ........... 17 ...........
Georgia............................. 12 12 ........... ........... 12 ...........
Hawaii.............................. 4 4 ........... ........... 4 ...........
Idaho............................... 4 ........... 4 ........... ........... 4
Illinois............................ 26 ........... 26 ........... ........... 26
Indiana............................. 13 ........... 13 ........... ........... 13
Iowa................................ 8 ........... 8 ........... ........... 8
Kansas.............................. 7 ........... 7 ........... ........... 7
Kentucky............................ 9 9 ........... ........... 9 ...........
Louisiana........................... 10 10 ........... ........... 10 ...........
Maine............................... 4 ........... 4 ........... ........... 4
Maryland............................ 10 10 ........... ........... 10 ...........
Massachusetts....................... 14 14 ........... ........... 14 ...........
Michigan............................ 21 ........... 21 ........... ........... 21
Minnesota........................... 10 10 ........... ........... 10 ...........
Mississippi......................... 7 7 ........... ........... 7 ...........
Missouri............................ 12 12 ........... ........... 12 ...........
Montana............................. 4 ........... 4 ........... ........... 4
Nebraska............................ 5 ........... 5 ........... ........... 5
Nevada.............................. 3 ........... 3 ........... ........... 3
New Hampshire....................... 4 ........... 4 ........... ........... 4
New Jersey.......................... 17 ........... 17 ........... ........... 17
New Mexico.......................... 4 ........... 4 ........... ........... 4
New York............................ 41 41 ........... ........... 41 ...........
North Carolina...................... 13 13 ........... ........... 13 ...........
North Dakota........................ 3 ........... 3 ........... ........... 3
Ohio................................ 25 25 ........... ........... 25 ...........
Oklahoma............................ 8 ........... 8 ........... ........... 8
Oregon.............................. 6 ........... 6 ........... ........... 6
Pennsylvania........................ 27 27 ........... ........... 27 ...........
Rhode Island........................ 4 4 ........... ........... 4 ...........
South Carolina...................... 8 8 ........... ........... 8 ...........
South Dakota........................ 4 ........... 4 ........... ........... 4
Tennessee........................... 10 10 ........... ........... 10 ...........
Texas............................... 26 26 ........... ........... 26 ...........
Utah................................ 4 ........... 4 ........... ........... 4
Vermont............................. 3 ........... 3 ........... ........... 3
Virginia............................ 12 ........... 12 ........... ........... 12
Washington.......................... 9 ........... 8 1 ........... 9
West Virginia....................... 6 6 ........... ........... 6 ...........
Wisconsin........................... 11 11 ........... ........... 11 ...........
Wyoming............................. 3 ........... 3 ........... ........... 3
---------------------------------------------------------------------------
Total......................... 538 297 240 1 297 241
----------------------------------------------------------------------------------------------------------------
[949]
[949]
949
949
ELECTION FOR THE FORTY-NINTH TERM, 1981-1985
Ronald Reagan, President; George Bush, Vice President
----------------------------------------------------------------------------------------------------------------
For President For Vice President
Electoral ---------------------------------------------------
States votes of Ronald Jimmy George Walter F.
each State Reagan, of Carter, of Bush, of Mondale, of
California Georgia Texas Minnesota
----------------------------------------------------------------------------------------------------------------
Alabama........................................ 9 9 ........... 9 ...........
Alaska......................................... 3 3 ........... 3 ...........
Arizona........................................ 6 6 ........... 6 ...........
Arkansas....................................... 6 6 ........... 6 ...........
California..................................... 45 45 ........... 45 ...........
Colorado....................................... 7 7 ........... 7 ...........
Connecticut.................................... 8 8 ........... 8 ...........
Delaware....................................... 3 3 ........... 3 ...........
District of Columbia........................... 3 ........... 3 ........... 3
Florida........................................ 17 17 ........... 17 ...........
Georgia........................................ 12 ........... 12 ........... 12
Hawaii......................................... 4 ........... 4 ........... 4
Idaho.......................................... 4 4 ........... 4 ...........
Illinois....................................... 26 26 ........... 26 ...........
Indiana........................................ 13 13 ........... 13 ...........
Iowa........................................... 8 8 ........... 8 ...........
Kansas......................................... 7 7 ........... 7 ...........
Kentucky....................................... 9 9 ........... 9 ...........
Louisiana...................................... 10 10 ........... 10 ...........
Maine.......................................... 4 4 ........... 4 ...........
Maryland....................................... 10 ........... 10 ........... 10
Massachusetts.................................. 14 14 ........... 14 ...........
Michigan....................................... 21 21 ........... 21 ...........
Minnesota...................................... 10 ........... 10 ........... 10
Mississippi.................................... 7 7 ........... 7 ...........
Missouri....................................... 12 12 ........... 12 ...........
Montana........................................ 4 4 ........... 4 ...........
Nebraska....................................... 5 5 ........... 5 ...........
Nevada......................................... 3 3 ........... 3 ...........
New Hampshire.................................. 4 4 ........... 4 ...........
New Jersey..................................... 17 17 ........... 17 ...........
New Mexico..................................... 4 4 ........... 4 ...........
New York....................................... 41 41 ........... 41 ...........
North Carolina................................. 13 13 ........... 13 ...........
North Dakota................................... 3 3 ........... 3 ...........
Ohio........................................... 25 25 ........... 25 ...........
Oklahoma....................................... 8 8 ........... 8 ...........
Oregon......................................... 6 6 ........... 6 ...........
Pennsylvania................................... 27 27 ........... 27 ...........
Rhode Island................................... 4 ........... 4 ........... 4
South Carolina................................. 8 8 ........... 8 ...........
South Dakota................................... 4 4 ........... 4 ...........
Tennessee...................................... 10 10 ........... 10 ...........
Texas.......................................... 26 26 ........... 26 ...........
Utah........................................... 4 4 ........... 4 ...........
Vermont........................................ 3 3 ........... 3 ...........
Virginia....................................... 12 12 ........... 12 ...........
Washington..................................... 9 9 ........... 9 ...........
West Virginia.................................. 6 ........... 6 ........... 6
Wisconsin...................................... 11 11 ........... 11 ...........
Wyoming........................................ 3 3 ........... 3 ...........
----------------------------------------------------------------
Total.................................... 538 489 49 489 49
----------------------------------------------------------------------------------------------------------------
[949.1]
[949.1]
949.1
ELECTION FOR THE FIFTIETH TERM, 1985-1989
Ronald Reagan, President; George Bush, Vice President
----------------------------------------------------------------------------------------------------------------
For President For Vice President
Electoral ---------------------------------------------------
States votes of Ronald Walter F. George Geraldine
each State Reagan, of Mondale, of Bush, of A. Ferraro,
California Minnesota Texas of New York
----------------------------------------------------------------------------------------------------------------
Alabama........................................ 9 9 ........... 9 ...........
Alaska......................................... 3 3 ........... 3 ...........
Arizona........................................ 7 7 ........... 7 ...........
Arkansas....................................... 6 6 ........... 6 ...........
California..................................... 47 47 ........... 47 ...........
Colorado....................................... 8 8 ........... 8 ...........
Connecticut.................................... 8 8 ........... 8 ...........
Delaware....................................... 3 3 ........... 3 ...........
District of Columbia........................... 3 ........... 3 ........... 3
Florida........................................ 21 21 ........... 21 ...........
Georgia........................................ 12 12 ........... 12 ...........
Hawaii......................................... 4 4 ........... 4 ...........
Idaho.......................................... 4 4 ........... 4 ...........
Illinois....................................... 24 24 ........... 24 ...........
Indiana........................................ 12 12 ........... 12 ...........
Iowa........................................... 8 8 ........... 8 ...........
Kansas......................................... 7 7 ........... 7 ...........
Kentucky....................................... 9 9 ........... 9 ...........
Louisiana...................................... 10 10 ........... 10 ...........
Maine.......................................... 4 4 ........... 4 ...........
Maryland....................................... 10 10 ........... 10 ...........
Massachusetts.................................. 13 13 ........... 13 ...........
Michigan....................................... 20 20 ........... 20 ...........
Minnesota...................................... 10 ........... 10 ........... 10
Mississippi.................................... 7 7 ........... 7 ...........
Missouri....................................... 11 11 ........... 11 ...........
Montana........................................ 4 4 ........... 4 ...........
Nebraska....................................... 5 5 ........... 5 ...........
Nevada......................................... 4 4 ........... 4 ...........
New Hampshire.................................. 4 4 ........... 4 ...........
New Jersey..................................... 16 16 ........... 16 ...........
New Mexico..................................... 5 5 ........... 5 ...........
New York....................................... 36 36 ........... 36 ...........
North Carolina................................. 13 13 ........... 13 ...........
North Dakota................................... 3 3 ........... 3 ...........
Ohio........................................... 23 23 ........... 23 ...........
Oklahoma....................................... 8 8 ........... 8 ...........
Oregon......................................... 7 7 ........... 7 ...........
Pennsylvania................................... 25 25 ........... 25 ...........
Rhode Island................................... 4 4 ........... 4 ...........
South Carolina................................. 8 8 ........... 8 ...........
South Dakota................................... 3 3 ........... 3 ...........
Tennessee...................................... 11 11 ........... 11 ...........
Texas.......................................... 29 29 ........... 29 ...........
Utah........................................... 5 5 ........... 5 ...........
Vermont........................................ 3 3 ........... 3 ...........
Virginia....................................... 12 12 ........... 12 ...........
Washington..................................... 10 10 ........... 10 ...........
West Virginia.................................. 6 6 ........... 6 ...........
Wisconsin...................................... 11 11 ........... 11 ...........
Wyoming........................................ 3 3 ........... 3 ...........
----------------------------------------------------------------
Total.................................... 538 525 13 525 13
----------------------------------------------------------------------------------------------------------------
[949.2]
[949.2]
949.2
ELECTION FOR THE FIFTY-FIRST TERM, 1989-1993
George Bush, President; Dan Quayle, Vice President
----------------------------------------------------------------------------------------------------------------
For President For Vice President
Electoral --------------------------------------------------------------
States votes of Michael
each George Michael S. Lloyd Dan Lloyd S.
State Bush Dukakis Bentsen Quayle Bentsen Dukakis
----------------------------------------------------------------------------------------------------------------
Alabama............................... 9 9 .......... ......... 9 ....... .........
Alaska................................ 3 3 .......... ......... 3 ....... .........
Arizona............................... 7 7 .......... ......... 7 ....... .........
Arkansas.............................. 6 6 .......... ......... 6 ....... .........
California............................ 47 47 .......... ......... 47 ....... .........
Colorado.............................. 8 8 .......... ......... 8 ....... .........
Connecticut........................... 8 8 .......... ......... 8 ....... .........
Delaware.............................. 3 3 .......... ......... 3 ....... .........
District of Columbia.................. 3 ......... 3 ......... ....... 3 .........
Florida............................... 21 21 .......... ......... 21 ....... .........
Georgia............................... 12 12 .......... ......... 12 ....... .........
Hawaii................................ 4 ......... 4 ......... ....... 4 .........
Idaho................................. 4 4 .......... ......... 4 ....... .........
Illinois.............................. 24 24 .......... ......... 24 ....... .........
Indiana............................... 12 12 .......... ......... 12 ....... .........
Iowa.................................. 8 ......... 8 ......... ....... 8 .........
Kansas................................ 7 7 .......... ......... 7 ....... .........
Kentucky.............................. 9 9 .......... ......... 9 ....... .........
Louisiana............................. 10 10 .......... ......... 10 ....... .........
Maine................................. 4 4 .......... ......... 4 ....... .........
Maryland.............................. 10 10 .......... ......... 10 ....... .........
Massachusetts......................... 13 ......... 13 ......... ....... 13 .........
Michigan.............................. 20 20 .......... ......... 20 ....... .........
Minnesota............................. 10 ......... 10 ......... ....... 10 .........
Mississippi........................... 7 7 .......... ......... 7 ....... .........
Missouri.............................. 11 11 .......... ......... 11 ....... .........
Montana............................... 4 4 .......... ......... 4 ....... .........
Nebraska.............................. 5 5 .......... ......... 5 ....... .........
Nevada................................ 4 4 .......... ......... 4 ....... .........
New Hampshire......................... 4 4 .......... ......... 4 ....... .........
New Jersey............................ 16 16 .......... ......... 16 ....... .........
New Mexico............................ 5 5 .......... ......... 5 ....... .........
New York.............................. 36 ......... 36 ......... ....... 36 .........
North Carolina........................ 13 13 .......... ......... 13 ....... .........
North Dakota.......................... 3 3 .......... ......... 3 ....... .........
Ohio.................................. 23 23 .......... ......... 23 ....... .........
Oklahoma.............................. 8 8 .......... ......... 8 ....... .........
Oregon................................ 7 ......... 7 ......... ....... 7 .........
Pennsylvania.......................... 25 25 .......... ......... 25 ....... .........
Rhode Island.......................... 4 ......... 4 ......... ....... 4 .........
South Carolina........................ 8 8 .......... ......... 8 ....... .........
South Dakota.......................... 3 3 .......... ......... 3 ....... .........
Tennessee............................. 11 11 .......... ......... 11 ....... .........
Texas................................. 29 29 .......... ......... 29 ....... .........
Utah.................................. 5 5 .......... ......... 5 ....... .........
Vermont............................... 3 3 .......... ......... 3 ....... .........
Virginia.............................. 12 12 .......... ......... 12 ....... .........
Washington............................ 10 ......... 10 ......... ....... 10 .........
West Virginia......................... 6 ......... 5 1 ....... 5 1
Wisconsin............................. 11 ......... 11 ......... ....... 11 .........
Wyoming............................... 3 3 .......... ......... 3 ....... .........
-------------------------------------------------------------------------
Total........................... 538 426 111 1 426 111 1
----------------------------------------------------------------------------------------------------------------
[949.3]
[949.3]
949.3
ELECTION FOR THE FIFTY-SECOND TERM, 1993-1997
William J. Clinton, President; Albert Gore, Jr., Vice President
----------------------------------------------------------------------------------------------------------------
For President For Vice President
Electoral ---------------------------------------------------
States votes of Bill
each State Clinton George Bush Al Gore Dan Quayle
----------------------------------------------------------------------------------------------------------------
Alabama........................................ 9 ........... 9 ........... 9
Alaska......................................... 3 ........... 3 ........... 3
Arizona........................................ 8 ........... 8 ........... 8
Arkansas....................................... 6 6 ........... 6 ...........
California..................................... 54 54 ........... 54 ...........
Colorado....................................... 8 8 ........... 8 ...........
Connecticut.................................... 8 8 ........... 8 ...........
Delaware....................................... 3 3 ........... 3 ...........
District of Columbia........................... 3 3 ........... 3 ...........
Florida........................................ 25 ........... 25 ........... 25
Georgia........................................ 13 13 ........... 13 ...........
Hawaii......................................... 4 4 ........... 4 ...........
Idaho.......................................... 4 ........... 4 ........... 4
Illinois....................................... 22 22 ........... 22 ...........
Indiana........................................ 12 ........... 12 ........... 12
Iowa........................................... 7 7 ........... 7 ...........
Kansas......................................... 6 ........... 6 ........... 6
Kentucky....................................... 8 8 ........... 8 ...........
Louisiana...................................... 9 9 ........... 9 ...........
Maine.......................................... 4 4 ........... 4 ...........
Maryland....................................... 10 10 ........... 10 ...........
Massachusetts.................................. 12 12 ........... 12 ...........
Michigan....................................... 18 18 ........... 18 ...........
Minnesota...................................... 10 10 ........... 10 ...........
Mississippi.................................... 7 ........... 7 ........... 7
Missouri....................................... 11 11 ........... 11 ...........
Montana........................................ 3 3 ........... 3 ...........
Nebraska....................................... 5 ........... 5 ........... 5
Nevada......................................... 4 4 ........... 4 ...........
New Hampshire.................................. 4 4 ........... 4 ...........
New Jersey..................................... 15 15 ........... 15 ...........
New Mexico..................................... 5 5 ........... 5 ...........
New York....................................... 33 33 ........... 33 ...........
North Carolina................................. 14 ........... 14 ........... 14
North Dakota................................... 3 ........... 3 ........... 3
Ohio........................................... 21 21 ........... 21 ...........
Oklahoma....................................... 8 ........... 8 ........... 8
Oregon......................................... 7 7 ........... 7 ...........
Pennsylvania................................... 23 23 ........... 23 ...........
Rhode Island................................... 4 4 ........... 4 ...........
South Carolina................................. 8 ........... 8 ........... 8
South Dakota................................... 3 ........... 3 ........... 3
Tennessee...................................... 11 11 ........... 11 ...........
Texas.......................................... 32 ........... 32 ........... 32
Utah........................................... 5 ........... 5 ........... 5
Vermont........................................ 3 3 ........... 3 ...........
Virginia....................................... 13 ........... 13 ........... 13
Washington..................................... 11 11 ........... 11 ...........
West Virginia.................................. 5 5 ........... 5 ...........
Wisconsin...................................... 11 11 ........... 11 ...........
Wyoming........................................ 3 ........... 3 ........... 3
----------------------------------------------------------------
Total.................................... 538 370 168 370 168
----------------------------------------------------------------------------------------------------------------
[949.4]
[949.4]
949.4
ELECTION FOR THE FIFTY-THIRD TERM, 1997-2001
William J. Clinton, President; Albert Gore, Jr., Vice President
----------------------------------------------------------------------------------------------------------------
For President For Vice President
Electoral ---------------------------------------------------
States votes of Bill
each State Clinton Bob Dole Al Gore Jack Kemp
----------------------------------------------------------------------------------------------------------------
Alabama........................................ 9 ........... 9 ........... 9
Alaska......................................... 3 ........... 3 ........... 3
Arizona........................................ 8 8 ........... 8 ...........
Arkansas....................................... 6 6 ........... 6 ...........
California..................................... 54 54 ........... 54 ...........
Colorado....................................... 8 ........... 8 ........... 8
Connecticut.................................... 8 8 ........... 8 ...........
Delaware....................................... 3 3 ........... 3 ...........
District of Columbia........................... 3 3 ........... 3 ...........
Florida........................................ 25 25 ........... 25 ...........
Georgia........................................ 13 ........... 13 ........... 13
Hawaii......................................... 4 4 ........... 4 ...........
Idaho.......................................... 4 ........... 4 ........... 4
Illinois....................................... 22 22 ........... 22 ...........
Indiana........................................ 12 ........... 12 ........... 12
Iowa........................................... 7 7 ........... 7 ...........
Kansas......................................... 6 ........... 6 ........... 6
Kentucky....................................... 8 8 ........... 8 ...........
Louisiana...................................... 9 9 ........... 9 ...........
Maine.......................................... 4 4 ........... 4 ...........
Maryland....................................... 10 10 ........... 10 ...........
Massachusetts.................................. 12 12 ........... 12 ...........
Michigan....................................... 18 18 ........... 18 ...........
Minnesota...................................... 10 10 ........... 10 ...........
Mississippi.................................... 7 ........... 7 ........... 7
Missouri....................................... 11 11 ........... 11 ...........
Montana........................................ 3 ........... 3 ........... 3
Nebraska....................................... 5 ........... 5 ........... 5
Nevada......................................... 4 4 ........... 4 ...........
New Hampshire.................................. 4 4 ........... 4 ...........
New Jersey..................................... 15 15 ........... 15 ...........
New Mexico..................................... 5 5 ........... 5 ...........
New York....................................... 33 33 ........... 33 ...........
North Carolina................................. 14 ........... 14 ........... 14
North Dakota................................... 3 ........... 3 ........... 3
Ohio........................................... 21 21 ........... 21 ...........
Oklahoma....................................... 8 ........... 8 ........... 8
Oregon......................................... 7 7 ........... 7 ...........
Pennsylvania................................... 23 23 ........... 23 ...........
Rhode Island................................... 4 4 ........... 4 ...........
South Carolina................................. 8 ........... 8 ........... 8
South Dakota................................... 3 ........... 3 ........... 3
Tennessee...................................... 11 11 ........... 11 ...........
Texas.......................................... 32 ........... 32 ........... 32
Utah........................................... 5 ........... 5 ........... 5
Vermont........................................ 3 3 ........... 3 ...........
Virginia....................................... 13 ........... 13 ........... 13
Washington..................................... 11 11 ........... 11 ...........
West Virginia.................................. 5 5 ........... 5 ...........
Wisconsin...................................... 11 11 ........... 11 ...........
Wyoming........................................ 3 ........... 3 ........... 3
Total.................................... 538 379 159 379 159
----------------------------------------------------------------------------------------------------------------
[950]
[950]
justices of the supreme court
justices of the supreme court
950
950
[950]
JUSTICES OF THE SUPREME COURT, 1789 TO 2000 \1\
----------------------------------------------------------------------------------------------------------------
Years
Name \2\ State whence appointed Date of commission Date service of
\3\ terminated service
----------------------------------------------------------------------------------------------------------------
chief justices
1. John Jay...................... New York................ Sept. 26, 1789 June 29, 1795 5
2. John Rutledge \4\............. South Carolina.......... July 1, 1795 Dec. 15, 1795 (\5\)
3. Oliver Ellsworth.............. Connecticut............. Mar. 4, 1796 Dec. 15, 1800 4
4. John Marshall................. Virginia................ Jan. 31, 1801 July 6, 1835 34
5. Roger Brooke Taney............ Maryland................ Mar. 15, 1836 Oct. 12, 1864 28
6. Salmon Portland Chase......... Ohio.................... Dec. 6, 1864 May 7, 1873 8
7. Morrison Remick Waite......... ....do.................. Jan. 21, 1874 Mar. 23, 1888 14
8. Melville Weston Fuller........ Illinois................ July 20, 1888 July 4, 1910 21
9. Edward Douglas White.......... Louisiana............... Dec. 12, 1910 May 19, 1921 \5\ 10
10. William Howard Taft........... Connecticut............. June 30, 1921 Feb. 3, 1930 8
11. Charles Evans Hughes.......... New York................ Feb. 13, 1930 June 30, 1941 \5\ 11
12. Harlan Fiske Stone............ ......do................ July 3, 1941 Apr. 22, 1946 \5\ 4
13. Fred Moore Vinson............. Kentucky................ June 21, 1946 Sept. 8, 1953 7
14. Earl Warren................... California.............. Oct. 2, 1953 June 23, 1969 15
15. Warren E. Burger.............. Virginia................ June 23, 1969 Sept. 26, 1986 17
16. William Hubbs Rehnquist....... Virginia................ Sept. 25, 1986 ................... (\5\)
associate justices
1. John Rutledge................. South Carolina.......... Sept. 26, 1789 Mar. 5, 1791 1
2. William Cushing............... Massachusetts........... Sept. 27, 1789 Sept. 13, 1810 20
3. James Wilson.................. Pennsylvania............ Sept. 29, 1789 Aug. 21, 1798 8
4. John Blair.................... Virginia................ Sept. 30, 1789 Jan. 27, 1796 5
5. James Iredell................. North Carolina.......... Feb. 10, 1790 Oct. 20, 1799 9
6. Thomas Johnson................ Maryland................ Nov. 7, 1791 Feb. 1, 1793 1
7. William Paterson.............. New Jersey.............. Mar. 4, 1793 Sept. 9, 1806 13
8. Samuel Chase.................. Maryland................ Jan. 27, 1796 June 19, 1811 15
9. Bushrod Washington............ Virginia................ Dec. 20, 1798 Nov. 26, 1829 30
10. Alfred Moore.................. North Carolina.......... Dec. 10, 1799 Jan. 26, 1804 3
11. William Johnson............... South Carolina.......... Mar. 26, 1804 Aug. 4, 1834 30
12. Henry B. Livingston........... New York................ Nov. 10, 1806 Mar. 18, 1823 16
13. Thomas Todd................... Kentucky................ Mar. 3, 1807 Feb. 7, 1826 18
14. Gabriel Duvall................ Maryland................ Nov. 18, 1811 Jan. 14, 1835 23
15. Joseph Story.................. Massachusetts........... ......do Sept. 10, 1845 33
16. Smith Thompson................ New York................ Dec. 9, 1823 Dec. 18, 1843 20
17. Robert Trimble................ Kentucky................ May 9, 1826 Aug. 25, 1828 2
18. John McLean................... Ohio.................... Mar. 7, 1829 Apr. 4, 1861 31
19. Henry Baldwin................. Pennsylvania............ Jan. 6, 1830 Apr. 21, 1844 14
20. James Moore Wayne............. Georgia................. Jan. 9, 1835 July 5, 1867 32
21. Philip Pendleton Barbour...... Virginia................ Mar. 15, 1836 Feb. 25, 1841 4
22. John Catron................... Tennessee............... Mar. 8, 1837 May 30, 1865 28
23. John McKinley................. Alabama................. Sept. 25, 1837 July 19, 1852 14
24. Peter Vivian Daniel........... Virginia................ Mar. 3, 1841 May 31, 1860 18
25. Samuel Nelson................. New York................ Feb. 13, 1845 Nov. 28, 1872 27
26. Levi Woodbury................. New Hampshire........... Sept. 20, 1845 Sept. 4, 1851 5
27. Robert Cooper Grier........... Pennsylvania............ Aug. 4, 1846 Jan. 31, 1870 23
28. Benjamin Robbins Curtis....... Massachusetts........... Sept. 22, 1851 Sept. 30, 1857 6
29. John Archibald Campbell....... Alabama................. Mar. 22, 1853 Apr. 30, 1861 8
30. Nathan Clifford............... Maine................... Jan. 12, 1858 July 25, 1881 23
31. Noah Haynes Swayne............ Ohio.................... Jan. 24, 1862 Jan. 24, 1881 18
32. Samuel Freeman Miller......... Iowa.................... July 16, 1862 Oct. 13, 1890 28
33. David Davis................... Illinois................ Dec. 8, 1862 Mar. 4, 1877 14
34. Stephen Johnson Field......... California.............. Mar. 10, 1863 Dec. 1, 1897 34
35. William Strong................ Pennsylvania............ Feb. 18, 1870 Dec. 14, 1880 10
36. Joseph P. Bradley............. New Jersey.............. Mar. 21, 1870 Jan. 22, 1892 21
37. Ward Hunt..................... New York................ Dec. 11, 1872 Jan. 27, 1882 9
38. John Marshall Harlan.......... Kentucky................ Nov. 29, 1877 Oct. 14, 1911 33
39. William Burnham Woods......... Georgia................. Dec. 21, 1880 May 14, 1887 6
40. Stanley Matthews.............. Ohio.................... May 12, 1881 Mar. 22, 1889 7
41. Horace Gray................... Massachusetts........... Dec. 20, 1881 Sept. 15, 1902 20
42. Samuel Blatchford............. New York................ Mar. 22, 1882 July 7, 1893 11
43. Lucius Quintus C. Lamar....... Mississippi............. Jan. 16, 1888 Jan. 23, 1893 5
44. David Josiah Brewer........... Kansas.................. Dec. 18, 1889 Mar. 28, 1910 20
45. Henry Billings Brown.......... Michigan................ Dec. 29, 1890 May 28, 1906 15
46. George Shiras, Jr............. Pennsylvania............ July 26, 1892 Feb. 23, 1903 10
47. Howell Edmunds Jackson........ Tennessee............... Feb. 18, 1893 Aug. 8, 1895 2
48. Edward Douglas White.......... Louisiana............... Feb. 19, 1894 Dec. 18, 1910 16
49. Rufus Wheeler Peckham......... New York................ Dec. 9, 1895 Oct. 24, 1909 13
50. Joseph McKenna................ California.............. Jan. 21, 1898 Jan. 5, 1925 26
51. Oliver Wendell Holmes......... Massachusetts........... Dec. 4, 1902 Jan. 12, 1932 29
52. William Rufus Day............. Ohio.................... Feb. 23, 1903 Nov. 13, 1922 19
53. William Henry Moody........... Massachusetts........... Dec. 12, 1906 Nov. 20, 1910 3
54. Horace Harmon Lurton.......... Tennessee............... Dec. 20, 1909 July 12, 1914 4
55. Charles Evans Hughes.......... New York................ May 2, 1910 June 10, 1916 5
56. Willis Van Devanter........... Wyoming................. Dec. 16, 1910 June 2, 1937 26
57. Joseph Rucker Lamar........... Georgia................. Dec. 17, 1910 Jan. 2, 1916 4
58. Mahlon Pitney................. New Jersey.............. Mar. 13, 1912 Dec. 31, 1922 10
59. James Clark McReynolds........ Tennessee............... Aug. 29, 1914 Jan. 31, 1941 26
60. Louis Dembitz Brandeis........ Massachusetts........... June 1, 1916 Feb. 13, 1939 22
61. John Hessin Clarke............ Ohio.................... July 24, 1916 Sept. 18, 1922 5
62. George Sutherland............. Utah.................... Sept. 5, 1922 Jan. 17, 1938 15
63. Pierce Butler................. Minnesota............... Dec. 21, 1922 Nov. 16, 1939 16
64. Edward Terry Sanford.......... Tennessee............... Jan. 29, 1923 Mar. 8, 1930 7
65. Harlan Fiske Stone............ New York................ Feb. 5, 1925 July 2, 1941 16
66. Owen Josephus Roberts......... Pennsylvania............ May 20, 1930 July 31, 1945 15
67. Benjamin Nathan Cardozo....... New York................ Mar. 2, 1932 July 9, 1938 6
68. Hugo Lafayette Black.......... Alabama................. Aug. 18, 1937 Sept. 17, 1971 34
69. Stanley Forman Reed........... Kentucky................ Jan. 27, 1938 Feb. 25, 1957 19
70. Felix Frankfurter............. Massachusetts........... Jan. 20, 1939 Aug. 28, 1962 23
71. William Orville Douglas....... Connecticut............. Apr. 15, 1939 Nov. 12, 1975 36
72. Frank Murphy.................. Michigan................ Jan. 18, 1940 July 19, 1949 9
73. James Francis Byrnes.......... South Carolina.......... June 25, 1941 Oct. 3, 1942 1
74. Robert Houghwout Jackson...... New York................ July 11, 1941 Oct. 9, 1954 13
75. Wiley Blount Rutledge......... Iowa.................... Feb. 11, 1943 Sept. 10, 1949 6
76. Harold Hitz Burton............ Ohio.................... Sept. 22, 1945 Oct. 13, 1958 13
77. Thomas Campbell Clark......... Texas................... Aug. 19, 1949 June 12, 1967 17
78. Sherman Minton................ Indiana................. Oct. 5, 1949 Oct. 15, 1956 7
79. John Marshall Harlan.......... New York................ Mar. 17, 1955 Sept. 23, 1971 16
80. William J. Brennan, Jr........ New Jersey.............. Oct. 15, 1956 July 20, 1990 34
81. Charles Evans Whittaker....... Missouri................ Mar. 22, 1957 Mar. 31, 1962 5
82. Potter Stewart................ Ohio.................... Oct. 14, 1958 July 3, 1981 23
83. Byron R. White................ Colorado................ Apr. 12, 1962 June 28, 1993 31
84. Arthur J. Goldberg............ Illinois................ Sept. 28, 1962 July 25, 1965 2
85. Abe Fortas.................... Tennessee............... Aug. 11, 1965 May 14, 1969 3
86. Thurgood Marshall............. New York................ Aug. 30, 1967 Oct. 1, 1991 24
87. Harry A. Blackmun............. Minnesota............... May 14, 1970 Aug. 3, 1994 24
88. Lewis Franklin Powell, Jr..... Virginia................ Dec. 9, 1971 June 26, 1987 16
89. William Hubbs Rehnquist....... Arizona................. Dec. 15, 1971 Sept. 25, 1986 15
90. John Paul Stevens............. Illinois................ Dec. 17, 1975 ................... .......
91. Sandra Day O'Connor........... Arizona................. Sept. 22, 1981 ................... .......
92. Antonin Scalia................ Virginia................ Sept. 25, 1986 ................... .......
93. Anthony M. Kennedy............ California.............. Feb. 18, 1988 ................... .......
94. David Hackett Souter.......... New Hampshire........... Oct. 29, 1990 ................... .......
95. Clarence Thomas............... Georgia................. Oct. 23, 1991 ................... .......
96. Ruth Bader Ginsburg........... New York................ Aug. 10, 1993 ................... .......
97. Stephen G. Breyer............. Massachusetts........... Aug. 3, 1994 ................... .......
----------------------------------------------------------------------------------------------------------------
\1\Source: Marshal, Supreme Court of the United States.
\2\The acceptance of the appointment and commission by the appointee, as evidenced by the taking of the
prescribed oaths, is here implied, otherwise the individual is not carried on this list of the Members of the
Court. Examples: Robert Hanson Harrison is not carried, as a letter from President Washington of February 9,
1790, states Harrison declined to serve; neither is Edwin M. Stanton, who died before he could take the
necessary steps toward becoming a Member of the Court. Chief Justice Rutledge is included because he took his
oaths and presided over the August term of 1795, his name appearing on two opinions of the Court for that
term.
\3\Where a Member received two commissions the one entered on the Court's Minutes is here used.
\4\Commissioned July 1, 1795 (during adjournment of Congress); presided at August term, 1795. Nomination
rejected by the Senate Dec. 15, 1795.
\5\Also served as Associate Justice.
951
951
SECRETARIES OF STATE
----------------------------------------------------------------------------------------------------------------
Name When appointed President
----------------------------------------------------------------------------------------------------------------
1. Thomas Jefferson.................... Sept. 26, 1789 George Washington.
Do................................ Mar. 4, 1793 Do.
2. Edmund Randolph..................... Jan. 2, 1794 Do.
3. Timothy Pickering................... Dec. 10, 1795 Do.
Do................................ Mar. 4, 1797 John Adams.
4. John Marshall....................... May 13, 1800 Do.
5. James Madison....................... Mar. 5, 1801 Thomas Jefferson.
Do................................ Mar. 4, 1805 Do.
6. Robert Smith........................ Mar. 6, 1809 James Madison.
7. James Monroe........................ Apr. 2, 1811 Do.
Do................................ Feb. 28, 1815 Do.
8. John Quincy Adams................... Mar. 5, 1817 James Monroe.
Do................................ Mar. 5, 1821 Do.
9. Henry Clay.......................... Mar. 7, 1825 John Quincy Adams.
10. Martin Van Buren.................... Mar. 6, 1829 Andrew Jackson.
11. Edward Livingston................... May 24, 1831 Do.
12. Louis McLane........................ May 29, 1833 Do.
13. John Forsyth........................ June 27, 1834 Do.
Do................................ Mar. 4, 1837 Martin Van Buren.
14. Daniel Webster...................... Mar. 5, 1841 William H. Harrison.
Do................................ Apr. 6, 1841 John Tyler.
15. Abel P. Upshur...................... July 24, 1843 Do.
16. John C. Calhoun..................... Mar. 6, 1844 Do.
17. James Buchanan...................... Mar. 6, 1845 James K. Polk.
18. John M. Clayton..................... Mar. 7, 1849 Zachary Taylor.
19. Daniel Webster...................... July 22, 1850 Millard Fillmore.
20. Edward Everett...................... Nov. 6, 1852 Do
21. William L. Marcy.................... Mar. 7, 1853 Franklin Pierce.
22. Lewis Cass.......................... Mar. 6, 1857 James Buchanan.
23. Jeremiah S. Black................... Dec. 17, 1860 Do.
24. William H. Seward................... Mar. 5, 1861 Abraham Lincoln.
Do............................... Mar. 4, 1865 Do.
Do............................... Apr. 15, 1865 Andrew Johnson.
25. Elihu B. Washburne.................. Mar. 5, 1869 Ulysses S. Grant.
26. Hamilton Fish....................... Mar. 11, 1869 Do.
Do............................... Mar. 17, 1873 Do.
27. William M. Evarts................... Mar. 12, 1877 Rutherford B. Hayes.
28. James G. Blaine..................... Mar. 5, 1881 James A. Garfield.
29. Frederick T. Frelinghuysen.......... Dec. 12, 1881 Chester A. Arthur.
30. Thomas F. Bayard.................... Mar. 6, 1885 Grover Cleveland.
31. James G. Blaine..................... Mar. 5, 1889 Benjamin Harrison.
32. John W. Foster...................... June 29, 1892 Do.
33. Walter Q. Gresham................... Mar. 6, 1893 Grover Cleveland.
34. Richard Olney....................... June 8, 1895 Do.
35. John Sherman........................ Mar. 5, 1897 William McKinley.
36. William R. Day...................... Apr. 26, 1898 Do.
37. John Hay............................ Sept. 20, 1898 Do.
Do............................... Mar. 5, 1901 Do.
Do............................... Mar. 6, 1905 Theodore Roosevelt.
38. Elihu Root.......................... July 7, 1905 Do.
39. Robert Bacon........................ Jan. 27, 1909 Do.
40. Philander C. Knox................... Mar. 5, 1909 William H. Taft.
41. William Jennings Bryan.............. Mar. 5, 1913 Woodrow Wilson.
42. Robert Lansing...................... June 23, 1915 Do.
43. Bainbridge Colby.................... Mar. 22, 1920 Do.
44. Charles Evans Hughes................ Mar. 4, 1921 Warren G. Harding.
Do............................... ......................... Calvin Coolidge.
45. Frank B. Kellogg.................... Feb. 18, 1925 Do.
46. Henry Lewis Stimson................. Mar. 5, 1929 Herbert C. Hoover.
47. Cordell Hull........................ Mar. 4, 1933 Franklin D. Roosevelt.
48. Edward R. Stettinius, Jr............ Nov. 30, 1944 Do.
49. James F. Byrnes..................... July 2, 1945 Harry S. Truman.
50. George C. Marshall.................. Jan. 8, 1947 Do.
51. Dean G. Acheson..................... Jan. 19, 1949 Do.
52. John Foster Dulles.................. Jan. 21, 1953 Dwight D. Eisenhower.
53. Christian A. Herter................. Apr. 21, 1959 Do.
54. Dean Rusk........................... Jan. 21, 1961 John F. Kennedy.
Do............................... ......................... Lyndon B. Johnson.
55. William P. Rogers................... Jan. 21, 1969 Richard M. Nixon.
56. Henry A. Kissinger.................. Sept. 21, 1973 Do.
Do................................ ......................... Gerald R. Ford.
57. Cyrus Vance......................... Jan. 21, 1977 Jimmy Carter.
58. Edmund S. Muskie.................... May 8, 1980 Do.
59. Alexander Meigs Haig, Jr............ Jan. 22, 1981 Ronald Reagan.
60. George P. Shultz.................... July 16, 1982 Do.
61. James A. Baker III.................. Jan. 27, 1989 George Bush.
62. Lawrence S. Eagleburger............. Dec. 10, 1992 Do.
63. Warren Christopher.................. Jan. 22, 1993 William J. Clinton.
64. Madeleine K. Albright............... Jan. 23, 1997 Do.
----------------------------------------------------------------------------------------------------------------
952
952
SECRETARIES OF THE TREASURY
----------------------------------------------------------------------------------------------------------------
Name When appointed President
----------------------------------------------------------------------------------------------------------------
1. Alexander Hamilton.................. Sept. 11, 1789 George Washington.
Do............................... Mar. 4, 1793 Do.
2. Oliver Wolcott, Jr.................. Feb. 2, 1795 Do.
Do............................... Mar. 4, 1797 John Adams.
3. Samuel Dexter....................... Jan. 1, 1801 Do.
Do............................... Mar. 4, 1801 Thomas Jefferson.
4. Albert Gallatin..................... May 14, 1801 Do.
Do............................... Mar. 4, 1805 Do.
Do............................... Mar. 4, 1809 James Madison.
5. George W. Campbell.................. Feb. 9, 1814 Do.
6. Alexander J. Dallas................. Oct. 6, 1814 Do.
7. William H. Crawford................. Oct. 22, 1816 Do.
Do............................... Mar. 5, 1817 James Monroe.
Do............................... Mar. 5, 1821 Do.
8. Richard Rush........................ Mar. 7, 1825 John Quincy Adams.
9. Samuel D. Ingham.................... Mar. 6, 1829 Andrew Jackson.
10. Louis McLane........................ Aug. 8, 1831 Do.
11. William J. Duane.................... May 29, 1833 Do.
12. Roger B. Taney...................... Sept. 23, 1833 Do.
13. Levi Woodbury....................... June 27, 1834 Do.
Do............................... Mar. 4, 1837 Martin Van Buren.
14. Thomas Ewing........................ Mar. 5, 1841 William H. Harrison.
Do............................... Apr. 6, 1841 John Tyler.
15. Walter Forward...................... Sept. 13, 1841 Do.
16. John C. Spencer..................... Mar. 3, 1843 Do.
17. George M. Bibb...................... June 15, 1844 Do.
Do............................... ......................... James K. Polk.
18. Robert J. Walker.................... Mar. 6, 1845 Do.
19. William M. Meredith................. Mar. 8, 1849 Zachary Taylor.
Do............................... ......................... Millard Fillmore.
20. Thomas Corwin....................... July 23, 1850 Do.
21. James Guthrie....................... Mar. 7, 1853 Franklin Pierce.
22. Howell Cobb......................... Mar. 6, 1857 James Buchanan.
23. Phillip F. Thomas................... Dec. 12, 1860 Do.
24. John A. Dix......................... Jan. 11, 1861 Do.
25. Salmon P. Chase..................... Mar. 5, 1861 Abraham Lincoln.
26. William Pitt Fessenden.............. July 1, 1864 Do.
27. Hugh McCulloch...................... Mar. 7, 1865 Do.
Do............................... Apr. 15, 1865 Andrew Johnson.
28. George S. Boutwell.................. Mar. 11, 1869 Ulysses S. Grant.
29. William A. Richardson............... Mar. 17, 1873 Do.
30. Benjamin H. Bristow................. June 2, 1874 Do.
31. Lot M. Morrill...................... June 21, 1876 Do.
Do............................... June 21, 1876 Rutherford B. Hayes.
32. John Sherman........................ Mar. 8, 1877 Do.
33. William Windom...................... Mar. 5, 1881 James A. Garfield.
34. Charles J. Folger................... Oct. 27, 1881 Chester A. Arthur.
35. Walter Q. Gresham................... Sept. 24, 1884 Do.
36. Hugh McCulloch...................... Oct. 28, 1884 Do.
Do............................... ......................... Grover Cleveland.
37. Daniel Manning...................... Mar. 6, 1885 Do.
38. Charles S. Fairchild................ Apr. 1, 1887 Do.
Do............................... ......................... Benjamin Harrison.
39. William Windom...................... Mar. 5, 1889 Do.
40. Charles Foster...................... Feb. 24, 1891 Do.
Do............................... ......................... Grover Cleveland.
41. John G. Carlisle.................... Mar. 6, 1893 Do.
Do............................... ......................... William McKinley.
42. Lyman J. Gage....................... Mar. 5, 1897 Do.
Do............................... Mar. 5, 1901 Do.
43. Leslie M. Shaw...................... Jan. 9, 1902 Theodore Roosevelt.
Do............................... Mar. 6, 1905 Do.
44. George B. Cortelyou................. Mar. 4, 1907 Do.
45. Franklin MacVeagh................... Mar. 5, 1909 William H. Taft.
46. William G. McAdoo................... Mar. 5, 1913 Woodrow Wilson.
47. Carter Glass........................ Dec. 6, 1918 Do.
48. David Franklin Houston.............. Jan. 31, 1920 Do.
49. Andrew W. Mellon.................... Mar. 4, 1921 Warren G. Harding.
Do............................... ......................... Calvin Coolidge.
Do............................... ......................... Herbert C. Hoover.
50. Ogden L. Mills...................... Feb. 10, 1932 Do.
51. William H. Woodin................... Mar. 4, 1933 Franklin D. Roosevelt.
52. Henry Morgenthau, Jr................ Jan. 1, 1934 Do.
Do................................ ......................... Harry S. Truman.
53. Fred M. Vinson...................... July 18, 1945 Do.
54. John W. Snyder...................... June 12, 1946 Do.
55. George M. Humphrey.................. Jan. 21, 1953 Dwight D. Eisenhower.
56. Robert B. Anderson.................. July 29, 1957 Do.
57. Douglas Dillon...................... Jan. 21, 1961 John F. Kennedy.
58. Henry H. Fowler..................... Apr. 1, 1965 Lyndon B. Johnson.
59. Joseph W. Barr\1\................... Dec. 21, 1968 Do.
60. David M. Kennedy.................... Jan. 21, 1969 Richard M. Nixon.
61. John B. Connally.................... Feb. 11, 1971 Do.
62. George P. Shultz.................... June 12, 1972 Do.
63. William E. Simon.................... May 7, 1974 Do.
Do................................ ......................... Gerald R. Ford.
64. W. Michael Blumenthal............... Jan. 21, 1977 Jimmy Carter.
65. G. William Miller................... Aug. 6, 1979 Do.
66. Donald T. Regan..................... Jan. 22, 1981 Ronald Reagan.
67. James A. Baker, III................. Feb. 3, 1985 Do.
68. Nicholas F. Brady................... Sept. 15, 1988 Do.
Do................................ ......................... George Bush.
69. Lloyd Bentsen....................... Jan. 22, 1993 William J. Clinton.
70. Robert E. Rubin..................... Jan. 10, 1995 Do.
71. Lawrence H. Summers................. July 2, 1999 Do.
----------------------------------------------------------------------------------------------------------------
\1\Recess appointment. Received new commission Jan. 9, 1969, upon confirmation by the Senate.
953
953
SECRETARIES OF DEFENSE*
----------------------------------------------------------------------------------------------------------------
Name When appointed President
----------------------------------------------------------------------------------------------------------------
1. James V. Forrestal.................. July 28, 1947 Harry S. Truman.
2. Louis A. Johnson.................... Mar. 23, 1949 Do.
3. George C. Marshall.................. Sept. 20, 1950 Do.
4. Robert A. Lovett.................... Sept. 14, 1951 Do.
5. Charles E. Wilson................... Jan. 26, 1953 Dwight D. Eisenhower.
6. Neil Hosler McElroy................. Oct. 4, 1957 Do.
7. Thomas Sovereign Gates, Jr.......... Dec. 1, 1959 Do.
8. Robert S. McNamara.................. Jan. 21, 1961 John F. Kennedy.
Do............................... ......................... Lyndon B. Johnson.
9. Clark M. Clifford................... Mar. 1, 1968 Do.
10. Melvin R. Laird..................... Jan. 21, 1969 Richard M. Nixon.
11. Elliot L. Richardson................ Feb. 2, 1973 Do.
12. James R. Schlesinger................ June 29, 1973 Do.
Do............................... June 29, 1973 Gerald R. Ford.
13. Donald Rumsfeld..................... Nov. 18, 1975 Do.
14. Harold Brown........................ Jan. 21, 1977 Jimmy Carter.
15. Caspar Willard Weinberger........... Jan. 20, 1981 Ronald Reagan.
16. Frank C. Carlucci................... Nov. 23, 1987 Do.
17. Richard B. Cheney................... Mar. 17, 1989 George Bush.
18. Les Aspin........................... Jan. 22, 1993 William J. Clinton.
19. William J. Perry.................... Feb. 3, 1994 Do.
20. William S. Cohen.................... Jan. 24, 1997 Do.
----------------------------------------------------------------------------------------------------------------
*The National Security Act of 1947, Public Law 253, 80th Cong., approved July 26, 1947, created the office of
Secretary of Defense and merged the War and Navy Departments into the National Military Establishment.
954
954
SECRETARIES OF WAR*
----------------------------------------------------------------------------------------------------------------
Name When appointed President
----------------------------------------------------------------------------------------------------------------
1. Harry Knox.......................... Sept. 12, 1789 George Washington.
Do............................... Mar. 4, 1793 Do.
2. Timothy Pickering................... Jan. 2, 1795 Do.
3. James McHenry....................... Jan. 27, 1796 Do.
Do............................... Mar. 4, 1797 John Adams.
4. Samuel Dexter....................... May 13, 1800 Do.
5. Roger Griswold...................... Feb. 3, 1801 Do.
6. Henry Dearborn...................... Mar. 5, 1801 Thomas Jefferson.
Do............................... Mar. 4, 1805 Do.
7. William Eustis...................... Mar. 7, 1809 James Madison.
8. John Armstrong...................... Jan. 13, 1813 Do.
Do............................... Mar. 4, 1813 Do.
9. James Monroe........................ Sept. 27, 1814 Do.
10. William H. Crawford................. Aug. 1, 1815 Do.
11. George Graham....................... Apr. 7, 1817 James Monroe.
12. John C. Calhoun..................... Oct. 8, 1817 Do.
Do............................... Mar. 5, 1821 Do.
13. James Barbour....................... Mar. 7, 1825 John Quincy Adams.
14. Peter B. Porter..................... May 26, 1828 Do.
15. John H. Eaton....................... Mar. 9, 1829 Andrew Jackson.
16. Lewis Cass.......................... Aug. 1, 1831 Do.
Do............................... Mar. 4, 1833 Do.
17. Joel R. Poinsett.................... Mar. 7, 1837 Martin Van Buren.
18. John Bell........................... Mar. 5, 1841 William H. Harrison.
Do............................... Apr. 6, 1841 John Tyler.
19. John McLean......................... Sept. 13, 1841 Do.
20. John C. Spencer..................... Oct. 12, 1841 Do.
21. James M. Porter..................... Mar. 8, 1843 Do.
22. William Wilkins..................... Feb. 15, 1844 Do.
23. William L. Marcy.................... Mar. 6, 1845 James K. Polk.
24. George W. Crawford.................. Mar. 8, 1849 Zachary Taylor.
25. Charles M. Conard................... Aug. 15, 1850 Millard Fillmore.
26. Jefferson Davis..................... Mar. 17, 1853 Franklin Pierce.
27. John B. Floyd....................... Mar. 6, 1857 James Buchanan.
28. Joseph Holt......................... Jan. 18, 1861 Do.
29. Simon Cameron....................... Mar. 5, 1861 Abraham Lincoln.
30. Edwin M. Stanton.................... Jan. 15, 1862 Do.
Do............................... Mar. 4, 1865 Do.
Do............................... Apr. 15, 1865 Andrew Johnson.
31. Ulysses S. Grant.................... Aug. 12, 1867 Do.
32. Lorenzo Thomas...................... Feb. 21, 1868 Do.
33. John M. Schofield................... May 28, 1868 Do.
34. John A. Rawlins..................... Mar. 11, 1869 Ulysses S. Grant.
William T. Sherman...................... Sept. 9, 1869 Do.
35. William W. Belknap.................. Oct. 25, 1869 Do.
Do............................... Mar. 17, 1873 Do.
36. Alphonso Taft....................... Mar. 8, 1876 Do.
37. James D. Cameron.................... May 22, 1876 Do.
38. George W. McCrary................... Mar. 12, 1877 Rutherford B. Hayes.
39. Alexander Ramsey.................... Dec. 10, 1879 Do.
40. Robert T. Lincoln................... Mar. 5, 1881 James A. Garfield.
Do............................... Sept. 20, 1881 Chester A. Arthur.
41. William C. Endicott................. Mar. 6, 1885 Grover Cleveland.
42. Redfield Proctor.................... Mar. 5, 1889 Benjamin Harrison.
43. Stephen B. Elkins................... Dec. 22, 1891 Do.
44. Daniel S. Lamont.................... Mar. 6, 1893 Grover Cleveland.
45. Russell A. Alger.................... Mar. 5, 1897 William McKinley.
46. Elihu Root.......................... Aug. 1, 1899 Do.
Do............................... Mar. 5, 1901 Do.
47. William H. Taft..................... Feb. 1, 1904 Theodore Roosevelt.
Do............................... Mar. 6, 1905 Do.
48. Luke E. Wright...................... June 29, 1908 Do.
49. Jacob M. Dickinson.................. Mar. 5, 1909 William H. Taft.
50. Henry Lewis Stimson................. May 16, 1911 Do.
51. Lindley M. Garrison................. Mar. 5, 1913 Woodrow Wilson.
52. Newton D. Baker..................... Mar. 7, 1916 Do.
53. John Wingate Weeks.................. Mar. 5, 1921 Warren G. Harding.
Do............................... ......................... Calvin Coolidge.
54. Dwight F. Davis..................... Oct. 13, 1925 Do.
55. James William Good.................. Mar. 5, 1929 Herbert C. Hoover.
56. Patrick J. Hurley................... Dec. 9, 1929 Do.
57. George H. Dern...................... Mar. 4, 1933 Franklin D. Roosevelt.
58. Harry Hines Woodring................ Sept. 25, 1936 Do.
59. Henry Lewis Stimson................. July 10, 1940 Do.
60. Robert P. Patterson................. Sept. 26, 1945 Harry S. Truman.
61. Kenneth C. Royall................... July 21, 1947 Do.
----------------------------------------------------------------------------------------------------------------
*The National Security Act of 1947, Public Law 253, 80th Cong., approved July 26, 1947, created the office of
Secretary of Defense and merged the War and Navy Departments into the National Military Establishment.
955
955
ATTORNEYS GENERAL
----------------------------------------------------------------------------------------------------------------
Name When appointed President
----------------------------------------------------------------------------------------------------------------
1. Edmund Randolph..................... Sept. 26, 1789 George Washington.
Do............................... Mar. 4, 1793 Do.
2. William Bradford.................... Jan. 27, 1794 Do.
3. Charles Lee......................... Dec. 10, 1795 Do.
Do............................... Mar. 4, 1797 John Adams.
4. Theophilus Parsons (declined)....... Feb. 20, 1801 Do.
5. Levi Lincoln........................ Mar. 5, 1801 Thomas Jefferson.
6. Robert Smith\1\..................... Mar. 3, 1805 Do.
7. John Breckenridge................... Aug. 7, 1805 Do.
8. Caesar A. Rodney.................... Jan. 20, 1807 Do.
Do............................... Mar. 4, 1809 James Madison.
9. William Pinckney.................... Dec. 11, 1811 Do.
Do............................... Mar. 4, 1813 Do.
10. Richard Rush........................ Feb. 10, 1814 Do.
Do............................... Mar. 4, 1817 James Monroe.
11. William Wirt........................ Nov. 13, 1817 Do.
Do............................... Mar. 5, 1821 Do.
Do............................... Mar. 4, 1825 John Quincy Adams.
12. John M. Berrien..................... Mar. 9, 1829 Andrew Jackson.
13. Roger B. Taney...................... July 20, 1831 Do.
Do............................... Mar. 4, 1833 Do.
14. Benjamin F. Butler.................. Nov. 15, 1833 Do.
Do............................... Mar. 4, 1837 Martin Van Buren.
15. Felix Grundy........................ July 5, 1838 Do.
16. Henry D. Gilpin..................... Jan. 11, 1840 Do.
17. John J. Crittenden.................. Mar. 5, 1841 William H. Harrison.
Do............................... Apr. 6, 1841 John Tyler.
18. Hugh S. Legare...................... Sept. 13, 1841 Do.
19. John Nelson......................... July 1, 1843 Do.
20. John Y. Mason....................... Mar. 6, 1845 James K. Polk.
21. Nathan Clifford..................... Oct. 17, 1846 Do.
22. Isaac Toucey........................ June 21, 1848 Do.
23. Reverdy Johnson..................... Mar. 8, 1849 Zachary Taylor.
24. John J. Crittenden.................. July 22, 1850 Millard Fillmore.
25. Caleb Cushing....................... Mar. 7, 1853 Franklin Pierce.
26. Jeremiah S. Black................... Mar. 6, 1857 James Buchanan.
27. Edwin M. Stanton.................... Dec. 20, 1860 Do.
28. Edward Bates........................ Mar. 5, 1861 Abraham Lincoln.
29. Titian J. Coffey\2\................. June 22, 1863 Do.
30. James Speed......................... Dec. 2, 1864 Do.
Do............................... Mar. 4, 1865 Do.
Do............................... Apr. 15, 1865 Andrew Johnson.
31. Henry Stanbery...................... July 23, 1866 Do.
32. William M. Evarts................... July 15, 1868 Do.
33. E. Rockwood Hoar.................... Mar. 5, 1869 Ulysses S. Grant.
34. Amos T. Ackerman.................... June 23, 1870 Do.
35. George H. Williams.................. Dec. 14, 1871 Do.
Do............................... Mar. 17, 1873 Do.
36. Edwards Pierrepont.................. Apr. 26, 1875 Do.
37. Alphonso Taft....................... May 22, 1876 Do.
38. Charles Devens...................... Mar. 12, 1877 Rutherford B. Hayes.
39. Wayne MacVeagh...................... Mar. 5, 1881 James A. Garfield.
40. Benjamin H. Brewster................ Dec. 19, 1881 Chester A. Arthur.
41. Augustus H. Garland................. Mar. 6, 1885 Grover Cleveland.
42. William H. H. Miller................ Mar. 5, 1889 Benjamin Harrison.
43. Richard Olney....................... Mar. 6, 1893 Grover Cleveland.
44. Judson Harmon....................... June 8, 1895 Do.
45. Joseph McKenna...................... Mar. 5, 1897 William McKinley.
46. John W. Griggs...................... Jan. 25, 1898 Do.
Do............................... Mar. 5, 1901 Do.
47. Philander C. Knox................... Apr. 5, 1901 Do.
48. William H. Moody.................... July 1, 1904 Theodore Roosevelt.
Do............................... Mar. 6, 1905 Do.
49. Charles J. Bonaparte................ Dec. 12, 1906 Do.
50. George W. Wickersham................ Mar. 5, 1909 William H. Taft.
51. James Clark McReynolds.............. Mar. 5, 1913 Woodrow Wilson.
52. Thomas Watt Gregory................. Aug. 29, 1914 Do.
53. A. Mitchell Palmer.................. Mar. 5, 1919 Do.
54. Harry M. Daugherty.................. Mar. 5, 1921 Warren G. Harding.
Do............................... ......................... Calvin Coolidge.
55. Harlan F. Stone..................... Apr. 7, 1924 Do.
56. John G. Sargent..................... Mar. 18, 1925 Do.
57. William DeWitt Mitchell............. Mar. 5, 1929 Herbert C. Hoover.
58. Homer S. Cummings................... Mar. 4, 1933 Franklin D. Roosevelt.
59. Frank Murphy........................ Jan. 2, 1939 Do.
60. Robert H. Jackson................... Jan. 18, 1940 Do.
61. Francis Biddle...................... Sept. 5, 1941 Do.
62. Tom C. Clark........................ June 15, 1945 Harry S. Truman.
63. J. Howard McGrath................... Aug. 19, 1949 Do.
64. James P. McGranery.................. May 21, 1952 Do.
65. Herbert Brownell, Jr................ Jan. 21, 1953 Dwight D. Eisenhower.
66. William P. Rogers................... Jan. 27, 1958 Do.
67. Robert F. Kennedy................... Jan. 21, 1961 John F. Kennedy.
Do............................... ......................... Lyndon B. Johnson.
68. Nicholas deB. Katzenbach............ Feb. 11, 1965 Do.
69. Ramsey Clark........................ Mar. 2, 1967 Do.
70. John N. Mitchell.................... Jan. 21, 1969 Richard M. Nixon.
71. Richard G. Kleindienst.............. June 12, 1972 Do.
72. Elliot L. Richardson................ May 24, 1973 Do.
73. William B. Saxbe.................... Jan. 4, 1974 Do.
Do............................... ......................... Gerald R. Ford.
74. Edward Hirsch Levi.................. Feb. 6, 1975 Do.
75. Griffin B. Bell..................... Jan. 26, 1977 Jimmy Carter.
76. Benjamin R. Civiletti............... Aug. 16, 1979 Do.
77. William French Smith................ Jan. 23, 1981 Ronald Reagan.
78. Edwin Meese III..................... Feb. 23, 1985 Do.
79. Richard L. Thornburgh............... Aug. 12, 1988 Do.
Do............................... ......................... George Bush.
80. William P. Barr..................... Nov. 26, 1991 Do.
81. Janet Reno.......................... Mar. 12, 1993 William J. Clinton.
----------------------------------------------------------------------------------------------------------------
\1\Appointed, but did not serve.
\2\Appointed Assistant Attorney General.
956
956
POSTMASTERS GENERAL*
----------------------------------------------------------------------------------------------------------------
Name When appointed President
----------------------------------------------------------------------------------------------------------------
1. Samuel Osgood....................... Sept. 26, 1789 George Washington.
2. Timothy Pickering................... Aug. 12, 1791 Do.
Do............................... Mar. 4, 1793 Do.
3. Joseph Habersham.................... Feb. 25, 1795 Do.
Do............................... Mar. 4, 1797 John Adams.
Do............................... Mar. 4, 1801 Thomas Jefferson.
4. Gideon Granger...................... Nov. 28, 1801 Do.
Do................................ Mar. 4, 1805 Do.
Do................................ Mar. 4, 1809 James Madison.
Do................................ Mar. 4, 1813 Do.
5. Return J. Meigs, Jr................. Mar. 17, 1814 Do.
Do................................ Mar. 4, 1817 James Monroe.
Do................................ Mar. 5, 1821 Do.
6. John McLean......................... June 26, 1823 Do.
Do................................ Mar. 4, 1825 John Quincy Adams.
7. William T. Barry.................... Mar. 9, 1829 Andrew Jackson.
Do................................ Mar. 4, 1833 Do.
8. Amos Kendall........................ May 1, 1835 Do.
Do................................ Mar. 4, 1837 Martin Van Buren.
9. John M. Niles....................... May 19, 1840 Do.
10. Francis Granger..................... Mar. 6, 1841 William H. Harrison.
Do................................ Apr. 6, 1841 John Tyler.
11. Charles A. Wickliffe................ Sept. 13, 1841 Do.
12. Cave Johnson........................ Mar. 6, 1845 James K. Polk.
13. Jacob Collamer...................... Mar. 8, 1849 Zachary Taylor.
14. Nathan K. Hall...................... July 23, 1850 Millard Fillmore.
15. Samuel D. Hubbard................... Aug. 31, 1852 Do.
16. James Campbell...................... Mar. 7, 1853 Franklin Pierce.
17. Aaron V. Brown...................... Mar. 6, 1857 James Buchanan.
18. Joseph Holt......................... Mar. 14, 1859 Do.
19. Horatio King........................ Feb. 12, 1861 Do.
20. Montgomery Blair.................... Mar. 5, 1861 Abraham Lincoln.
21. William Dennison.................... Sept. 24, 1864 Do.
Do................................ Mar. 4, 1865 Do.
Do................................ Apr. 15, 1865 Andrew Johnson.
22. Alexander W. Randall................ July 25, 1866 Do.
23. John A. Creswell.................... Mar. 5, 1869 Ulysses S. Grant.
Do................................ Mar. 17, 1873 Do.
James W. Marshal..................... July 3, 1874 Do.
24. Marshall Jewell..................... Aug. 24, 1874 Do.
25. James N. Tyner...................... July 12, 1876 Do.
26. David M. Key........................ Mar. 12, 1877 Rutherford B. Hayes.
27. Horace Maynard...................... June 2, 1880 Do.
28. Thomas L. James..................... Mar. 5, 1881 James A. Garfield.
Do................................ Oct. 27, 1881 Chester A. Arthur.
29. Timothy O. Howe..................... Dec. 20, 1881 Do.
30. Walter Q. Gresham................... Apr. 3, 1883 Do.
31. Frank Hatton........................ Oct. 14, 1884 Do.
32. William F. Vilas.................... Mar. 6, 1885 Grover Cleveland.
33. Don M. Dickinson.................... Jan. 16, 1888 Do.
34. John Wanamaker...................... Mar. 5, 1889 Benjamin Harrison.
35. Wilson S. Bissell................... Mar. 6, 1893 Grover Cleveland.
36. William L. Wilson................... Mar. 1, 1895 Do.
37. James A. Gary....................... Mar. 5, 1897 William McKinley.
38. Charles Emory Smith................. Apr. 21, 1898 Do.
Do................................ Mar. 5, 1901 Do.
39. Henry C. Payne...................... Jan. 9, 1902 Theodore Roosevelt.
40. Robert J. Wynne..................... Oct. 10, 1904 Do.
41. George B. Cortelyou................. Mar. 6, 1905 Do.
42. George von L. Meyer................. Mar. 4, 1907 Do.
43. Frank H. Hitchcock.................. Mar. 5, 1909 William H. Taft.
44. Albert Sidney Burleson.............. Mar. 5, 1913 Woodrow Wilson.
45. Will H. Hays........................ Mar. 5, 1921 Warren G. Harding.
46. Hubert Work......................... Mar. 4, 1922 Do.
47. Harry S. New........................ Feb. 27, 1923 Do.
Do................................ Mar. 5, 1925 Calvin Coolidge.
48. Walter Folger Brown................. Mar. 5, 1929 Herbert C. Hoover.
49. James A. Farley..................... Mar. 4, 1933 Franklin D. Roosevelt.
50. Frank C. Walker..................... Sept. 11, 1940 Do.
51. Robert E. Hannegan.................. May 8, 1945 Harry S. Truman.
52. Jesse M. Donaldson.................. Dec. 16, 1947 Do.
53. Arthur E. Summerfield............... Jan. 21, 1953 Dwight D. Eisenhower.
54. J. Edward Day....................... Jan. 21, 1961 John F. Kennedy.
55. John A. Gronouski................... Sept. 30, 1963 Do.
Do................................ ......................... Lyndon B. Johnson.
56. Lawrence F. O'Brien................. Nov. 3, 1965 Do.
57. W. Marvin Watson.................... Apr. 26, 1968 Do.
58. Winton M. Blount.................... Jan. 21, 1969 Richard M. Nixon.
----------------------------------------------------------------------------------------------------------------
*The Post Office Department ceased to exist as a Cabinet Department upon the establishment of the United States
Postal Service, effective July 1, 1971. Winton M. Blount was the last Postmaster General to be appointed by a
President of the United States.
957
957
SECRETARIES OF THE NAVY*
----------------------------------------------------------------------------------------------------------------
Name When appointed President
----------------------------------------------------------------------------------------------------------------
1. Benjamin Stoddert................... May 21, 1798 John Adams.
Do................................ Mar. 4, 1801 Thomas Jefferson.
2. Robert Smith........................ July 15, 1801 Do.
3. Jacob Crowninshield\1\.............. Mar. 3, 1805 Do.
4. Paul Hamilton....................... Mar. 7, 1809 James Madison.
5. William Jones....................... Jan. 12, 1813 Do.
Do................................ Mar. 4, 1813 Do.
6. Benjamin W. Crowninshield........... Dec. 19, 1814 Do.
Do................................ Mar. 4, 1817 James Monroe.
7. Smith Thompson...................... Nov. 9, 1818 Do.
Do................................ Mar. 5, 1821 Do.
8. Samuel L. Southard.................. Sept. 18, 1823 Do.
Do................................ Mar. 4, 1825 John Quincy Adams.
9. John Branch......................... Mar. 9, 1829 Andrew Jackson.
10. Levi Woodbury....................... May 23, 1831 Do.
Do................................ Mar. 4, 1833 Do.
11. Mahlon Dickerson.................... June 30, 1834 Do.
Do................................ Mar. 4, 1837 Martin Van Buren.
12. James K. Paulding................... June 25, 1838 Do.
13. George E. Badger.................... Mar. 5, 1841 William H. Harrison.
Do................................ Apr. 6, 1841 John Tyler.
14. Abel P. Upshur...................... Sept. 13, 1841 Do.
15. David Henshaw....................... July 24, 1843 Do.
16. Thomas W. Gilmer.................... Feb. 15, 1844 Do.
17. John Y. Mason....................... Mar. 14, 1844 Do.
18. George Bancroft..................... Mar. 10, 1845 James K. Polk.
19. John Y. Mason....................... Sept. 9, 1846 Do.
20. William B. Preston.................. Mar. 8, 1849 Zachary Taylor.
21. William A. Graham................... July 22, 1850 Millard Fillmore.
22. John P. Kennedy..................... July 22, 1852 Do.
23. James C. Dobbin..................... Mar. 7, 1853 Franklin Pierce.
24. Isaac Toucey........................ Mar. 6, 1857 James Buchanan.
25. Gideon Welles....................... Mar. 5, 1861 Abraham Lincoln.
Do................................ Mar. 4, 1865 Do.
Do................................ Apr. 15, 1865 Andrew Johnson.
26. Adolph E. Borie..................... Mar. 5, 1869 Ulysses S. Grant.
27. George M. Robeson................... June 25, 1869 Do.
Do................................ Mar. 17, 1873 Do.
28. Richard W. Thompson................. Mar. 12, 1877 Rutherford B. Hayes.
29. Nathan Goff, Jr..................... Jan. 6, 1881 Do.
30. William H. Hunt..................... Mar. 5, 1881 James A. Garfield.
31. William E. Chandler................. Apr. 12, 1882 Chester A. Arthur.
32. William C. Whitney.................. Mar. 6, 1885 Grover Cleveland.
33. Benjamin F. Tracy................... Mar. 5, 1889 Benjamin Harrison.
34. Hilary A. Herbert................... Mar. 6, 1893 Grover Cleveland.
35. John D. Long........................ Mar. 5, 1897 William McKinley.
Do................................ Mar. 5, 1901 Do.
36. William H. Moody.................... Apr. 29, 1902 Theodore Roosevelt.
37. Paul Morton......................... July 1, 1904 Do.
Do................................ Mar. 6, 1905 Do.
38. Charles J. Bonaparte................ July 1, 1905 Theodore Roosevelt.
39. Victor H. Metcalf................... Dec. 12, 1906 Do.
40. Trueman H. Newberry................. Dec. 1, 1908 Do.
41. George von L. Meyer................. Mar. 5, 1909 William H. Taft.
42. Josephus Daniels.................... Mar. 5, 1913 Woodrow Wilson.
43. Edwin Denby......................... Mar. 5, 1921 Warren G. Harding.
Do................................ ......................... Calvin Coolidge.
44. Curtis D. Wilbur.................... Mar. 18, 1924 Do.
45. Charles Francis Adams............... Mar. 5, 1929 Herbert C. Hoover.
46. Claude A. Swanson................... Mar. 4, 1933 Franklin D. Roosevelt.
47. Charles Edison...................... Dec. 30, 1939 Do.
48. Frank Knox.......................... July 10, 1940 Do.
49. James V. Forrestal.................. May 18, 1944 Do.
----------------------------------------------------------------------------------------------------------------
*The Navy and War Departments were merged into the National Military Establishment by Public Law 253, 80th
Cong., approved July 26, 1947.
\1\Declined the position and never entered on duty.
958
958
SECRETARIES OF THE INTERIOR
----------------------------------------------------------------------------------------------------------------
Name When appointed President
----------------------------------------------------------------------------------------------------------------
1. Thomas Ewing........................ Mar. 8, 1849 Zachary Taylor.
2. Thomas M. T. McKennan............... Aug. 15, 1850 Millard Fillmore.
3. Alex H. H. Stuart................... Sept. 12, 1850 Do.
4. Robert McClelland................... Mar. 7, 1853 Franklin Pierce.
5. Jacob Thompson...................... Mar. 6, 1857 James Buchanan.
6. Caleb B. Smith...................... Mar. 5, 1861 Abraham Lincoln.
7. John P. Usher....................... Jan. 1, 1863 Do.
Do................................ Mar. 4, 1865 Do.
Do................................ Apr. 15, 1865 Andrew Johnson.
8. James Harlan........................ May 15, 1865 Do.
9. Orville H. Browning................. July 27, 1866 Do.
10. Jacob D. Cox........................ Mar. 5, 1869 Ulysses S. Grant.
11. Columbus Delano..................... Nov. 1, 1870 Do.
Do................................ Mar. 17, 1873 Do.
12. Zachariah Chandler.................. Oct. 19, 1875 Do.
13. Carl Schurz......................... Mar. 12, 1877 Rutherford B. Hayes.
14. Samuel J. Kirkwood.................. Mar. 5, 1881 James A. Garfield.
15. Henry M. Teller..................... Apr. 6, 1882 Chester A. Arthur.
16. Lucius Q. C. Lamar.................. Mar. 6, 1885 Grover Cleveland.
17. William F. Vilas.................... Jan. 16, 1888 Do.
18. John W. Noble....................... Mar. 5, 1889 Benjamin Harrison.
19. Hoke Smith.......................... Mar. 6, 1893 Grover Cleveland.
20. David R. Francis.................... Sept. 1, 1896 Do.
21. Cornelius N. Bliss.................. Mar. 5, 1897 William McKinley.
22. Ethan Allen Hitchcock............... Dec. 21, 1898 Do.
Do................................ Mar. 5, 1901 Do.
Do................................ Mar. 6, 1905 Theodore Roosevelt.
23. James R. Garfield................... Jan. 15, 1907 Do.
24. Richard A. Ballinger................ Mar. 5, 1909 William H. Taft.
25. Walter L. Fisher.................... Mar. 7, 1911 Do.
26. Franklin Knight Lane................ Mar. 5, 1913 Woodrow Wilson.
27. John Barton Payne................... Feb. 28, 1920 Do.
28. Albert Bacon Fall................... Mar. 5, 1921 Warren G. Harding.
29. Hubert Work......................... Feb. 27, 1923 Do.
Do................................ ......................... Calvin Coolidge.
30. Ray O. West......................... July 20, 1928 Do.
31. Ray Lyman Wilbur.................... Mar. 5, 1929 Herbert C. Hoover.
32. Harold L. Ickes..................... Mar. 4, 1933 Franklin D. Roosevelt.
33. Julius A. Krug...................... Mar. 6, 1946 Harry S. Truman.
34. Oscar L. Chapman.................... Nov. 25, 1949 Do.
35. Douglas McKay....................... Jan. 21, 1953 Dwight D. Eisenhower.
36. Frederick A. Seaton................. June 6, 1956 Do.
37. Stewart Lee Udall................... Jan. 21, 1961 John F. Kennedy.
Do................................ ......................... Lyndon B. Johnson.
38. Walter J. Hickel.................... Jan. 24, 1969 Richard M. Nixon.
39. Rogers C. B. Morton................. Jan. 29, 1971 Do.
Do............................... ......................... Gerald R. Ford.
40. Stanley K. Hathaway................. June 12, 1975 Do.
41. Thomas S. Kleppe.................... Oct. 13, 1975 Do.
42. Cecil D. Andrus..................... Jan. 21, 1977 Jimmy Carter.
43. James Gaius Watt.................... Jan. 23, 1981 Ronald Reagan.
44. William P. Clark.................... Nov. 18, 1983 Do.
45. Donald P. Hodel..................... Feb. 7, 1985 Do.
46. Manuel Lujan, Jr.................... Feb. 3, 1989 George Bush.
47. Bruce Babbitt....................... Jan. 22, 1993 William J. Clinton.
----------------------------------------------------------------------------------------------------------------
959
959
SECRETARIES OF AGRICULTURE
----------------------------------------------------------------------------------------------------------------
Name When appointed President
----------------------------------------------------------------------------------------------------------------
1. Norman J. Coleman................... Feb. 13, 1889 Grover Cleveland.
2. Jeremiah M. Rusk.................... Mar. 5, 1889 Benjamin Harrison.
3. Julius Sterling Morton.............. Mar. 6, 1893 Grover Cleveland.
4. James Wilson........................ Mar. 5, 1897 William McKinley.
Do............................... Mar. 5, 1901 Do.
Do............................... Mar. 6, 1905 Theodore Roosevelt.
Do............................... Mar. 5, 1909 William H. Taft.
5. David Franklin Houston.............. Mar. 5, 1913 Woodrow Wilson.
6. Edwin Thomas Meredith............... Jan. 31, 1920 Do.
7. Henry C. Wallace.................... Mar. 5, 1921 Warren G. Harding.
Do............................... ......................... Calvin Coolidge.
8. Howard M. Gore...................... Nov. 21, 1924 Do.
9. William M. Jardine.................. Feb. 18, 1925 Do.
10. Arthur L. Hyde...................... Mar. 5, 1929 Herbert C. Hoover.
11. Henry A. Wallace.................... Mar. 4, 1933 Franklin D. Roosevelt.
12. Claude R. Wickard................... Aug. 27, 1940 Do.
13. Clinton P. Anderson................. June 2, 1945 Harry S. Truman.
14. Charles F. Brannan.................. May 29, 1948 Do.
15. Ezra Taft Benson.................... Jan. 21, 1953 Dwight D. Eisenhower.
16. Orville L. Freeman.................. Jan. 21, 1961 John F. Kennedy.
Do............................... ......................... Lyndon B. Johnson.
17. Clifford M. Hardin.................. Jan. 21, 1969 Richard M. Nixon.
18. Earl Lauer Butz..................... Dec. 2, 1971 Do.
Do............................... ......................... Gerald R. Ford.
19. John A. Knebel \1\.................. Nov. 3, 1976 Do.
20. Bob S. Bergland..................... Jan. 21, 1977 Jimmy Carter.
21. John R. Block....................... Jan. 23, 1981 Ronald Reagan.
22. Richard E. Lyng..................... Mar. 7, 1986 Do.
23. Clayton K. Yeutter.................. Feb. 16, 1989 George Bush.
24. Edward R. Madigan................... Mar. 8, 1991 Do.
25. Mike Espy........................... Jan. 22, 1993 William J. Clinton.
26. Daniel R. Glickman.................. Mar. 30, 1995 Do.
----------------------------------------------------------------------------------------------------------------
\1\ Recess appointment. Nomination not confirmed by the Senate.
960
960
SECRETARIES OF COMMERCE AND LABOR*
----------------------------------------------------------------------------------------------------------------
Name When appointed President
----------------------------------------------------------------------------------------------------------------
1. George B. Cortelyou................. Feb. 16, 1903 Theodore Roosevelt.
2. Victor H. Metcalf................... July 1, 1904 Do.
Do............................... Mar. 6, 1905 Do
3. Oscar S. Straus..................... Dec. 12, 1906 Do.
4. Charles Nagel....................... Mar. 5, 1909 William H. Taft.
----------------------------------------------------------------------------------------------------------------
*Department of Commerce and Labor abolished Mar. 3, 1913.
961
961
SECRETARIES OF COMMERCE
----------------------------------------------------------------------------------------------------------------
Name When appointed President
----------------------------------------------------------------------------------------------------------------
1. William C. Redfield................. Mar. 5, 1913 Woodrow Wilson.
2. Joshua Wills Alexander.............. Dec. 11, 1919 Do.
3. Herbert C. Hoover................... Mar. 5, 1921 Warren G. Harding.
Do............................... ......................... Calvin Coolidge.
4. William F. Whiting.................. Aug. 21, 1928 Do.
5. Robert Patterson Lamont............. Mar. 5, 1929 Herbert C. Hoover.
6. Roy Dikeman Chapin.................. Aug. 8, 1932 Do.
7. Daniel C. Roper..................... Mar. 4, 1933 Franklin D. Roosevelt.
8. Harry L. Hopkins.................... Dec. 24, 1938 Do.
9. Jesse H. Jones...................... Sept. 16, 1940 Do.
10. Henry A. Wallace.................... Mar. 1, 1945 Do.
11. W. Averell Harriman................. Sept. 28, 1946 Harry S. Truman.
12. Charles Sawyer...................... May 6, 1948 Do.
13. Sinclair Weeks...................... Jan. 21, 1953 Dwight D. Eisenhower.
14. Lewis L. Strauss\1\................. Nov. 13, 1958 Do.
15. Frederick Henry Mueller............. Aug. 6, 1959 Do.
16. Luther H. Hodges.................... Jan. 21, 1961 John F. Kennedy.
17. John T. Connor...................... Jan. 18, 1965 Lyndon B. Johnson.
18. Alexander B. Trowbridge............. June 14, 1967 Do.
19. C. R. Smith......................... Mar. 6, 1968 Do.
20. Maurice H. Stans.................... Jan. 21, 1969 Richard M. Nixon.
21. Peter G. Peterson................... Feb. 29, 1972 Do.
22. Frederick B. Dent................... Feb. 2, 1973 Do.
Do............................... ......................... Gerald R. Ford.
23. Rogers C. B. Morton................. May 1, 1975 Do
24. Elliot L. Richardson................ Feb. 1, 1976 Do.
25. Juanita M. Kreps.................... Jan. 21, 1977 Jimmy Carter.
26. Philip M. Klutznick................. Dec. 21, 1979 Do.
27. Malcolm Baldrige.................... Jan. 23, 1981 Ronald Reagan.
28. C. William Verity, Jr............... Oct. 15, 1987 Do.
29. Robert A. Mosbacher................. Feb. 3, 1989 George Bush.
30. Barbara H. Franklin................. Mar. 23, 1992 Do.
31. Ronald H. Brown..................... Jan. 22, 1993 William J. Clinton.
32. Michael Kantor...................... Apr. 12, 1996 Do.
33. William M. Daley.................... Feb. 10, 1997 Do.
34. Norman Y. Mineta.................... July 21, 2000 Do.
----------------------------------------------------------------------------------------------------------------
\1\Recess appointment. Nomination not confirmed by the Senate (June 18, 1959).
962
962
SECRETARIES OF LABOR
----------------------------------------------------------------------------------------------------------------
Name When appointed President
----------------------------------------------------------------------------------------------------------------
1. William Bauchop Wilson.............. Mar. 5, 1913 Woodrow Wilson.
2. James J. Davis...................... Mar. 5, 1921 Warren G. Harding.
Do............................... ......................... Calvin Coolidge.
3. William N. Doak..................... Dec. 9, 1930 Herbert C. Hoover.
4. Frances Perkins..................... Mar. 4, 1933 Franklin D. Roosevelt.
5. Lewis B. Schwellenbach.............. June 1, 1945 Harry S. Truman.
6. Maurice J. Tobin.................... Aug. 12, 1948 Do.
7. Martin P. Durkin.................... Jan. 21, 1953 Dwight D. Eisenhower.
8. James P. Mitchell................... Jan. 19, 1954 Do.
9. Arthur J. Goldberg.................. Jan. 21, 1961 John F. Kennedy.
10. W. Willard Wirtz.................... Sept. 25, 1962 Do.
Do............................... ......................... Lyndon B. Johnson.
11. George P. Shultz.................... Jan. 21, 1969 Richard M. Nixon.
12. James D. Hodgson.................... July 1, 1970 Do.
13. Peter J. Brennan.................... Feb. 2, 1973 Do.
Do............................... ......................... Gerald R. Ford.
14. John T. Dunlop...................... Mar. 18, 1975 Do.
15. Willie J. Usery, Jr................. Feb. 10, 1976 Do.
16. Ray Marshall........................ Jan. 26, 1977 Jimmy Carter.
17. Raymond J. Donovan.................. Feb. 4, 1981 Ronald Reagan.
18. William E. Brock III................ April 29, 1985 Do.
19. Ann D. McLaughlin................... Dec. 11, 1987 Do.
20. Elizabeth H. Dole................... Jan. 30, 1989 George Bush.
21. Lynn Martin......................... Feb. 22, 1991 Do.
22. Robert B. Reich..................... Jan. 22, 1993 William J. Clinton.
23. Alexis M. Herman.................... May 2, 1997 Do.
----------------------------------------------------------------------------------------------------------------
963
963
SECRETARIES OF HEALTH AND HUMAN SERVICES*
----------------------------------------------------------------------------------------------------------------
Name When appointed President
----------------------------------------------------------------------------------------------------------------
1. Oveta Culp Hobby.................... Apr. 10, 1953 Dwight D. Eisenhower.
2. Marion B. Folsom.................... Aug. 1, 1955 Do.
3. Arthur S. Flemming.................. Aug. 1, 1958 Do.
4. Abraham Ribicoff.................... Jan. 21, 1961 John F. Kennedy.
5. Anthony J. Celebrezze............... July 30, 1962 Do.
6. John W. Gardner..................... Aug. 18, 1965 Lyndon B. Johnson.
7. Wilbur J. Cohen..................... May 16, 1968 Do.
8. Robert H. Finch..................... Jan. 21, 1969 Richard M. Nixon.
9. Elliot L. Richardson................ June 24, 1970 Do.
10. Caspar W. Weinberger................ Feb. 8, 1973 Do.
Do............................... ......................... Gerald R. Ford.
11. Forrest David Mathews............... Aug. 8, 1975 Do.
12. Joseph A. Califano, Jr.............. Jan. 25, 1977 Jimmy Carter.
13. Patricia Roberts Harris............. Aug. 3, 1979 Do.
14. Richard S. Schweiker................ Jan. 22, 1981 Ronald Reagan.
15. Margaret M. Heckler................. Mar. 9, 1983 Do.
16. Dr. Otis R. Bowen................... Dec. 13, 1985 Do.
17. Dr. Louis W. Sullivan............... Mar. 10, 1989 George Bush.
18. Donna E. Shalala.................... Jan. 22, 1993 William J. Clinton.
----------------------------------------------------------------------------------------------------------------
*The Department of Health, Education, and Welfare was created by Reorganization Plan No. 1 of 1953, approved
Apr. 1, 1953 (67 Stat. 18; 5 U.S.C. 623), which, effective Apr. 11, 1953, abolished the Federal Security
Agency and transferred its functions to the new Department. Name changed from Department of Health, Education,
and Welfare effective May 4, 1980, pursuant to Executive Order 12212 of May 2, 1980.
964
964
SECRETARIES OF HOUSING AND URBAN DEVELOPMENT*
----------------------------------------------------------------------------------------------------------------
Name When appointed President
----------------------------------------------------------------------------------------------------------------
1. Robert C. Weaver.................... Jan. 18, 1966 Lyndon B. Johnson.
2. Robert C. Wood\1\................... Jan. 2, 1969 Do.
3. George W. Romney.................... Jan. 21, 1969 Richard M. Nixon.
4. James T. Lynn....................... Feb. 2, 1973 Do.
Do............................... ......................... Gerald R. Ford.
5. Carla Anderson Hills................ Mar. 10, 1975 Do.
6. Patricia Roberts Harris............. Jan. 21, 1977 Jimmy Carter.
7. Moon Landrieu....................... Sept. 14, 1979 Do.
8. Samuel R. Pierce, Jr................ Jan. 23, 1981 Ronald Reagan.
9. Jack Kemp........................... Feb. 6, 1989 George Bush.
10. Henry G. Cisneros................... Jan. 22, 1993 William J. Clinton.
11. Andrew Cuomo........................ Jan. 29, 1997 Do.
----------------------------------------------------------------------------------------------------------------
\1\Recess appointment.
*The Department of Housing and Urban Development was created by Public Law 89-174, approved Sept. 9, 1965.
965
965
SECRETARIES OF TRANSPORTATION*
----------------------------------------------------------------------------------------------------------------
Name When appointed President
----------------------------------------------------------------------------------------------------------------
1. Alan S. Boyd........................ Jan. 12, 1967 Lyndon B. Johnson.
2. John A. Volpe....................... Jan. 21, 1969 Richard M. Nixon.
3. Claude S. Brinegar.................. Feb. 2, 1973 Do.
Do............................... ......................... Gerald R. Ford.
4. William T. Coleman, Jr.............. Mar. 4, 1975 Do.
5. Brockman Adams...................... Jan. 21, 1977 Jimmy Carter.
6. Neil Goldschmidt.................... Aug. 10, 1979 Do.
7. Andrew L. Lewis, Jr................. Jan. 23, 1981 Ronald Reagan.
8. Elizabeth Hanford Dole.............. Feb. 7, 1983 Do.
9. James H. Burnley IV................. Dec. 2, 1987 Do.
10. Samuel K. Skinner................... Feb. 1, 1989 George Bush.
11. Andrew H. Card, Jr.................. Feb. 24, 1992 Do.
12. Federico Pena....................... Jan. 22, 1993 William J. Clinton.
13. Rodney E. Slater.................... Feb. 14, 1997 Do.
----------------------------------------------------------------------------------------------------------------
*The Department of Transportation was created by Public Law 89-670, approved Oct. 15, 1966.
966
966
SECRETARIES OF ENERGY*
----------------------------------------------------------------------------------------------------------------
Name When appointed President
----------------------------------------------------------------------------------------------------------------
1. James R. Schlesinger................. Aug. 5, 1977 Jimmy Carter.
2. Charles William Duncan, Jr........... Aug. 24, 1979 Do.
3. James B. Edwards..................... Jan. 23, 1981 Ronald Reagan.
4. Donald P. Hodel...................... Nov. 5, 1982 Do.
5. John S. Herrington................... Feb. 7, 1985 Do.
6. James D. Watkins..................... Mar. 9, 1989 George Bush.
7. Hazel Rollins O'Leary................ Jan. 22, 1993 William J. Clinton.
8. Frederico Pena....................... Mar. 12, 1997 Do.
9. Bill Richardson...................... Aug. 13, 1998 Do.
----------------------------------------------------------------------------------------------------------------
*The Department of Energy was created by Public Law 95-91, approved Aug. 4, 1977.
967
967
SECRETARIES OF EDUCATION*
----------------------------------------------------------------------------------------------------------------
Name When appointed President
----------------------------------------------------------------------------------------------------------------
1. Shirley Mount Hufstedler............. Dec. 6, 1979 Jimmy Carter.
2. T.H. Bell............................ Jan. 23, 1981 Ronald Reagan.
3. William J. Bennett................... Feb. 6, 1985 Do.
4. Lauro F. Cavazos..................... Sept. 20, 1988 Do.
Do............................... ......................... George Bush.
5. Lamar Alexander...................... Mar. 18, 1991 Do.
6. Richard W. Riley..................... Jan. 22, 1993 William J. Clinton.
----------------------------------------------------------------------------------------------------------------
*The Department of Education was created by Public Law 96-88, approved Oct. 17, 1979, and became effective May
4, 1980, pursuant to Executive Order 12212 of May 2, 1980.
968
968
SECRETARIES OF VETERANS AFFAIRS*
----------------------------------------------------------------------------------------------------------------
Name When appointed President
----------------------------------------------------------------------------------------------------------------
1. Edward J. Derwinski.................. Mar. 15, 1989 George Bush.
2. Jesse Brown.......................... Jan. 22, 1993 William J. Clinton.
3. Togo D. West, Jr..................... May 5, 1998 Do.
----------------------------------------------------------------------------------------------------------------
*The Department of Veterans Affairs was created by Public Law 100-527, approved Oct. 25, 1988, which abolished
the Veterans Administration and transferred its functions to the new Department, effective Mar. 15, 1989.
[970]
[970]
[970]
ratification of constitution
ratification of constitution
ratification of constitution
[970]
RATIFICATION\1\ OF THE CONSTITUTION BY THE THIRTEEN ORIGINAL STATES
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Votes cast Population at Estimated Area in
State Date of ratification of the -------------------- date of Population, population, square Remarks
Constitution Yeas Nays ratification 1990 census July 1, 1998 miles
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Delaware................................ Dec. 7, 1787............... \2\30 ........ 59,096 666,168 743,603 2,045 .........................................
Pennsylvania............................ Dec. 12, 1787.............. 46 23 434,373 11,882,842 12,001,451 45,308 .........................................
New Jersey.............................. Dec. 18, 1787.............. \2\38 ........ 184,139 7,730,188 8,115,011 7,787 .........................................
Georgia................................. Jan. 2, 1788............... \2\26 ........ 82,548 6,478,149 7,642,207 58,910 Seceded Jan. 19, 1861. Readmitted to
representation by the act of July 15,
1870.
Connecticut............................. Jan. 9, 1788............... 128 40 238,141 3,287,116 3,274,069 5,018 .........................................
Massachusetts........................... Feb. 6, 1788............... 187 168 378,787 6,016,425 6,147,132 8,284 .........................................
Maryland................................ Apr. 28, 1788.............. 63 11 319,728 4,780,753 5,134,808 10,460 .........................................
South Carolina.......................... May 23, 1788............... 149 73 249,073 3,486,310 3,835,962 31,113 Seceded Dec. 20, 1860. Readmitted to
representation upon ratifying the
fourteenth amendment, July 9, 1868.
New Hampshire........................... June 21, 1788.............. 57 46 141,899 1,109,252 1,185,048 9,279 .........................................
Virginia................................ June 25, 1788.............. 89 79 747,610 6,189,197 6,791,345 \3\ 40,767 Seceded Apr. 17, 1861. Readmitted to
representation by the act of Jan. 26,
1870.
New York................................ July 26, 1788.............. 30 27 340,120 17,990,778 18,175,301 49,108 .........................................
North Carolina.......................... Nov. 21, 1789.............. 184 77 393,751 6,632,448 7,546,493 52,669 Seceded May 21, 1861. Readmitted to
representation upon ratifying the
fourteenth amendment, July 4, 1868.
Rhode Island............................ May 29, 1790............... 34 32 68,825 1,003,464 988,480 1,212 .........................................
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\The Constitution was adopted by convention of the States Sept. 17, 1787, and was subsequently ratified by the several States in the order listed.
\2\Unanimous.
\3\The area of Virginia at the date of ratification was 61,352 square miles, but Dec. 31, 1862, a portion of its territory was set off and admitted into the Union as a free and independent
State under the name of West Virginia.
states admitted into union
states admitted into union
states admitted into union
[971]
[971]
[971]
STATES ADMITTED INTO THE UNION SINCE ADOPTION OF THE CONSTITUTION
--------------------------------------------------------------------------------------------------------------------------------------------------------
Population at Estimated Area in
State Date of time of Population, population, square Formation
admission admission 1990 census July 1, 1998 miles
--------------------------------------------------------------------------------------------------------------------------------------------------------
Vermont....................... Mar. 4, 1791.... 85,539 562,758 590,883 9,614 Formed from a portion of the territory of
the State of New York.
Kentucky...................... June 1, 1792.... 73,677 3,686,891 3,936,499 40,410 Formed from a portion of the territory of
the State of Virginia.
Tennessee..................... June 1, 1796.... 77,262 4,877,203 5,430,621 42,144 Formed from territory ceded to the United
States by North Carolina. Seceded June 8,
1861. Readmitted to representation by
joint resolution of July 24, 1866.
Ohio.......................... Mar. 1, 1803\1\. 41,915 10,847,115 11,209,493 41,330 Formed from territory ceded to the United
States by the State of Virginia.
Louisiana..................... Apr. 30, 1812... 76,556 4,220,164 4,368,967 47,752 Formed from territory ceded to the United
States by France under the treaty of
Paris of Apr. 30, 1803. Seceded Jan. 26,
1861. Readmitted to representation upon
ratifying the fourteenth amendment, July
9, 1868.
Indiana....................... Dec. 11, 1816... 63,897 5,544,159 5,899,195 36,185 Formed from territory ceded to the United
States by the State of Virginia.
Mississippi................... Dec. 10, 1817... 75,512 2,575,475 2,752,092 47,689 Formed from territory ceded to the United
States by the States of Georgia and South
Carolina. Seceded Jan. 9, 1861.
Readmitted to representation by act of
Feb. 23, 1870.
Illinois...................... Dec. 3, 1818.... 34,620 11,430,602 12,045,326 56,345 Formed from territory ceded to the United
States by the State of Virginia.
Alabama....................... Dec. 14, 1819... 144,317 4,040,389 4,351,999 51,705 Formed from territory ceded to the United
States by the States of South Carolina
and Georgia. Seceded Jan. 11, 1861.
Readmitted to representation upon
ratifying the fourteenth amendment, July
13, 1868.
Maine......................... Mar. 15, 1820... 298,335 1,227,928 1,244,250 33,265 Formed from a portion of the territory of
the State of Massachusetts.
Missouri...................... Aug. 10, 1821... 66,586 5,116,901 5,438,559 69,697 Formed from a portion of the territory
ceded to the United States by France,
under the name of ``Louisiana,'' by the
treaty of Paris of 1803.
Arkansas...................... June 15, 1836... 52,240 2,350,624 2,538,303 53,187 Formed from a portion of the territory
ceded to the United States by France,
under the name of ``Louisiana,'' by the
treaty of Paris of 1803. Seceded May 6,
1861. Readmitted to representation upon
ratifying the fourteenth amendment, June
22, 1868.
Michigan...................... Jan. 26, 1837... *200,000 9,295,277 9,817,242 58,527 Formedfrom territory ceded to the United
States by the State of Virginia.
Florida....................... Mar. 3, 1845.... 54,477 12,938,071 14,915,980 58,664 Formed from territory ceded to the United
States by Spain by treaty of Washington
of Feb. 22, 1819. Seceded Jan. 11, 1861.
Readmitted to representation upon
ratifying the fourteenth amendment, June
25, 1868.
Texas......................... Dec. 29, 1845... *250,000 16,986,335 19,759,614 266,807 This State was originally a part of the
Republic of Mexico, but by a successful
revolt the people established for
themselves an independent republican
government, and were subsequently annexed
to the United States. Seceded Feb. 1,
1861. Readmitted to representation by the
act of Mar. 30, 1870.
Iowa.......................... Dec. 28, 1846... 81,920 2,776,831 2,862,447 56,275 Formed from a portion of the Territory of
Wisconsin, as the ``Territory of Iowa,''
June 12, 1838.
Wisconsin..................... May 29, 1848.... 210,596 4,891,769 5,223,500 56,153 Formed from a portion of the territory of
the State of Michigan, as the ``Territory
of Wisconsin,'' Apr. 20, 1836.
California.................... Sept. 9, 1850... 107,000 29,758,213 32,666,550 158,706 Formed from territory ceded to the United
States by Mexico by the Treaty of
Guadalupe Hidalgo of Feb. 2, 1848.
Minnesota..................... May 11, 1858.... 150,042 4,375,665 4,725,419 84,402 Formed from a portion of the territory
ceded to the United States by France by
the treaty of Apr. 30, 1803.
Oregon........................ Feb. 14, 1859... 52,465 2,842,337 3,281,974 97,073 Formed from territory ceded to the United
States by the treaty with France of Apr.
30, 1803, the treaty with Spain of Feb.
22, 1819, and the treaty with Great
Britain of June 15, 1846.
Kansas........................ Jan. 29, 1861... 107,206 2,477,588 2,629,067 82,277 Formed from territory ceded to the United
States by France by the treaty of Apr.
30, 1803, and by the State of Texas, in
the settlement of her boundaries, in
1850.
West Virginia................. June 20, 1863... 376,683 1,793,477 1,811,156 24,232 Formed from a portion of the territory of
the State of Virginia.
Nevada........................ Oct. 31, 1864... *40,000 1,201,675 1,746,898 110,561 Formed from a portion of the territory
ceded to the United States by Mexico by
the Treaty of Guadalupe Hidalgo of Feb.
2, 1848.
Nebraska...................... Mar. 1, 1867.... *60,000 1,578,417 1,662,719 77,355 Formed from a petition of the territory
ceded to the United States by France by
the treaty of Apr. 30, 1803.
Colorado...................... Aug. 1, 1876.... *150,000 3,294,473 3,970,971 104,091 Formed from portions of the territory
ceded to the United States by France by
the treaty of Apr. 30, 1803 and of that
ceded by Mexico by the Treaty of
Guadalupe Hidalgo of Feb. 2, 1848.
South Dakota.................. Nov. 2, 1889.... *460,000 696,004 738,171 77,116 Formed from a portion of the territory
ceded to the United States by France by
treaty of Apr. 30, 1803.
North Dakota.................. Nov. 2, 1889.... 638,800 638,244 70,702 Do.
Montana....................... Nov. 8, 1889.... *112,000 799,065 880,453 147,046 Do.
Washington.................... Nov. 11, 1889... *273,000 4,866,669 5,689,263 68,139 Formed from territory ceded to the United
States by France by treaty of Apr. 30,
1803. The northern boundary of the
territory was settled by a treaty with
Great Britain, known as the ``Oregon
Treaty'' of June 15, 1846.
Idaho......................... July 3, 1890.... 84,385 1,006,734 1,228,684 83,564 Formed from a portion of the territory
ceded to the United States by France by
treaty of Apr. 30, 1803.
Wyoming....................... July 10, 1890... 60,705 453,589 480,907 97,809 Formed from a portion of the territory
ceded to the United States by France by
treaty of Apr. 30, 1803.
Utah.......................... Jan. 4, 1896.... *241,000 1,722,850 2,099,758 84,899 Formed from a portion of the territory
ceded to the United States by Mexico by
the Treaty of Guadalupe Hidalgo of Feb.
2, 1848.
Oklahoma...................... Nov. 16, 1907... *1,414,177 3,145,576 3,346,713 69,956 Formed by the union of Oklahoma Territory
and Indian Territory.
New Mexico.................... Jan. 6, 1912.... *338,470 1,515,069 1,736,931 121,593 Formed from a portion of the territory
ceded to the United States by Mexico by
the Treaty of Guadalupe Hidalgo of Feb.
2, 1848.
Arizona....................... Feb. 14, 1912... *216,639 3,665,339 4,668,631 114,000 Formed from territory ceded to the United
States by Mexico, part by the Treaty of
Guadalupe Hidalgo of Feb. 2, 1848, and
part by what is known as the ``Gadsden
Purchase,'' Dec. 30, 1853.
Alaska........................ Jan. 3, 1959.... *211,000 550,043 614,010 591,004 Formed from territory ceded to the United
States by Russia by treaty of Mar. 30,
1867.
Hawaii........................ Aug. 21, 1959... *595,000 1,108,229 1,193,001 6,471 Formed from the territory of the Republic
of Hawaii, annexed to the United States
by act of Congress of July 7, 1898.
--------------------------------------------------------------------------------------------------------------------------------------------------------
*Estimated.
\1\By Public Law 204 of the 83d Cong., approved Aug. 7, 1953 (67 Stat. 407), Congress corrected an oversight of one and a half centuries and formally
admitted the State of Ohio to the Union, setting Mar. 1, 1803, as the effective date of admission.
[972]
[972]
district of columbia
district of columbia
district of columbia
[972]
THE DISTRICT OF COLUMBIA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Date of establishment Estimated Area in
Territory of territorial Population, population, square Formation
government 1990 census July 1, 1998 miles
--------------------------------------------------------------------------------------------------------------------------------------------------------
District of Columbia........... ....................... 606,900 523,124 69 Established under Art. I, sec. 8, clause 17 of
Constitution. Territory originally ceded by
Maryland (legislative act of Dec. 23, 1788) and
Virginia (legislative act of Dec. 3, 1789).
Cessions accepted by Congress by act of July 16,
1790; lines and bounds established by
proclamation of President Washington, Mar. 30,
1791. Virginia's cession retroceded by act of
Congress July 9, 1846. The government of the
District is administered by a Mayor and a 13-
member Council, all of whom are elected by the
citizens of the District of Columbia. All acts of
the council are reviewable by Congress. (Dec. 24,
1973, Pub. L. 93-198.) Pursuant to the District
of Columbia Delegate Act the District of Columbia
now has a non-voting Delegate to the House of
Representatives. (Sept. 22, 1970, Pub. L. 91-405,
Sec. Sec. 201-206, 84 Stat. 848.)
--------------------------------------------------------------------------------------------------------------------------------------------------------
[973]
[973]
puerto rico, insular possessions
puerto rico, insular possessions
puerto rico, insular possessions
[973]
COMMONWEALTH OF PUERTO RICO, THE INSULAR POSSESSIONS, AND TRUST TERRITORY OF THE PACIFIC ISLANDS
--------------------------------------------------------------------------------------------------------------------------------------------------------
Area in
Insular possession Date of establishment of Population, square Acquisition
insular government 1990 census miles
--------------------------------------------------------------------------------------------------------------------------------------------------------
Commonwealth of Puerto Rico............ July 25, 1952.................. 3,522,037 3,421 Ceded to United States by Spain by Treaty of
Paris, Dec. 10, 1898. The constitution of the
Commonwealth was approved July 3, 1952.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Guam................................... Aug. 1, 1950................... 133,152 209 Ceded to the United States by Spain by Treaty of
Paris, Dec. 10, 1898.
American Samoa......................... (\1\) 46,773 77 Acquired by the United States Feb. 16, 1900, under
terms of tripartite treaty Dec. 2, 1899. Full
sovereignty accepted from native chiefs by United
States Feb. 20, 1929.
Virgin Islands......................... June 22, 1936.................. 101,809 132 By purchase from Denmark, Mar. 3, 1917, for
$25,000,000. The Revised Organic Act of 1954 is
the basis for the present territorial government.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trust Territory of the Pacific Islands. (\1\) (\2\) .............. .......... Occupied during World War II. Placed under the
United Nations Trusteeship system in 1947 by
agreement with the Security Council of the United
Nations.
Northern Mariana Islands............... Jan. 9, 1978................... 43,345 184 Concluded future political status negotiations in
1975 which will establish a commonwealth
relationship with the U.S. at termination of the
trusteeship. Covenant providing this relationship
passed by Congress in March 1976 (P.L. 94-241).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Administered under jurisdiction of the Department of the Interior, with a locally drafted constitution and elected governor and legislature.
\2\ As of November 3, 1986 the Marshall Islands and the Federal States of Micronesia became freely associated states. The 1990 population of the
remaining territory, the Republic of Palau, was 15,122.
[974]
[974]
[974]
apportionments of representatives
apportionments of representatives
apportionments of representatives
[974]
APPORTIONMENTS OF REPRESENTATIVES
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
State 1787 1790 1800 1810 1820 1830 1840 1850 1860 1870 1880 1890 1900 1910 1930 1940 1950 1960 1970 1980 1990
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama...................................... ..... ..... ..... *1 3 5 7 7 6 8 8 9 9 10 9 9 9 8 7 7 7
Alaska....................................... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... *1 1 1 1 1
Arizona...................................... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... *1 1 2 2 3 4 5 6
Arkansas..................................... ..... ..... ..... ..... ..... *1 1 2 3 4 5 6 7 7 7 7 6 4 4 4 4
California................................... ..... ..... ..... ..... ..... ..... *2 2 3 4 6 7 8 11 20 23 30 38 43 45 52
Colorado..................................... ..... ..... ..... ..... ..... ..... ..... ..... ..... *1 1 2 3 4 4 4 4 4 5 6 6
Connecticut.................................. 5 7 7 7 6 6 4 4 4 4 4 4 5 5 6 6 6 6 6 6 6
Delaware..................................... 1 1 1 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
Florida...................................... ..... ..... ..... ..... ..... ..... *1 1 1 2 2 2 3 4 5 6 8 12 15 19 23
Georgia...................................... 3 2 4 6 7 9 8 8 7 9 10 11 11 12 10 10 10 10 10 10 11
Hawaii....................................... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... *1 2 2 2 2
Idaho........................................ ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... *1 1 1 2 2 2 2 2 2 2 2
Illinois..................................... ..... ..... ..... *1 1 3 7 9 14 19 20 22 25 27 27 26 25 24 24 22 20
Indiana...................................... ..... ..... ..... *1 3 7 10 11 11 13 13 13 13 13 12 11 11 11 11 10 10
Iowa......................................... ..... ..... ..... ..... ..... ..... *2 2 6 9 11 11 11 11 9 8 8 7 6 6 5
Kansas....................................... ..... ..... ..... ..... ..... ..... ..... ..... 1 3 7 8 8 8 7 6 6 5 5 5 4
Kentucky..................................... ..... 2 6 10 12 13 10 10 9 10 11 11 11 11 9 9 8 7 7 7 6
Louisiana.................................... ..... ..... ..... *1 3 3 4 4 5 6 6 6 7 8 8 8 8 8 8 8 7
Maine........................................ ..... ..... ..... 7 7 8 7 6 3 5 4 4 4 4 3 3 3 2 2 2 2
Maryland..................................... 6 8 9 9 9 8 6 6 5 6 6 6 6 6 6 6 7 8 8 8 8
Massachusetts................................ 8 14 17 13 13 12 10 11 10 11 12 13 14 16 15 14 14 12 12 11 10
Michigan..................................... ..... ..... ..... ..... ..... *1 3 4 6 9 11 12 12 13 17 17 18 19 19 18 16
Minnesota.................................... ..... ..... ..... ..... ..... ..... ..... *2 2 3 5 7 9 10 9 9 9 8 8 8 8
Mississippi.................................. ..... ..... ..... *1 1 2 4 5 5 6 7 7 8 8 7 7 6 5 5 5 5
Missouri..................................... ..... ..... ..... ..... 1 2 5 7 9 13 14 15 16 16 13 13 11 10 10 9 9
Montana...................................... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... *1 1 1 2 2 2 2 2 2 2 1
Nebraska..................................... ..... ..... ..... ..... ..... ..... ..... ..... *1 1 3 6 6 6 5 4 4 3 3 3 3
Nevada....................................... ..... ..... ..... ..... ..... ..... ..... ..... *1 1 1 1 1 1 1 1 1 1 1 2 2
New Hampshire................................ 3 4 5 6 6 5 4 3 3 3 2 2 2 2 2 2 2 2 2 2 2
New Jersey................................... 4 5 6 6 6 6 5 5 5 7 7 8 10 12 14 14 14 15 15 14 13
New Mexico................................... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... *1 1 2 2 2 2 3 3
New York..................................... 6 10 17 27 34 40 34 33 31 33 34 34 37 43 45 45 43 41 39 34 31
North Carolina............................... 5 10 12 13 13 13 9 8 7 8 9 9 10 10 11 12 12 11 11 11 12
North Dakota................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... *1 1 2 3 2 2 2 2 1 1 1
Ohio......................................... ..... ..... *1 6 14 19 21 21 19 20 21 21 21 22 24 23 23 24 23 21 19
Oklahoma..................................... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... *5 8 9 8 6 6 6 6 6
Oregon....................................... ..... ..... ..... ..... ..... ..... ..... *1 1 1 1 2 2 3 3 4 4 4 4 5 5
Pennsylvania................................. 8 13 18 23 26 28 24 25 24 27 28 30 32 36 34 33 30 27 25 23 21
Rhode Island................................. 1 2 2 2 2 2 2 2 2 2 2 2 2 3 2 2 2 2 2 2 2
South Carolina............................... 5 6 8 9 9 9 7 6 4 5 7 7 7 7 6 6 6 6 6 6 6
South Dakota................................. ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... *2 2 2 3 2 2 2 2 2 1 1
Tennessee.................................... ..... *1 3 6 9 13 11 10 8 10 10 10 10 10 9 10 9 9 8 9 9
Texas........................................ ..... ..... ..... ..... ..... ..... *2 2 4 6 11 13 16 18 21 21 22 23 24 27 30
Utah......................................... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... *1 1 2 2 2 2 2 2 3 3
Vermont...................................... ..... 2 4 6 5 5 4 3 3 3 2 2 2 2 1 1 1 1 1 1 1
Virginia..................................... 10 19 22 23 22 21 15 13 11 9 10 10 10 10 9 9 10 10 10 10 11
Washington................................... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... *1 2 3 5 6 6 7 7 7 8 9
West Virginia................................ ..... ..... ..... ..... ..... ..... ..... ..... ..... 3 4 4 5 6 6 6 6 5 4 4 3
Wisconsin.................................... ..... ..... ..... ..... ..... ..... *2 3 6 8 9 10 11 11 10 10 10 10 9 9 9
Wyoming...................................... ..... ..... ..... ..... ..... ..... ..... ..... ..... ..... *1 1 1 1 1 1 1 1 1 1 1
--------------------------------------------------------------------------------------------------------------------------------------------------
Total...................................... 65 106 142 186 213 242 232 237 243 293 332 357 391 435 435 435 437 435 435 435 435
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
*Indicates representation of new States admitted after the respective decennial census apportionments.
Note: The original apportionment of Representatives was established in 1787 by the Constitution. Subsequent apportionments based on the 1st Census through the 6th Census were as follows
(number of census, date of act, and ratio of persons per Representative): 1st, Apr. 14, 1792, 33,000; 2d, Jan. 14, 1802, 33,000; 3d, Dec. 21, 1811, 35,000; 4th, Mar. 7, 1822, 40,000; 5th,
May 22, 1832, 47,700; 6th, June 25, 1842, 70,680. Apportionment based on the 7th Census (1850) through the 12th Census (1900) was determined by the Vinton method, and for the 13th Census
(1910) and 15th Census (1930) the method of major fractions was employed, there being no reapportionment in 1920. Apportionment based on the 16th Census (1940), through the 21st Census
(1990), was determined by the method of equal proportions, a description of which may be found in S. Doc. 304, 76th Cong., 3d sess.
[999]
____________________________________________________________
GENERAL INDEX
____________________________________________________________
Note--For detailed items not found in this general index
see the following special indexes:
Senate Manual Section
Standing Rules of the Senate............ 50
Congressional Budget and Impoundment
Control Act of 1974, as amended
(cross-reference table)............. 55
Cleaves' Manual (conferences)........... 188
Constitution of the United States....... 797.5
Senators of the United States........... 900
____________________________________________________________
A
Absence of:
Senators....................................6, 79.28
Vice President.....................................1
Academies, service, Boards of Visitors to. See Boards
of Visitors.
Actions brought against officers of the Senate....301, 301.5
Inapplicability................................301.5
Acts, printing of........................................622
Additional views in committee reports.................26.10c
Addresses, memorial, printing of.............79.10, 633, 634
Adjourn, motion to..............................6.4, 9, 22.1
Adjournment of Congress..................................354
Admission of States to the Union (table).................971
Advertising devices prohibited in Senate wing.............92
Advertising for stationery...........................291-293
Affidavits, employee loyalty.............................432
Age Discrimination in Employment Act, application to
Congress..........................................399.71
Aging, Special Committee on. See Committees, special.
Agriculture, Secretaries of (table)......................959
Report of, printing..............................661
Agriculture, Nutrition, and Forestry, Committee on.
See Committees, standing.
Air Force Academy:
Board of Visitors to.............................444
Cadets, appointment of.........................443.5
Airmail postage allowance, senatorial..................246.1
Alabama:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................800
Alaska:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................802
Allowances to Senators. See Senators: Allowances.
Amend, motion to........................................22.1
Amendment(s):
Committee, not within jurisdiction..............15.5
Division of a question..........................15.3
Laid on table without prejudice to bill.........15.4
Not in order....................................14.7
Of the rules.......................................5
Of treaties.....................................30.1
Post cloture....................................22.2
To appropriation bills............................16
Amendments to the Constitution of the United States......770
American Samoa (historical data).........................973
Americans With Disabilities Act, application to
Congress..................................399.71, 399.72
Announcement of committee hearings.....................26.4a
Appeal from ruling of Chair.............................19.4
Appointive public office, acceptance or solicitation
of..............................................455, 456
Appointment of:
Committees......................................24.1
Public officials.............................31, 433
Senator to the Chair.............................1.3
Senators, certificates of...................2.2, 2.3
Apportionments of Representatives (table)................974
Appropriation acts: Comptroller General to make study
of restrictions in.................................481.1
Appropriation bills. See Bills and resolutions.
Appropriations (see also Budget process,
Congressional):
Annual basis for...............................26.13
Budget, national.............................482-489
Comptroller General to make:
Analyses of executive agencies'
expenditures.......................481.1
Study of restrictions in appropriation
acts...............................481.1
Estimates, field examination of................485.1
Increase of general library......................317
Printing and binding.............................627
Procedure on, in committee........................16
Reappropriating unexpended balances.............16.8
Receipts from sales of surplus furnishings
credited to................................296.1
Contingent expenses of the Senate......270.2
Senate: Withdrawal of unexpended balances........287
Statement of................................290, 635
Term of service for Senators as trustees or
directors of corporations or institutions
appropriated for.............................215
Appropriations, Committee on. See Committees,
standing.
Architect of the Capitol:
Absence or disability of.........................505
Appointment and term of........................501.1
Assistant Architect..............................505
Capitol Building (see also as main entry):
Care and superintendence of.........502, 503
National Statuary Hall, supervision of
521
Repair of................................506
Senate wing of:
Busts of former Vice
Presidents placed
in....................67
Heating and
ventilating of.......510
Capitol Guide Service............................558
Capitol Police Board.........................546-548
Capitol Visitor Center...........................556
Compensation of................................501.2
Contracts:
Exception from advertisement
requirement..........................560
Personal services contracts............560.1
Delegation of authority by.......................504
Dormitory and classroom facilities for pages
518.7
Employees of:
Charitable contributions by............251.1
Compensation of..................508.1-508.6
Energy management for Congressional buildings
(note).......................................506
Executive Assistant..............................505
Expenditures, semiannual report................501.3
Furniture and carpets, purchase of...............511
National Visitor Center..........................554
Powers and duties of.............................501
Senate garage, control and supervision of........519
Senate Office Buildings:
Care, control, and supervision of........514
Certification of vouchers for
expenditures for.....................517
Nurse, registered, in....................509
Structural changes in, approval of.......512
Senate restaurants, management of............90, 518
Telecommunications, overall plan (note)..........506
Title of, change of..............................500
Transfer of excess material and equipment to,
from Department of the Army..................520
Vacancy in office of.............................505
Archivist, disposal of records...........................680
Presidential archival depository.................679
Records of Congress........................60, 679.1
Area of (tables):
Insular possessions of the United States.........973
States other than the Thirteen Original States
971
Thirteen Original States.........................970
Arizona:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................804
Arkansas:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................806
Armed Services, Committee on. See Committees,
standing.
Arrest and detain, power of Sergeant at Arms to..........525
Art, works of, in the Capitol.......................522, 523
Acquisition...........................522a-1, 522b-5
Conservation, replacement, etc................522b-6
List of.......................................522b-3
Art, Senate Commission on...............................522b
Articles of Confederation................................756
Assassination: congressional, cabinet, Supreme Court
458
Assault: congressional, cabinet, Supreme Court...........458
Assignment of space:
For joint committees and conferences.............516
In Senate wing and Senate Office Buildings....25.1n,
515
Assistant Secretary of Senate............................265
Oaths, administration of.........................213
Performance of duties of Chair by................1.2
Assistant to. See title of appropriate officer.
Attorneys General (table)................................955
Authority of standing committees..................25.1, 26.1
Authorizations, expenditure, for committees.............26.9
B
Balanced Budget and Emergency Deficit Control Act
(Gramm-Rudman-Hollings)........................399.40-49
Bank examination report information, disclosure of.....463.5
Banking, Housing, and Urban Affairs, Committee on. See
Committees, standing.
Barber and Beauty Shops, revolving fund................304.5
Begging prohibited in Senate wing.........................92
Beneficiaries of Members and employees of the Senate
226
Bills and resolutions:
Amendments. See as main entry.
Appropriation bills:
Amendment(s) to...........................16
Annual basis for.......................26.13
Consideration of..........................16
New spending authority.................25.1b
Private claims not to be included.......16.5
Procedure on..............................16
Reappropriating unexpended balances.....16.8
Rescission of appropriations...........25.1b
Binding sets for Congress........................620
Calendar call...............................7.2, 8.1
Commitment of...................................14.3
Cost estimates of proposals in................26.11a
Court of Federal Claims, reference to...14.9, 479.3,
480.5
Digest of, by Congressional Research Service
334.5
Distribution of..................................618
Enrollment of...................................14.5
Signing enrolled bills...................1.3
From the House of Representatives................7.3
Introduction of..............................7, 14.1
Joint resolutions, printing of...................622
Modification of a resolution....................15.2
Motion to commit..........................14.7, 22.1
Pension bills............................14.9, 14.10
Preambles.......................................14.8
Printing of..........................11.4, 11.6, 618
Private bills............................14.9, 14.10
Procedure on......................................14
Reading of......................................14.2
Reference of........................14.3, 17.2, 17.3
Reported from committee........................14.4,
17.4, 17.5, 26.10b, 26.10c, 26.11, 26.12
Reports to show proposed changes in
existing law (Cordon rule).........26.12
Style and form...................................619
To lie over one day.............................14.6
Withdrawal of a resolution......................15.2
Binding. See Printing and binding.
Blank books..............................................643
Boards of Visitors:
Air Force Academy................................444
Coast Guard Academy..............................446
Military Academy.................................442
Naval Academy....................................443
Bond of. See title of officer.
Botanic Garden:
Appropriation for................................552
Capitol Police supervision.......................550
Superintendent of................................551
Bribery, graft, and conflicts of interest................450
British-American Interparliamentary Group.............471.12
Broadcast:
Committee hearings and meetings................26.5c
Senate chamber proceedings.....................79.28
Budget, Committee on the. See Committees, standing.
Budget, national.....................................482-488
Authorities of the President...................483.1
Budget ceiling...................................483
Budget contents; submission to Congress..........484
Congressional information........................488
Deficiency and supplemental appropriations.......485
Definitions......................................482
Estimates, current programs and activities.......486
Fiscal, budget, and program information........487.1
Fiscal year....................................482.1
Improving government efficiency..................487
Submission of appropriations requests to
President..................................485.1
Supplemental budget estimates and changes......484.1
Year-ahead requests............................486.1
Budget process, Congressional See also Manual
Sec. 200, separate Contents of Title 2, Chapters
17 A and B...................................399.39-1--
35
Congressional budget and fiscal operations
399.39-1--21g
Appropriation bills:
House adjournment
prohibited prior
to action on
399.39-13
House Committee action
required by June
10.............399.39-11
Budget Committee handling of
legislation dealing with the
Congressional budget...........399.39-10
Concurrent resolutions on the budget:
Annual concurrent
resolution:
Additional matters in
399.39-5b
Common economic
assumptions
.... 399.39.5g
Consultation with
other committees
399.39-5h
Content of concurrent
resolution
..... 399.39-5a
Hearings and report
399.39-5e
Matters which change
House rules
.... 399.39-5c
Maximum deficit may
not be exceeded
399.39-5i
Unemployment,
achieving goals
for reducing
... 399.39-5f
Views and estimates of
other committees
399.39-5d
Committee allocations:
Allocation of totals
399.39-6a
Alteration of
allocations
.... 399.39-6e
Determinations by
Budget Committees
399.39-6g
Points of order
399.39-6c,f
Reports by committees
399.39-6b
Subsequent concurrent
resolutions
.... 399.39-6d
Consideration of
concurrent
resolutions on the
budget:
Conference committee,
required action
399.39-9d
Mathematical
consistency
required
....... 399.39-9e
Procedure in the House
399.39-9a
Procedure in the
Senate
......... 399.39-9b
Senate action on
conference reports
399.39-9c
First concurrent
resolution,
adoption required
prior to
consideration of
legislation
providing new
budget, spending,
or credit
authority, or
changes in
revenues or public
debt limit:
Exceptions
......... 399.39-7b
General
............ 399.39-7a
Waiver in Senate
... 399.39-7c
New budget and
spending authority
and revenue
legislation to be
within appropriate
levels:
Determination of
budget levels
399.39-15c
Extraneous matter in
reconciliation
399.39-15b
Points of order
... 399.39-15a
Permissible revisions
of concurrent
resolutions:
General
............ 399.39-8a
Maximum deficit may
not be exceeded
399.39-8b
Reconciliation:
Amendments limited
399.39-14d
Completion by June 15
399.39-14f
Legislative procedure
399.39-14b
Procedure in Senate
399.39-14e
Reconciliation
directives:
Compliance
with
399.39-14c
In concurrent
resolutions
......399.39-14a
Social Security Act,
limit on changes
399.39-14g
Reports, summaries,
projections of
Congressional
budget actions:
Five-year projection
(by CBO)
...... 399.39-12c
Legislation providing
new budget,
spending, credit
authority, or
increase/decrease
in revenues or
expenditures
399.39-12a
Tabulations of (by
CBO)
.......... 399.39-12b
Timetable...........339.39-4
Continuing study of budget reform
proposals.......................399.39-3
Declaration of purpose..............399.39-1
Definitions.........................399.39-2
Referral of matters affecting the
budget process.................399.39-33
Budget deficits, emergency powers to
eliminate:
Baseline..............................399.47
Enforcement:
Deficit targets.......399.43
Discretionary spending
limits............399.41
Pay-as-you-go.........399.42
Sequestration.........399.40
Exceptions............................399.46
Exemptions............399.45
Flexibility among
defense programs
399.47c
Reports and orders....399.44
Modification of
presidential
orders........399.47b, e
Special reconciliation
process..........399.47d
Suspension in the
event of war or
low growth.......399.47a
Congressional Budget Office............399.36-399.39
Credit reform..............................399.39-22
Authorizations....................399.39-22d
Budgetary treatment...............399.39-22c
Definitions.......................399.39-22a
OMB and CBO analysis..............399.39-22b
Purposes...........................399.39-22
Federal mandates. See also Unfunded Mandates
Reform..............................399.39-21a-g
Clarification of application......399.39-21g
Duties of congressional committees
399.39-21b
Duties of the Director; statements on
bills and joint resolutions...399.39-21c
Effective date; definitions........399.39-21
Exclusions........................399.39-21a
Legislation subject to points of order
399.39-21d
Provisions relating to the House of
Representatives...............399.39-21e
Requests to the CBO from Senators
399.39-21f
Fiscal procedures......................399.39-16-20a
Analysis of costs (CBO)............399.39-18
Bills providing new credit authority:
Definitions.......399.39-16c
Exceptions........399.39-16d
Legislation providing
entitlement
authority.....399.39-16b
Legislation providing
spending authority
399.39-16a
Member User Group.................399.39-20a
Off-budget agencies, programs,
activities.....................399.39-20
Study of Federal commitments not
reviewed annually (GAO)........399.39-19
Impoundment Control and Line Item Veto
399.39-24-29
Comptroller General:
Reports by.........399.39.27
Suits by...........399.39.28
Definitions.......................399.39-24a
Disapproval of proposed deferrals
399.39-25
Disclaimer.........................399.39-24
Extraneous provisions in
reconciliation bills..........399.39-15b
Judicial review....................399.39-35
Line item veto.....................399.39-29
Presidential special messages:
Cumulative reports by
President......399.39-26
Deferrals..........399.39-25
Rescissions.......399.39-24b
Transmission and
publication....399.39-26
Procedure in House and Senate......399.39-29
Referral of bills to
committees.....399.39-29
Floor consideration
399.39-29
Rescission of budget authority....399.39-24b
Rulemaking powers of Congress, exercise of
399.39-30
Budget to accompany expenditure-authorization
resolutions........................................26.9,
60.1, 60.4
Business:
Continued from session to session.................18
Executive or confidential......................29-32
Morning............................................7
Conclusion of..................7.2, 8, 19.1b
Order of...........................................8
Special orders.......................8.1, 10
Busts of former Vice Presidents, placing of...............67
Buzzers, legislative......................................96
``Byrd rule''.....................................399.39-15b
C
Cabinet officers, (table)................................951
Assassination, kidnapping, and assault of........458
Calendar, call of...................................7.2, 8.1
Calendar Monday..........................................7.2
Calendar of Bills and Resolutions:
Consideration of items on...................7.2, 8.1
Placing of items on.............................14.4
Calendar of Special Orders..............................10.1
California:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................808
Cameras, restriction on...................................85
Campaign funds, disclosure of. See Elections.
Canada-United States Interparliamentary Group.........471.10
Canal Zone (historical data).............................973
Candidates for public office. See Elections.
Capitol Building (see also Architect of the Capitol):
Care and superintendence of.................502, 503
Central portion of, extension of...............506.1
Commission on Art of the United States Senate
522b
Energy management requirements (note)............506
National Statuary Hall...........................521
Organizations conducting activities in, audit
of accounts................................538.1
Preservation Commission and Fund................522a
Protection of persons and property in............525
Repairs to.......................................506
Senate Chamber. See as main entry.
Senate wing:
Advertising devices prohibited in.........92
Assignment of space in.................25.1n
Busts of former Vice Presidents,
placing of............................67
Cleaning of...............................95
Cloakrooms, admission to..................87
Closed-captioning of Senate
proceedings........................79.28
Corridors and passageways to be kept
open..................................91
Galleries...........................33.2, 85
Heating and ventilating of...........88, 510
Marble Room...............................86
Peddling and begging forbidden in.........92
Regulation of.......................33.2, 80
Senate Chamber. See as main entry.
Senate Restaurants. See as main entry.
Sergeant at Arms to enforce
regulations relative to...............80
Smoking policy............................89
Stands, booths, or counters for
exhibitions or sale of any article
prohibited............................91
Sweeping, cleaning, and dusting of........95
Space in, for joint committees and conference
committees...................................516
Telecommunications, overall plan (note)..........506
Works of art in.............................522, 523
Capitol Grounds......................................526-553
Addition to....................................518.8
Capitol Police detail..........................546.1
Disorderly conduct on........................528-532
Explosives on....................................531
Firearms on......................................531
National Visitor Center..........................554
Organizations conducting activities on, audit
of accounts................................538.1
Recreational use................................549b
Sales and solicitations forbidden................529
Senate Employee Child Care Center............549c, d
Shuttle service..................................553
Capitol Guide Board......................................558
Capitol Guide Service:
Assistance to Capitol Police...................558.6
Capitol Guide Board..............................558
Establishment of...............................558.1
Expenditure authorization for.................558.10
Longevity compensation.......................251.1-1
Operation of.............................558.2-558.5
Regulations for................................558.2
Capitol Police.......................................539-549
Assistance to, by Capitol Guide Service........558.6
Compensation of.........252.8, 263.3, 540, 540a, 542
Compensatory time off..................539.1
Emergency overtime pay.................539.1
Longevity compensation..........251.2, 251.3
Detail to Capitol grounds and Library of
Congress...................................546.1
Law enforcement authority........................547
Protection of Members of Congress, officers,
and families...............................546.2
Capitol Preservation Commission and Fund................522a
Capitol Visitor Center...................................556
Carpets, purchase of.....................................511
Certificates of election or appointment of a Senator
2.2, 2.3, 206, 207
Certification of salary and mileage accounts.............244
Chair (see also Presiding Officer):
Appointment of Senator to perform duties of......1.3
Order in Chamber or galleries, enforcement of
19.6
Performance of duties of, by Secretary of the
Senate or Assistant Secretary of the
Senate.......................................1.2
Ruling of, appeal from..........................19.4
Chairman:
Committee. See Committee(s): Chairman.
Subcommittee...................................25.4e
Chaplain of the Senate:
Compensation. See Compensation.
Daily prayer by............................4.1a, 4.2
Postage stamps.................................256.5
Charitable contributions............35.3, 35.4, 251.1, 440.1
Check cashing regulations. See Disbursing Officer;
Secretary of the Senate.
Chief Clerk of the Senate. See Assistant Secretary of
the Senate.
Child Care Center, Senate............................549c, d
Citizens' Commission on Public Service and
Compensation.........................................398
City Post Office Building, leased space................513.5
Civil Rights Act, application to Congress.............399.71
Claims:
Against Government, activities of officers and
employees in.................................454
Sergeant at Arms may settle certain tort
claims.....................................79.33
Waiver of, arising out of payments to Vice
President, Senator, or Senate employee.......312
Claims Court, U.S.:
Congressional reference case......14.9, 479.3, 480.5
Practice by Members of Congress in...............453
Classification of Senators...............................799
Classified information, disclosure of.................462.19
Classroom facilities for pages.........................518.7
Clay, Henry, desk in Senate chamber....................79.39
Cleaves' Manual of the Law and Practice in Regard to
Conferences and Conference Reports...................127
Special index to.................................188
Clerical employees. See Committee(s): Staff; Employees
of the Senate.
Cloakrooms, admission to..................................87
Closed-captioning of Senate proceedings................79.28
Closed-door sessions of Senate............................21
Closed sessions of committees..........................26.5b
Cloture procedure.......................................22.2
Coast Guard Academy, Board of Visitors to................446
Code of Official Conduct....34-43, 79.6, 220.1, 439-440, 565
Colorado:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................810
Commencement of daily sessions.............................4
Commerce, Science, and Transportation, Committee on.
See Committees, standing.
Commerce, Secretaries of (table).........................961
Commerce and Labor, Secretaries of (table)...............960
Commission for Extension of the United States Capitol
506.1
Commission on Art, Senate...............................522b
Commit, motion to.................................14.7, 22.1
Committee(s):
Amendments, not within jurisdiction of..........15.5
Applications for tax exemption, inspection of,
by.........................................475.5
Appointment of....................................24
Appropriations:
Estimates, funds for field examination
of.................................485.1
On annual basis........................26.13
Authority.................................25.1, 26.1
Bank examination report information,
disclosure of..............................463.5
Budgetary and fiscal data to be made available
to...........................................488
Chairman:
Absence of..............................26.3
Appointment of............................24
Approval of vouchers....................26.1
Enforcement of order...................26.5d
Limitations on service as..............25.4e
Ranking majority member to serve in
absence of..........................26.3
Reporting approved measures promptly
26.10b
Resignation of..........................24.4
Subcommittee chairman..................25.4e
Civil actions..................................479.2
Clerical staff. See Staff, infra.
Closed or open sessions........................26.5b
Compensation of staff...................252.6, 252.7
Conference committees. See Conferences.
Congressional Research Service, assistance
from.......................................334.4
Consultants:
Contracts for..........................275.9
For Appropriations Committee...........79.12
For Commission on Art and Antiquities
79.4
For Majority or Minority Conference
Committee..........................260.1
Qualifications of, to be submitted to
Committee on Rules and
Administration, and available for
public inspection..................275.9
Selection of...........................275.9
Counterpart funds, use of........................472
Discharge, motion to...........................17.4a
Expenditure authorizations.................26.9, 353
Budgets to accompany.......26.9, 60.1, 60.3,
60.4
Specification of portion for:
Procuring consultants
275.9
Training of
professional staff
79.1-2, 275.10
Vouchers for expenditures................274
Federal advisory committees, review of
activities of................................438
Federal income tax returns and return
information confidentiality and disclosure
475
Funds. See Expenditure authorizations,
supra.
General Accounting Office:
Assistance by.....................481.2, 488
Employees of, assigned to
congressional committees...........481.6
Reports of, to be made available to
congressional committees...........481.4
Hearings:
Announcement of........................26.4a
Authority for...........................26.1
Availability of printed copies..........17.5
Broadcasting of........................26.5c
Closed.................................26.5b
Copies of, for Library of Congress.......325
Executive decisions.....................17.5
Obstruction of proceedings.....26.5d, 462.20
Open...................................26.5b
Order in...............................26.5d
Printing of.....................17.5, 26.10a
Procedure...............................26.4
Scheduling...........26.3, 26.5, 26.6, 79.19
Stenographic assistance for reporting
of..................................26.1
Testimony, staff to prepare summary of
26.4c
Witnesses.........................26.1, 26.4
Authority to summon.....26.1
Bribery of...............450
Failing to testify or
produce records......351
Immunity of......465.1-465.3
Influencing,
intimidating, or
impeding..........462.20
Oaths of.................348
Privilege of.............350
Refusal of, to testify
349
Reimbursement of
expenses.........69, 352
Selected by minority
26.4d
Statements, to file
advance............26.4b
Investigations, authority for...................26.1
Joint. See Committees, joint.
Jurisdictions of............................25-25.1p
Legislative review by...........................26.8
Report on...............................26.8
Meetings..........................................26
Closed and open sessions...............26.5b
Scheduling of..............26.3, 26.5, 79.19
Membership on..............................25.2-25.4
Employees designated to assist Senator
with.................................277
Limitations and exceptions with
respect to..........................25.4
Temporary increase in (leadership
agreement).........................25.4c
Open or closed sessions........................26.5b
Personnel. See Staff, infra.
Powers..........................................26.1
Continuance of..........................25.1
Printing for.............................26.10a, 636
Procedure:
Hearings................................26.4
Meetings................................26.3
Rules of................................26.2
Professional staff. See Staff, infra.
Proxies, use of, in.............................26.7
Quorum.........................................26.7a
Ranking majority member to serve in absence of
chairman....................................26.3
Records................................26.5e, 26.10a
Availability to all Members of Senate
26.10a
Separate from chairman's office
records...........................26.10a
Reference of bills and resolutions to....14.3, 17.2,
17.3
Reportorial services.......................26.1, 273
Reports.....................................7.1, 7.2
Additional views in...................26.10c
Appropriations Committee reports to
identify with particularity items
not required to carry out
provisions of an existing law, etc
16.7
Availability of (``2-day rule'')........17.5
Conference committee......................28
Cost estimates of proposed legislation
26.11a
Filing of.....................26.10b, 26.10c
Indexing and binding of..................637
Legislative review.....................26.8b
Minority views in.....................26.10c
On part-time employees....................63
On supplemental authorization
resolutions.........................26.9
Printing of...........11.4-11.6, 26.10c, 613
Submission of............................7.1
Supplemental views in.................26.10c
To be made promptly...................26.10b
To lie over one day....................17.4a
To require favorable vote of a
majority present....................26.7
To show proposed changes in existing
law (Cordon rule)..................26.12
To specify votes on measures...........26.7b
Two-day rule............................17.5
Request to an officer appointed by the
President for an expression of that
officer's individual views.................351.5
Select. See Committees, select.
Sessions:
Broadcasting of........................26.5c
Open or closed.........................26.5b
Scheduling of.....................26.4, 26.6
Sitting while Senate is in session.............26.5a
Special. See Committees, special.
Staff.............................................27
Appropriations Committee..................70
Compensation of............250, 252.6, 252.7
Displaced by change of
committee
leadership..........72.6
Designated to assist Senator with
committee membership.................277
Detailed from other Government
agencies............................27.4
From General
Accounting Office
481.6
Minority...........................27.1-27.3
Part-time employees, report on............63
Professional staff members:
Limitation on
appointment of......27.4
Training for.........79.1-2,
275.10
Standing. See Committees, standing.
Stationery allowance.............................643
Subcommittees...................................25.4
Assignment.............................79.18
Subpena, power of...............................26.1
Suits by..........................................77
System:
Reorganization.........................79.15
Review.................................79.20
Training for professional staff of....79.1-2, 275.10
Voting:
Proxies.................................26.7
Record of...............................26.7
Witnesses. See Hearings, supra.
Committee of the Whole, proceedings on treaties in.....30.1b
Committees, conference. See Conferences.
Committees, Federal advisory.............................438
Committee, joint:
Membership on.............................25.3, 25.4
Space for, assignment of.........................516
Training of staff.............................275.10
Committees, joint:
Economic.........................................447
Economic Indicators, printing of.........448
Library:
Acceptance of works of art for Capitol
Building.............................522
Capitol Preservation
Commission..........522a
Senate Commission on
Art.................522b
Authority of, during recess of
Congress.............................319
Composition of...........................318
Congressional Research Service, report
of.................................334.9
Expenditure of appropriations for
increase of general library..........317
Membership of............................318
Statuary Hall, relocation of statues
in.................................521.1
Printing: (see also Printing and binding):
Additional copies, printing of......614, 615
Appropriation for printing and binding
627
Authority of........................601, 602
Bills and resolutions, style and form
of...................................619
Binding of:
Extra copies of
documents and
reports..............614
Publications for
distribution to
libraries............647
Congressional Directory.............631, 632
Congressional Record, arrangement and
style of.............................651
Depository libraries. See as main
entry.
Field printing plants....................608
Government Printing Office employees'
wage scales, approval of (Keiss
Act).................................607
Index of documents.......................665
Lapse of authority to print..............628
Membership of............................600
Memorial addresses................79.10, 633
Illustrations
accompanying.........634
Paper required for public printing,
estimates of.........................612
Printing and binding done elsewhere
than the Government Printing
Office..........................608, 609
Printing of two or more editions.........624
Sale by Superintendent of Documents of
additional copies of documents.......663
Slip copies of laws, postal
conventions, and treaties............621
Statutes at Large........................638
Taxation:
Federal income tax returns and return
information, confidentiality and
disclosure...........................475
Organization and membership..............476
Powers and duties........................477
Additional powers to obtain data.........478
Committees, other:
Indian Affairs:
Jurisdiction of........................79.17
Members, number of.....................25.3c
Committees, policy:
Training of staff.............................275.10
Witnesses: fees for............................352.5
Committees, political. See Elections.
Committees, select: Membership on.................25.3, 25.4
Committees, select:
Ethics:
Advisory opinions and regulations on
senatorial use of frank...........399.35
Chairman and Vice Chairman, exemption
from application of legislative
assistant clerk-hire allowance....79.1-1
Decorations tendered by foreign
governments to members, officers,
or employees.......................434.5
Financial disclosure, designated to
administer reporting requirements
of..................................79.1
Jurisdiction of.....................79, 79.1
Membership of..........................25.3c
Professional staff, training of.......79.1-2
Referral of violations to GAO for
investigation........................278
Intelligence............................25.3b, 79.13
Committees, special:
Aging..........................................79.16
Members, number of.....................25.3b
Year 2000 Technology Problem...................79.38
Committees, standing:
Agriculture, Nutrition, and Forestry:
Jurisdiction of........................25.1a
Members, number of......................25.2
Appropriations:
Agency reports on actions recommended
by GAO.............................481.5
Appropriations bills. See Bills and
resolutions.
Authority, additional.....................70
Compensation of staff...........252.6, 252.7
Comptroller General, reports of........481.4
Consultants for........................79.12
Excepted from certain committee
procedures........26.3, 26.4, 26.7-26.11
Fiscal, budget, and program
information........................487.1
Jurisdiction of........................25.1b
Legislative-review provisions (of 2
U.S.C. 190d) not applicable to.....26.8a
Members, number of......................25.2
New spending authority.................25.1b
Procedure of..............................16
Rescission of appropriations..........25.1b,
399.39-32
Reports to identify with particularity
items not required to carry out
provisions of existing law..........16.6
Sitting while Senate is in session.....26.5a
Staff.....................................70
Statement of appropriations.........290, 635
Armed Services:
Jurisdiction of........................25.1c
Members, number of......................25.2
Banking, Housing, and Urban Affairs:
Jurisdiction of........................25.1d
Members, number of......................25.2
Budget:
Jurisdiction of........................25.1e
Legislative review, exemption from.....26.8a
Members, number of......................25.2
Referral of legislation affecting
budget process.................399.39-33
Rescissions and deferrals..........399.39-32
Sitting while Senate is in session.....26.5a
Commerce, Science, and Transportation:
Jurisdiction of........................25.1f
Members, number of......................25.2
Energy and Natural Resources:
Jurisdiction of........................25.1g
Members, number of......................25.2
Environment and Public Works:
Jurisdiction of........................25.1h
Members, number of......................25.2
Finance:
Federal income tax returns and return
information, confidentiality and
disclosure...........................475
Jurisdiction of........................25.1i
Members, number of......................25.2
Representation on Joint Committee on
Taxation...........................476.2
Foreign Relations:
International agreements...............201.5
Interparliamentary activities and
reception of certain foreign
officials..........................79.24
Interparliamentary delegations,
reports on expenses................471.9
Jurisdiction of........................25.1j
Members, number of......................25.2
Governmental Affairs:
Agency reports on action recommended
by GAO.............................481.5
Comptroller General, reports of........481.4
Information from Executive agencies,
obtaining............................431
Jurisdiction of.............25.1k, 399.39-33
Members, number of......................25.2
Health, Education, Labor, and Pensions
Jurisdiction of........................25.1l
Members, number of......................25.2
Judiciary:
Independent Counsel...............479, 479.1
Joint Leadership Group, representation
on...............................396.7-2
Jurisdiction of........................25.1m
Members, number of......................25.2
Rules and Administration:
Budgets to accompany expenditure-
authorization resolutions..........26.9b
Busts of former Vice Presidents,
placing of............................67
Capitol Guide Service...........558.3, 558.8
Capitol Preservation Commission.........522a
Capitol Visitor Center...................556
Carpets, purchase of.....................511
Commission on Art of the United States
Senate..............................522b
Committee meetings schedule............79.19
Committee personnel on detail from
other Government agencies...........27.4
Committee system, review...............79.20
Consultants' (committee)
qualifications to be submitted to,
and available for public
inspection.........................275.9
Contingent fund of the Senate,
authorization of payments from....79.23,
270
Contracts for the purchase of
stationery and materials for
folding..............................297
Deceased Senators: Office expenses in
home States........................246.4
Employees detailed or assigned to
committees from other Government
agencies on a reimbursable basis
27.4
Employees summoned in connection with
judicial proceedings.................311
Expenditure-authorization resolutions
to be referred to..................26.9b
Furniture:
Condemned, sale of.......300
Purchase of..............511
Galleries, regulation of................33.2
Gifts, acceptance on behalf of the
Senate.............................79.34
Heating and ventilating of Senate wing
510
Joint Committee on Printing, Senate
members of...........................600
Joint Committee on the Library, Senate
members of...........................318
Joint Leadership Group, representation
on...............................396.7-2
Jurisdiction of........................25.1n
Legislative Counsel, priority of use
of services of.......................394
Materials, supplies, fuel; payment for
271
Members, number of.....................25.3a
Office equipment and furnishings for
Senators.............................248
Per diem and subsistence expenses,
regulations on.......................272
Printing, matters relating to, to be
referred to..............11.4, 11.5, 615
Records (obsolete) of Executive
agencies, disposal of................680
Reportorial services to committees.....26.1,
273
Senate computer center facilities,
regulation of.......................40.5
Senate garage............................519
Senate Office Buildings:
Assignment of space in
25.1n, 515
Commemoration and
designation of, as
Russell, Dirksen,
and Hart Senate
Office Buildings
79.8, 79.9
General policies in
respect to...........514
Senate Recording Studio........305.3, 305.4,
305.11
Senate Restaurants:
General policy in
respect to...........518
Jurisdiction over.........90
Surcharge on special
orders...............304
Senate wing of the Capitol, regulation
of..............................33.2, 80
Senate youth program......................78
Service pins or emblems.................79.2
Stationery room, classes of articles
to be sold by........................302
Training for professional staffs of
committees........................275.10
Vouchers, designation of an employee
to approve, on behalf of committee
270.1
Waste paper, sale of.....................300
Small Business:
Jurisdiction of........................25.1o
Members, number of.....................25.3a
Veterans' Affairs:
Jurisdiction of........................25.1p
Members, number of.....................25.3a
Communications allowances for Senators. See Senators:
Allowances.
Communications from:
Heads of departments.............................7.1
House of Representatives....................7.1, 9.1
President of United States..................7.1, 9.1
State legislatures and conventions...............7.5
Compensation (see also Reimbursement):
Adjustment of rate of..............249.5, 255.3, 797
Architect of the Capitol.......................501.1
Employees of.....................508.1-508.6
Executive Assistant to...................505
Capitol police...252.8, 263.3, 539.1, 540, 540a, 542
Certification of salary (and mileage) accounts
244
Chaplain of the Senate...........................256
Employees of...........................256.1
Charitable contributions.........251.1, 440.1, 475.7
Citizens' Commission on Public Service and Comp
ensation.....................................398
Committee employees.....................252.6, 252.7
Displaced by change of committee
leadership..........................72.6
Congressional staff fellows, nonpay status of
310
Conversion increase in computation.............252.3
Dates of payment of..............................250
Death gratuities held to be gifts................306
Deceased Senators and Senate personnel, salary
due..........................................226
Deputy President pro tempore of Senate.........222.5
Employees of...........................260.7
Dual, payment of..............252.9, 268, 270, 433.3
Employees of a Senator.................252.5, 252.10
As affected by:
Death of a Senator........72
Number of positions
held...............252.9
Resignation of a
Senator...............72
Termination of service
of an appointed
Senator...............73
Death of an employee................226, 306
Employees summoned in connection with judicial
proceedings..................................311
Expense allowance:
Majority and Minority Conference
chairmen...........................220.7
Majority and Minority Leaders..........220.5
Majority and Minority Whips............220.5
President pro tempore..................222.6
Secretaries for the Majority and
Minority...........................267.1
Secretary of the Senate................267.1
Sergeant at Arms and Doorkeeper of the
Senate.............................267.1
General limitation........................252.7, 440
Legal Counsel..................................396.1
Assistant Counsels.....................396.2
Deputy Counsel.........................396.1
Legislative Counsel..............................390
Librarian of Congress..........................320.1
Deputy Librarian.......................320.2
Limitations on..............................252, 440
Longevity compensation........251.1-1, 251.2, 251.3,
251.5
Majority and Minority Whips:
Employees of...........................260.5
Expense allowance......................220.5
Majority Leader..................................220
Employees of....................260.2-260.4a
Members of Congress..............................220
Merit compensation.............................251.4
Minority Leader..................................220
Employees of....................260.2-260.4a
Nurse, registered, Senate Office Buildings.......509
Pages, Senate....................................283
Payment, dates of................................250
President pro tempore.......................220, 222
Employees of...........................260.6
Public Printer...................................605
Deputy Public Printer....................605
Reference in other provisions to basic rates
and additional compensation................252.4
Reimbursement. See as main entry.
Retirement benefits of Senators and Senate
employees. See 5 U.S.C. Sec. Sec. 8331-
8348. (Not included in Senate Manual.)
Salary deposit in financial organizations......489.1
Secretaries for the Majority and Minority,
expense allowance............................267
Secretary of the Senate..........................253
Expense allowance......................267.1
Merit compensation for certain
employees of................251.4, 251.5
Senate pay adjustments.............249.5, 249.7, 797
Senators....................................220, 223
Appointed or elected to fill vacancies
224
Compensation to in matters affecting
the Government.......................452
Day salary shall commence...........223, 224
Deductions from salary for:
Absence..................227
Delinquent
indebtedness.........229
Failure to pay for
excerpts from
Congressional
Record...............658
Withdrawal...............228
Mode of payment..........................243
Salary accounts to be certified by
President of the Senate..............244
Salary due a deceased Senator............226
Sergeant at Arms and Doorkeeper of the Senate
257, 261
Expense allowance......................267.1
Merit compensation for certain
employees of................251.4, 251.5
Telephone operators.....................251.3, 252.8
Vice President...................................421
Work injuries..................................434.6
Comptroller General. See General Accounting Office.
Computer Center, Senate. See Senate Computer Center.
Computer programming services, advance payments.....305.20-1
Concurrent resolutions. See Bills and resolutions.
Conference of the Majority...............................260
Consultants....................................260.1
Expense allowance for chairman.................220.7
Transfer of funds...............................260a
Conference of the Minority...............................260
Consultants....................................260.1
Expense allowance for chairman.................220.7
Transfer of funds...............................260a
Conference on Security and Cooperation in Europe
(Interparliamentary)..............................471.13
Conferences:
Assignment of space for..........................516
Cleaves' Manual..................................127
Special index to.........................188
Reports of........................................28
Explanatory statement to accompany.....28.4,
163
Confidential proceedings to be kept in separate book
4.1d
Conflicts of interest...............37, 249.1, 439, 440, 450
Congress:
Adjournment of...................................354
Bank examination report information,
disclosure of..............................463.5
Contempt of...........................349-351, 479.2
Electoral votes, counting of.................414-417
International agreements, transmission of, to
201.5
Meeting place of, changing.......................214
Records of, preserving...........................679
Congressional Accountability. See also Government
Employee Rights
399.70-399.79
Administrative and judicial dispute-resolution
procedures................................399.78
Application of laws.........................399.70-2
Definitions.................................399.70-1
Generally applicable remedies and limitations
399.75
Labor-management relations; remedy of
violations................................399.74
Miscellaneous provisions......................399.79
Exercise of rulemaking powers.......399.79-1
Judicial branch coverage study......399.79-4
Nondiscrimination rules of the House
and Senate......................399.79-3
Political affiliation and place of
residence.......................399.79-2
Savings provisions..................399.79-5
Severability........................399.79-8
Use of frequent flyer miles.........399.79-6
Occupational Safety and Health Act of 1970;
rights and protections; remedy of
violations................................399.73
Office of Compliance; establishment and
procedures................................399.77
Public services and accommodations under the
Americans with Disabilities Act of 1990...399.72
Rights and protections........................399.71
Age Discrimination in Employment Act
of 1967.........................399.71-1
Americans With Disabilities Act of
1990............................399.71-1
Civil Rights Act of 1964............399.71-1
Employee Polygraph Protection Act of
1988............................399.71-4
Fair Labor Standards Act of 1938....399.71-3
Family and Medical Leave Act of 1993
399.71-2
Prohibition of reprisals............399.71-7
Rehabilitation Act of 1973..........399.71-1
Veterans' employment and reemployment
399.71-6
Worker Adjustment and Retraining
Notification Act................399.71-5
Study regarding GAO, GPO, and Library of
Congress..................................399.76
Congressional Budget and Impoundment Control Act of
1974, as amended (cross-reference table)..............55
Congressional Budget Office....................399.36-399.39
Duties and functions..........................399.37
Congressional Directory.............................631, 632
Congressional employees. See Employees of the Senate.
Congressional Library. See Library of Congress.
Congressional Record:
Additional insertions............................655
Arrangement; style; contents.....................651
Daily and permanent forms........................653
Extracts from, for Congressmen...................657
Payment for..............................658
Franking of......................................493
Mailing envelopes........................657
Gratuitous copies; delivery......................656
Illustrations; maps; diagrams....................654
Indexes.....................................651, 652
Postage rate.....................................659
Printing of:
Memorials and petitions, summary of......7.5
Nominations............................31.7b
Remarks of Senators.......................61
Reports on:
Congressional use of
counterpart funds
472
Expenses of
interparliamentary
delegations........471.9
Rules of procedure of committees........26.2
Subscriptions, etc...............................659
Congressional Research Service. See Library of
Congress.
Congressional staff fellows, nonpay status of............310
Connecticut:
Historical data..................................970
Ratification of the Constitution............769, 970
Senators from, since the formation of the
Union (table)................................812
Consideration of reported measures, availability of
reports and hearings for............................17.5
Constituent services. See Representation by Members.
Constitution of the United States........................760
Amendments to....................................770
Ratification of..................................769
Table....................................970
Special index to...............................797.5
Consultants:
For committees. See Committee(s).
For Sergeant at Arms.............................259
For Majority or Minority Conference Committee
260.1
For Majority or Minority Leader, Secretary of
the Senate, or Legislative Counsel.........260.4
Contempt of Congress..........................349-351, 479.2
Contingent fund of the Senate:
Expenses of committees...........................274
Inquiries and investigations....................26.1
Office of Public Records Revolving Fund........270.7
Payments from........25.1n, 79.23, 79.33, 270, 270.1
Restrictions on................................270.2
Secretary of the Senate account................270.3
Senate Hair Care Services Revolving Fund.......304.5
Senate Computer Center Revolving Fund.........305.21
Senate Health Promotion Revolving Fund.........304.7
Sergeant at Arms account.................270.3-270.6
Contracts:
Architect of the Capitol..................560, 560.1
By Members of Congress...........................460
Committee consultants..........................275.9
Congressional Budget Office...................399.39
Exemptions with respect to certain contracts
462
Interest, restrictions on Members of Congress
561
Officer or employee of the United States
contracting with Member of Congress..........461
Contributions:
Charitable, of outside earned income.....35.3, 35.4,
440.1
Legal investigations, for costs of certain.....79.25
Reports by Senatorial candidates and employees
of the Senate on....................399.8-399.11
Withholding from Senate salary.................251.1
``Cordon rule'' (reports to show proposed changes in
existing law)......................................26.12
Correspondents, Standing Committee on...................85.1
Corridors in Senate wing..................................91
Counterpart funds, congressional use of..................472
Credentials, presentation of...............................2
Criminal procedure.......................................450
Curator of Art and Antiquities..........................522b
D
Daily Congressional Record...............................653
Daily sessions, commencement of............................4
Data processing equipment, software, and services.....305.20
Davis, Jefferson, desk in Senate chamber...............79.35
Death gratuities held to be gifts........................306
Debate:
Close, motion to................................22.2
Disparaging reference to another Senator
prohibited..................................19.2
Germaneness of.................................19.1b
Offensive reference to a State prohibited.......19.3
On conference reports.............................28
Procedure in......................................19
Reference to absence of a Senator prohibited
79.28
Debt Collection........................................79.32
Deceased:
Personnel:
Salary due...............................226
Transportation of remains..............433.8
Senator:
Clerical assistants of....................72
Memorial tribute to......64, 79.10, 633, 634
Salary due...............................226
Declaration of Independence..............................755
Decorations tendered by foreign governments,
acceptance of......................................434.5
Defense, Secretaries of (table)..........................953
Delaware:
Historical data..................................970
Ratification of the Constitution............769, 970
Senators from, since the formation of the
Union (table)................................814
Department of State quota of documents and reports.......625
Depository libraries:
Accredited law school libraries as.............678.2
Designation of..............................673, 676
Distribution of publications to.............671, 673
``Government publication'' defined...............669
Highest State appellate court libraries as.....678.1
Investigation of, by Superintendent of
Documents....................................675
Land-grant colleges as...........................674
Publications available to...................670, 672
Public Printer's authority to implement
program......................................678
Regional depositories............................677
Deputy President pro tempore of Senate:
Compensation...................................222.5
Employees affected by death or resignation of,
compensation of...............................72
Employees of...................................260.7
Establishment of Office of......................79.7
Table of.......................................798.3
Digest of Public General Bills.........................334.4
Diplomatic Gallery......................................85.5
Directory, Congressional............................631, 632
Dirksen Senate Office Building..........................79.8
Disabled, equal opportunities.............79.37, 399.71, 565
Disaster, warning signal of...............................96
Disbursing Officer:
Check cashing regulations, personal............250.7
Employee indebtedness..........................250.7
Financial clerk shall serve in absence of
Secretary....................................264
Discharge a committee, motion to.......................17.4a
Disclosure of:
Confidential business...........................29.5
Federal campaign funds. See Elections.
Financial interests by senatorial candidates
and by members, officers, and employees of
the Senate........................34, 439-439.11
Disorderly conduct in Capitol buildings or grounds.....19.6,
26.5d, 531
Display materials in Senate Chamber.......................98
Distribution of congressional publications. See
Printing and binding.
District of Columbia: Historical data....................972
District of Columbia, U.S. District Court of:
jurisdiction of, in Senate civil actions...........479.2
District of Columbia Code................................202
Division of a question..................................15.3
Document room; superintendent............................648
Documents. See Printing and binding.
Documents stored at Capitol, disposition of..............650
Doorkeeper of the Senate.................................261
Dormitory for pages........................284, 513.6, 518.7
Dual pay.....................................252.9, 268, 270
E
Economic Committee, Joint. See Committees, joint.
Economic Indicators, printing of.........................448
Economic Report of the President.......................446.5
Education of pages and other minor employees.........65, 282
Education, Secretary of (table)..........................967
Elections:
Certificates of........................2.2, 2.3, 206
Congressional................................205-207
Crimes and criminal procedure in respect to
462.2-462.12
Disclosure of financial interests of
Senatorial candidates......................439.1
Electoral college. See as main item.
Federal election campaigns............399.8-399.23-1
Federal Election Commission.......399.14-3--399.23-
1, 478.5, 478.10
Poll tax eliminated..............................794
Presidential election campaign fund, report....478.5
Presidential primary matching payment account,
report....................................478.10
Electoral college:
Appointment of electors, controversy as to.......404
Certificates of votes for President and Vice
President................................408-413
Credentials of electors..........................405
Failure of electors to make choice on
prescribed day...............................401
Meeting and vote of electors.....................406
Number of electors...............................402
Time of appointing electors......................400
Vacancies in.....................................403
Voting in, manner of.............................407
Electoral votes, counting of, by Congress............414-417
Electoral votes for President and Vice President
(tables).......................................901-949.1
Emergency powers to eliminate budget deficits.........399.40
Employee Polygraph Protection Act, application to
Congress..........................................399.71
Employees of Architect of the Capitol............508.1-508.6
Employees of the Senate (see also Officers of the
Senate, or title of specific officer):
Activities of, in claims against the
Government...................................454
Affidavits, loyalty..............................432
Authority of officers of the Senate over those
they supervise........................37.11, 249
Beneficiaries of.................................226
Charitable contributions...35.3, 35.4, 251.1, 440.1,
475.7
Committee employees. See Committees: Staff.
Compensation. See Compensation.
Compensation to, in matters affecting the
Government...................................452
Conflict of interest.......................37, 249.1
Congressional Staff Fellows......................310
Decorations tendered by foreign governments to
434.5
Detailed or assigned from other agencies.......27.4,
259, 481.6
Disclosure of financial interests.....34, 439-439.11
Employees of a Senator:
Committee membership assistance..........277
Compensation of...........72-73, 250, 252.10
Individuals appointed to recommend
nominees for judgeships and
service academies..................246.5
Employees of a Senator-elect:
Appointment of...........................234
Compensation of..........................234
Equal opportunities...........42, 79.14, 399.71, 565
Fair employment practices rights.....399.60, 399.71,
565
Floor privilege............................23, 79.37
Foreign travel................35.2, 39, 79.22, 433.4
Gifts......................................35, 220.1
Indebtedness, disbursements withheld for.......250.7
Legal Counsel, defense by, of.........396.8-1, 396.9
Legal investigations, contributions for costs
of certain.................................79.25
Loyalty, security, etc................76, 434, 464.1
Mileage and related allowances.................433.5
Minors other than pages..........................282
Oath of..........................................430
Officers. See Officers of the Senate, or title
of specific officer.
Official Reporters.............................307.1
Outside business or professional activity or
employment of............................36, 440
Pages. See Pages, Senate.
Per diem and subsistence expenses.........272, 433.4
Political fund activity by........................41
Post-employment lobbying........................37.9
Relatives, restrictions on employment of.......431.1
Retirement benefits. See 5 U.S.C.
Sec. Sec. 8331-8348 (not included in
Senate Manual).
Rights and protections. See Government
Employee Rights. See also Congressional
Accountability.
Secretary of the Senate, abolish certain
statutory positions in office of.............255
Senior citizen interns.........................79.21
Sergeant at Arms, abolish certain statutory
positions in office of.....................258.5
Service pins or emblems.........................79.2
Standards of conduct for.......34-43, 79.6, 439, 440
Striking against or advocating overthrow of
Government......................432, 434, 464.1.
Subletting of duties prohibited..................285
Summoned in connection with judicial
proceedings, pay status of...................311
Employment, equal opportunities...42, 79.14, 399.60, 399.71,
565
Employment of relatives................................431.1
Enemy attack, warning signal of...........................96
Energy and Natural Resources, Committee on. See
Committees, standing.
Energy management for Congressional buildings (note)
506
Energy, Secretary of (table).............................966
Enrollment of bills and joint resolutions...............14.5
Signing of same..................................1.3
Envelopes................................................295
For mailing Congressional Record.................657
Environment and Public Works, Committee on. See
Committees, standing.
Espionage and censorship: Classified information,
disclosure of.....................................462.19
Ethics (Standing Rules 34-43)..........................34-43
Ethics, Select Committee on. See Committees, select.
Eulogies, printing of...............................633, 634
Everett McKinley Dirksen Senate Office Building.........79.8
Executive:
Business, motion to proceed to..................22.1
Proceedings to be kept in separate book.........4.1d
Sessions of Senate................................29
Executive agencies:
Expenditure analyses of........................481.1
Information relative to, to be obtainable by
Committee on Governmental Affairs............431
Executive Journal, printing of............................75
Executive papers, obsolete, disposal of..................680
Expenditure authorizations for committees...............26.9
Expenditures, reports on:
Architect of the Capitol.......................501.3
Secretary of the Senate..........................298
Expense allowance. See Compensation.
Expenses, official, of Senators...................246-246.10
Reimbursement:
Documentation required.........................79.23
Restriction on certain.........................79.27
Expenses, official, of Senators-elect....................234
Explosives on Capitol Grounds............................531
F
Fair Labor Standards Act, application to Congress.....399.71
Family and Medical Leave Act, application to Congress
399.71
Federal advisory committees..............................438
Federal Election Commission. See Elections.
Federal employees' group life insurance. See 5 U.S.C.
Sec. Sec. 8701-8716 (not included in Senate
Manual).
Federal employees' health benefits program. See 5
U.S.C. Sec. Sec. 8901-8913 (not included in Senate
Manual).
Federal income tax. See Income tax: Federal.
Federal information policy...........................681-684
Federal Law Enforcement Training Center: Capitol
Police:
compensation...................................263.3
Federal mandates. See Budget process, Congressional.
Federal Reserve System, Senators prohibited from being
members of the Board of Governors of.................445
Filing of committee reports...........................26.10b
Finance, Committee on. See Committees, standing.
Financial Clerk: As a disbursing officer.................264
Financial disclosure:
Access to reports..............................439.5
Prohibited uses........................439.5
Administration of provisions..................439.11
Comptroller General, authority of..............439.8
Confidential reports...........................439.7
Contents of reports................34.3, 34.4, 439.2
Definitions....................................439.9
Failure to file or filing false reports........439.4
Late fees and civil penalties..........439.4
Filing of reports..............................439.3
Extension..............................439.1
Filing date............................439.1
Where to file..........................439.3
Persons required to file.................34.1, 439.1
Review of reports..............................439.6
Notice of actions taken to comply.....439.10
Opinion of non-compliance..............439.6
Spouses and dependent children...........34.3, 439.2
Trusts...................................34.4, 439.2
Firearms on Capitol Grounds..............................531
Fiscal, budget, and program information...........487.1, 488
Flag, official Senate..................................79.29
Floor:
Obtaining (recognition)........................19.1a
Privilege of...............................23, 79.37
Florida:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................816
Flowers in Senate Chamber.................................64
Folding, purchase of materials for.......................297
Foreign governments, decorations tendered by...........434.5
Foreign officials, reception of........................79.24
Foreign Relations, Committee on. See Committees,
standing.
Foreign travel......................................35.2, 39
Formation of:
District of Columbia (table).....................972
Insular possessions (table)......................973
States other than the Thirteen Original States
(table)......................................971
Franking privilege (see also Postage allowance for
Senators):
Congressional Record.............................493
Limitation on weight of acceptable matter
(table)......................................497
Mailgrams......................................496.2
Mass mailings.......................40.1-40.5, 248.6
Reports.........................40.3a, 248.7
Members of Congress..............................491
Missing children...............................496.3
Of a Senator whose term has expired (table)......497
Of surviving spouses of Members of Congress....496.1
Postal Service regulations on....................497
Public documents.................................492
Regulations:
Ethics Committee......................399.35
Rules Committee........................248.6
Reimbursement to Postal Service for postage
under franking privilege.....................496
Secretary of the Senate..........................491
Seeds and reports from Department of
Agriculture..................................494
Sergeant at Arms.................................491
Unlawful use of.............................463, 495
Vice President...................................491
Franks, printing of......................................642
Frequent flyer miles, use of........................399.79-6
Fuel, payment for........................................271
Fund-raising for candidates for Senate...41.1, 399.8-399.11,
399.17
Funds, committee. See Committees: Expenditure
authorizations.
Furniture:
Disposal of used or surplus......................300
Receipts from sale of....................300
Purchase of......................................511
G
Galleries:
Diplomatic Gallery..............................85.5
Hats prohibited...................................85
News media, regulation of.......................33.2
Occupants of, no Senator shall call attention
to any......................................19.7
Order in, enforcement of........................19.6
Periodical Press Gallery........................85.3
Presidential Gallery............................85.5
Press Gallery...................................85.1
Press Photographers' Gallery....................85.4
Radio-Television Correspondents' Gallery........85.2
Regulation of...............................33.2, 85
Senate Gallery..................................85.6
Special Gallery.................................85.8
Visitors' Galleries.............................85.7
Garage, Senate................................97, 513.4, 519
Related facilities.............................513.4
General Accounting Office:
Agency reports.................................481.5
Analyses of executive agencies' expenditures
481.1
Assistance to Congress by......................481.2
Audit, availability of draft reports...........481.3
Audit of accounts of private organizations
conducting activities in Capitol Building
or on Capitol Grounds......................538.1
Budgetary and fiscal data processing system....487.1
Budget standard classifications................487.1
Comptroller General:
Powers and duties of, in budgetary and
fiscal matters......399.39-27, 28; 481.4
Reports to Congress:
Financial disclosure
439.8
Fiscal controls........481.4
Definitions......................................481
Employees, assignment and detail to Congress
481.6
Programs and activities of U.S. Government,
evaluation of...................399.39-19, 481.2
Public money, investigating use of.............481.1
Referral of ethics violations for
investigation................................278
Reimbursement for its employees detailed to
Senate committees..........................481.6
Study of restrictions in general appropriation
acts.......................................481.1
Technology assessment, functions in respect to
399.31
Utilization by Congress of reports and
employees of...............................481.4
Georgia:
Historical data..................................970
Ratification of the Constitution............769, 970
Senators from, since the formation of the
Union (table)................................818
Germaneness:
Conference reports..............................28.3
Of debate......................................19.1b
During cloture proceedings..............22.2
Gift Shop, Senate......................................304.8
Gifts to Senators, officers, and employees.........35, 220.1
Reporting on...............................35, 439.2
Acceptance of pro bono legal services..........79.36
Gifts to the Senate....................................79.34
Government Employee Rights. See also Congressional
Accountability.............................399.60-399.63
Coverage of previously exempt State employees
399.63
Discriminatory practices prohibited...........399.61
Purpose and definitions.......................399.60
Government Printing Office. See appropriate item under
Printing and binding.
Governmental Affairs, Committee on. See Committees,
standing.
Graft....................................................450
Group life insurance, Federal employees'. See 5 U.S.C.
Sec. Sec. 8701-8716 (not included in Senate
Manual).
Guam (historical data)...................................973
H
Hart Senate Office Building.............................79.9
Hats prohibited in Galleries..............................85
Hawaii:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................820
Heads of departments, communications from................7.1
Health and Human Services, Secretaries of (table)........963
Health benefits program, Federal employees'. See 5
U.S.C. Sec. Sec. 8901-8913 (not included in Senate
Manual).
Health, Education, Labor, and Pensions, Committee on.
See Committees, standing.
Health facilities:
Health Promotion, Office of....................304.7
Fees for services..............................304.9
Hearings, committee. See Committee(s): Hearings.
Heating and ventilating department of Senate wing,
admission to..........................................88
Heating of Senate wing...................................510
Honoraria.........................................220, 440.1
Charitable contribution in lieu of..............35.4
House of Representatives:
Bills from.......................................7.3
Concurrence of, required for printing
additional copies costing in excess of sum
established by law..........................11.5
Messages from...............................7.1, 9.1
Messages to......................................9.2
Motion to request return of item from...........13.2
Housing and Urban Development, Secretaries of (table)
964
I
Idaho:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................822
Illinois:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................824
Illustrations in congressional publications....610, 611, 654
In memorial addresses............................634
Immunity of witnesses............................465.1-465.3
Impeachment:
Proceedings to be kept in separate book.........4.1d
Trials, rules for................................100
Impoundment control......................399.39-24--399.39-
29
Income tax:
Federal:
Applications for tax exemption,
inspection of, by congressional
committees.........................475.5
Capital gains and losses..............474.15
Confidentiality of, inspection and
disclosure by congressional
committees...........................475
Joint Committee on Taxation..........475-478
Political organizations................474.5
Transfer of property
to...................473
Senators:
Residence of, for
purposes of..........474
State:
Residence of Senators....................425
Withholding of, by Secretary of Senate
251
Independent Counsel:
Congressional oversight..........................479
Removal of.....................................479.1
Statements or reports............................479
Termination of Office of.......................479.1
Index of documents.......................................665
Indian Affairs, Committee on. See Committees, other.
Indiana:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................826
Information and Regulatory Affairs, Office of........682-684
Injunction of secrecy on international agreements....29, 30,
201.5
Inquiries and investigations (see also Committee(s):
Expenditure authorizations; Hearings):
Authority for..........26.1, 79, 79.13, 79.16, 79.17
Hearings...........................26.4, 26.5, 26.10
Investigations:
Expenses of, payment of...........26.1, 26.9
Resolutions for....................26.9, 353
Jurisdiction of committees........................25
Witnesses. See under Committee(s): Hearings.
Insular possessions of the United States (table).........973
Insurance of office funds of Secretary of the Senate
and Sergeant at Arms.................................266
Intelligence, Select Committee on. See Committees,
select.
Interior, Secretaries of (table).........................958
Intern, senior citizen.................................79.21
International agreements, transmission of, to Congress
201.5
Interparliamentary groups:
Appointments...471.6, 471.7, 471.10, 471.11, 471.12,
471.13, 472.5
Appropriations.......471.5, 471.11a, 471.12, 471.13,
472.6
Expenses of.............471.8, 471.9, 471.12, 471.13
Investigations. See Inquiries and investigations.
Iowa:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................828
J
Joint committees. See Committees, joint.
Joint Leadership Group:
Membership...................................396.7-2
Office of Senate Legal Counsel:
Accountability of, to................396.7-1
Conflict and inconsistency, function
with respect to cases of........396.15-2
Representational activity, authorizing
certain..........................396.8-1
Secretary of the Senate, assistance of, to...396.7-3
Joint resolutions. See Bills and resolutions.
Journal of the Senate. See Senate Journal.
Judiciary, Committee on the. See Committees, standing.
Jurisdiction of committees...25, 70, 79, 79.1, 79.13, 79.16,
79.17
Jury duty, Senators exempt..............................215a
Justices of the Supreme Court (table)....................950
K
Kansas:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................830
Kentucky:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................832
Kidnapping, congressional, cabinet, Supreme Court........458
Kiess Act (Government Printing Office employees' wage
scales)..............................................607
L
Labor, Secretaries of (table)............................962
Law Library.........................................315, 322
Laws, public and private, printing of....................621
Lay on table, motion to.................................22.1
Leadership. See Majority Leader and Minority Leader.
``Leaks'' of confidential business prohibited...........29.5
Legal Counsel:
Advisory functions..........................396.13-1
Appointment of; qualifications.................396.1
Reappointment..........................396.1
Assistant counsels:
Appointment of; qualifications.........396.2
Compensation of........................396.2
Attorney-client relationship...................396.6
Compensation of................................396.1
Consultants....................................396.3
Contingent fund...............................396.19
Reimbursements, Senate resolution to
authorize certain...............396.15-4
Deputy Counsel:
Appointment of; qualifications.........396.1
Reappointment..........396.1
Compensation of........................396.1
To serve in absence of.................396.1
Duties, delegation of..........................396.5
Establishment of Office........................396.1
Joint Leadership Group:
Accountability.......................396.7-1
Defense of Senate, committee,
subcommittee, member, officer, or
employee of Senate, authorizing
396.8-1
Membership...........................396.7-2
Notification and solution in cases of
conflict and inconsistency......396.15-2
Secretary of the Senate, assistance
from.............................396.7-3
Legal research files........................396.13-2
Miscellaneous duties........................396.13-3
Personnel......................................396.2
Representational activity:
Attorney General's responsibility,
relief from.......................396.17
Conflict or inconsistency in..........396.15
Joint Leadership Group
396.15-1
Notification and
recommended
solution to be
printed in the
Congressional
Record
.......... 396.15-2
Computation of
the 15-
day review
period
396.15-3
Senate action
396.15-2
Resolution by, of
... 396.15-2
Notification........396.15-1
Reimbursement.......396.15-4
Constitutional powers, defense of
certain...........................396.14
Defense of Senate, committee,
subcommittee, member, officer, or
employee of Senate.................396.9
Requirements for
authorizing......396.8-1
Enforcement of Senate subpena or order
396.10
Civil actions,
institution of
396.10-1
Committee or
subcommittee, in
name of
......... 396.10-2
Requirements for
authorizing by
resolution.......396.8-2
Committee reports
... 396.10-5
Consideration of
.... 396.10-3
Rules of the Senate
396.10-4
Immunity proceedings..................396.12
Requirements for
authorizing......396.8-4
Intervention or appearance............396.11
Actions or proceedings
396.11-1
Court, compliance with
admission
requirements....396.18-2
Notification........396.11-2
Publication
......... 396.11-2
Powers and
responsibilities
of Congress.....396.11-3
Procedural provisions
396.18
Requirements for
authorizing......396.8-3
Requirements for authorizing...........396.8
Joint Leadership Group
directive........396.8-1
Senate resolution
396.8-1--396.8-4
Consideration,
procedures and
rules
............. 396.16
Recommendations with
respect to
....... 396.8-5
Standing to sue.............................396.18-3
Travel.........................................395.2
Legal investigations, contributions for costs of
certain............................................79.25
Legislative call system (buzzers, signal lights)..........96
Legislative Counsel:
Appointment of; qualifications...................391
Appropriations for, disbursement of..............395
Assistant legislative counsel....................393
Compensation of..........................393
Clerks and employees.............................393
Compensation of..................................392
Consultants for................................260.4
Creation of office...............................390
Duties of office.................................394
Office equipment and supplies....................393
Office expenses................................395.1
Rules and regulations............................394
Travel.........................................395.2
Legislative proceedings to be kept in separate book.....4.1d
Legislative review by standing committees...............26.8
Librarian of Congress. See Library of Congress.
Libraries, depository. See Depository libraries.
Library, Joint Committee on. See Committees, joint.
Library of Congress...............................315-334.10
Binding of printed hearings for..................325
Capitol Police detail..........................546.1
Committee hearings for use of....................325
Congressional Research Service...................334
Appropriation authorization for.......334.10
Budget estimates for...................334.7
Compensation of personnel of....334.3, 334.8
Deputy Director of.....................334.3
Digests of bills and resolutions.......334.4
Director of............................334.3
Duties of..............................334.4
Policy of Congress in respect to.......334.2
Report of..............................334.9
Specialists and Senior Specialists.....334.5
Technology assessment, functions in
respect to................399.29, 399.30
Distribution of Government publications to......324,
326, 667
Joint Committee on the Library, See
Committees, joint.
Law Library.................................315, 322
Librarian of Congress............................320
Compensation of........................320.1
Deputy Librarian, compensation of......320.1
Report of................................323
Printing of............661.1
Rules and regulations for................320
Trust fund, management of........................329
Trust Fund Board.................................327
Line item veto.....................................399.39-34
Lobbying:
Definitions.................................399.90-2
Disclosure and enforcement..................399.90-5
Estimates based on tax reporting system....399.90-10
Exempt organizations.......................399.90-11
Findings....................................399.90-1
Former Senators and employees................37.8-11
Identification of clients and covered
officials...............................399.90-9
Penalties...................................399.90-6
Registration of lobbyists...................399.90-3
Reports by registered lobbyists.............399.90-4
Rules of construction.......................399.90-7
Severability................................399.90-8
Taxability of lobbying expenses............399.90-12
Use of appropriated moneys for...................464
Longevity compensation.................251.1-1, 251.2, 251.5
Louisiana:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................834
Loyalty of employees to Government............76, 434, 464.1
M
Mailgram allowance.....................................496.2
Mailing. See Franking privilege; Senators: allowances:
Postage.
Maine:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................836
Majority, Conference of. See Conference of the
Majority.
Majority, Secretary for. See Secretary for the
Majority.
Majority Leader:
Capitol Preservation Commission, membership.....522a
Senate Commission on Art, membership
522b
Committee system, review of....................79.20
Compensation of..................................220
Consultants for................................260.4
Employees affected by death or resignation of,
compensation of...............................74
Employees of............................260.2-260.4a
Expense allowance..............................220.5
Joint Leadership Group, membership...........396.7-2
Representation allowance.......................220.6
Transfers among accounts......................220.7a
Majority Whip:
Employees affected by death or resignation of,
compensation of...............................74
Employees of...................................260.5
Expense allowance..............................220.5
Maps, printing of........................................610
Marble room...............................................86
Maryland:
Historical data..................................970
Ratification of the Constitution............769, 970
Senators from, since the formation of the
Union (table)................................838
Mass mailing. See Franking privilege.
Massachusetts:
Historical data..................................970
Ratification of the Constitution............769, 970
Senators from, since the formation of the
Union (table)................................840
Materials, purchase of..............................271, 297
Mechanical equipment, use of, in Senate Chamber.........83.2
Meeting place of Congress, changing......................214
Meetings, committee................................26.1-26.7
Membership of committees...........................25.2-25.4
Members of the Senate. See Senators.
Memorial addresses, printing of..............79.10, 633, 634
Memorials. See Petitions and memorials.
Messages from:
House of Representatives....................7.1, 9.1
President of the United States..............7.1, 9.1
Messages to:
House of Representatives.........................9.2
President of the United States...................9.2
Messengers acting as assistant doorkeepers................84
Mexico-United States Interparliamentary Group.........471.11
Michigan:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................842
Mileage. See Travel expenses.
Military Academy:
Board of Visitors to.............................442
Cadets, appointment of.........................441.5
Minnesota:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................844
Minority:
Staffs of committees.......................27.1-27.3
Witnesses before committees selected by........26.4d
Minority, Conference of. See Conference of the
Minority.
Minority, Secretary for. See Secretary for the
Minority.
Minority Leader:
Capitol Preservation Commission, membership.....522a
Senate Commission on Art, membership
522b
Committee system, review of....................79.20
Compensation of..................................220
Consultants for................................260.4
Employees affected by death or resignation of,
compensation of...............................74
Employees of............................260.2-260.4a
Expense allowance..............................220.5
Joint Leadership Group, membership...........396.7-2
Representation allowance.......................220.6
Transfers among accounts......................220.7a
Minority views in committee reports...................26.10c
Minority Whip:
Employees affected by death or resignation of,
compensation of...............................74
Employees of...................................260.5
Expense allowance..............................220.5
Minors, other than pages, employed by Senate.............282
Missing children, photos on official mail..............496.3
Mississippi:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................846
Missouri:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................848
Mobile offices for Senators............................247.6
Montana:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................850
Morning business...........................................7
Morning hour:
Conclusion of..........................7.2, 8, 19.1b
Motions:
Precedence of.............................15.3, 22.1
To be in writing................................15.1
Withdrawal or modification of, by mover.........15.2
Motions to:
Adjourn.................................6.4, 9, 22.1
Amend...........................................22.1
Amend or correct journal........................4.1a
Amend the part to be stricken...................15.3
Change order of special orders..................10.2
Close debate....................................22.2
Commit a bill or resolution...............14.7, 22.1
Compel the presence of absent Senators...........6.4
Continue the consideration of a subject..........7.2
Discharge a committee..........................17.4a
Extend post-cloture debate......................22.2
Lay before Senate bills or other matters from
the President or the House...................7.3
Lay on table....................................22.1
Postpone........................................22.1
Print (documents, reports, etc.)..........11.4, 11.5
Proceed to executive business...................22.1
Proceed to the consideration of:
Any change in Standing Rules.............8.2
Executive business......................22.1
Other business..........................10.2
Subject........................7.2, 8.1, 8.2
Recess..........................................22.1
Reconsider........................................13
Reconsider a nomination....................31.3-31.5
Request return of item from House...............13.2
Strike out......................................15.3
Strike out and insert...........................15.3
N
National Archives and Records Administration....60, 679, 680
National Capital Memorials and Commemorative Works.......559
Congressional authorization....................559.3
National Capital Memorial Commission,
membership.................................559.4
Site and design approval.......................559.7
National Science Foundation: Liaison with Office of
Technology Assessment.............................399.32
National Statuary Hall...................................521
National Visitor Center..................................554
Naval Academy:
Board of Visitors to.............................443
Midshipmen, appointment of..............442.5, 442.6
Navy, Secretaries of (table).............................957
Nebraska:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................852
Nepotism...............................................431.1
Nevada:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................854
New Hampshire:
Historical data..................................970
Ratification of the Constitution............769, 970
Senators from, since formation of the Union
(table)......................................856
New Jersey:
Historical data..................................970
Ratification of the Constitution............769, 970
Senators from, since formation of the Union
(table)......................................858
New Mexico:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................860
News media galleries, regulation of.....................33.2
New York:
Historical data..................................970
Ratification of the Constitution............769, 970
Senators from, since formation of the Union
(table)......................................862
Nominations:
Injunction of secrecy on........................31.2
Proceedings on....................................31
Recess appointees................................433
North Atlantic Treaty Organization: parliamentary
groups......................................472.5, 472.6
North Carolina:
Historical data..................................970
Ratification of the Constitution............769, 970
Senators from, since the formation of the
Union (table)................................864
North Dakota:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................866
Nurses, registered, in Capitol and Congressional
office buildings.....................................509
O
Oaths:
Designation of employees of Senate Disbursing
Office to administer.......................263.1
Employees of the Senate..........................430
President of the Senate..........................211
Presiding officer may administer.................212
Secretary or Assistant Secretary of the Senate
may administer, to officers of the Senate
and witnesses................................213
Senators......................................3, 210
Witnesses........................................348
Objection to reading a paper............................11.3
Occupational Safety and Health Act, application to
Congress..........................................399.73
Office equipment or furnishing for Senators..............248
Disposal of used or surplus......................300
Receipts from sales of...................300
Office expenses:
Contributions used for..........................38.2
Of Senators in home States.....................246.1
Office of Compliance..................................399.77
Office of Management and Budget, Director of:
Budgetary and fiscal data processing system....487.1
Budgetary and fiscal data to be made available
to Congress..................................488
Budget standard classifications...........487.1, 488
Office of Senate Counsel. See Legal Counsel.
Office of Senate Health Promotion......................304.7
Office of Senate Security..............................79.31
Office of Special Services. See Special Services
Office.
Offices, mobile, for Senators..........................247.6
Officers of the Senate: (see also title of specific
officer):
Actions against, for official acts........301, 301.5
Activities of, in claims against the
Government...................................454
Authority over employees of the Senate....37.11, 249
Compensation, dates of payment of................250
Compensation to, in matters affecting the
Government...................................452
Conflict of interest.......................37, 249.1
Contracts. See as main entry.
Deceased, salary due.............................226
Decorations tendered by foreign governments to
434.5
Disclosure of financial interests............34, 439
Families of, police protection.................546.2
Foreign travel by...................39, 79.22, 220.1
Gifts......................................35, 220.1
Legal Counsel, defense by, of.........396.8-1, 396.9
Legal investigations, contributions for costs
of certain.................................79.25
Outside business or professional activity or
employment...............................36, 440
Political-fund activity by........................41
Protection of, by Capitol Police...............546.2
Service pins or emblems.........................79.2
Standards of conduct for.......34-43, 79.6, 439, 440
Office expenses:
Legislative Counsel............................395.1
Senatorial.......................................246
Sergeant at Arms...............................267.2
Office space for Senators in home States.................247
Official expenses of Senators.....................246-246.11
Reimbursement:
Documentation required.................79.23
Restriction on certain.........................79.27
Official Reporters.....................................307.1
Ohio:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................868
Oklahoma:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................870
Old Senate Chamber....................................522b-2
Open sessions of committees............................26.5b
Order:
In committee meetings........................26.5(d)
In the Chamber or galleries.....................19.6
Of business........................................8
Special orders.......................8.1, 10
Questions of......................................20
Ordinance of 1787........................................757
Oregon:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................872
Outside business or professional activity or
employment by officers or employees of the Senate
36, 37, 440
Amount allowed.................................440.1
Charitable contributions...................35, 440.1
Compliance.....................................440.4
Civil Penalties........................440.4
Definitions....................................440.5
Honoraria prohibited...........................440.1
Types of affiliation prohibited................440.2
P
Pages, Senate:
Appointment of...................................283
Classification..................................65.1
Compensation of..................................283
Dormitory and classroom facilities for...284, 513.6,
518.7
Education of....................................65.2
Residence, Superintendent of Pages.............518.7
Withholding from salary for expenses............65.3
Paper, purchase of.......................................295
Papers:
Objection to reading (a)........................11.3
Printing of...............................11.4, 11.5
Withdrawal of...................................11.1
Parking facilities for the Senate................97, 513.3-4
Parliamentarian Emeritus of the Senate.................79.11
Pay. See Compensation.
Peddling forbidden in Senate wing of Capitol..............92
Pennsylvania:
Historical data..................................970
Ratification of the Constitution............769, 970
Senators from, since formation of the Union
(table)......................................874
Pension bills....................................14.9, 14.10
Per diem expenses, reimbursement for..............272, 433.4
Periodical Correspondents' Association..................85.3
Periodical Press Gallery................................85.3
Personnel, Senate. See Employees of the Senate.
Petitions and memorials:
Presentation of....................................7
Reference of.....................................7.4
Summary of, to be printed in Congressional
Record.......................................7.5
Philip A. Hart Senate Office Building...................79.9
Photographic Studio, Senate. See Senate Recording
Studio and Photographic Studio.
Photographs, taking of, prohibited in Senate Chamber
83.1
Points of order:
Conference report.........................28.2, 28.3
During cloture proceedings......................22.2
In the budget process.....399.39-5--10, 399.39-15--
16, 399.39-21c, 399.39-23e, 399.49
Measure reported from a committee...............26.7
On appropriation bill amendments..................16
Restriction on the expenditure of funds
appropriated................................16.6
Police, Capitol. See Capitol Police.
Political campaigns, contributions, expenditures, etc.
See Elections.
Political fund activity by officers and employees of
Senate................................................41
Political organizations, taxation of...................474.5
Transfer of property to..........................473
Poll tax eliminated as requisite for voting..............794
Population of (tables):
District of Columbia.............................972
Insular possessions of the United States.........973
States other than the Thirteen Original States
971
Thirteen Original States.........................970
Post-employment lobbying..........................37.8, 37.9
Postage allowance:
For Chaplain of the Senate.....................256.5
For President of Senate..........................231
Mailing and delivery services..................246.1
Senatorial................................246.1, 496
Postal conventions, printing of..........................621
Postal Service, reimbursement to, for postage under
franking privilege...................................496
Postmasters General (table)..............................956
Postpone, motion to.....................................22.1
Powers, committee.................................25.1, 26.1
Prayer, daily, by Chaplain...............................4.2
Preambles to bills and resolutions......................14.8
Precedence of motions.............................15.3, 22.1
Presentation of credentials................................2
Presidential Gallery....................................85.5
Presidential succession..................................418
President of the Senate (see also President(s) pro
tempore; Presiding Officer; Vice President):
Certification of mileage and salary accounts
of Senators..................................244
Oath of..........................................211
Postage allowance................................231
Stationery allowance........................236, 237
President(s) of the United States:
Archival depository..............................679
Bills or other matters from......................7.3
Budget, national..............483.1, 484, 484.1, 485
Changing the meeting place of Congress...........214
Commencement of term of office...................420
Economic Report of.............................446.5
Election of..................................400-419
Electoral votes for (table)................901-949.1
Former Presidents entitled to address the
Senate......................................19.8
Meeting with Senate on executive business.......29.1
Messages to Congress.............................7.1
Confidential communications.............29.3
Printing of..............................662
Rescission/deferral of budget
authority...................399.39-24--
26
Presidential Election Campaign funds...478.5, 478.10
President's seal, use of......................462.17
Resignation, or refusal of office................419
To be furnished with transcript of executive
records of Senate.............................32
Vacancy in office of.............................418
President(s) pro tempore (see also President of the
Senate; Presiding Officer; Vice President).............1
Capitol Building, assignment of space in.........516
Capitol Preservation Commission, membership.....522a
Commission on Art (Senate), membership..........522b
Compensation of.............................220, 222
Election of......................................1.1
Employees affected by death or resignation of,
compensation of...............................72
Employees of...................................260.6
Expense allowance..............................222.6
John W. McCormack Residential Page School,
direction of...............................518.7
Joint Leadership Group, membership...........396.7-2
Legal Counsel, appointment of..................396.1
Legislative Counsel, appointment of..............391
Permanent acting (table).......................798.5
Seal of.........................................66.1
Table of, since the First Congress...............798
Presiding Officer (see also President of the Senate;
President(s) pro tempore; Vice President):
Administration of oaths by.......................212
Calling a Senator to order......................19.4
Chair:
Appointment of Senator to perform
duties of..............................1
Order in Chamber or galleries,
enforcement of......................19.6
Performance of duties of, by:
Assistant Secretary of
the Senate...........1.2
Secretary of the
Senate...............1.2
Ruling of, appeal from..................19.4
Directing a Senator to take his seat............19.4
May at any time lay before the Senate bills or
other matters from the President or the
House........................................7.1
Questions of order may be decided by, or
submitted by him for decision by Senate.......20
Recognition of a Senator who desires to speak
19.1a
Rules for regulation of Senate wing,
enforcement of..............................33.2
To decide questions of committee jurisdiction
17.1
To keep time during cloture debate..............22.2
Vice President (see also as main entry):
Absence of..........................1.1, 1.2
Press Gallery...........................................85.1
Press Photographers' Gallery............................85.4
Printing, Joint Committee on. See Committees, joint.
Printing and binding (see also Committees, joint:
Printing):
Acts.............................................622
Agriculture, report of the Secretary.............661
Appropriation to which printing shall be
charged......................................627
Bills and resolutions.................11.6, 618, 619
Binding:
Bills and resolutions....................620
Committee reports........................637
For Members of Congress.............644, 645
For Senate Library.......................646
Publications for distribution to
libraries............................647
Blank books.................................295, 643
Classification and numbering of congressional
publications.................................629
Printing not bearing congressional
number...............................666
Committee prints.................................636
Committee reports.............................26.10c
Indexing and binding.....................637
Conference reports..............................28.4
Congressional Directory.....................631, 632
Congressional Record. See as main entry.
Department of State quota of documents and
reports......................................625
Depository libraries. See as main entry.
Disposition of documents stored at Capitol.......650
Distribution of documents and reports............613
To Members of Congress...................639
To retiring Members......................640
District of Columbia Code........................202
Documents and reports ordered by Members of
Congress.....................................642
Documents not provided for by law................626
Documents to be deposited in Library of
Congress.....................................324
Document room, superintendent....................648
Duplicate orders to print........................617
Economic Indicators, printing of.................448
Editions, two or more............................624
Envelopes for Members of Congress................642
Eulogies.............................79.10, 633, 634
Executive Journal.................................75
Extra copies of documents and reports.......614, 615
For private parties......................664
Extracts from Congressional Record and other
documents...............................657, 658
Field printing plants............................608
Franks...........................................642
Government Printing Office employees' wage
scales (Kiess Act)...........................607
Government printing to be done at Government
Printing Office..............................608
Hearings, committee...........................26.10a
Binding for Library of Congress..........325
Printing of......................26.10a, 629
Illustrations................610, 611, 634, 654, 660
Index of documents...............................665
International exchange of Government
publications.................................668
Joint Committee on Printing. See Committees,
joint.
Lapse of authority to print......................628
Laws.............................................621
Library of Congress, distribution of
publications to..............................667
Maps........................................610, 654
Memorial addresses........................79.10, 633
Illustrations accompanying...............634
Motions to print..........................11.4, 11.5
Neglect or delay in public printing, remedying
602
Orders for printing to be acted on within 1
year.........................................611
Paper, estimates of..............................612
Paper, envelopes, and blank books for
stationery room..............................295
Papers, etc.......................................29
Postal conventions...............................621
President's messages to Congress.................662
Public and private laws..........................621
Public Printer:
Appointment of...........................603
Compensation of..........................605
Depository-library laws,
implementation of....................678
Deputy Public Printer:
Appointment, duties of
604
Compensation of..........605
Vacancy in office of.....................606
Reports of:
Librarian of Congress..................661.1
Secretary of Agriculture.................661
Reports on private bills.........................613
Reprinting:
Bills, laws, and reports not exceeding
50 pages.............................616
Documents and reports for Members........642
Resolutions.................................618, 619
Senate document room; superintendent.............648
Senate Journal...................................623
Senate Manual....................................630
Senate Service Department; superintendent........649
Statement of appropriations......................635
Stationery and blank books.......................643
Statutes at Large...........................201, 638
Superintendent of Documents:
Depository libraries: See as main
entry.
Index of documents.......................665
Printing for sale to public..............663
Vacancy in office of.....................606
Treaties....................................621, 622
United States Code...............................203
``Usual number'' of documents and reports........613
Private bills....................................14.9, 14.10
Banned.........................................14.10
Private claims...................................14.10, 16.5
Privilege of the floor....................................23
Pro bono legal services, acceptance of.................79.36
Procedure, committee......................................26
Professional staffs of committees. See Committee(s):
Staff.
Proxies, use of, in committee...........................26.7
Publications, Government. See Printing and binding.
Public office, appointive:
Acceptance or solicitation to obtain.............456
Nomination proceedings............................31
Offer to procure.................................455
Recess appointments..............................433
Public officials, unlawful attempt to influence action
of...................................................450
Public Printer. See Printing and binding.
Puerto Rico, commonwealth of (historical data)...........973
Purchase of:
American goods in preference to foreign..........294
Paper, envelopes, and blank books for sale by
stationery room..............................295
Stationery.......................................297
Supplies for the Senate..........................296
Q
Question:
Division of a...................................15.3
Of absence of a quorum...........................6.3
Of order..........................................20
Quorum:
Absence of, question of..........................6.3
For cloture vote................................22.2
For unanimous consent to take a final vote on
a specified date............................12.4
Of a committee.................................26.7a
Of the Senate....................................6.1
Sergeant at Arms to obtain attendance of
absent Senators..............................6.4
R
Radio and television broadcasting:
Committee hearings and meetings................26.5c
Senate Chamber proceedings.....................79.28
Radio-Television Correspondents' Gallery................85.2
Ranking majority member of committee to serve in
absence of chairman.................................26.3
Ratification of:
Constitution of the United States................769
Table....................................970
Treaties..........................................30
Reading of:
Bills and joint resolutions.....................14.2
Journal.....................................4.1, 9.1
Paper (a), objection to.........................11.3
Washington's Farewell Address.....................68
Receipts and expenditures, reports on....................298
Receipts from certain sales by Sergeant at Arms...296.1, 300
Recess, motion to.......................................22.1
Recess appointments......................................433
Reconciliation. See Budget process, Congressional.
Reconsideration...........................................13
Of nominations.............................31.3-31.5
Record, Congressional. See Congressional Record.
Recording Studio and Photographic Studio, Senate.........305
Redesignation of..............................305.17
Restrictions on use.............................40.6
Record of committee:
Action.........................................26.5e
Votes..........................................26.7b
Records, committee.......................11.2, 26.5e, 26.10a
Records of Congress:
Preservation of.....................11.2, 679.1, 680
Public access to...........................60, 679.1
Reference:
To committees.............................14.3, 17.1
Reimbursement (see also Compensation):
Documentation required.........................79.23
Government agencies for services of employees
detailed to committees.....................481.6
Items cleared for Senate.......................250.7
Mileage. See Transportation expenses.
Per diem expenses.........................272, 433.4
Postal Service for postage under franking
privilege....................................496
Preauthorization and disclosure.................35.2
Subsistence expenses.............................272
Witnesses.............................69, 352, 352.5
Relatives, employment of...............................431.1
Remarks of Senators, printing of, in Congressional
Record................................................61
Rental allowance for Senators in home States...........246.1
Reorganization of Congress (cross-reference tables).......55
Reporters of debates............................307.1, 307.2
Reportorial services to committees, payment for....26.1, 273
Reports:
Agencies on actions recommended by GAO.........481.5
Committee. See Committee(s): Reports.
Comptroller General:
Financial disclosure...................439.8
Fiscal information.......481.3, 481.4, 487.1
Conference committees.............................28
Counterpart funds used by Senate committees......472
Ethics, Select Committee on, designated to
administer financial disclosure reporting
requirements................................79.1
Financial disclosure.........................34, 439
Independent Counsel.......................479, 479.1
Librarian of Congress............................323
Lobbying....................................399.90-4
Mass mailings..................................248.7
Members, officers and employees of the Senate:
Contributions........................35, 439
Financial interests............34, 79.1, 439
Gifts.....................................35
Outside business or professional
activity.........................36, 440
Presidential election campaign fund............478.5
Presidential primary matching payment account
478.8
Secretary of the Senate:
Expenditures, semiannual statement of
288
Receipts and expenditures, detailed
report of............................298
Secretary of the Treasury and the Director of
the Office of Management and Budget on
fiscal, budget, and program information......488
Senatorial candidates on contributions.....34, 439.1
To accompany supplemental authorization
resolutions.................................26.9
Representation (of constituents) by Members...............43
Representatives, apportionments of (table)...............974
Reprints of publications............................616, 642
Rescissions and deferrals. See Budget process.
Residence of Senators, for tax purposes..................425
Resignation of a Senator, compensation and direction
of employees as affected by...........................72
Resolutions. See Bills and resolutions.
Restaurants. See Senate Restaurants.
Retirement benefits of Senators and employees of the
Senate. See 5 U.S.C. Sec. Sec. 8331-8348 (not
included in Senate Manual).
Rhode Island:
Historical data..................................970
Ratification of the Constitution............769, 970
Senators from, since formation of the Union
(table)......................................876
Richard Brevard Russell Senate Office Building..........79.8
Rollcalls................................................6.3
Rules, amendment and suspension of.........................5
Rules, standing, of the Senate. See Standing Rules of
the Senate.
Rules and Administration, Committee on. See
Committees, standing.
Rules for Regulation of the Senate Wing of the United
States Capitol and Senate Office Buildings............80
Rules of Procedure and Practice in the Senate When
Sitting on Impeachment Trials........................100
Rules of procedure for committees.......................26.2
Russell Senate Office Building..........................79.8
S
Salaries. See Compensation.
Salary deposit in financial organizations..............489.1
Sale of waste paper and condemned furniture..............300
Scheduling of committee meetings..................26.3, 26.6
Seal of the:
President and Vice President..................462.17
President pro tempore...........................66.1
Senate....................................66, 462.17
United States.................................462.17
Secrecy, injunction of.........30.1, 31.2, 36.2, 38.2, 201.5
Secretaries of (tables):
Agriculture......................................959
Commerce.........................................961
Commerce and Labor...............................960
Defense..........................................953
Education........................................967
Energy...........................................966
Health and Human Services........................963
Housing and Urban Development....................964
Interior.........................................958
Labor............................................962
Navy.............................................957
State............................................951
Transportation...................................965
Treasury.........................................952
Veterans Affairs.................................968
War..............................................954
Secretary of Defense: Armed forces appropriations........441
Secretary for the Majority:
Duties of.........................................81
Expense allowance..............................267.1
Secretary for the Minority:
Duties of.........................................81
Expense allowance..............................267.1
Secretary of the Conference of the Majority:
Compensation of employees affected by death or
resignation of........................................74
Secretary of the Conference of the Minority:
Compensation of employees affected by death or
resignation of........................................74
Secretary of State: Diplomatic gallery, admission
cards to............................................85.5
Secretary of the Senate. See also Officers of the
Senate:
Administration of oaths to officers of the
Senate and witnesses.........................213
Administrative assistants, authorization to
employ.......................................280
Appropriations for the Senate, withdrawal of
unexpended balances of.......................287
Assistant Secretary of the Senate................265
Oaths, administration of.................213
Performance of duties of Chair by........1.2
Banking and financial transactions,
reimbursement for..........................250.7
Beneficiaries, payments to.......................226
Certificates of election and appointment....2.2, 2.3
Check cashing regulations, personal............250.7
Communications, official, function with
respect to...................................7.6
Compensation of..................................253
Consultants for................................260.4
Contingent fund, separate account..............270.3
Curator of Art and Antiquities of the Senate
522b
Deductions from salaries of employees for:
Charitable contributions...............251.1
Indebtedness....................250.7, 79.32
Deductions from salaries of Senators for:
Absence..................................227
Delinquent indebtedness..................229
Failure to pay for excerpts from the
Congressional Record.................658
Withdrawal...............................228
Disbursing officer, Financial clerk shall
serve in absence of Secretary................264
Disposition of documents stored at Capitol.......650
Duties of the Chair, performance of, by..........1.2
Education of pages and other minor employees
65, 282
Employees of a Senator, direction of, in event
of:
Death or resignation of a Senator.........72
Termination of service of appointed
Senator...............................73
Employees of a Senator-elect, appointment of
234
Enrollment of bills and joint resolutions and
presentation of same to President of
United States...............................14.5
Expense allowance..............................267.1
Financial disclosure by senatorial candidates
and officers and employees of Senate.....34, 439
Franking privilege...............40.3, 491, 492, 496
Insurance of office funds........................266
Joint Leadership Group, assistance to........396.7-3
Lobbyists, registration and reporting of...399.90-3,
4
Messages to the President and to the House to
be certified and delivered by................9.2
Nominations, function in respect to........30.4-30.7
Oaths, administration of.........................213
Designation of employees to administer
263.1
Office of Public Records, revolving fund.......270.7
Official Reporters.............................307.1
Pages, education of...............................65
Payment of salaries of officers and employees
of the Senate, date of.......................250
Purchase of supplies.............................296
Reports by committees on part-time employees
63
Reports by Senatorial candidates and officers
and employees of the Senate on
contributions and honoraria..................439
Reports, semiannual, to Congress on
expenditures.................................288
Reports to Congress on receipts and
expenditures.................................298
Reprinting bills, laws, and reports not
exceeding 50 pages...........................616
Restriction on payment of dual compensation by
268
Salary deposit in financial organizations......489.1
Sale of waste paper and condemned furniture......300
Seal of the Senate, custody of............66, 462.17
Senate document room; superintendent.............648
Senate Journal. See as main entry.
Service pins or emblems.........................79.2
Staff, statutory positions, abolish certain......255
Stationery, advertising and contracting for
291-293
Transfers of funds.............................263.2
Travel expenses.........................254.8, 254.9
U.S. Code Annotated or U.S. Code Service,
procurement of, for Senators.................245
Waiver of claims arising out of payments to
Vice President, Senator, or Senate
employee.....................................312
Withholding and remitting State income taxes
251
Withdrawal of papers............................11.1
Secretary of the Treasury:
Budgetary and fiscal data processing system....487.1
Budgetary and fiscal data to be made available
to Congress..................................488
Budget standard classifications................487.1
Report to Congress on fiscal, budget, and
program information..........................488
Security, loyalty, striking...................76, 434, 464.1
Select committees, See Committees, select.
Senate:
Civil actions, U.S. District Court for the
District of Columbia, jurisdiction for.....479.2
Employees of. See Employees of the Senate.
Gifts, acceptance of...........................79.34
Laws, general and permanent, relating to.........200
Officers of. See Officers of the Senate, or
title of specific officer.
Seal of...................................66, 462.17
Senate Barber and Beauty Shops Revolving Fund..........304.5
Senate Chamber:
Broadcast of proceedings.......................79.28
Cloakrooms, admission to..........................87
Daniel Webster desk.............................79.3
Display materials in..............................98
Flowers in........................................64
For Senate use only.............................33.1
Galleries, regulation of............19.6, 19.7, 33.2
Henry Clay desk................................79.39
Jefferson Davis desk...........................79.35
Mechanical equipment in.........................83.2
Old Chamber, supervision and maintenance......522b-2
Order in, enforcement of........................19.6
Smoking not permitted in........................33.1
Taking of pictures, prohibited..................83.1
Use of............................................82
Senate Employee Child Care Center....................549c, d
Senate Code of Official Conduct........34-43, 79.6, 439, 440
Senate Computer Center: Revolving fund................305.21
Senate document room; superintendent.....................648
Senate flag............................................79.29
Senate floor, persons admitted on..................23, 79.37
Senate Gallery..........................................85.6
Senate garage........................................97, 519
Senate Gift Shop.......................................304.8
Senate Journal:
Contents of.....................................4.1c
Deposit of copies in Library of Congress.........324
Extracts from, to be received in evidence........480
Fees for transcripts from........................299
Legislative, executive, confidential, and
impeachment proceedings to be recorded in
separate books..............................4.1d
Printing of......................................623
Reading of............................4.1, 9.1, 28.1
Senate Legal Counsel. See Legal Counsel.
Senate Library:
Binding for......................................646
Documents not bearing a congressional number,
copies of, for...............................666
Senate Manual, printing of...............................630
Senate Office Building Commission:
Capitol Visitor Center...........................556
Dormitory and classroom facilities for pages
284, 513.6, 518.7
Senate Office Buildings:
Assignment of space in....................25.1n, 515
City Post Office Building, leased space........513.5
Control, care, and supervision of................514
Designated as Hart Senate Office Building.......79.9
Designated as Russell and Dirksen Office
Buildings...................................79.8
Energy management of Congressional buildings
(note).......................................506
Expenditures for, certification of vouchers
for..........................................517
Extension of additional Senate Office Building
site.......................................513.1
New Senate Office Building, extension to.......513.2
Nurses, registered in............................509
Regulation of...............................33.2, 97
Structural changes in, to be approved by
Architect of the Capitol.....................512
Telecommunications, overall plan (note)..........506
Senate pages. See Pages, Senate.
Senate Recording and Photographic Studios.........40.6, 305,
305.17
Senate Restaurants:
Control and direction of..........................90
Management of, etc...............................518
Surcharge on orders, for deficit fund............304
Senate seal.......................................66, 462.17
Senate Security, Office of.............................79.31
Senate Service Department................................649
Senate Wing of the Capitol. See Capitol Building.
Senate youth program................................78, 78.1
Senators:
Absence of.............................6, 79.28, 227
Allowances:
Magazines, periodicals, clippings......246.1
Mailing and delivery services..........246.1
Mileage:
Certification of
mileage accounts
by President of
the Senate...........244
Rates..................433.5
Mobile offices.........................247.6
Office equipment or furnishings..........248
Office expenses in home States.........246.1
Office space in home States..............247
Postage (see also Franking privilege,
as main entry)................246.1, 496
Stationery.............................246.1
Telecommunications..............246.1, 246.8
Telegram...............................246.1
Transportation..................246.1, 246.3
Appointment of...................................2.2
Assassination of.................................458
Assault of.......................................458
Binding for.................................644, 645
Classification of................................799
Code of official conduct. See Rules 34-43.
Compensation of. See Compensation.
Contracts by. See Contracts.
Deceased:
Compensation of employees.................72
Office expenses in home States.........246.1
Salary due...............................226
Decorations tendered by foreign governments to
434.5
Depository libraries, designation of........673, 676
Directed to take his seat.......................19.4
Disclosure of financial interests............34, 439
Disparaging reference by one, to another........19.2
Distribution of documents to.................639-641
Election of. See Elections.
Employees of. See Employees of the Senate.
Extra copies of documents and reports ordered
by...........................................642
Extracts from Congressional Record or other
documents....................................657
Envelopes for............................657
Payment for..............................658
Family of, police protection...................546.2
Federal income tax:
Government publications...............474.10
Residence of a Senator for purposes of
474
Financial disclosure.........................34, 439
Flags, Senate, purchase of.....................79.29
Foreign travel......................39, 79.22, 220.1
Franking privilege.............40.1-40.5, 491, 496.2
Franks and envelopes for, printing of............642
Gifts........................35, 79.36, 220.1, 439.2
Honoraria, prohibited.............................36
Jury duty, exempt from..........................215a
Kidnapping of....................................458
Legal Counsel, defense by, of.........396.8-1, 396.9
Legal investigations, contributions for costs
of certain.................................79.25
Membership on Federal Reserve Board prohibited
445
Memorial tributes to.................79.10, 633, 634
Oaths of......................................3, 210
Offensive reference by, to a State..............19.3
Official expenses, payment of....................246
Documentation required for
reimbursement......................79.23
Restriction on certain.................79.27
Orientation seminars...........................274.5
Outside business or professional activity or
employment of.....................36, 249.1, 440
Political activity. See Elections.
Post-employment lobbying........................37.8
Practice in Claims Court by......................453
Protection of, by Capitol Police...............546.2
Recording studios, restrictions on use of.......40.6
Reference to absence of........................79.28
Remarks of, printing in Congressional Record
61
Residence of, for income tax purposes............425
Resignation of, compensation of employees as
affected by...................................72
Retirement benefits. See 5 U.S.C.
Sec. Sec. 8331-8348 (not included in
Senate Manual).
Service pins or emblems.........................79.2
Staffs:
Orientation seminars...................274.5
Transportation, expenses of....246.1, 246.3,
246.7
Standards of conduct, policy on....34-43, 79.6, 439,
440
Subcommitee assignment...................25.4, 79.18
Terms of.............................205.1, 225, 799
Trustee or director of corporation or
institution appropriated for.................215
U.S. Code Annotated or U.S. Code Service,
procurement of, for..........................245
Unofficial office accounts prohibited...38, 248.6(d)
Senators-elect:
Clerical assistants for..........................269
Franking privilege...............................496
Organizational expenses..........................234
Presentation of credentials of...................2.1
Senators since the First Congress (table)............800-899
Special index to above...........................900
Senior citizen internship program......................79.21
Sergeant at Arms. See also Officers of the Senate:
Arrest and detain, power to......................525
Capitol Guide Service............................558
Capitol Police, appointment of...................539
Capitol Police Board.........................546-547
Compensation of.............................257, 261
Computer programming service, advance payment
305.20-1
Contingent fund, separate account..............270.3
Deputy Sergeant at Arms....................80, 257.5
Disposition of documents stored at Capitol.......650
Doorkeeper of the Senate: Assistant
doorkeepers, messengers acting as.............84
Expense allowance..............................267.1
Extraordinary expenses, advancement of funds
to meet....................................267.1
Franking privilege..........................491, 496
Heating and ventilating department of Senate
wing, admission to............................88
Insurance of office funds........................266
Longevity compensation to certain employees of
251.5
Office expenses, advanced funds................267.2
Office space for Senators in their home States
247
Preserving peace and protecting property in
Capitol Building.............................525
Quorum, function in obtaining....................6.4
Receipts of sales of certain items, credit to
appropriations........................296.1, 300
Sale of waste paper and condemned furniture......300
Senate Office Buildings, enforcement of
regulations...................................80
Senate pages. See Pages, Senate.
Senate Recording Studio, operation of............305
Senate wing of the Capitol, enforcement of
regulations...................................80
Special deputies..................................62
Staff:
Consultants..............................259
Detailed from other government
agencies.............................259
Statutory positions, abolish certain
258.5
Travel expenses..........................258
Vouchers, designated to approve........257.6
Tort claims, settlement of.....................79.33
Service academies, boards of visitors to. See Board of
visitors.
Service pins or emblems.................................79.2
Sessions:
Committee: Scheduling of..................26.3, 26.6
Executive.........................................29
On nominations............................31
On treaties...............................30
President of United States furnished
with records of.......................32
With closed doors.................................21
Shuttle service. See Capitol Grounds.
Signal lights, legislative................................96
Simple resolutions. See Bills and resolutions.
Small Business, Committee on. See Committees,
standing.
Smithsonian Institution, Board of Regents of........470, 471
Smoking restrictions............................33.1, 85, 89
South Carolina:
Historical data..................................970
Ratification of the Constitution............769, 970
Senators from, since formation of the Union
(table)......................................878
South Dakota:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................880
Space, assignment of, in:
Capitol Building.................................516
Senate Office Buildings..........................515
Special committees. See Committees, special.
Special delivery postage allowance, senatorial.........246.1
Special Gallery.........................................85.8
Special orders............................................10
Special Services Office..................................313
Staffs of: (See also Employees of the Senate.)
Committees................................27, 79.1-2
Senators:
Orientation seminars...................274.5
Transportation expenses of.............246.1
Standards and conduct for Members, officers, and
employees of Senate................34-43, 79.6, 439, 440
Standing Committee of Correspondents....................85.1
Standing Committee of Press Photographers...............85.4
Standing Committees of the Senate. See Committees,
standing.
Standing orders not embraced in the rules.................60
Standing Rules of the Senate:
Amendment or suspension of.......................5.1
Continuance in effect from Congress to
Congress.....................................5.2
Motion to proceed to consideration of any
change in....................................8.2
Special index to..................................50
Suspension of......................................5
State, offensive reference by a Senator to a............19.3
State, Secretaries of (table)............................951
Statement of appropriations.........................290, 635
Statements of witnesses before committees, staff to
prepare digests of.................................26.4b
States:
Admitted to the Union since the adoption of
the Constitution (table).....................971
Ratification of the Constitution by..............769
(table)..................................970
Thirteen Original (table)........................970
Stationery:
Advertising and contracting for..............291-293
Allowance:
President of the Senate..................236
Senatorial.............................246.1
Classes of articles purchasable in stationery
room.........................................302
Printing of......................................643
Revolving fund for...............................237
Statuary Hall............................................521
Statutes at Large:
Contents; admissibility in evidence..............201
Printing of......................................638
Stennis, John C., Center for Public Service Training
and Development............................323.5, 399.50
Stenographic assistance for reporting of committee
hearings.......................................26.1, 273
Striking against Government.......................434, 464.1
Subcommittees....................................25.4, 79.18
Subpena power of committees (standing)..................26.1
Aging (Special)................................79.16
Ethics (Select)...................................79
Indian Affairs (Other).........................79.17
Intelligence (Select)..........................79.13
Subsistence expenses, reimbursement for..................272
Succession to the Presidency.............................418
Suits, filing of, by committees.................77, 396.8-2,
396.10-1--396.10-3, 479.2
Summary of testimony before committees, staff to
prepare............................................26.4c
Superintendent of Documents. See Printing and binding.
Superintendent of Senate document room...................648
Superintendent of Senate Service Department..............649
Supplemental expenditure authorizations for committees
26.9
Supplemental views in committee reports...............26.10c
Supplies for the Senate.............................271, 296
Supreme Court Justices (table)...........................950
Assassination, kidnapping, assault of............458
Surcharge on orders in Senate Restaurant.................304
Surveillance by committees of execution of laws by
agencies...........................................26.8a
Suspension of the rules....................................5
T
Tape copies of floor broadcast, use of.................79.28
Taxation, Joint Committee on. See Committees, joint.
Technology assessment:
Congressional findings and declaration of
purpose...................................399.24
Office of Technology Assessment:
Annual report of......................399.33
Appropriations for purpose............399.34
Authority of..........................399.28
Coordination with National Science
Foundation........................399.32
Director and Deputy Director..........399.27
Establishment of......................399.25
Technology Assessment Advisory Council
399.29
Utilization of--
General Accounting
Office............399.31
Library of Congress...399.30
Technology Assessment Board...................399.26
Telecommunications Services............................246.8
Overall plan (note)..............................506
Telegraph allowance:
Senators.......................................246.1
Senators-elect...................................234
Telephone allowances:
Senators.......................................246.1
Senators-elect...................................234
Telephone operators, compensation of...........252.8
Longevity compensation.................251.3
Television broadcasting:
Committee hearings and meetings................26.5c
Senate chamber proceedings.....................79.28
Tennessee:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................882
Terms of Senators............................205.1, 225, 799
Texas:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................884
Tort claims, settlement of.............................79.33
Trade agreements, Congressional procedures with
respect to Presidential actions on..........465.4-465.14
Training for professional staffs of committees.......79.1-2,
275.10
Transportation, Secretaries of (table)...................965
Travel expenses:
Allowable.............................220.1, 433.6-7
Certification of mileage accounts by President
of the Senate................................244
Death occurring while away from duty station
433.8
Employees of Senate............................79.22
Fair employment hearings......................399.70
Foreign travel................35.3, 39, 79.22, 220.1
Frequent flyer miles, use of................399.79-6
Individuals appointed to recommend nominees
for Federal judgeships and service
academies..................................246.5
Legal Counsel..................................395.2
Legislative Counsel............................395.2
Mileage and related expenses...................433.5
Per diem..................................272, 433.4
Secretary of Senate.....................254.8, 254.9
Senators and staffs............35, 39, 79.22, 220.1,
246.1,3,7, 433.8
Senators-elect and appointed employees...........234
Sergeant at Arms.................................258
Witnesses.........................................69
Treasury, Secretaries of (table).........................952
Treaties:
Injunction of secrecy on..................29.3, 30.1
Printing of.................................621, 622
Proceedings on....................................30
Trials, impeachment......................................100
Trust funds........................................34.4, 439
Trust Territory of the Pacific Islands...................973
Two-day rule............................................17.5
U
Unanimous consent:
To change or withdraw a Senator's vote..........12.1
To proceed to the consideration of a subject
7.2, 8.2
To reconsider a question........................13.1
To suspend a rule..................................5
To suspend reading of Journal....................4.1
To take a final vote on a specific date.........12.4
Unfinished business..............................10.1, 19.1b
Unfunded mandates. See also Budget process,
Congressional..............................399.80-399.87
Definitions; purposes; exclusions.............399.80
Judicial review...............................399.87
Legislative accountability....................399.81
Regulatory accountability.....................399.83
Review of Federal mandates....................399.85
United States Code:
Distribution to Members of the Senate............203
Provisions of, relating to the operation of
the Senate...................................200
United States Code Annotated, procurement of, for
Senators.............................................245
United States Code Service, procurement of, for
Senators.............................................245
United States District Court for the District of
Columbia: Senate civil actions, jurisdiction of....479.2
Unofficial office accounts prohibited...........38, 248.6(d)
Utah:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................886
V
Vacancy in offices of both President and Vice
President............................................418
Vehicles, purchase and operation from contingent fund
270.4
Ventilating Senate wing..............................88, 510
Vermont:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................888
Veterans' Affairs, Committee on. See Committees,
standing.
Veterans' Affairs, Secretaries of (table)................968
Vice President: (see also President of the Senate;
President(s) pro tempore; Presiding Officer):
Absence of..................................1.1, 1.2
Allowances:
Expenses.................................422
Stationery.................236, 237.1, 237.2
Telephone................................240
Busts of former...................................67
Commencement of term of office...................420
Compensation of..................................421
Election of..................................400-417
Electoral votes for (table)................901-949.1
Franking privilege........................491, 496.2
Official temporary residence of..................422
Resignation, or refusal of office................419
Vacancy in office of.............................418
Vice President's seal, use of.................462.17
Virginia:
Historical data..................................970
Ratification of the Constitution............769, 970
Senators from, since formation of the Union
(table)......................................890
Virgin Islands (historical data).........................973
Visitor Center:
National.........................................554
Senate...........................................556
Visitors' Galleries.......................................85
Votes, electoral, for President and Vice President
(table)........................................901-949.1
Voting....................................................12
Changing or withdrawing a Senator's vote........12.1
Committee.......................................26.7
By proxy................................26.7
Reconsideration...................................13
Senator declining to vote.......................12.2
Unanimous consent to take a final vote on a
specific date...............................12.4
Yeas and nays...................................12.1
From Senator's assigned desk...........79.30
Vouchers, approval of...........................257.6, 270.1
W
Waiver of claims arising out of payments to Vice
President, Senator, or Senate employee...............312
War, Secretaries of (table)..............................954
Warning signal of enemy attack or other major disaster
conditions............................................96
Washington, State of:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................892
Washington's Farewell Address, reading of.................68
Waste paper, sale of.....................................300
Webster, Daniel, desk in Senate chamber.................79.3
West Virginia:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................894
Whips. See Majority Whip; Minority Whip.
Wisconsin:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................896
Withdrawal of papers....................................11.2
Witnesses. See also Committee(s): Hearings.
Witnesses: Majority and Minority Policy Committees:
fees...............................................352.5
Work injuries, compensation............................434.6
Worker Adjustment and Retraining Notification Act,
application to Congress...........................399.71
Works of fine art in the Capitol....................522, 523
Wyoming:
Historical data..................................971
Senators from, since admission to the Union
(table)......................................897
Y
Year 2000 Technology Problem, Special Committee on
the. See Committees, special.
Yeas and nays....................................12.1, 79.30
Youth program, Senate...............................78, 78.1