[House Report 118-236]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 118-236
======================================================================
TO MAKE TECHNICAL AMENDMENTS TO UPDATE STATUTORY REFERENCES TO CERTAIN
PROVISIONS CLASSIFIED TO TITLE 2, UNITED STATES CODE, TITLE 50, UNITED
STATES CODE, AND TITLE 52, UNITED STATES CODE, AND TO CORRECT RELATED
TECHNICAL ERRORS
_______
September 29, 2023.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Jordan, from the Committee on the Judiciary,
submitted the following
R E P O R T
[To accompany H.R. 3571]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 3571) to make technical amendments to update
statutory references to certain provisions classified to title
2, United States Code, title 50, United States Code, and title
52, United States Code, and to correct related technical
errors.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 3
Committee Estimate of Budgetary Effects.......................... 4
Duplication of Federal Programs.................................. 5
Performance Goals and Objectives................................. 5
Advisory on Earmarks............................................. 5
Federal Mandates Statement....................................... 5
Advisory Committee Statement..................................... 5
Applicability to Legislative Branch.............................. 5
Section-by-Section Analysis...................................... 5
Changes in Existing Law Made by the Bill, as Reported............ 7
Purpose and Summary
H.R. 3571, introduced by Rep. Madeleine Dean (D-PA), makes
technical amendments to update statutory references to certain
provisions classified to title 2, chapters 44, 45, 46, and 47
of title 50, and title 52 of the United States Code to correct
related technical errors.
With respect to statutory references to provisions
classified to title 2 of the United States Code, amendments to
the references are required because chapters 41 through 49, 51
through 55, and 61 through 65 of title 2 of the United States
Code were created editorially to set forth more clearly the
provisions of the law relating to Congress, the House of
Representatives, and the Senate.
With respect to statutory references to provisions
classified to chapters 44 through 47 of title 50 of the United
States Code, the amendments are required because the provisions
of the National Security Act of 1947, the Central Intelligence
Agency Act of 1949, the National Security Agency Act of 1959,
and certain other related statutes were reclassified
editorially to set forth more clearly those provisions.
With respect to statutory references to provisions
classified to title 52 of the United States Code, the
amendments are required because title 52 was editorially
established to set forth more clearly the provisions relating
to voting and elections.
In the course of updating statutory references, the Office
of the Law Revision Counsel found related technical errors. The
bill also makes amendments to correct those errors.
Background and Need for the Legislation
The Committee on the Judiciary has jurisdiction over the
``[r]evision and codification of the statutes of the United
States.''\1\ The Committee is assisted in this responsibility
by the Office of the Law Revision Counsel (OLRC), an office of
the House of Representatives tasked with ``develop[ing] and
keep[ing] current an official and positive codification of the
laws of the United States.\2\ OLRC fulfills this purpose by
submitting, as necessary, bills to the Committee to add to,
revise, or reclassify portions of the United States Code.
---------------------------------------------------------------------------
\1\House Rule X(1)(1), 118th Cong.
\2\U.S.C. 1A285a.
---------------------------------------------------------------------------
In February 2014, chapters 41 through 49, 51 through 55,
and 61 through 65 of title 2 of the United States Code were
created editorially to set forth more clearly the provisions of
law relating to Congress, the House of Representatives, and the
Senate. In May 2013, title 50 of the United States Code was
editorially reorganized to set forth more clearly the
provisions of the National Security Act of 1947, the Central
Intelligence Agency Act of 1949, the National Security Agency
Act of 1959, and certain other related statutes. On September
1, 2014, title 52 of the United States Code was editorially
established to set forth more clearly the provisions relating
to voting and election.
No statutory text was altered in the reorganization of the
provisions classified to titles 2, 50, and 52 of the United
States Code. The provisions were merely transferred from one
place to another within the respective titles. The changes were
necessary to improve the organizational structure of the
material in the United States Code. The Office of the Law
Revision Counsel has prepared the bill and submitted it to the
Committee as part of the Office's ongoing responsibility under
section 285b of title 2 of the United States Code to maintain
the United States code and assist the Committee in the revision
and codification of federal statutes.
Hearings
For the purposes of clause 3(c)(6)(A) of House rule XIII,
the Committee states that no hearings were held to assist in
the formulation of H.R. 3571.
Committee Consideration
On May 24, 2023, the Committee met in open session and
ordered the bill, H.R. 3571, favorably reported by voice vote,
a quorum being present.
Committee Votes
In compliance with clause 3(b) of House rule XIII, the
Committee states that no recorded votes were taken during
consideration of H.R. 3571.
Committee Oversight Findings
In compliance with clause 3(c)(1) of House rule XIII, the
Committee advises that the findings and recommendations of the
Committee, based on oversight activities under clause 2(b)(1)
of rule X of the Rules of the House of Representatives, are
incorporated in the descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to filing of the report
and is included in the report. Such a cost estimate is included
in this report.
Congressional Budget Office Cost Estimate
With respect to the requirement of clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
402 of the Congressional Budget Act of 1974, the Committee has
received the enclosed cost estimate for H.R. 3571 from the
Director of the Congressional Budget Office:
On May 24, 2023, the House Committee on the Judiciary
ordered reported the following bills that would make technical
changes to the United States Code:
H.R. 3496, a bill to make technical
amendments to update statutory references to certain
provisions which were formerly classified to chapters
14 and 19 of title 25, United States Code, and to
correct related technical errors;
H.R. 3506, a bill to make technical
amendments to update statutory references to certain
provisions classified to title 7, title 20, and title
43, United States Code, and to correct related
technical errors;
H.R. 3571, a bill to make technical
amendments to update statutory references to certain
provisions classified to title 2, United States Code,
title 50, United States Code, and title 52, United
States Code, and to correct related technical errors;
and
H.R. 3578, a bill to make technical
amendments to update statutory references to provisions
reclassified to title 34, United States Code, and to
correct related technical errors.
Because the bills would update statutory references,
correct errors, and make other nonsubstantive changes to
original laws, CBO estimates that enacting the bills would have
no effect on the federal budget.
The CBO staff contact for this estimate is Jon Sperl. The
estimate was reviewed by H. Samuel Papenfuss, Deputy Director
of Budget Analysis.
Phillip L. Swagel,
Director, Congressional Budget Office.
Committee Estimate of Budgetary Effects
With respect to the requirements of clause 3(d)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee adopts as its own the cost estimate prepared by the
Director of the Congressional Budget Office pursuant to section
402 of the Congressional Budget Act of 1974.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of House rule XIII, no provision
of H.R. 3571 establishes or reauthorizes a program of the
federal government known to be duplicative of another federal
program.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
House rule XIII, H.R. 3571 would make technical amendments to
update statutory references to certain provisions classified to
title 2, chapters 44, 45, 46, and 47 of title 50, and title 52
of the United States Code to correct related technical errors.
Advisory on Earmarks
In accordance with clause 9 of House rule XXI, H.R. 3571
does not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits as defined in clauses
9(d), 9(e), or 9(f) of House Rule XXI.
Federal Mandates Statement
The Committee adopts as its own the estimate of federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (Pub. L. 104-
1).
Section-by-Section Analysis
Division A--Technical amendments to update statutory references to
provisions classified to Title 2, United States Code, and to
correct related technical errors
Section 101. Title 2, United States Code. Section 101
updates statutory references in title 2.
Section 102. Title 5, United States Code. Section 102
updates statutory references in title 5.
Section 103. Title 39, United States Code. Section 103
updates statutory references in title 39.
Section 104. Title 42, United States Code. Section 104
updates statutory references in title 42.
Section 105. Title 44, United States Code. Section 105
updates statutory references in title 44.
Division B--Technical Amendments to update statutory references to
provisions classified to Chapters 44, 45, 46, and 47 of Title
50, United States Code, and to correct related technical errors
Section 201. Title 3, United States Code. Section 201
updates statutory references in title 3.
Section 202. Title 5, United States Code. Section 202
updates statutory references in title 5.
Section 203. Title 6, United States Code. Section 203
updates statutory references in title 6.
Section 204. Title 8, United States Code. Section 204
updates statutory references in title 8.
Section 205. Title 10, United States Code. Section 205
updates statutory references in title 10.
Section 206. Title 12, United States Code. Section 206
updates statutory references in title 12.
Section 207. Title 15, United States Code. Section 207
updates statutory references in title 15.
Section 208. Title 18, United States Code. Section 208
updates statutory references in title 18.
Section 209. Title 18, Appendix, United States Code.
Section 209 updates statutory references in title 18, appendix.
Section 210. Title 19, United States Code. Section 210
updates statutory references in title 19.
Section 211. Title 21, United States Code. Section 211
updates statutory references in title 21.
Section 212. Title 22, United States Code. Section 212
updates statutory references in title 22.
Section 213. Title 28, United States Code. Section 213
updates statutory references in title 28.
Section 214. Title 31, United States Code. Section 214
updates statutory references in title 31.
Section 215. Title 41, United States Code. Section 215
updates statutory references in title 41.
Section 216. Title 42, United States Code. Section 216
updates statutory references in title 42.
Section 217. Title 44, United States Code. Section 217
updates statutory references in title 44.
Section 218. Title 50, United States Code. Section 218
updates statutory references in title 50.
Division C--Technical amendments to update statutory references to
provisions classified to Title 52, United States Code, and to
correct related technical errors
Section 301. Title 2, United States Code. Section 301
updates statutory references in title 2.
Section 302. Title 3, United States Code. Section 302
updates statutory references in title 3.
Section 303. Title 5, United States Code. Section 303
updates statutory references in title 5.
Section 304. Title 6, United States Code. Section 304
updates statutory references in title 6.
Section 305. Title 10, United States Code. Section 305
updates statutory references in title 10.
Section 306. Title 18, United States Code. Section 306
updates statutory references in title 18.
Section 307. Title 20, United States Code. Section 307
updates statutory references in title 20.
Section 308. Title 22, United States Code. Section 308
updates statutory references in title 22.
Section 309. Title 26, United States Code. Section 309
updates statutory references in title 26.
Section 310. Title 28, United States Code. Section 310
updates statutory references in title 28.
Section 311. Title 29, United States Code. Section 311
updates statutory references in title 29.
Section 312. Title 31, United States Code. Section 312
updates statutory references in title 31.
Section 313. Title 36, United States Code. Section 313
updates statutory references in title 36.
Section 314. Title 39, United States Code. Section 314
updates statutory references in title 39.
Section 315. Title 42, United States Code. Section 315
updates statutory references in title 42.
Section 316. Title 47, United States Code. Section 316
updates statutory references in title 47.
Section 317. Title 48, United States Code. Section 317
updates statutory references in title 48.
Section 318. Title 50, United States Code. Section 318
updates statutory references in title 50.
Section 319. Title 52, United States Code. Section 319
updates statutory references in title 52.
Changes in Existing Law Made by the Bill, as Reported
CHANGES IN EXISTING LAW MADE BY THE BILL TO MAKE TECHNICAL AMENDMENTS
TO UPDATE STATUTORY REFERENCES TO CERTAIN PROVISONS CLASSIFIED TO TITLE
2, UNITED STATES CODE, TITLE 50, UNITED STATES CODE, AND TITLE 52,
UNITED STATES CODE, AND TO CORRECT RELATED TECHNICAL ERRORS
Set out below is a comparative print showing changes in
existing law proposed by the bill. Insertions are shown in
italic and omissions are surrounded by brackets.
DIVISION A--TECHNICAL AMENDMENTS TO UPDATE STATUTORY REFERENCES
TO PROVISIONS CLASSIFIED TO TITLE 2, UNITED STATES CODE, AND TO
CORRECT RELATED TECHNICAL ERRORS
TITLE 2--THE CONGRESS
Sec. 288(c) (Ethics in Government Act of 1978, Sec. 701(c))
Sec. 701. (a)(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.
* * *
(c) 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 202(i) of the
Legislative Reorganization Act of 1946 [(2 U.S.C. 72a(i))] (2
U.S.C. 4301(i)).
Sec. 288m (Ethics in Government Act of 1978, Sec. 716)
Sec. 716. The expenses of the Office shall be paid from the
contingent fund of the Senate in accordance with the paragraph
under the heading ``UNDER LEGISLATIVE'', relating to the
contingent fund of the Senate, of the [Act of October 1, 1888
(28 Stat. 546; 2 U.S.C. 68)] Act of October 2, 1888 (25 Stat.
546; 2 U.S.C. 6503), and upon vouchers approved by the Counsel.
Sec. 601(g) (Congressional Budget Act of 1974, Sec. 201(g))
Sec. 201. (a) In General.--
* * *
(g) 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 the paragraph relating to the contingent fund
of the Senate under the heading ``UNDER LEGISLATIVE'' in the
[Act of October 1, 1888 (28 Stat. 546; 2 U.S.C. 68)] Act of
October 2, 1888 (25 Stat. 546; 2 U.S.C. 6503), and upon
vouchers approved by the Director.
Sec. 605(a) (Congressional Operations Appropriations Act, 1997,
Sec. 104(a))
Sec. 104 (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. 111(b)] (2
U.S.C. 4103).
Sec. 1824a(a)(2) (Legislative Branch Appropriations Act, 2009,
Sec. 1101(a)(2))
Sec. 1101. (a) Collection and Sale of Recyclable Materials.--
* * *
(2) Exclusion of materials subject to other
programs.--The program established under this section
shall not apply with respect to any materials which are
subject to collection and sale under--
(A) the third undesignated paragraph under
the center heading ``MISCELLANEOUS'' in the
first section of the Act entitled ``An Act
making appropriations for sundry civil expenses
of the government for the fiscal year ending
June thirtieth, eighteen hundred and eighty
three, and for other purposes'', approved
August 7, 1882 [(2 U.S.C. 117)] (2 U.S.C.
6516);
(B) section 104(a) of the Legislative
Appropriations Act, 1987 (as enacted by
reference in identical form by section 101(j)
of Public Law 99-500 and Public Law 99-591) [(2
U.S.C. 117(e))] (2 U.S.C. 5540);
(C) the Senate waste recycling program
referred to in section 4 of the Legislative
Appropriations Act, 2001 [(2 U.S.C. 121f] (2
U.S.C. 2026); or
Sec. 1927 note (Legislative Branch Appropriation Act, 1965,
Sec. 104(c))
Sec. 104. (a) The rate of basic compensation of sergeants of
the Capitol Police shall be $2,520 per annum, and the rate of
basic compensation of lieutenants and special officers of the
Capitol Police shall be $2,820 per annum.
* * *
(c) Any member of the Capitol Police who by reason of the
provision repealed by subsection (b) was receiving immediately
prior to the effective date of this section, longevity
compensation provided by section 105 of the Legislative Branch
Appropriation Act, 1959, shall on and after such effective
date, receive in lieu thereof a longevity increase under
section 106(b) of the Legislative Branch Appropriation Act,
1963 (2 U.S.C. 4507(b))), 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.
Sec. 1966(a) (Act of July 31, 1946, ch. 707, Sec. 9A(a))
Sec. 9A. (a) 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 431 of the Act of October 26, 1970 [(2 U.S.C. 60-1(b))]
(2 U.S.C. 4101(b)), and any member of the immediate family of
any such Member or officer, if the Capitol Police Board
determines such protection to be necessary.
Sec. 2025 note (Public Law 96-444, Sec. 2(c))
Sec. 2. (a) Effective October 1, 1980, the Sergeant at Arms
and Doorkeeper of the Senate is authorized to appoint and fix
the compensation of four garage attendants at not to exceed
$14,100 per annum each.
* * *
(c) During any period with respect to which subsection (b) is
applicable to a position occupied by an individual described in
such subsection, such individual shall be credited, for
purposes of longevity compensation, as authorized by section
106(a), (b), and (d) of the Legislative Branch Appropriation
Act, 1963 [(2 U.S.C. 60j)] (2 U.S.C. 4507), for service
performed by such individual in the position of garage
attendant, as an employee of the Architect of the Capitol, as
certified to the Secretary of the Senate by the Architect of
the Capitol.
Sec. 2051(e) (Public Law 110-279, Sec. 1(e))
SECTION 1. CONTINUED BENEFITS FOR CERTAIN SENATE RESTAURANT
EMPLOYEES
* * *
(e) Voluntary separation incentive payments.--
(1) Submission of plan.--Not later than 30 days after
the date of enactment of this Act, the Architect of the
Capitol shall submit a plan under section 210 of the
Legislative Branch Appropriations Act, 2005 [(2 U.S.C.
60q)] (2 U.S.C. 4505) to the applicable committees as
provided under that section.
(2) Plan.--
(A) In general.--Notwithstanding section 210
(e) of the Legislative Branch Appropriations
Act, 2005 [(2 U.S.C. 60q(e))] (2 U.S.C.
4505(e)), the plan submitted under this
subsection shall--
(i) offer a voluntary separation
incentive payment to any employee
described under subsection (a)(2)(A) of
this section in accordance with section
210 of that Act (2 U.S.C. 4505); and
Sec. 2062(e) (Legislative Branch Appropriations Act, 1992, Sec. 312(e))
Sec. 312. (a)(1) The Chief Administrative Officer of the
House of Representatives shall maintain and operate a child
care center (to be known as the ``House of Representatives
Child Care Center'') to furnish pre-school child care and
(subject to the approval of regulations by the Committee on
House Administration) child care for school age children other
than during the course of the ordinary school day--
* * *
(e) The Fund shall be treated as a category of allowances and
expenses for purposes of section 101(a) of the Legislative
Branch Appropriations Act, 1993 [(2 U.S.C. 95b(a))] (2 U.S.C.
5507(a)).
Sec. 2107(a) (Dire Emergency Supplemental Appropriations for Disaster
Assistance, Food Stamps, Unemployment Compensation
Administration, and Other Urgent Needs, and
Transfers, and Reducing Funds Budgeted for Military
Spending Act of 1990, Sec. 316(a))
Sec. 316. (a) Effective with the fiscal year ending September
30, 2006, 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
the paragraph under the heading ``General Provisions'' of
Chapter XI of the Third Supplemental Appropriation Act, 1957
[(2 U.S.C. 102a)] (2 U.S.C. 4107), shall be available for the
expenses incurred, without regard to the fiscal year in which
incurred, for the purchase of art and historical objects for
the United States Senate Collection, for exhibits and public
education relating to the United States Senate Collection, for
administrative and transitional expenses of the Senate
Commission on Art, and for the conservation, restoration, and
replication or replacement, in whole or in part, of works of
art, historical objects, documents, or material relating to
historical matters for placement or exhibition 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 works, objects,
documents, or material, the funds available under this
subsection shall be available for any such works, objects,
documents, or material previously contained within the Senate
wing of the Capitol, or a work, object, document, or material
historically accurate.
Sec. 2251(c) (Capitol Visitor Center Act of 2008, Sec. 411(c))
SEC. 411. OFFICE OF CONGRESSIONAL ACCESSIBILITY SERVICES.
* * *
(c) Transition for Current Director.---The individual who
serves as the head of the Congressional Special Services Office
as of the date of the enactment of this Act shall be the first
Director of Accessibility Services appointed by the
Congressional Accessibility Services Board under section 310 of
the Legislative Branch Appropriations Act, 1990 [(2 U.S.C.
130e)] (2 U.S.C. 2172) (as amended by this section).
Sec. 2252 (Capitol Visitor Center Act of 2008, Sec. 412)
SEC. 412. TRANSFER FROM CAPITAL GUIDE SERVICE.
(a) Transfer of Authorities and Personnel of Congressional
Special Services Office of Capitol Guide Service.--In
accordance with the provisions of this title, effective on the
transfer date--
(1) the contracts, liabilities, records, property,
appropriations, and other assets and interests of the
Congressional Special Services Office of the Capitol
Guide Service, and the employees of such Office, are
transferred to the Office of Congressional
Accessibility Services established under section 310(a)
of the Legislative Branch Appropriations Act, 1990 [(2
U.S.C. 130e)] (2 U.S.C. 2172)) (as amended by section
411 of this title), except that the transfer of any
amounts appropriated to the Congressional Special
Services Office that remain available as of the
transfer date shall occur only upon the approval of the
Committees on Appropriations of the House of
Representatives and Senate; and(2) the employees of
such Office shall be subject to the direction,
supervision, and control of the Director of
Accessibility Services.
(b) Treatment of employees at time of transfer.--
(1) In general.--Any individual who is an employee of
the Congressional Special Services Office of the
Capitol Guide Service on a non-temporary basis on the
transfer date who is transferred under subsection (a)
shall be subject to the authority of the Director of
Accessibility Services under [section 310(b) of the
Legislative Branch Appropriations Act, 1990 (2 U.S.C.
130e)] section 310(b) of the Legislative Branch
Appropriations Act, 1990 (2 U.S.C. 2172(b)) (as amended
by section 411 of this Act), except that the
individual's grade, compensation, rate of leave, or
other benefits that apply with respect to the
individual at the time of transfer shall not be reduced
while such individual remains continuously so employed
in the same position within the Office of Congressional
Accessibility Services established under [section
310(a) of the Legislative Branch Appropriations Act,
1990 (2 U.S.C. 130e)] section 310(a) of the Legislative
Branch Appropriations Act, 1990 (2 U.S.C. 2172(a)) (as
amended by section 411 of this Act), other than for
cause.
Sec. 4131 note (Congressional Operations Appropriations Act, 1996,
Sec. 107(b)(4))
Sec. 107. (a) Each fund and account specified in subsection
(b) shall be available only to the extent provided in
appropriations Acts.
* * *
(b) The funds and accounts referred to in subsection (a)
are--
* * *
(4) the revolving fund established for the House
Recording Studio by section 105(g) of the Legislative
Branch Appropriation Act, 1957 [(2 U.S.C. 123b(g))] (2
U.S.C. 4131(g)).
Sec. 4301 note (Congressional Operations Appropriations Act, 1996,
Sec. 105(a))
Sec. 105. (a) Notwithstanding any other provision of law, or
any rule, regulation, or other authority, travel for studies
and examinations under section 202(b) of the Legislative
Reorganization Act of 1946 [(2 U.S.C. 72a(b))] (2 U.S.C.
4301(b)) shall be governed by applicable laws or regulations of
the House of Representatives or as promulgated from time to
time by the Chairman of the Committee on Appropriations of the
House of Representatives.
Sec. 4336(a) (Congressional Operations Appropriations Act, 1999,
Sec. 10(a))
Sec. 10. (a) The Committee on Appropriations is authorized in
its discretion--
* * *
(5) to procure the services of individual
consultants, or organizations thereof (as authorized by
section 202(i) of the Legislative Reorganization Act of
1946 (2 U.S.C. 4301(i)) and Senate Resolution 140,
agreed to May 14, 1975, except that any approval (and
related reporting requirement) shall not apply); and
(6) to provide for the training of the professional
staff of such committee (under procedures specified by
section 202(j) of such Act (2 U.S.C. 4301(j)).
Sec. 4507 (Legislative Branch Appropriation Act, 1963, Sec. 106)
Sec. 106. (a) 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
244 of the Legislative Reorganization Act of
1946 [(2 U.S.C. 74b)] (2 U.S.C. 6538);
* * *
(b)(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 4 of the Federal Pay Comparability Act of 1970 (2
U.S.C. 4571).
(3) For purposes of this section--
* * *
(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 244 of the Legislative
Reorganization Act of 1946 (2 U.S.C. 6538), only
creditable service performed subsequent to January 2,
1971, shall be taken into account; and
Sec. 4508 (Legislative Branch Appropriation Act, 1979, Sec. 310)
Sec. 310. The provisions of subsections (a) and (b) of
section 106 of the Legislative Branch Appropriation Act, 1963
(2 U.S.C. 4507) (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.
Sec. 4509 (Congressional Operations Appropriation Act, 1984, Sec. 107)
Sec. 107. Subsections (a) and (b) of section 106 of the
Legislative Branch Appropriation Act, 1963 [(2 U.S.C. 60j)] (2
U.S.C. 4507) 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.
Sec. 4572 (Legislative Branch Appropriation Act, 1977, Sec. 107)
Sec. 107. No provision of this Act or of any Act hereafter
enacted 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 4 of the Federal Pay Comparability
Act of 1970 (2 U.S.C. 4571) to such rate.
Sec. 4575 (Legislative Branch Appropriation Act, 1968, Sec. 105)
Sec. 105. (a)(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.
* * *
(b) The rate of compensation of each employee whose
compensation is disbursed by the Secretary of the Senate which
was fixed before the effective date of this section at a basic
rate with respect to which additional compensation is payable
by law shall be converted as of such date to the lowest per
annum gross rate which is a multiple of $180 and which is not
less than the aggregate rate of compensation (basic
compensation plus additional compensation provided by law)
which such employee was receiving immediately prior to such
date. Any increments of longevity compensation to which an
employee became entitled prior to the effective date of this
section under section 106(b) of the Legislative Branch
Appropriation Act, 1963, as amended [(2 U.S.C. 60j)] (2 U.S.C.
4507) shall be excluded in converting such employee's rate of
compensation under this subsection, but such employee's rate of
gross compensation shall be increased by $540 (which shall be
considered to be an increase under section 4507(b) of this
title) for each such increment.
* * *
(d)(1)(A) Except as is otherwise provided in subparagraphs
(B) and (C), the aggregate of gross compensation paid employees
in the office of a Senator shall not exceed during each fiscal
year the following:
* * *
(B) In the case of gross compensation paid to employees in
the office of a Senator for the period commencing January 1,
1988, and ending September 30, 1988, the total of--
* * *
(ii) the expenses paid to or on behalf of such
Senator under authority of section 506 of the
Supplemental Appropriations Act, 1973 (2 U.S.C. 6314)
(as determined after application of subsection (b) of
such section, but without regard to paragraph
(2)(A)(iv) thereof),
shall not exceed the aggregate of--
* * *
(iv) the amount described in section
506(b)(2)(A)(iii) of the Supplemental Appropriations
Act, 1973 (2 U.S.C. 6314(b)(2)(A)(iii)).
* * *
(C) In the case of gross compensation paid to employees in
the office of a Senator for the fiscal year beginning October
1, 1988, or any fiscal year thereafter, the total of--
* * *
(ii) the expenses paid to or on behalf of such
Senator under authority of section 506 of the
Supplemental Appropriations Act, 1973 (2 U.S.C. 6314)
(as determined after application of subsection (b) of
such section, but without regard to paragraph
(3)(A)(ii) and (iv) thereof),
* * *
(iv) the amount described in section 506(b)(3) of the
Supplemental Appropriations Act, 1973 (2 U.S.C.
6314(b)(3)) (as determined without regard to
subparagraph (A)(ii) and (iv) thereof).
Sec. 4575 note (Legislative Branch Appropriations Act, 2004, Sec. 10)
Sec. 10. High Cost of Living Allowance. (a) In General.--
Under the authority of [section 105(d)(2) of the Legislative
Branch Appropriations Act, 1968 (2 U.S.C. 61-1(d)(2))] section
105(d)(2) of the Legislative Branch Appropriation Act, 1968 (2
U.S.C. 4575(d)(2)), a Senator from a noncontiguous State may
pay a high cost of living allowance to any employee employed in
an office of the Senator located in that State.
* * *
(d) Payment.--
(1) Aggregate gross compensation.--The amount of any
allowance under this section shall not be taken into
account for determining the amount of aggregate gross
compensation in the table under [section 105(d)(1)(A)
of the Legislative Branch Appropriations Act, 1968 (2
U.S.C. 61-1(d)(1)(A))] section 105(d)(1)(A) of the
Legislative Branch Appropriation Act, 1968 (2 U.S.C.
4575(d)(1)(A)).
Sec. 4575 note (Congressional Operations Appropriation Act, 1978,
Sec. 111)
Sec. 111. (a) Except as provided in subsection (b), the
aggregate of the gross compensation which may be paid to
employees in the office of a Senator during each fiscal year
under section 105(d) of the Legislative Branch Appropriation
Act, 1968, as amended and modified [(2 U.S.C. 61-1(d))] (2
U.S.C. 4575(d)), is increased by an amount equal to 3 times the
maximum annual gross rate of compensation that may be paid to
an employee of the office of a Senator.
* * *
(d) The second sentence of section 105(d)(2) of the
Legislative Branch Appropriation Act, 1968, as amended and
modified, is amended--
* * *
The amendments made by this subsection shall have no effect on
section 6(c) of the Order of the President pro tempore issued
on October 8, 1976, under section 4 of the Federal Pay
Comparability Act of 1970 (2 U.S.C. 4571).
Sec. 4575 note (Public Law 95-4, (a))
That (a) notwithstanding the limitations contained in section
105(e) of the Legislative Branch Appropriation Act, 1968, as
amended and modified (2 U.S.C. 4575(e)), each eligible staff
member of a new committee to whom section 703(d) of the
Committee System Reorganization Amendments of 1977 applies may,
during the transition period of such new committee, be paid
gross annual compensation at the rate which that eligible staff
member was receiving on January 4, 1977.
Sec. 4579 (Congressional Operations Appropriations Act, 2002, Sec. 102)
Sec. 102. Student Loan Repayment Program.(a) Definitions.--In
this section:
* * *
(c) Program Conditions.--
* * *
(2) Amount of payments.--
* * *
(B) Payments included in gross compensation
limitations.--Any student loan payment made
under this section in any month may not result
in the sum of the payment and the compensation
of an employee for that month exceeding 1/12th
of the applicable annual maximum gross
compensation limitation under section
105(d)(2), (e), or (f) of the Legislative
Branch Appropriation Act, 1968 [(2 U.S.C. 61-
1(d)(2), (e), or (f))] (2 U.S.C. 4575(d)(2),
(e), (f)).
* * *
(d) Loss of Eligibility for Student Loan Payments and
Obligation to Reimburse.--
* * *
(4) Failure of Employee to Reimburse.--If an eligible
employee fails to reimburse the Senate for the amount
owed under paragraph (1), such amount shall be
collected--
(A) under [section 104(c) of the Legislative
Appropriation Act, 1977 (2 U.S.C. 60c-2a(c))]
section 104(c) of the Legislative Branch
Appropriation Act, 1977 (2 U.S.C. 6568(c)) or
section 5514 of title 5, United States Code, if
the eligible employee is employed by any other
office of the Senate or agency of the Federal
Government; or
* * *
(e) Records and Reports.--
* * *
(2) Confidentiality.--Such report shall not include
any information which is considered confidential or
could disclose the identity of individual employees or
employing offices. Information required to be contained
in the report of the Secretary under [section 105(a) of
the Legislative Branch Act, 1965 (2 U.S.C. 104a)]
section 105(a) of the Legislative Branch Appropriation
Act, 1965 (2 U.S.C. 4108) shall not be considered to be
personal information for purposes of this paragraph.
Sec. 4579 note (Legislative Branch Appropriations Act, 2012,
Sec. 1001(c))
Sec. 1001. (a) In General.--Section 102(a) of the Legislative
Branch Appropriation2 Act, 2002 (2 U.S.C. 60c-5(a)) is
amended--
* * *
(c) Effective Date and Application.--The amendments made by
this section shall take effect on the date of enactment of this
Act and apply to service agreements entered into under section
102 of the Legislative Branch Appropriations Act, 2002 [(2
U.S.C. 60c-5)] (2 U.S.C. 4579) or section 5379 of title 5,
United States Code, on or after that date.
Sec. 4581(a) (Congressional Operations Appropriations Act, 1992,
Sec. 5(a))
Sec. 5. (a) Notwithstanding the provisions of section
105(d)(1) of the Legislative Branch Appropriation Act, 1968 [(2
U.S.C. 61-1(d)(1))] (2 U.S.C. 4575(d)(1)), and except as
otherwise provided in subparagraph (C) of such subsection
(d)(1), 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.
Sec. 4713 (Congressional Operations Appropriations Act, 1999, Sec. 105)
Sec. 105. Notwithstanding any other provision of law or any
other rule or regulation, any information on payments made by
the Committee on Standards of Official Conduct of the House of
Representatives to an individual for attendance as a witness
before the Committee in executive session during a Congress
shall be reported not later than the second semiannual report
filed under section 106 of the House of Representatives
Administrative Reform Technical Corrections Act [(2 U.S.C.
104b)] (2 U.S.C. 5535) in the following Congress.
Sec. 4902(i) (Legislative Reorganization Act of 1970, Sec. 492(i))
Sec. 492. (a) 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.
* * *
(i) Nothing in this part shall affect the operation of the
proviso under the heading ``Education of Senate and House
Pages'' in title I of the Urgent Deficiency Appropriation Act,
1947 [(2 U.S.C. 88b)] (2 U.S.C. 4903), relating to educational
facilities of pages and other minors who are congressional
employees.
Sec. 5142 note (Congressional Operations Appropriation Act, 1984,
Sec. 112)
Sec. 112. The funds provided under the provisions of section
2 of House Resolution 393, Ninety-fifth Congress, agreed to
March 31, 1977, as enacted into permanent law by section 115 of
the Congressional Operations Appropriation Act, 1978 (2 U.S.C.
5142), and section 473 of the Legislative Reorganization Act of
1970 (2 U.S.C. 5103), shall be limited to use for the
compensation of additional personnel and other necessary
official expenses.
Sec. 5162(b) (Legislative Branch Appropriations Act, 2005, Sec. 109(b))
Sec. 109. (a) There is established in the House of
Representatives an office to be known as the Republican Policy
Committee, which shall have such responsibilities as may be
assigned by the Speaker of the House of Representatives (or, if
the Speaker is not a member of the Republican Party, the
Minority Leader of the House of Representatives).
(b) There shall be a lump sum allowance for the salaries and
expenses of the Republican Policy Committee, which shall be
treated as a category of House leadership offices for purposes
of section 101(c) of the Legislative Branch Appropriations Act,
1993 [(2 U.S.C. 95b(c))] (2 U.S.C. 5507(c)), and which shall be
obligated and expended as directed by the Speaker (or, if the
Speaker is not a member of the Republican party, the Minority
Leader).
Sec. 5303 (Public Law 97-51, Sec. 112(c))
Sec. 112. (a) The first sentence of the first section of the
joint resolution relating to the payment of salaries of
employees of the Senate, approved April 20, 1960 (Public Law
86-426; 2 U.S.C. 60c-1), is amended by striking out ``Officers
(other than Senators) and employees'' and inserting in lieu
thereof ``Senators and officers and employees''.
* * *
(c) On and after the effective date of the amendments and
repeals made by this section, section 39 of the Revised
Statutes [(2 U.S.C. 35)] (2 U.S.C. 5302) shall not be construed
as being applicable to a Senator.
Sec. 5308 (Public Resolution No. 1 of the 58th Congress, approved
November 12, 1903, 2d paragraph)
The Speaker is authorized to designate from time to time some
one from among those appointed by him and appropriated for and
employed in his office, whose duty it shall be under the
direction of the Speaker to sign in his name and for him all
certificates required by section forty-seven of the Revised
Statutes (2 U.S.C. 5307) for salary and accounts for traveling
expenses in going to and returning from Congress of
Representatives and Delegates.
Sec. 5324 (Act of August 21, 1935, ch. 600, Sec. 1)
Notwithstanding the provisions of the third paragraph under
the heading ``Clerical assistance to Senators'' of section 1 of
the Legislative Appropriation Act for the fiscal year ending
June 30, 1928 [(U.S.C., Supp. V, title 2, sec. 92a)] (2 U.S.C.
5323), in case of the death or resignation of a Member of the
House during his term of office, the clerical assistants
designated by him and borne upon the clerk hire pay rolls of
the House of Representatives on the date of such death or
resignation shall be continued upon such pay rolls at their
respective salaries until the successor to such Member of the
House is elected to fill the vacancy.
Sec. 5504 (Ethics in Government Act of 1978, Sec. 714(d))
Sec, 714. (a) Section 3210 of title 39 of the United States
Code, is amended--
* * *
(d) Section 8 of the Act entitled ``An Act making
appropriations for sundry civil expenses of the Government for
the fiscal year ending June thirtieth, eighteen hundred and
seventy-six, and for other purposes,'' approved March 3, 1875
[(2 U.S.C. 118)] (2 U.S.C. 5503), shall not apply to officers
of the Senate.
Sec. 5507 note (Congressional Operations Appropriations Act, 1998,
Sec. 102)
Sec. 102. The funds and accounts specified in section 107(b)
of the Legislative Branch Appropriations Act, 1996 [(2 U.S.C.
123b note)] (2 U.S.C. 4131 note) shall be treated as categories
of allowances and expenses for purposes of section 101(a) of
the Legislative Branch Appropriations Act, 1993 [(2 U.S.C.
95b(a))] (2 U.S.C. 5507(a)).
Sec. 5508 (Congressional Operations Appropriations Act, 1988,
Sec. 109(c))
Sec. 109. (a) There is hereby established an account in the
House of Representatives for purposes of making payments of the
House of Representatives to the Employees' Compensation Fund
under section 8147 of title 5, and for reimbursing the
Secretary of Labor for any amounts paid with respect to
unemployment compensation payments for former employees of the
House.
* * *
(c) The account established under subsection (a) shall be
treated as a category of allowances and expenses for purposes
of section 101(a) of the Legislative Branch Appropriations Act,
1993 [(2 U.S.C. 95b(a))] (2 U.S.C. 5507(a)).
Sec. 5535(e)(2) (House of Representatives Administrative Reform
Technical Corrections Act, Sec. 106(e)(2))
SEC. 106. REPORT OF DISBURSEMENTS FOR HOUSE OF REPRESENTATIVES.
* * *
(e) Conforming Provision.--The provisions of--
* * *
(2) section 105(a) of the Legislative Branch
Appropriation Act, 1965 [(2 U.S.C. 104a)] (2 U.S.C.
4108).
Sec. 5537 (Legislative Branch Appropriations Act, 2003, Sec. 102)
Sec. 102. (a) There is hereby established in the Treasury of
the United States a revolving fund for the House of
Representatives to be known as the Net Expenses of Equipment
Revolving Fund (hereafter in this section referred to as the
``Revolving Fund''), consisting of funds deposited by the Chief
Administrative Officer of the House of Representatives from
amounts provided by offices of the House of Representatives to
purchase, lease, obtain, and maintain the equipment located in
such offices, and amounts provided by Members of the House of
Representatives (including Delegates and Resident Commissioners
to the Congress) to purchase, lease, obtain, and maintain
furniture for their district offices.
* * *
(c) The Revolving Fund shall be treated as a category of
allowances and expenses for purposes of section 101(a) of the
Legislative Branch Appropriations Act, 1993 [(2 U.S.C. 95b(a))]
(2 U.S.C. 5507(a)).
* * *
(e) This section shall not apply with respect to any
telecommunications equipment which is subject to coverage under
[section 103 of the Legislative Branch Appropriations Act,
2005] section 102 of the Legislative Branch Appropriations Act,
2005 (2 U.S.C. 5538) (relating to the Net Expenses of
Telecommunications Revolving Fund).
Sec. 5538(c) (Legislative Branch Appropriations Act, 2005, Sec. 102(c))
Sec. 102. Net Expenses of Telecommunications Revolving Fund.
(a) There is hereby established in the Treasury of the United
States a revolving fund for the House of Representatives to be
known as the Net Expenses of Telecommunications Revolving Fund
(hereafter in this section referred to as the ``Revolving
Fund''), consisting of funds deposited by the Chief
Administrative Officer of the House of Representatives from
amounts provided by legislative branch offices to purchase,
lease, obtain, and maintain the data and voice
telecommunications services and equipment located in such
offices.
* * *
(c) The Revolving Fund shall be treated as a category of
allowances and expenses for purposes of section 101(a) of the
Legislative Branch Appropriations Act, 1993 [(2 U.S.C. 95b(a))]
(2 U.S.C. 5507(a)).
Sec. 5545 (Legislative Branch Appropriations Act, 2005, Sec. 105)
Sec. 105. (a) Establishment of House Revolving Fund.-- There
is hereby established in the Treasury of the United States a
revolving fund for the House of Representatives to be known as
the ``House Services Revolving Fund'' (hereafter in this
section referred to as the ``Revolving Fund''), consisting of
funds deposited by the Chief Administrative Officer of the
House of Representatives from all amounts received by the House
of Representatives with respect to the following activities:
* * *
(5) The payment of fees for the use of the exercise
facility described in section 103(a) of this Act.
* * *
(c) Transfer Authority.-- The Revolving Fund shall be treated
as a category of allowances and expenses for purposes of
section 101(a) of the Legislative Branch Appropriations Act,
1993 [(2 U.S.C. 95b(a))] (2 U.S.C. 5507(a)).
Sec. 5624(b) (Legislative Branch Appropriations Act, 2004, Sec. 106(b))
Sec. 106. (a)(1) Effective October 1, 2003--
* * *
(b) Effective with respect to fiscal year 2004 and each
succeeding fiscal year, the lump sum allowance for salaries and
expenses of the Corrections Calendar Office provided under
House Resolution 130, One Hundred Fifth Congress, agreed to
April 24, 1997, as enacted into permanent law by section 101 of
the Legislative Branch Appropriations Act, 1998 [(2 U.S.C. 74d-
1 et seq.)] (2 U.S.C. 5622 et seq.), is transferred as follows:
Sec. 6136(b)(1) (Supplemental Appropriations Act, 1987, title I,
chapter VIII, Sec. 1(b)(1))
Section 1. (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)) 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)) 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 197 of Public Law 99-88
[(2 U.S.C. 31a-2)] (2 U.S.C. 6135).
Sec. 6157(a) (Supplemental Appropriations Act, 1985, Sec. 195(a))
Sec. 195. (a) Funds authorized to be expended under section
120 of Public Law 97-51 [(2 U.S.C. 61g-6)] (2 U.S.C. 6155)
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.
Sec. 6311 (Second Supplemental Appropriations Act, 1978, Sec. 105)
Sec. 105. (a) 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)(1) Salaries of employees appointed under subsection (a)
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) shall be charged
against the amount of compensation which may be paid to
employees in his office under section 105(d) of the Legislative
Branch Appropriations Act, 1968, as amended and modified [(2
U.S.C. 61-1(d))] (2 U.S.C. 4575(d) (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 105(d)(1)(B) of such Act (2 U.S.C. 4575(d)(1)(B))
exceeds the aggregate amount of his clerk-hire allowance
actually paid as of the close of such month.
(c) Each Senator-elect and each employee appointed under
subsection (a) 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 506(e) of
the Supplemental Appropriations Act, 1973 [(2 U.S.C. 58)] (2
U.S.C. 6314(e)), 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)(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 506 of the
Supplemental Appropriations Act, 1973 (2 U.S.C. 6314).
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 506 of the Supplemental Appropriations Act, 1973 (2
U.S.C. 6314), 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 506(c) of such Act (2
U.S.C. 6314(c)) as of the close of such month exceeds the
aggregate amount actually paid under such section 506 (2 U.S.C.
6314) as of the close of such month.
Sec. 6314(b) (Supplemental Appropriations Act, 1973, Sec. 506(b))
Sec. 506. (a) 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:
* * *
(b)(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.
* * *
(2)(A) In the case of the period which commences January 1,
1988, and ends September 30, 1988, the total of--
* * *
(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
105(d) of the Legislative Branch Appropriation Act,
1968 (2 U.S.C. 4575(d)),
* * *
(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 105(d) of the Legislative Branch
Appropriation Act, 1968 (2 U.S.C. 4575(d)) (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.
* * *
(3)(A) In the case of the fiscal year beginning October 1,
1988, or any fiscal year thereafter, the total of--
* * *
(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
105(d) of the Legislative Branch Appropriation Act,
1968 (2 U.S.C. 4575(d)),
* * *
(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 105(d) of the Legislative Branch Appropriation
Act, 1968 (2 U.S.C. 4575(d)), but without regard to the
provisions of paragraph (1)(C)(iv) thereof.
Sec. 6314 note (Congressional Operations Appropriations Act, 1994,
title I, Sec. 2)
Sec. 2. Effective on and after October 1, 1993, the aggregate
of each of the sums determined under clauses (iii) and (iv) of
section 506(b)(3)(A) of the Supplemental Appropriations Act,
1973 [(2 U.S.C. 58(b)(3)(A)(iii) and (iv))] (2 U.S.C.
6314(b)(3)(A)(iii), (iv)), shall be deemed decreased by 2.5
percent.
Sec. 6513 (Legislative Branch Appropriation Act, 1957, 7th paragraph
under the heading ``ADMINISRATIVE PROVISIONS'')
No part of the foregoing 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 section 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 506 of the Supplemental Appropriations
Act, 1973 [(2 U.S.C. 58)] (2 U.S.C. 6314).
Sec. 6533 (Supplemental Appropriations Act, 1972, chapter IV, paragraph
under the heading ``ADMINISTRATIVE PROVISION'')
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
paragraph and the last full paragraph under the heading
``SENATE'' in the [First Deficiency Act, fiscal year 1936 (44
Stat. 162; 2 U.S.C. 64a)] First Deficiency Act, fiscal year
1926 (2 U.S.C. 6532), 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.
Sec. 6566 (Legislative Branch Appropriation Act, 1973, 3d paragraph
under the heading ``ADMINISTRATIVE PROVISIONS'')
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 (2 U.S.C. 4301(i)), (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.
Sec. 6572 (Act of March 3, 1887, ch. 392, Sec. 1 (last sentence in 16th
paragraph under the heading ``SENATE.'')
* * * Purchases of stationery and materials for folding shall
be made in accordance with [section 69 of the Revised Statutes
of the United States] section 69 of the Revised Statutes (2
U.S.C. 4104): Provided further, That 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.
Sec. 6573 note (Congressional Operations Appropriations Act, 1990,
Sec. 6)
Sec. 6. On and after the date this Act becomes law, the
Secretary of the Senate, subject to the approval of the
Committee on Appropriations of the Senate, is authorized to
provide up to $1,000,000 for capitalization purposes to the
revolving fund established by the last paragraph under the
heading ``Contingent Expenses of the Senate'' appearing under
the heading ``SENATE'' in chapter XI of the Third Supplemental
Appropriation Act, 1957 [(2 U.S.C. 46a-1)] (2 U.S.C. 6573), by
transferring to such revolving fund any funds available from
any Senate appropriation account, with respect to which he has
disbursement authority, for the fiscal year in which the
transfer is made (or for any preceding fiscal year) or which
have been made available until expended; and any moneys so
transferred shall be available for use in like manner and to
the same extent as the moneys in such revolving fund which were
not transferred thereto pursuant to this section.
Sec. 6576 note (Congressional Operations Appropriations Act, 1995,
Sec. 1)
Sec. 1. Effective on and after the date of enactment of this
Act, the Secretary of the Senate, subject to the approval of
the Committee on Appropriations of the Senate, is authorized to
transfer up to $300,000 from any Senate appropriations account
with respect to which the Secretary has disbursing authority to
the revolving fund established under section 2(c) under the
subheading 'ADMINISTRATIVE PROVISIONS' under the heading
'SENATE' in Public Law 102-392 [(2 U.S.C. 121d(c))] (2 U.S.C.
6576(c)) to provide additional capitalization for such
revolving fund. Any moneys so transferred shall be available
for use in the same manner and to the same extent as the moneys
otherwise in such revolving fund.
Sec. 6594 note (Public Law 94-226, Sec. 1(a))
(a) The Sergeant at Arms and Doorkeeper may fix the
compensation of the Deputy Sergeant at Arms and Doorkeeper at
an annual rate not to exceed the maximum annual rate of
compensation of the Assistant Secretary of the Senate. This
subsection does not supersede (1) any provision of an order of
the President pro tempore of the Senate authorizing a higher
rate of compensation, and (2) any authority of the President
pro tempore to adjust the rate of compensation referred to in
this subsection under section 4 of the Federal Pay
Comparability Act of 1970 (2 U.S.C. 4571).
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
Sec. 5303 note (Ethics Reform Act of 1989, Sec. 1101(a)(1))
SEC. 1101. ADJUSTMENTS IN RATES OF PAY AND REDUCTION IN
HONORARIUM OF SENATORS.
(a)(1) Adjustments in Rates of Pay.--Notwithstanding any
other provision of law (including any provision of this Act or
amendment made by this Act), effective as provided in paragraph
(2), the rate of pay of each office and position of United
States Senator, the President pro tempore of the Senate, and
the majority and minority leaders of the Senate shall be
increased by--
(A) the percentage increase that would have taken
effect in fiscal year 1988 if the provisions of section
601(a)(2) of the Legislative Reorganization Act of 1946
[(2 U.S.C. 31(2))] (2 U.S.C. 4501(2)) were applied to
the rate of pay of each such office and position in
effect on January 1, 1988 without regard to section 108
of the resolution entitled ``Joint resolution making
further continuing appropriations for the fiscal year
1988, and for other purposes'', approved December 22,
1987 [Pub. L. 100-202]; (101 Stat. 1329-434; 5 U.S.C.
5305 note);
(B) the percentage increase that would have taken
effect in fiscal year 1989 if the provisions of section
601(a)(2) of the Legislative Reorganization Act of 1946
[(2 U.S.C. 31(2))] (2 U.S.C. 4501(2)) were applied to
the rate of pay of each such office and position in
effect on January 1, 1989 (as adjusted under
subparagraph (A) of this paragraph) without regard to
subsection (b) of section 620 of the Treasury, Postal
Service and General Government Appropriations Act, 1989
(Public Law 100-440; 102 Stat. 1756; 5 U.S.C. 5305
note); and
(C) the percentage increase that would take effect in
fiscal year 1990 by the application of section
601(a)(2) of the Legislative Reorganization Act of 1946
[(2 U.S.C. 31(2))] (2 U.S.C. 4501(2)) (as adjusted
under subparagraphs (A) and (B) of this paragraph)
without regard to subsection (b) of section 619 of the
Treasury, Postal Service and General Government
Appropriations Act, 1990 (Public Law 101-136).
Sec. 5318 note (Ethics Reform Act of 1989, Sec. 704(a)(2)(B))
SEC. 704. REVISION IN METHOD BY WHICH ANNUAL PAY ADJUSTMENTS
FOR CERTAIN EXECUTIVE, LEGISLATIVE, AND JUDICIAL POSITIONS ARE
TO BE MADE.
(a) Percent Change in the Employment Cost Index.--
* * *
(2) Provisons through which new provisions are to be
implemented.--
* * *
(B) Amendment to the legislative
reorganization act of 1946.--Section 601(a)(2)
of the Legislative Reorganization Act of 1946
[(2 U.S.C. 31(2))] (2 U.S.C. 4501(2)) is
amended by striking 'corresponds to' and all
that follows thereafter through the period and
inserting the following:
Sec. 5581(1)(iv)
Sec. 5581. Definitions
For the purposes of this subchapter--
(1) ``employee'' means--
* * *
but does not include an employee of--
* * *
(iv) the Senate within the purview of
[section 36a of title 2] section 4592 of title
2.
TITLE 39--POSTAL SERVICE
Sec. 3210 note (Congressional Operations Appropriations Act, 1995,
Sec. 5)
Sec. 5. Effective October 1, 1994, each of the figures
contained in section 506(b)(3)(A)(iii) of the Supplemental
Appropriations Act, 1973 [(2 U.S.C. 58(b)(3)(A)(iii))] (2
U.S.C. 6314(b)(3)(A)(iii)) is increased by $50,000: Provided,
That, in any fiscal year beginning with fiscal year 1995, a
Senator may use funds provided for official office expenses,
but not to exceed $50,000, for mass mailing, as defined in
section 6(b)(1) and all such mass mailings shall be under the
frank.
TITLE 42--THE PUBLIC HEALTH AND WELFARE
Sec. 13212(f)(1)(C) (Energy Policy Act of 1992, Sec. 303(f)(1)(C))
SEC. 303. MINIMUM FEDERAL FLEET REQUIREMENT.
* * *
(f) Vehicle Emission Requirements.--
(1) Definitions.--In this subsection:
* * *
(C) Member's representational allowance.--
The term ``Member's Representational
Allowance'' means the allowance described in
section 101(a) of the House of Representatives
Administrative Reform Technical Corrections Act
[(2 U.S.C. 57b(a))] (2 U.S.C. 5341(a)).
TITLE 44--PUBLIC PRINTING AND DOCUMENTS
Sec. 725
Sec. 725. Statement of appropriations; ``usual number''
Of the statements of appropriations required to be prepared
by [section 105 of Title 2] section 4303 of title 2, there
shall be printed, after the close of each regular session of
Congress, the usual number of copies.
DIVISION B--TECHNICAL AMENDMENTS TO UPDATE STATUTORY REFERENCES
TO PROVISIONS CLASSIFIED TO CHAPTERS 44, 45, 46, AND 47 OF
TITLE 50, UNITED STATES CODE, AND TO CORRECT RELATED TECHNICAL
ERRORS
TITLE 3--THE PRESIDENT
Sec. 102 note (Presidential Transition Act of 1963, Sec. 3)
Sec. 3. (a) The Administrator of General Services, referred
to hereafter in this Act as ``the Administrator,'' is
authorized to provide, upon request, to each President-elect
and each Vice-President-elect, for use in connection with his
preparations for the assumption of official duties as President
or Vice President necessary services and facilities, including
the following:
* * *
(f)(1) The President-elect should submit to the Federal
Bureau of Investigation or other appropriate agency and then,
upon taking effect and designation, to the agency designated by
the President under [section 115(b) of the National
Intelligence Reform Act of 2004] section 3001(c) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3341(c)), the names of candidates for high level
national security positions through the level of undersecretary
of cabinet departments as soon as possible after the date of
the general elections held to determine the electors of
President and Vice President under section 1 or 2 of title 3,
United States Code.
* * *
(h)(1)(A) In the case of an eligible candidate, the
Administrator--
* * *
The Administrator shall also notify the candidate that sections
7601(c) and 8403(b) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3342 and 5 U.S.C. 1101 note)
provide additional services.
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
Sec. 552(a)(3)(E) (matter before clause (i))
Sec. 552. Public information; agency rules, opinions, orders, records,
and proceedings
(a) Each agency shall make available to the public
information as follows:
* * *
(3)(A) Except with respect to the records made available
under paragraphs (1) and (2) of this subsection, and except as
provided in subparagraph (E), each agency, upon any request for
records which (i) reasonably describes such records and (ii) is
made in accordance with published rules stating the time,
place, fees (if any), and procedures to be followed, shall make
the records promptly available to any person.
* * *
(E) An agency, or part of an agency, that is an element of
the intelligence community (as that term is defined in section
3(4) of the National Security Act of 1947 [(50 U.S.C. 401a(4))]
(50 U.S.C. 3003(4)))shall not make any record available under
this paragraph to--
Sec. 552 note (Nazi War Crimes Disclosure Act, Sec. 3(c))
SEC. 3. REQUIREMENT OF DISCLOSURE OF RECORDS REGARDING
PERSONS WHO COMMITTED NAZI WAR CRIMES
* * *
(c) Inapplicability of National Security Act of 1947
Exemption.--Section 701(a) of the National Security Act of 1947
[(50 U.S.C. 431)] (50 U.S.C. 3141(a)) shall not apply to any
operational file, or any portion of any operational file, that
constitutes a Nazi war criminal record under section 3 of this
Act.
Sec. 2306
Sec. 2306. Coordination with certain other provisions of law
No provision of this chapter, or action taken under this
chapter, shall be construed to impair the authorities and
responsibilities set forth in section 102 of the National
Security Act of 1947 [(61 Stat. 495; 50 U.S.C. 403)] (50 U.S.C.
3023), the Central Intelligence Agency Act of 1949 [(63 Stat.
208; 50 U.S.C. 403a and following)] (50 U.S.C. 3501 et seq.),
[the Act entitled ``An Act to provide certain administrative
authorities for the National Security Agency, and for other
purposes'', approved May 29, 1959 (73 Stat. 63; 50 U.S.C. 402
note)] the National Security Agency Act of 1959 (50 U.S.C. 3601
et seq.), and the Act entitled ``An Act to amend the Internal
Security Act of 1950'', approved March 26, 1964 (78 Stat. 168;
50 U.S.C. 831-835).
Sec. 5373(a)
Sec. 5373. Limitation on pay fixed by administrative action
(a) Except as provided in subsection (b) and by the
Government Employees Salary Reform Act of 1964 (78 Stat. 400)
and notwithstanding the provisions of other statutes, the head
of an Executive agency or military department who is authorized
to fix by administrative action the annual rate of basic pay
for a position or employee may not fix the rate at more than
the rate for level IV of the Executive Schedule. This section
does not impair the authorities provided by--
* * *
(3) [sections 403a-403c, 403e-403h, and 403j of title
50; or] the Central Intelligence Agency Act of 1949 (50
U.S.C. 3501 et seq.);
(4) [section 4802.] section 4802; or
[(4)] (5) section 2(a)(7) of the Commodity Exchange
Act (7 U.S.C. 2(a)(7)).
Sec. 5727(f)(2)
Sec. 5727. Transportation of motor vehicles
* * *
(f)(1) This section, except subsection (a), does not apply
to--
* * *
(2) This section, except subsection (a), does not affect
[section 403e(4) of title 50] section 4(a)(4) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3505(a)(4)).
Sec. 5948(g)(1)
Sec. 5948. Physicians comparability allowances
* * *
(g) For the purpose of this section--
(1) ``Government physician'' means any individual
employed as a physician or dentist who is paid under--
* * *
(F) [section 10 of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403j)] section 8
of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3510), relating to the Central
Intelligence Agency;
* * *
(H) section 2 of the Act of May 29, 1959
(Public Law 86-36, as amended[, 50 U.S.C. 402
note]), relating to the National Security
Agency;
Sec. 7342(f)(4)(C)
Sec. 7342. Receipt and disposition of foreign gifts and decorations
* * *
(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.
* * *
(4)(A) In transmitting such listings for an element of the
intelligence community, the head of such element may delete the
information described in subparagraph (A) or (C) of paragraph
(2) or in subparagraph (A) or (C) of paragraph (3) if the head
of such element certifies in writing to the Secretary of State
that the publication of such information could adversely affect
United States intelligence sources or methods.
* * *
(C) In this paragraph, the term ``intelligence community''
has the meaning given that term in section 3(4) of the National
Security Act of 1947 [(50 U.S.C. 401a(4))] (50 U.S.C. 3003(4)).
Sec. 8312(c)(1)(C)
Sec. 8312. Conviction of certain offenses
* * *
(c) The following are the offenses to which subsection (a) of
this section applies if the individual was convicted before,
on, or after September 26, 1961:
(1) An offense within the purview of--
* * *
(C) section 783 (conspiracy and communication
or receipt of classified information) of title
50 or section 601 of the National Security Act
of 1947 [(50 U.S.C. 421)] (50 U.S.C. 3121)
(relating to intelligence identities).
Sec. 8340 note (Omnibus Reconciliation Act of 1982, Sec. 301(c)(3))
Sec. 301. (a)(1) Except as provided in paragraph (3), the
cost-of-living increase under any Government retirement system
in annuity or retired or retainer pay of any early retiree
taking effect in each of fiscal years 1983, 1984, and 1985,
shall be equal to one-half of the assumed increase in the price
index for that year.
* * *
(c) For purposes of this section, the term ``cost-of-living
increase under a Government retirement system'' means any
increase under--
* * *
(3) [the Central Intelligence Agency Act of 1964 for
Certain Employees (50 U.S.C. 403 note)] the Central
Intelligence Agency Retirement Act (50 U.S.C. 2001 et
seq.);
Sec. 8341 note (Civil Service Retirement Spouse Equity Act, Sec. 4(h))
Sec. 4. (a)(1) Except as provided in paragraphs (3), (4),
(5), and (6) and subsections (b) and (c), the amendments made
by section 2 of this Act shall take effect May 7, 1985, and
shall apply--
* * *
(h) Section 827 of the Foreign Service Act of 1980 and
[section 292 of the Central Intelligence Agency Retirement Act
of 1964 for Certain Employees] section 292 of the Central
Intelligence Agency Retirement Act (50 U.S.C. 2141) shall not
apply with respect to either the amendments made by section 2
or the preceding provisions of this section.
Sec. 8351(d)(2)(A)
Sec. 8351. Participation in the Thrift Savings Plan
* * *
(d)(1) A foreign national employee of the Central
Intelligence Agency whose services are performed outside the
United States shall be ineligible to make an election under
this section.
(2)(A) Only those employees of the Central Intelligence
Agency participating in the pilot project required by section
402(b) of the Intelligence Authorization Act for Fiscal Year
2003 (Public Law 107-306; [50 U.S.C. 403-4 note] 50 U.S.C. 3505
note) and making contributions to the Thrift Savings Fund out
of basic pay may also contribute (by direct transfer to the
Fund) any part of bonus pay received by the employee as part of
the pilot project.
Sec. 8432(k)(1)
Sec. 8432. Contributions
* * *
(k)(1) Only those employees of the Central Intelligence
Agency participating in the pilot project required by section
402(b) of the Intelligence Authorization Act for Fiscal Year
2003 (Public Law 107-306; [50 U.S.C. 403-4 note] 50 U.S.C. 3505
note) and making contributions to the Thrift Savings Fund out
of basic pay may also contribute (by direct transfer to the
Fund) any part of bonus pay received by the employee as part of
the pilot project.
Sec. 9904(2)
Sec. 9904. Special pay and benefits for certain employees outside the
United States
The Secretary may provide to certain civilian employees of
the Department of Defense assigned to activities outside the
United States as determined by the Secretary to be in support
of Department of Defense activities abroad hazardous to life or
health or so specialized because of security requirements as to
be clearly distinguishable from normal Government employment--
* * *
(2) special retirement accrual benefits and
disability in the same manner provided for by the
Central Intelligence Agency Retirement Act (50 U.S.C.
2001 et seq.) and in section 18 of the Central
Intelligence Agency Act of 1949 [(50 U.S.C. 403r)] (50
U.S.C. 3518).
TITLE 6--DOMESTIC SECURITY
Sec. 101 (Homeland Security Act of 2002, Sec. 2)
SEC. 2. DEFINITIONS
In this Act, the following definitions apply:
* * *
(11) The term ``intelligence component of the
Department'' means any element or entity of the
Department that collects, gathers, processes, analyzes,
produces, or disseminates intelligence information
within the scope of the information sharing
environment, including homeland security information,
terrorism information, and weapons of mass destruction
information, or national intelligence, as defined under
section 3(5) of the National Security Act of 1947 [(50
U.S.C. 401a(5))] (50 U.S.C. 3003(5)), except--
* * *
(B) the Coast Guard, when operating under the
direct authority of the Secretary of Defense or
Secretary of the Navy pursuant to section 3 of
title 14, except that nothing in this paragraph
shall affect or diminish the authority and
responsibilities of the Commandant of the Coast
Guard to command or control the Coast Guard as
an armed force or the authority of the Director
of National Intelligence with respect to the
Coast Guard as an element of the intelligence
community (as defined under section 3(4) of the
National Security Act of 1947 [(50 U.S.C.
401a(4))] (50 U.S.C. 3003(4))).
Sec. 111 note (Department of Homeland Security Appropriations Act,
2007, Sec. 513)
Sec. 513. Notwithstanding any other provision of law, the
authority of the Office of Personnel Management to conduct
personnel security and suitability background investigations,
update investigations, and periodic reinvestigations of
applicants for, or appointees in, positions in the Office of
the Secretary and Executive Management, the Office of the Under
Secretary for Management, Analysis and Operations, Immigration
and Customs Enforcement, the Directorate for Preparedness, and
the Directorate of Science and Technology of the Department of
Homeland Security is transferred to the Department of Homeland
Security: Provided, That on request of the Department of
Homeland Security, the Office of Personnel Management shall
cooperate with and assist the Department in any investigation
or reinvestigation under this section: Provided further, That
this section shall cease to be effective at such time as the
President has selected a single agency to conduct security
clearance investigations pursuant to section 3001(c) of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; [50 U.S.C. 435b] 50 U.S.C. 3341) and the
entity selected pursuant to section 3001(b) of such Act has
reported to Congress that the agency selected pursuant to such
section 3001(c) is capable of conducting all necessary
investigations in a timely manner or has authorized the
entities within the Department of Homeland Security covered by
this section to conduct their own investigations pursuant to
section 3001 of such Act.
Sec. 121(d) (Homeland Security Act of 2002, Sec. 201(d))
SEC. 201. DIRECTORATE FOR INFORMATION ANALYSIS.
* * *
(d) Responsibilities of Secretary Relating to Intelligence
and Analysis.--The responsibilities of the Secretary relating
to intelligence and analysis shall be as follows:
(1) To access, receive, and analyze law enforcement
information, intelligence information, and other
information from agencies of the Federal Government,
State and local government agencies (including law
enforcement agencies), and private sector entities, and
to integrate such information, in support of the
mission responsibilities of the Department and the
functions of the National Counterterrorism Center
established under section 119 of the National Security
Act of 1947 [(50 U.S.C. 404o)] (50 U.S.C. 3056), in
order to--
* * *
(9) To ensure that--
* * *
(B) any intelligence information under this
chapter is shared, retained, and disseminated
consistent with the authority of the Director
of National Intelligence to protect
intelligence sources and methods under the
National Security Act of 1947 [(50 U.S.C. 401
et seq.)] (50 U.S.C. 3001 et seq.) and related
procedures and, as appropriate, similar
authorities of the Attorney General concerning
sensitive law enforcement information.
Sec. 122(d)(1) (Homeland Security Act of 2002, Sec. 202(d)(1))
SEC. 202. ACCESS TO INFORMATION.
* * *
(d) Access to Intelligence and Other Information.--
(1) Access by elements of federal government.--
Nothing in this subchapter shall preclude any element
of the intelligence community (as that term is defined
in section 3(4) of the National Security Act of 1947
[(50 U.S.C. 401a(4))] (50 U.S.C. 3003(4))), or any
other element of the Federal Government with
responsibility for analyzing terrorist threat
information, from receiving any intelligence or other
information relating to terrorism.
Sec. 124a (Homeland Security Act of 2002, Sec. 204)
SEC. 204. HOMELAND SECURITY INFORMATION SHARING.
(a) Information Sharing.-- Consistent with section 485 of
this title, the Secretary, acting through the Under Secretary
for Intelligence and Analysis, shall integrate the information
and standardize the format of the products of the intelligence
components of the Department containing homeland security
information, terrorism information, weapons of mass destruction
information, or national intelligence (as defined in section
3(5) of the National Security Act of 1947 [(50 U.S.C. 401a(5))]
(50 U.S.C. 3003(5)) except for any internal security protocols
or personnel information of such intelligence components, or
other administrative processes that are administered by any
chief security officer of the Department.
(b) Information Sharing and Knowledge Management Officers.--
For each intelligence component of the Department, the
Secretary shall designate an information sharing and knowledge
management officer who shall report to the Under Secretary for
Intelligence and Analysis regarding coordinating the different
systems used in the Department to gather and disseminate
homeland security information or national intelligence (as
defined in section 3(5) of the National Security Act of 1947
[(50 U.S.C. 401a(5))] (50 U.S.C. 3003(5)).
* * *
(d) Training and Evaluation of Employees.--
(1) Training.-- The Secretary, acting through the
Under Secretary for Intelligence and Analysis or the
Director of the Cybersecurity and Infrastructure
Security Agency, as appropriate, shall provide to
employees of the Department opportunities for training
and education to develop an understanding of--
(A) the definitions of homeland security
information and national intelligence (as
defined in section 3(5) of the National
Security Act of 1947 [(50 U.S.C. 401a(5))] (50
U.S.C. 3003(5))); and
Sec. 124a note (Implementing Recommendations of the 9/11 Commission Act
of 2007, Sec. 502(b)(1))
SEC. 502. INTELLIGENCE COMPONENT DEFINED.
* * *
(b) Receipt of Information From United States Secret
Service.--
(1) In general.--The Under Secretary for Intelligence
and Analysis shall receive from the United States
Secret Service homeland security information, terrorism
information, weapons of mass destruction information
(as these terms are defined in Section 1016 of the
Intelligence Reform and Terrorism Prevention Act of
2004 (6 U.S.C. 485)), or national intelligence, as
defined in [Section 3(5) of the National Security Act
of 1947 (50 U.S.C. 401a(5))] section 3(5) of the
National Security Act of 1947 (50 U.S.C. 3003(5)), as
well as suspect information obtained in criminal
investigations. The United States Secret Service shall
cooperate with the Under Secretary for Intelligence and
Analysis with respect to activities under sections 204
and 205 of the Homeland Security Act of 2002.
Sec. 124d(1) (Homeland Security Act of 2002, Sec. 207(1))
SEC. 207. INTELLIGENCE COMPONENTS.
Subject to the direction and control of the Secretary, and
consistent with any applicable guidance issued by the Director
of National Intelligence, the responsibilities of the head of
each intelligence component of the Department are as follows:
(1) To ensure that the collection, processing,
analysis, and dissemination of information within the
scope of the information sharing environment, including
homeland security information, terrorism information,
weapons of mass destruction information, and national
intelligence (as defined in section 3(5) of the
National Security Act of 1947 [50 U.S.C. 401a(5))] (50
U.S.C. 3003(5))), are carried out effectively and
efficiently in support of the intelligence mission of
the Department, as led by the Under Secretary for
Intelligence and Analysis.
Sec. 124e (Homeland Security Act of 2002, Sec. 208)
SEC. 208. TRAINING FOR EMPLOYEES OF INTELLIGENCE COMPONENTS.
The Secretary shall provide training and guidance for
employees, officials, and senior executives of the intelligence
components of the Department to develop knowledge of laws,
regulations, operations, policies, procedures, and programs
that are related to the functions of the Department relating to
the collection, processing, analysis, and dissemination of
information within the scope of the information sharing
environment, including homeland security information, terrorism
information, and weapons of mass destruction information, or
national intelligence (as defined in section 3(5) of the
National Security Act of 1947 [(50 U.S.C. 401a(5))] (50 U.S.C.
3003(5)).
Sec. 124g(a) (Homeland Security Act of 2002, Sec. 210(a))
SEC. 210. INFORMATION SHARING INCENTIVES.
(a) Awards.--In making cash awards under chapter 45 of title
5, United States Code, the President or the head of an agency,
in consultation with the program manager designated under
section 1016 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485), may consider the success
of an employee in appropriately sharing information within the
scope of the information sharing environment established under
that section, including homeland security information,
terrorism information, and weapons of mass destruction
information, or national intelligence (as defined in section
3(5) of the National Security Act of 1947 [(50 U.S.C. 401a(5))]
(50 U.S.C. 3003(5))), in a manner consistent with any policies,
guidelines, procedures, instructions, or standards established
by the President or, as appropriate, the program manager of
that environment for the implementation and management of that
environment.
Sec. 124k(f) (Homeland Security Act of 2002, Sec. 210D(f))
SEC. 210D. INTERAGENCY THREAT ASSESSMENT AND COORDINATION
GROUP.
* * *
(f) Operations.--
* * *
(2) Management.--Pursuant to section [119(f)(E)]
119(f)(1)(E) of the National Security Act of 1947 [(50
U.S.C. 404o(f)(E))] (50 U.S.C. 3056(f)(1)(E)), the
Director of the National Counterterrorism Center,
acting through the senior intelligence official from
the Department of Homeland Security detailed pursuant
to subsection (d)(6), shall ensure that--
* * *
(B) in consultation with the ITACG Advisory
Council and consistent with sections
102(f)(1)(B)(iii) and [119(f)(E)] 119(f)(1)(E)
of the National Security Act of 1947 [(50
U.S.C. 402 et seq.)] (50 U.S.C.
3024(f)(1)(B)(iii) and 3056(f)(1)(E)), all
products described in subparagraph (A) are
disseminated through existing channels of the
Department and the Department of Justice and
other appropriate channels to State, local, and
tribal government officials and other entities;
Sec. 331(c)(1)(B) (Homeland Security Act of 2002, Sec. 601(c)(1)(B))
SEC. 331. TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE
ARMED FORCES OF THE UNITED STATES AND OTHER GOVERNMENTAL
ORGANIZATIONS.
* * *
(c) Requirements for the Designation of Johnny Michael Spann
Patriot Trusts.--The requirements described in this subsection
are as follows:
(1) Not taking into account funds or donations
reasonably necessary to establish a trust, at least 85
percent of all funds or donations (including any
earnings on the investment of such funds or donations)
received or collected by any Johnny Micheal Spann
Patriot Trust must be distributed to (or, if placed in
a private foundation, held in trust for) surviving
spouses, children, or dependent parents, grandparents,
or siblings of 1 or more of the following:
* * *
(B) personnel, including contractors, of
elements of the intelligence community, as
defined in section 3(4) of the National
Security Act of 1947 (50 U.S.C. 3003(4));
Sec. 482(f)(2) (Homeland Security Act of 2002, Sec. 892(f)(2))
SEC. 892. FACILITATING HOMELAND SECURITY INFORMATION SHARING
PROCEDURES.
* * *
(f) Definitions.--As used in this section:
* * *
(2) The term ``intelligence community'' has the
meaning given such term in section 3(4) of the National
Security Act of 1947 [(50 U.S.C. 401a(4))] (50 U.S.C.
3003(4)).
TITLE 8--ALIENS AND NATIONALITY
Sec. 1101(a)(43)(L) (Immigration and Nationality Act,
Sec. 101(a)(43)(L))
Section 101. (a) As used in this Act--
* * *
(43) The term ``aggravated felony'' means--
* * *
(L) an offense described in--
* * *
(ii) section 601 of the National
Security Act of 1947 [(50 U.S.C. 421)]
(50 U.S.C. 3121) (relating to
protecting the identity of undercover
intelligence agents); or
(iii) section 601 of the National
Security Act of 1947 (50 U.S.C. 3121)
(relating to protecting the identity of
undercover agents);
Sec. 1157 note (National Defense Authorization Act for Fiscal Year
2008, Sec. 1243(c))
SEC. 1243. UNITED STATES REFUGE PROGRAM PROCESSING PRIORITIES.
* * *
(c) Ineligible Organizations and Entities.--Organizations and
entities described in subsection (a)(2) shall not include any
that appear on the Department of the Treasury's list of
Specially Designated Nationals or any entity specifically
excluded by the Secretary of Homeland Security, after
consultation with the Secretary of State and the heads of
relevant elements of the intelligence community (as defined in
section 3(4) of the National Security Act of 1947 [(50 U.S.C.
401a(4))] (50 U.S.C. 3003(4))).
Sec. 1201 note (Immigration Act of 1990, Sec. 154)
SEC. 154. PERMITTING EXTENSION OF PERIOD OF VALIDITY OF
IMMIGRANT VISAS FOR CERTAIN RESIDENTS OF HONG KONG.
* * *
(c) Treatment of Certain Employees in Hong Kong.--
(1) In general.--In applying the proviso of section 7
of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3508), in the case of an alien described in
paragraph (2), the Director may charge the entry of the
alien against the numerical limitation for any fiscal
year (beginning with fiscal year 1991 and ending with
fiscal year 1996) notwithstanding that the alien's
entry is not made to the United States in that fiscal
year so long as such entry is made before the end of
fiscal year 1997.
* * *
(d) Treatment of Children.--In this section, the term
``child'' has the meaning given such term in section 101(b)(1)
of the Immigration and Nationality Act and also includes (for
purposes of this section and the Immigration and Nationality
Act as it applies to this section) an alien who was the child
(as so defined) of the alien as of the date of the issuance of
an immigrant visa to the alien described in subsection (b)(1)
or, in the case described in subsection (c), as of the date of
charging of the entry of the alien under the proviso under
section 7 of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3508).
Sec. 1701(5) (Enhanced Border Security and Visa Entry Reform Act of
2002, Sec. 2(5))
SEC. 2. DEFINITIONS.
In this Act:
* * *
(5) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section
3(4) of the National Security Act of 1947 [50 U.S.C.
401a(4))] (50 U.S.C. 3003(4)).
Sec. 1721(c)(3)(F) (Enhanced Border Security and Visa Entry Reform Act
of 2002, Sec. 201(c)(3)(F))
SEC. 201. INTERIM MEASURES FOR ACCESS TO AND COORDINATION OF
LAW ENFORCEMENT AND OTHER INFORMATION.
* * *
(c) Coordination Plan.--
* * *
(3) Protections regarding information and uses
thereof.-- The plan under this subsection shall
establish conditions for using the information
described in subsection (b) received by the Department
of State and Immigration and Naturalization Service--
* * *
(F) in a manner that protects the sources and
methods used to acquire intelligence
information as required by [section 103(c)(7)
of the National Security Act of 1947 (50 U.S.C.
403-3(c)(7))] section 102A(i) of the National
Security Act of 1947 (50 U.S.C. 3024(i)).
Sec. 1722(b)(5) (Enhanced Border Security and Visa Entry Reform Act of
2002, Sec. 202(b)(5))
SEC. 202. INTEROPERABLE LAW ENFORCEMENT AND INTELLIGENCE DATA
SYSTEM WITH NAME-MATCHING CAPACITY AND TRAINING.
* * *
(b) Name-Search Capacity and Support.--
* * *
(5) Reports by intelligence agencies.--
(A) Current standards.--Not later than 60
days after May 14, 2002, the Director of
Central Intelligence shall complete the survey
and issue the report previously required by
section 309(a) of the Intelligence
Authorization Act for Fiscal Year 1998 [(50
U.S.C. 403-3 note)] (50 U.S.C. 3024 note).
(B) Guidelines.--Not later than 120 days
after the date of enactment of this Act, the
Director of Central Intelligence shall issue
the guidelines and submit the copy of those
guidelines previously required by section
309(b) of the Intelligence Authorization Act
for Fiscal Year 1998 [(50 U.S.C. 403-3 note)]
(50 U.S.C. 3024 note).
TITLE 10--ARMED FORCES
Sec. 111 note (Goldwater-Nichols Department of Defense Reorganization
Act of 1986, Sec. 3 (matter before paragraph (1)))
SEC. 3. POLICY.
In enacting this Act, it is the intent of Congress,
consistent with the congressional declaration of policy in
section 2 of the National Security Act of 1947 [(50 U.S.C.
401)] (50 U.S.C. 3002)--
Sec. 1401a note (Department of Defense Authorization Act, 1981,
Sec. 812)
Sec. 812. (a)(1) The increase in the retired and retainer pay
of members and former members of the uniformed services which
but for this section would be made effective September 1, 1980,
under the provisions of paragraph (2)(B) of section 1401a(b) of
title 10, United States Code, shall not be made.
* * *
(3) The President shall by Executive order provide for only
one cost-of-living adjustment in the annuities paid under [the
Central Intelligence Agency Act of 1964 for Certain Employees
(50 U.S.C. 403 note)] the Central Intelligence Agency
Retirement Act (50 U.S.C. 2001 et seq.) during the period
beginning on September 1, 1980, and ending on August 31, 1981.
Such adjustment shall be effective March 1, 1981, and shall be
made in the same manner and percentage as the adjustment
provided for in paragraphs (1) and (2) for the retired and
retainer pay of members and former members of the uniformed
services.
* * *
(b)(1) Effective August 31, 1981, but subject to paragraph
(2), section 1401a(b), of title 10, United States Code,
relating to adjustment of retired pay and retainer pay to
reflect changes in the Consumer Price Index, is amended to read
as follows:
``(b) Each time that an increase is made under section
8340(b) of title 5 in annuities paid under subchapter III of
chapter 83 of such title, the Secretary of Defense shall at the
same time increase the retired and retainer pay of members and
former members of the armed forces by the same percent as the
percentage by which annuities are increased under such
section.''.
* * *
(3) If legislation described in paragraph (2) is enacted to
provide for the adjustment of annuities paid under subchapter
III of chapter 83 of title 5, United States Code, on a once-a-
year basis, the President shall exercise the authority vested
in him under [section 292 of the Central Intelligence Agency
Act of 1964 for Certain Employees (50 U.S.C. 403 note)] section
292 of the Central Intelligence Agency Retirement Act (50
U.S.C. 2141) to provide for cost-of-living adjustments in the
annuities paid under such Act on an identical basis.
(4) If at the time the first adjustment in retired and
retainer pay is made under section 1401a(b) of title 10, United
States Code, as amended by paragraph (1) of this subsection,
the period upon which the most recent adjustment in such
retired and retainer pay was computed is not identical to the
period upon which the most recent adjustment in annuities under
subchapter III of chapter 83 of title 5, United States Code,
was computed, then the percentage increase to be made under
such section 1401a(b) at the time of the first such adjustment
shall be computed in the same manner as the percentage increase
made at the same time in annuities under subchapter III of
chapter 83 of title 5, United States Code, is computed, but
shall be based on the period beginning on the last day of the
period upon which the most recent adjustment in such retired
and retainer pay was computed and ending on the last day of the
period upon which the adjustment being made at the same time in
annuities under such subchapter III is computed. The President
shall by Executive order provide for a similar computation of
the adjustment in annuities paid under [the Central
Intelligence Agency Act of 1964 for Certain Employees (50
U.S.C. 403 note)] the Central Intelligence Agency Retirement
Act (50 U.S.C. 2001 et seq.) which is made at the same time as
the increase in retired and retainer pay to which the
preceeding sentence is applicable.
Sec. 1601 note (National Defense Authorization Act for Fiscal Year
2010, Sec. 1114(a))
SEC. 1114. PROVISIONS RELATING TO THE DEFENSE CIVILIAN
INTELLIGENCE PERSONNEL SYSTEM.
(a) Suspension of Certain Pay Authority.-- Effective with
respect to amounts paid during the period beginning on the date
of the enactment of this Act and ending on December 31, 2010,
rates of basic pay for employees and positions within any
element of the intelligence community (as defined by the
National Security Act of 1947 (50 U.S.C. 3001 et seq.))--
TITLE 12--BANKS AND BANKING
Sec. 3414(a)(5)(C) (Right to Financial Privacy Act of 1978,
Sec. 1114(a)(5)(C))
Sec. 1114. (a) (1) Nothing in this title (except sections
1115, 1117, 1118, and 1121) shall apply to the production and
disclosure of financial records pursuant to requests from--
* * *
(5)(A) Financial institutions, and officers, employees, and
agents thereof, shall comply with a request for a customer's or
entity's financial records made pursuant to this subsection by
the Federal Bureau of Investigation when the Director of the
Federal Bureau of Investigation (or the Director's designee in
a position not lower than Deputy Assistant Director at Bureau
headquarters or a Special Agent in Charge in a Bureau field
office designated by the Director) certifies in writing to the
financial institution that such records are sought for foreign
counter intelligence purposes to protect against international
terrorism or clandestine intelligence activities, provided that
such an investigation of a United States person is not
conducted solely upon the basis of activities protected by the
first amendment to the Constitution of the United States.
* * *
(C) On the dates provided in section 507 of the National
Security Act of 1947 (50 U.S.C. 3106), the Attorney General
shall fully inform the congressional intelligence committees
(as defined in section 3 of that Act [(50 U.S.C. 401a)] (50
U.S.C. 3003) concerning all requests made pursuant to this
paragraph.
TITLE 15--COMMERCE AND TRADE
Sec. 1681u(i)(2) (Fair Credit Reporting Act, Sec. 626(i)(2))
Sec. 626. Disclosures to FBI for counterintelligence purposes
* * *
(i) Reports to Congress.--(1) On a semiannual basis, the
Attorney General shall fully inform the Permanent Select
Committee on Intelligence and the Committee on Banking, Finance
and Urban Affairs of the House of Representatives, and the
Select Committee on Intelligence and the Committee on Banking,
Housing, and Urban Affairs of the Senate concerning all
requests made pursuant to subsections (a), (b), and (c) of this
section.
(2) In the case of the semiannual reports required to be
submitted under paragraph (1) to the Permanent Select Committee
on Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate, the submittal dates
for such reports shall be as provided in section 507 of the
National Security Act of 1947 (50 U.S.C. 3106).
Sec. 1681v(g)(2) (Fair Credit Reporting Act, Sec. 627(g)(2))
Sec. 627. Disclosures to governmental agencies for counterterrorism
purposes
* * *
(g) Reports to Congress.--(1) On a semi-annual basis, the
Attorney General shall fully inform the Committee on the
Judiciary, the Committee on Financial Services, and the
Permanent Select Committee on Intelligence of the House of
Representatives and the Committee on the Judiciary, the
Committee on Banking, Housing, and Urban Affairs, and the
Select Committee on Intelligence of the Senate concerning all
requests made pursuant to subsection (a).
(2) In the case of the semiannual reports required to be
submitted under paragraph (1) to the Permanent Select Committee
on Intelligence of the House of Representatives and the Select
Committee on Intelligence of the Senate, the submittal dates
for such reports shall be as provided in section 507 of the
National Security Act of 1947 [(50 U.S.C. 415b)] (50 U.SC.
3106).
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
Sec. 1510(e)
Sec. 1510. Obstruction of criminal investigations
* * *
(e) Whoever, having been notified of the applicable
disclosure prohibitions or confidentiality requirements of
section 2709(c)(1) of this title, section 626(d)(1) or
627(c)(1) of the Fair Credit Reporting Act (15 U.S.C.
1681u(d)(1) or 1681v(c)(1)), section 1114(a)(3)(A) or
1114(a)(5)(D)(i) of the Right to Financial Privacy Act(12
U.S.C. 3414(a)(3)(A) or 3414(a)(5)(D)(i)), or section 802(b)(1)
of the National Security Act of 1947 [(50 U.S.C. 436(b)(1))]
(50 U.S.C. 3162(b)(1)), knowingly and with the intent to
obstruct an investigation or judicial proceeding violates such
prohibitions or requirements applicable by law to such person
shall be imprisoned for not more than five years, fined under
this title, or both.
Sec. 2517(6)
Sec. 2517. Authorization for disclosure and use of intercepted wire,
oral, or electronic communications
* * *
(6) Any investigative or law enforcement officer, or attorney
for the Government, who by any means authorized by this
chapter, has obtained knowledge of the contents of any wire,
oral, or electronic communication, or evidence derived
therefrom, may disclose such contents to any other Federal law
enforcement, intelligence, protective, immigration, national
defense, or national security official to the extent that such
contents include foreign intelligence or counterintelligence
(as defined in section 3 of the National Security Act of 1947
[(50 U.S.C. 401a)] (50 U.S.C. 3003)), or foreign intelligence
information (as defined in subsection (19) of section 2510 of
this title), to assist the official who is to receive that
information in the performance of his official duties. Any
Federal official who receives information pursuant to this
provision may use that information only as necessary in the
conduct of that person's official duties subject to any
limitations on the unauthorized disclosure of such information.
Sec. 3239(2)
Sec. 3239. Optional venue for espionage and related offenses
The trial for any offense involving a violation, begun or
committed upon the high seas or elsewhere out of the
jurisdiction of any particular State or district, of--
* * *
(2) section 601 of the National Security Act of 1947
[(50 U.S.C. 421)] (50 U.S.C. 3121); or
Sec. 3511 note (USA PATRIOT Improvement and Reauthorization Act of
2005, Sec. 118(a))
REPORTS ON NATIONAL SECURITY LETTERS.
(a) Existing Reports.--Any report made to a committee of
Congress regarding national security letters under section
2709(c)(1) of title 18, United States Code, section 626(d) or
627(c) of the Fair Credit Reporting Act (15 U.S.C. 1681u(d) or
1681v(c)), section 1114(a)(3) or 1114(a)(5)(D) of the Right to
Financial Privacy Act (12 U.S.C. 3414(a)(3) or 3414(a)(5)(D)),
or section 802(b) of the National Security Act of 1947 [(50
U.S.C. 436(b))] (50 U.S.C. 3162(b)) shall also be made to the
Committees on the Judiciary of the House of Representatives and
the Senate.
TITLE 18--APPENDIX
Classified Information Procedures Act, Sec. 13(b)
Sec. 13. (a) Consistent with applicable authorities and
duties, including those conferred by the Constitution upon the
executive and legislative branches, the Attorney General shall
report orally or in writing semiannually to the Permanent
Select Committee on Intelligence of the United States House of
Representatives, the Select Committee on Intelligence of the
United States Senate, and the chairmen and ranking minority
members of the Committees on the Judiciary of the Senate and
House of Representatives on all cases where a decision not to
prosecute a violation of Federal law pursuant to section 12(a)
has been made.
(b) In the case of the semiannual reports (whether oral or
written) required to be submitted under subsection (a) to the
Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate, the submittal dates for such reports shall be as
provided in section 507 of the National Security Act of 1947
(50 U.S.C. 3106).
TITLE 19--CUSTOMS DUTIES
Sec. 2434 note (Russia and Moldova Jackson-Vanik Repeal and Sergei
Magnitsky Rule of Law Accountability Act of 2012,
Sec. 201(a)(2)(B) (matter before clause (i)))
SEC. 201. REPORTS ON IMPLEMENTATION BY THE RUSSIAN FEDERATION
OF OBLIGATIONS AS A MEMBER OF THE WORLD TRADE ORGANIZATION AND
ENFORCEMENT ACTIONS BY THE UNITED STATES TRADE REPRESENTATIVE.
(a) Reports on Implementation.--
* * *
(2) Plan for action by trade representative.--
* * *
(B) Classified information.--If any
information regarding a planned action referred
to in subparagraph (A) is classifiable under
Executive Order No. 13526 (75 Fed. Reg. 707;
relating to classified national security
information) (50 U.S.C. 3161 note) or a
subsequent Executive order, the Trade
Representative shall report that information to
the Committee on Finance of the Senate and the
Committee on Ways and Means of the House of
Representatives by--
TITLE 21--FOOD AND DRUGS
Sec. 873 note (Intelligence Authorization Act for Fiscal Year 2005,
Sec. 104(e)(3))
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
* * *
(e) National Drug Intelligence Center.--
* * *
(3) Limitation.--Amounts available for the National
Drug Intelligence Center may not be used in
contravention of the provisions of section 103(d)(1) of
the National Security Act of 1947 [(50 U.S.C. 403-
3(d)(1))] (50 U.S.C. 3025(d)(1)).
Sec. 1703(h) (Office of National Drug Control Policy Reauthorization
Act of 1998, Sec. 704(h))
SEC. 704. APPOINTMENT AND DUTIES OF DIRECTOR AND DEPUTY
DIRECTOR.
* * *
(h) Construction.--Nothing in this Act shall be construed as
derogating the authorities and responsibilities of the Director
of National Intelligence or the Director of the Central
Intelligence Agency contained in the National Security Act of
1947 [(50 U.S.C. 401 et seq.)] (50 U.S.C. 3001 et seq.), the
Central Intelligence Agency Act of 1949 [(50 U.S.C. 403a et
seq.)] (50 U.S.C. 3501 et seq.), or any other law.
Sec. 1704(a)(2)(A) (Office of National Drug Control Policy
Reauthorization Act of 1998, Sec. 705(a)(2)(A))
SEC. 705. COORDINATION WITH NATIONAL DRUG CONTROL PROGRAM
AGENCIES IN DEMAND REDUCTION, SUPPLY REDUCTION, AND STATE AND
LOCAL AFFAIRS.
(a) Access to Information.--
* * *
(2) Protection of intelligence information.--
(A) In general.--The authorities conferred on
the Office and the Director by this chapter
shall be exercised in a manner consistent with
provisions of the National Security Act of 1947
[(50 U.S.C. 401 et seq.)] (50 U.S.C. 3001 et
seq.). The Director of National Intelligence
shall prescribe such regulations as may be
necessary to protect information provided
pursuant to this chapter regarding intelligence
sources and methods.
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
Sec. 287b(d)(2) (United Nations Participation Act of 1945,
Sec. 4(d)(2))
Sec. 4. (a) Periodic Reports.--The President shall, from time
to time as occasion may require, but not less than once each
year, make reports to the Congress of the activities of the
United Nations and of the participation of the United States
therein.
* * *
(d) Consultations and Reports on United Nations Peacekeeping
Operations.--
* * *
(2) Information to be provided.-- In connection with
such consultations, the following information shall be
provided each month to the designated congressional
committees:
(A) With respect to ongoing United Nations
peacekeeping operations, the following:
* * *
(iv) Any anticipated significant
changes in United States participation
in or support for each such operation
during the period covered by the
resolution (including the provision of
facilities, training, transportation,
communication, and logistical support,
but not including intelligence
activities reportable under title V of
the National Security Act of 1947 [(50
U.S.C. 413 et seq.)] (50 U.S.C. 3091 et
seq.)), and the estimated costs to the
United States of such changes.
(B) With respect to each new United Nations
peacekeeping operation that is anticipated to
be authorized by a Security Council resolution
during such month, the following information
for the period covered by the resolution:
* * *
(iv) A description of any other
United States assistance to or support
for the operation (including the
provision of facilities, training,
transportation, communication, and
logistical support, but not including
intelligence activities reportable
under title V of the National Security
Act of 1947 [(50 U.S.C. 413 et seq.)]
(50 U.S.C. 3091 et seq.)), and an
estimate of the cost to the United
States of such assistance or support.
Sec. 1442a(a)(2) (United States Information and Educational Exchange
Act of 1948, Sec. 1012(a)(2))
SEC. 1012. NATIONAL SECURITY MEASURES.
(a) Restriction.-- In coordination with other appropriate
executive branch officials, the Secretary of State shall take
all appropriate steps to--
* * *
(2) ensure that no person who is involved in the
research, development, design, testing, evaluation, or
production of missiles or weapons of mass destruction
is a participant in any program of educational or
cultural exchange under this Act if such person is
employed by, or attached to, an entity within a country
that has been identified by any element of the United
States intelligence community (as defined by section
3(4) of the National Security Act of 1947 (50 U.S.C.
3003(4)) within the previous 5 years as having been
involved in the proliferation of missiles or weapons of
mass destruction; and
Sec. 2291(b)(2) (Foreign Assistance Act of 1961, Sec. 481(b)(2))
SEC. 481. POLICY, GENERAL AUTHORITIES, COORDINATION, FOREIGN
POLICY ACTIONS, DEFINITIONS, AND OTHER PROVISIONS.
* * *
(b) Coordination of All United States Antinarcotics
Assistance to Foreign Countries.--
* * *
(2) Rule of construction.-- Nothing contained in this
subsection or section 489(b) shall be construed to
limit or impair the authority or responsibility of any
other Federal agency with respect to law enforcement,
domestic security operations, or intelligence
activities as defined in Executive Order 12333 (50
U.S.C. 3001 note).
Sec. 2291-4(c)(2) (National Defense Authorization Act for Fiscal Year
1995, Sec. 1012(c)(2))
SEC. 1012. OFFICIAL IMMUNITY FOR AUTHORIZED EMPLOYEES AND
AGENTS OF THE UNITED STATES AND FOREIGN COUNTRIES ENGAGED IN
INTERDICTION OF AIRCRAFT USED IN ILLICIT DRUG TRAFFICKING.
* * *
(c) Annual Report.--(1) Except as provided in paragraph (2),
not later than February 1 each year, the President shall submit
to Congress a report on the assistance provided under
subsection (b) during the preceding calendar year. Each report
shall include for the calendar year covered by such report the
following:
* * *
(2) In the case of a report required to be submitted under
paragraph (1) to the congressional intelligence committees (as
defined in section 3 of the National Security Act of 1947 [50
U.S.C. 401a)] (50 U.S.C. 3003), the submittal date for such
report shall be as provided in section 507 of that Act (50
U.S.C. 3106).
Sec. 2349aa-7(c) (International Security and Development Cooperation
Act of 1985, Sec. 502(c))
SEC. 502. COORDINATION OF ALL UNITED STATES TERRORISM-RELATED
ASSISTANCE TO FOREIGN COUNTRIES
* * *
(c) Rule of Construction.--Nothing contained in this section
shall be construed to limit or impair the authority or
responsibility of any other Federal agency with respect to law
enforcement, domestic security operations, or intelligence
activities as defined in Executive Order 12333 (50 U.S.C. 3001
note).
Sec. 2415(b) (Foreign Assistance Act, Sec. 655(b) (matter before
paragraph (1)))
SEC. 655. ANNUAL REPORT ON MILITARY ASSISTANCE, MILITARY
EXPORTS, AND MILITARY IMPORTS
* * *
(b) Information Relating to Military Assistance and Military
Exports.--Each such report shall show the aggregate dollar
value and quantity of defense articles (including excess
defense articles), defense services, and international military
education and training activities authorized by the United
States and of such articles, services, and activities provided
by the United States, excluding any activity that is reportable
under title V of the National Security Act of 1947 (50 U.S.C.
3091 et seq.), to each foreign country and international
organization. The report shall specify, by category, whether
such defense articles--
Sec. 2652c note (Arms Control, Proliferation, and Security Assistance
Act of 1999, Sec. 1000(a)(7) [div. B, title XI,
Sec. 1102(4)])
SEC. 1102. DEFINITIONS.
In this title:
* * *
(4) Intelligence community.--The term ``intelligence
community'' has the meaning given the term in section
3(4) of the National Security Act of 1947 [(50 U.S.C.
401a(4))] (50 U.S.C. 3003(4)).
Sec. 2751 note (National Defense Authorization Act for Fiscal Year
1994, Sec. 1607(2))
SEC. 1607. DEFINITIONS.
For purposes of this subtitle:
* * *
(2) The term ``intelligence community'' has the
meaning given such term in section 3 of the National
Security Act of 1947 [(50 U.S.C. 401a)] (50 U.S.C.
3003).
Sec. 2753 note (Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1999, Sec. 101(d)
[div. A, title V, Sec. 594(d)])
Sec. 594. (a) No less than 15 days prior to the export to any
country identified pursuant to subparagraph (c) of any lethal
defense article or service in the amount of $14,000,000 or
less, the President shall provide a detailed notification to
the Committees on Appropriations and Foreign Relations of the
Senate and the Committees on Appropriations and International
Relations.
* * *
(d) Exclusions.--Information reportable under title V of the
National Security Act of 1947 (50 U.S.C. 3091 et seq.) is
excluded from the requirements of this section.
Sec. 2776(a)(10) (matter after subparagraph (B)) (Arms Export Control
Act, Sec. 36(a)(10) (matter after subparagraph
(B)))
Sec. 36. Reports on Commercial and Governmental Military
Exports.--(a) The President shall transmit to the Speaker of
the House of Representatives, the Committee on Foreign Affairs
of the House of Representatives, and to the chairman of the
Committee on Foreign Relations of the Senate not more than
sixty days after the end of each quarter an unclassified report
(except that any material which was transmitted in classified
form under subsection (b)(1) or (c)(1) of this section may be
contained in a classified addendum to such report, and any
letter of offer referred to in paragraph (1) of this subsection
may be listed in such addendum unless such letter of offer has
been the subject of an unclassified certification pursuant to
subsection (b)(1) of this section, and any information provided
under paragraph (11) of this subsection may also be provided in
a classified addendum) containing--
* * *
(10) a listing of all munitions items (as defined in
section 2780(l)(1) of this title) which were sold,
leased, or otherwise transferred by the Department of
Defense to any other department, agency, or other
entity of the United States Government during the
quarter for which such report is submitted (including
the name of the recipient Government entity and a
discussion of what that entity will do with those
munitions items) if--
* * *
(B) the value of all munitions items
transferred to that Government department,
agency, or other entity during that quarter was
$250,000 or more;
excluding munitions items transferred (i) for
disposition or use solely within the United States, or
(ii) for use in connection with intelligence activities
subject to reporting requirements under title V of the
National Security Act of 1947 ([50 U.S.C. 413 et seq.]
50 U.S.C. 3091 et seq.; relating to congressional
oversight of intelligence activities);
Sec. 2778(g)(1)(A)(x) (Arms Export Control Act, Sec. 38(g)(1)(A)(x))
Sec. 38. Control of Arms Exports and Imports.--(a)(1) In
furtherance of world peace and the security and foreign policy
of the United States, the President is authorized to control
the import and the export of defense articles and defense
services and to provide foreign policy guidance to persons of
the United States involved in the export and import of such
articles and services. The President is authorized to designate
those items which shall be considered as defense articles and
defense services for the purposes of this section and to
promulgate regulations for the import and export of such
articles and services. The items so designated shall constitute
the United States Munitions List.
* * *
(g)(1) The President shall develop appropriate mechanisms to
identify, in connection with the export licensing process under
this section--
(A) persons who are the subject of an indictment for,
or have been convicted of, a violation under--
* * *
(x) section 601 of the National Security Act
of 1947 (relating to intelligence identities
protection; [50 U.S.C. 421] 50 U.S.C. 3121),
Sec. 2778 note (National Defense Authorization Act for Fiscal Year
2000, title XIV)
SEC. 1411. ENHANCED INTELLIGENCE CONSULTATION ON SATELLITE
LICENSE APPLICATIONS.
* * *
(c) Intelligence Community Defined.--In this section, the
term ``intelligence community'' has the meaning given that term
in section 3(4) of the National Security Act of 1947 [(50
U.S.C. 401a(4))] (50 U.S.C. 3003(4)).
SEC. 1412. INVESTIGATIONS OF VIOLATIONS OF EXPORT CONTROLS BY
UNITED STATES SATELLITE MANUFACTURERS.
* * *
(f) Statutory Construction.--Nothing in this section shall be
construed to modify or supersede any other requirement to
report information on intelligence activities to Congress,
including the requirement under section 501 of the National
Security Act of 1947 [(50 U.S.C. 413)] (50 U.S.C. 3091).
Sec. 2780(h) (Arms Export Control Act, Sec. 40(h))
SEC. 40. EXPORTS TO COUNTRIES SUPPORTING ACTS OF INTERNATIONAL
TERRORISM.
* * *
(h) Exemption for Transactions Subject to National Security
Act Reporting Requirements.--The prohibitions contained in this
section do not apply with respect to any transaction subject to
reporting requirements under title V of the National Security
Act of 1947 ([50 U.S.C. 413 et seq.] 50 U.S.C. 3091 et seq.;
relating to congressional oversight of intelligence
activities).
Sec. 2799aa-1(b)(2) (Arms Export Control Act, Sec. 102(b)(2))
SEC. 102. NUCLEAR REPROCESSING TRANSFERS, ILLEGAL EXPORTS FOR
NUCLEAR EXPLOSIVE DEVICES, TRANSFERS OF NUCLEAR EXPLOSIVE
DEVICES, AND NUCLEAR DETONATIONS.
* * *
(b) Prohibitions on Assistance to Countries Involved in
Transfer or Use of Nuclear Explosive Devices; Exceptions;
Procedures Applicable.--(1) Except as provided in paragraphs
(4), (5), and (6), in the event that the President determines
that any country, after the effective date of part B of the
Nuclear Proliferation Prevention Act of 1994--
* * *
(2) The sanctions referred to in paragraph (1) are as
follows:
* * *
(D) The United States Government shall deny to that
country any credit, credit guarantees, or other
financial assistance by any department, agency, or
instrumentality of the United States Government, except
that the sanction of this subparagraph shall not
apply--
(i) to any transaction subject to the
reporting requirements of title V of the
National Security Act of 1947 [(relating] (50
U.S.C. 3091 et seq.; relating to congressional
oversight of intelligence activities),
* * *
(G) The authorities of section 6 of the Export
Administration Act of 1979 shall be used to prohibit
exports to that country of specific goods and
technology (excluding food and other agricultural
commodities), except that such prohibition shall not
apply to any transaction subject to the reporting
requirements of title V of the National Security Act of
1947 [(relating] (50 U.S.C. 3091 et seq.; relating to
congressional oversight of intelligence activities).
Sec. 4805(b) (Omnibus Diplomatic Security and Antiterrorism Act of
1986, Sec. 106(b))
SEC. 106. COOPERATION OF OTHER FEDERAL AGENCIES.
* * *
(b) Other Agencies.--Nothing contained in this chapter shall
be construed to limit or impair the authority or responsibility
of any other Federal, State, or local agency with respect to
law enforcement, domestic security operations, or intelligence
activities as defined in Executive Order 12333 (50 U.S.C. 3001
note).
Sec. 4861 note (Intelligence Authorization Act for Fiscal Year 2003,
Sec. 832(c))
SEC. 832. EVALUATION OF POLICIES AND PROCEDURES OF DEPARTMENT
OF STATE ON PROTECTION OF CLASSIFIED INFORMATION AT DEPARTMENT
HEADQUARTERS.
* * *
(c) Exception.--The date each year for the submittal of a
report under subsection (b) may be postponed in accordance with
section 507(d) of the National Security Act of 1947 (50 U.S.C.
3106(d)), as added by section 811 of this Act.
Sec. 6402(14) (International Religious Freedom Act, Sec. 3(14))
SEC. 3. DEFINITIONS.
In this Act:
* * *
(14) Special adviser.--The term ``Special Adviser''
means the Special Adviser to the President on
International Religious Freedom described in [section
101(i) of the National Security Act of 1947, as added
by section 301 of this Act] section 101(f) of the
National Security Act of 1947 (50 U.S.C. 3021(f)).
Sec. 8425(c)(1) (Enhanced Partnership with Pakistan Act of 2009,
Sec. 205(c)(1))
SEC. 205. REQUIREMENTS FOR CIVILIAN CONTROL OF CERTAIN
ASSISTANCE.
* * *
(c) Application to certain activities.--Nothing in this
section shall apply with respect to--
(1) any activities subject to reporting requirements
under title V of the National Security Act of 1947 [(50
U.S.C. 413 et seq.)] (50 U.S.C. 3091 et seq.);
Sec. 8711(2)(A) (Iran Threat Reduction and Syria Human Rights Act of
2012, Sec. 101(2)(A))
SEC. 101. SENSE OF CONGRESS ON ENFORCEMENT OF MULTILATERAL
SANCTIONS REGIME AND EXPANSION AND IMPLEMANTATION OF SANCTIONS
LAWS.
It is the sense of Congress that the goal of compelling Iran
to abandon efforts to acquire a nuclear weapons capability and
other threatening activities can be effectively achieved
through a comprehensive policy that includes economic
sanctions, diplomacy, and military planning, capabilities and
options, and that this objective is consistent with the one
stated by President Barack Obama in the 2012 State of the Union
Address: ``Let there be no doubt: America is determined to
prevent Iran from getting a nuclear weapon, and I will take no
options off the table to achieve that goal''. Among the
economic measures to be taken are--
* * *
(2) full, timely, and vigorous implementation of all
sanctions enacted into law, including sanctions imposed
or expanded by this Act or amendments made by this Act,
through
(A) intensified monitoring by the President
and the designees of the President, including
the Secretary of the Treasury, the Secretary of
State, and senior officials in the intelligence
community (as defined in section 3(4) of the
National Security Act of 1947 [(50 U.S.C.
401a(4))] (50 U.S.C. 3003(4)), as appropriate;
Sec. 8743(b)(1) (Iran Threat Reduction and Syria Human Rights Act of
2012, Sec. 303(b)(1))
SEC. 303. IDENTIFICATION OF, AND IMPOSITION OF MEASURES WITH
RESPECT TO, FOREIGN GOVERNMENT AGENCIES CARRYING OUT ACTIVITIES
OR TRANSACTIONS WITH CERTAIN IRAN-AFFILIATED PERSONS.
* * *
(b) Imposition of Measures.--
(1) In general.--The President may impose any of the
following measures with respect to an agency identified
pursuant to subsection (a) if the President determines
that the assistance, exports, or other support to be
prohibited by reason of the imposition of the measures
have contributed and would otherwise directly or
indirectly contribute to the agency's capability to
continue the activities or transactions for which the
agency has been identified pursuant to subsection (a):
* * *
(D) No exports may be permitted to the agency
of any goods or technologies controlled for
national security reasons under the Export
Administration Regulations, except that such
prohibition shall not apply to any transaction
subject to the reporting requirements of title
V of the National Security Act of 1947 ([50
U.S.C. 413 et seq.] 50 U.S.C. 3091 et seq.;
relating to congressional oversight of
intelligence activities).
* * *
(F) The United States shall deny to the
agency any credit or financial assistance by
any department, agency, or instrumentality of
the United States Government, except that this
paragraph shall not apply--
(i) to any transaction subject to the
reporting requirements of title V of
the National Security Act of 1947 ([50
U.S.C. 413 et seq.] 50 U.S.C. 3091 et
seq.; relating to congressional
oversight of intelligence activities);
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
Sec. 532 note (National Security Intelligence Reform Act of 2004,
Sec. 2002(c)(2))
SEC. 2002. DIRECTORATE OF INTELLIGENCE OF THE FEDERAL BUREAU OF
INVESTIGATION.
* * *
(c) Responsibilities.--The Directorate of Intelligence shall
be responsible for the following:
* * *
(2) The discharge by the Bureau of the requirements
in section 105B of the National Security Act of 1947
[(50 U.S.C. 403-5b)] (50 U.S.C. 3040).
Sec. 532 note (Intelligence Authorization Act, Fiscal Year 1992,
Sec. 501(a))
SEC. 501. FBI CRITICAL SKILLS SCHOLARSHIP PROGRAM.
(a) Study.--The Director of the Federal Bureau of
Investigation shall conduct a study relative to the
establishment of an undergraduate training program with respect
to employees of the Federal Bureau of Investigation that is
similar in purpose, conditions, content, and administration to
undergraduate training programs administered by the Central
Intelligence Agency (under section 8 of the Central
Intelligence Agency Act of 1949 [(50 U.S.C. 403j)] (50 U.S.C.
3510)), the National Security Agency (under section 16 of the
National Security Agency Act of 1959 [(50 U.S.C. 402 (note))]
(50 U.S.C. 3614)), and the Defense Intelligence Agency (under
section 1608 of title 10, United States Code).
TITLE 31--MONEY AND FINANCE
Sec. 311(a)(2)
Sec. 311. Office of Intelligence and Analysis
(a) Establishment.--There is established within the
Department of the Treasury, the Office of Intelligence and
Analysis (in this section referred to as the ``Office''), which
shall--
* * *
(2) be responsible for the receipt, analysis,
collation, and dissemination of foreign intelligence
and foreign counterintelligence information (within the
meaning of section 3 of the National Security Act of
1947 [(50 U.S.C. 401a)] (50 U.S.C. 3003)) related to
the operation and responsibilities of the Department of
the Treasury; and
Sec. 1113 note (National Defense Authorization Act for Fiscal Year
2000, Sec. 1031(25))
SEC. 1031. PRESERVATION OF CERTAIN DEFENSE REPORTING
REQUIREMENTS.
Section 3003(a)(1) of the Federal Reports Elimination and
Sunset Act of 1995 [Pub. L. 10466] (31 U.S.C. 1113 note) does
not apply to any report required to be submitted under any of
the following provisions of law:
* * *
(25) Section 108 of the National Security Act of 1947
[(50 U.S.C. 404a)] (50 U.S.C. 3043).
Sec. 1113 note (Federal Reports Elimination and Sunset Act of 1995,
Sec. 3003(d)(18))
SEC. 3003. TERMINATION OF REPORTING REQUIREMENTS.
* * *
(d) Specific Reports Exempted.--Subsection (a)(1) shall not
apply to any report required under--
* * *
(18) section 108 of the National Security Act of 1947
[(50 U.S.C. 404a)] (50 U.S.C. 3043);
Sec. 1343 note (Department of Defense Appropriations Act, 1994,
Sec. 8105)
Sec. 8105. During the current fiscal year and thereafter,
monetary limitations on the purchase price of a passenger motor
vehicle shall not apply to vehicles purchased for intelligence
activities conducted pursuant to Executive Order 12333 (50
U.S.C. 3001 note) or successor orders.
Sec. 1344(c)
Sec. 1344. Passenger carrier use
* * *
(c) A passenger carrier may be used to transport between
residence and place of employment any person for whom
protection is specifically authorized pursuant to section
3056(a) of title 18 or for whom transportation is authorized
pursuant to section 28 of the State Department Basic
Authorities Act of 1956, section 2637 of title 10, or section
8(a)(1) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3510(a)(1)).
Sec. 3524
Sec. 3524. Auditing expenditures approved without vouchers
* * *
(d) This section does not--
* * *
(2) affect authority under section 8(b) of the
Central Intelligence Agency Act of 1949 [(50 U.S.C.
403j(b))] (50 U.S.C. 3510(b)).
(e) Information about a financial transaction exempt under
subsection (c) of this section or a financial transaction under
section 8(b) of the Central Intelligence Agency Act of 1949
[(50 U.S.C. 403j(b))] (50 U.S.C. 3510(b)) may be reviewed by
the Permanent Select Committee on Intelligence of the House and
the Select Committee on Intelligence of the Senate.
TITLE 41--PUBLIC CONTRACTS
Sec. 2304(c)(1)
Sec. 2304. Conflict of interest standards for consultants
* * *
(c) Intelligence Activities Exemption.--
(1) Activities that may be exempt.--Intelligence
activities as defined in section 3.4(e) of Executive
Order No. 12333 (50 U.S.C. 3001 note) or a comparable
definitional section in any successor order may be
exempt from the regulations required by subsection (a).
Sec. 4712(f)(1)
Sec. 4712. Pilot program for enhancement of contractor protection from
reprisal for disclosure of certain information
* * *
(f) Exceptions.--(1) This section shall not apply to any
element of the intelligence community, as defined in section
3(4) of the National Security Act of 1947 [(50 U.S.C. 401a(4))]
(50 U.S.C. 3003(4)).
TITLE 42--THE PUBLIC HEALTH AND WELFARE
Sec. 2000ee-3(c)(3)(B)(i) (Federal Agency Data Mining Reporting Act of
2007, subsection (c)(3)(B)(i))
SEC. 804. FEDERAL AGENCY DATA MINING REPORTING ACT OF 2007.
* * *
(c) Reports on data mining activities by Federal agencies.--
* * *
(3) Annex.-
* * *
(B) Availability.-- Any annex described in
clause (i)--
(i) shall be available, as
appropriate, and consistent with the
National Security Act of 1947 [(50
U.S.C. 401 et seq.)] (50 U.S.C. 3001 et
seq.), to the Committee on Homeland
Security and Governmental Affairs, the
Committee on the Judiciary, the Select
Committee on Intelligence, the
Committee on Appropriations, and the
Committee on Banking, Housing, and
Urban Affairs of the Senate and the
Committee on Homeland Security, the
Committee on the Judiciary, the
Permanent Select Committee on
Intelligence, the Committee on
Appropriations, and the Committee on
Financial Services of the House of
Representatives; and
Sec. 17373(k) (Energy Independence and Security Act of 2007,
Sec. 934(k))
SEC. 934. CONVENTION ON SUPPLEMENTARY COMPENSATION FOR NUCLEAR
DAMAGE CONTINGENT COST ALLOCATION.
* * *
(k) Protection of Sensitive United States Information.--
Nothing in the Convention or this section requires the
disclosure of--
* * *
(2) information relating to intelligence sources or
methods protected by section 102A(i) of the National
Security Act of 1950 [(50 U.S.C. 403-1(i))] (50 U.S.C.
3024(i)); or
(3) national security information classified under
Executive Order 12958 ([50 U.S.C. 435 note] 50 U.S.C.
3161 note; relating to classified national security
information) (or a successor Executive Order or
regulation).
TITLE 44--PUBLIC PRINTING AND DOCUMENTS
Sec. 2107 note (President John F. Kennedy Assassination Records
Collection Act of 1992, Sec. 2(a)(6))
SEC. 2. FINDINGS, DECLARATIONS, AND PURPOSES.
(a) Findings and Declarations.--The Congress finds and
declares that.--
* * *
(6) legislation is necessary because Executive Order
No. 12356 (50 U.S.C. 3161 note), entitled ``National
Security Information'' has eliminated the
declassification and downgrading schedules relating to
classified information across government and has
prevented the timely public disclosure of records
relating to the assassination of President John F.
Kennedy; and
TITLE 50--WAR AND NATIONAL DEFENSE
Sec. 1526(b) (Arms Control, Nonproliferation, and Security Assistance
Act of 1999, Sec. 1000(a)(7) [div. B, title XI,
Sec. 1132(b)])
SEC. 1132. EFFECTIVE USE OF RESOURCES FOR NONPROLIFERATION
PROGRAMS.
* * *
(b) Exception.--The prohibition contained in subsection (a)
of this section shall not apply to any activity conducted
pursuant to title V of the National Security Act of 1947 [(50
U.S.C. 413 et seq.)] (50 U.S.C. 3091 et seq.).
Sec. 1701 note (Iran Sanctions Act of 1996, Sec. 12)
SEC. 12. EXCLUSION OF CERTAIN ACTIVITIES.
Nothing in this Act shall apply to any activities subject to
the reporting requirements of title V of the National Security
Act of 1947 (50 U.S.C. 3091 et seq.).
Sec. 1801 note (Foreign Intelligence Surveillance Act of 1978
Amendments Act of 2008, Sec. 404(b)(5))
SEC. 404. TRANSITION PROCEDURES.
* * *
(b) Transition Procedures for FISA Amendments Act of 2008
Provisions.--
* * *
(5) Transition procedures concerning the targeting of
united states persons overseas.--Any authorization in
effect on the date of enactment of this Act under
section 2.5 of Executive Order 12333 (50 U.S.C. 3001
note) to intentionally target a United States person
reasonably believed to be located outside the United
States shall continue in effect, and shall constitute a
sufficient basis for conducting such an acquisition
targeting a United States person located outside the
United States until the earlier of--
Sec. 1906(a)(3) (National Security Education Act of 1991,
Sec. 806(a)(3))
SEC. 806. ANNUAL REPORT.
(a) Annual Report.--(1) The Secretary shall submit to the
President and to the congressional intelligence committees an
annual report of the conduct of the program required by this
title.
* * *
(3) The report submitted to the congressional intelligence
committees shall be submitted on the date provided in section
507 of the National Security Act of 1947 (50 U.S.C. 3106).
Sec. 2001 note (Public Law 94-522, Sec. 214(c))
Sec. 214. (a) An annuity payable from the Central
Intelligence Agency Retirement and Disability Fund to an
annuitant which is based on a separation occurring prior to
October 20, 1969, is increased by $240 per annum.
* * *
(c) The monthly rate of an annuity resulting from an
increase under this section shall be considered as the monthly
rate of annuity payable under section 221(a) of the Central
Intelligence Agency Retirement Act of 1964 for Certain
Employees, as amended (78 Stat. 1043[; 50 U.S.C. 403 note)] for
purposes of computing the minimum annuity under new section
221(l) of the Act, as added by section 204 of this Act.
Sec. 2011(c) (Central Intelligence Agency Retirement Act, Sec. 201(c))
SEC. 201. THE CIARDS SYSTEM.
* * *
(c) Finality of Decisions of DCI.--In the interests of the
security of the foreign intelligence activities of the United
States and in order further to implement section 102A(i) of the
National Security Act of 1947 [(50 U.S.C. 403-3(c)(1))] (50
U.S.C. 3024(i)) that the Director of National Intelligence
shall be responsible for protecting intelligence sources and
methods from unauthorized disclosure, and notwithstanding the
provisions of chapter 7 of title 5 or any other provision of
law (except section 305(b) of this Act), any determination by
the Director authorized by this Act shall be final and
conclusive and shall not be subject to review by any court.
Sec. 2032 note (Intelligence Authorization Act for Fiscal Year 1994,
Sec. 203(e)(2))
SEC. 203. SURVIVOR ANNUITY, RETIREMENT ANNUITY, AND HEALTH
BENEFITS FOR CERTAIN EX-SPOUSES OF CENTRAL INTELLIGENCE AGENCY
EMPLOYEES.
* * *
(e) Effective Date.--
* * *
(2) Section 16(d) of the Central Intelligence Agency
Act of 1949 (50 U.S.C. 3516(d)) (as added by subsection
(c) of this section) shall apply to individuals
beginning on the date of enactment of this Act.
Sec. 2144 (Central Intelligence Agency Retirement Act, Sec. 295)
SEC. 295. PAYMENTS FROM CIARDS FUND FOR PORTIONS OF CERTAIN
CIVIL SERVICE RETIREMENT SYSTEM ANNUITIES.
The amount of the increase in any annuity that results from
the application of section 18 of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 3518), if and when such increase
is based on an individual's overseas service as an employee of
the Central Intelligence Agency, shall be paid from the fund.
Sec. 2357f(2) (Nonproliferation Assistance Coordination Act of 2002,
Sec. 1338(2))
SEC. 1338. STATUTORY CONSTRUCTION.
Nothing in this subtitle--
* * *
(2) applies to any activity that is reportable
pursuant to title V of the National Security Act of
1947 [(50 U.S.C. 413 et seq.)] (50 U.S.C. 3091 et
seq.).
Sec. 2367(d)(2) (National Defense Authorization Act for Fiscal Year
1998, Sec. 234(d)(2))
SEC. 234. REPORTS ON ACQUISITION OF TECHNOLOGY RELATING TO
WEAPONS OF MASS DESTRUCTION AND THE THREAT POSED BY WEAPONS OF
MASS DESTRUCTION, BALLISTIC MISSILES, AND CRUISE MISSILES.
* * *
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
* * *
(2) The congressional intelligence committees (as
defined in section 3 of the National Security Act of
1947 [(50 U.S.C. 401a)] (50 U.S.C. 3003)).
Sec. 2471(3) (National Nuclear Security Administration Act,
Sec. 3281(3))
SEC. 3281. DEFINITIONS.
For purposes of this title:
* * *
(3) The term ``classified information'' means any
information that has been determined pursuant to
Executive Order No. 12333 of December 4, 1981 [(50
U.S.C. 401 note)] (50 U.S.C. 3001 note), Executive
Order No. 12958 of April 17, 1995 [(50 U.S.C. 435
note)] (50 U.S.C. 3161 note), or successor orders, to
require protection against unauthorized disclosure and
that is so designated.
Sec. 3001 note (National Security Intelligence Reform Act of 2004,
title I, subtitle H, Sec. Sec. 1091(b), 1092(b),
1097(b)(3))
SEC. 1091. TRANSFER OF COMMUNITY MANAGEMENT STAFF.
* * *
(b) Administration.--The Director of National Intelligence
shall administer the Community Management Staff after the date
of the enactment of this Act as a component of the Office of
the Director of National Intelligence under section 103 of the
National Security Act of 1947 (50 U.S.C. 3025), as amended by
section 1011(a) of this Act.
SEC. 1092. TRANSFER OF TERRORIST THREAT INTEGRATION CENTER.
* * *
(b) Administration.--The Director of the National
Counterterrorism Center shall administer the Terrorist Threat
Integration Center after the date of the enactment of this Act
as a component of the Directorate of Intelligence of the
National Counterterrorism Center under section 119(i) of the
National Security Act of 1947 (50 U.S.C. 3056(i)), as added by
section 1021(a) of this Act.
* * *
SEC. 1097. EFFECTIVE DATES.
* * *
(b) Specific Effective Dates.--(1)(A) Not later than 60 days
after the date of the appointment of the first Director of
National Intelligence, the Director of National Intelligence
shall first appoint individuals to positions within the Office
of the Director of National Intelligence.
* * *
(3) Not later than one year after the date of the enactment
of this Act, the Director of National Intelligence shall
prescribe regulations, policies, procedures, standards, and
guidelines required under section 102A of the National Security
Act of 1947 (50 U.S.C. 3024), as amended by section 1011(a) of
this Act.
Sec. 3001 note (Intelligence Authorization Act for Fiscal Year 2005,
Sec. 803)
SEC. 803. SAVINGS PROVISIONS RELATING TO DISCHARGE OF CERTAIN
FUNCTIONS AND AUTHORITIES.
(a) Head of Intelligence Community.--(1) During the period
beginning on the date of the enactment of this Act and ending
on the date of the appointment of the Director of National
Intelligence under section 102 of the National Security Act of
1947 (50 U.S.C. 3023), as amended by section 1011(a) of the
National Security Intelligence Reform Act of 2004, the Director
of Central Intelligence may, acting as the head of the
intelligence community, discharge the functions and authorities
provided in this Act, and the amendments made by this Act, to
the Director of National Intelligence.
* * *
(3) Upon the appointment of an individual as Director of
National Intelligence under section 102 of the National
Security Act of 1947 (50 U.S.C. 3023), as so amended, any
reference in this Act, or in the classified annex to accompany
this Act, to the Director of Central Intelligence as head of
the intelligence community shall be deemed to be a reference to
the Director of National Intelligence.
(b) Head of Central Intelligence Agency.--(1) During the
period beginning on the date of the enactment of this Act and
ending on the date of the appointment of the Director of the
Central Intelligence Agency under section 104A of the National
Security Act of 1947 (50 U.S.C. 3036), as amended by section
1011(a) of the National Security Intelligence Reform Act of
2004, the Director of Central Intelligence may, acting as the
head of the Central Intelligence Agency, discharge the
functions and authorities provided in this Act, and the
amendments made by this Act, to the Director of the Central
Intelligence Agency.
(2) Upon the appointment of an individual as Director of the
Central Intelligence Agency under section 104A of the National
Security Act of 1947 (50 U.S.C. 3036), as so amended, any
reference in this Act, or in the classified annex to accompany
this Act, to the Director of Central Intelligence as head of
the Central Intelligence Agency shall be deemed to be a
reference to the Director of the Central Intelligence Agency.
Sec. 3003 note (Intelligence Authorization Act for Fiscal Year 2012,
Sec. 2(2))
SEC. 2. DEFINITIONS.
In this Act:
* * *
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section
3(4) of the National Security Act of 1947 [(50 U.S.C.
401a(4))] (50 U.S.C. 3003(4)).
Sec. 3003 note (Intelligence Authorization Act for Fiscal Year 2011,
Sec. 2(2))
SEC. 2. DEFINITIONS.
In this Act:
* * *
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section
3(4) of the National Security Act of 1947 [(50 U.S.C.
401a(4))] (50 U.S.C. 3003(4)).
Sec. 3003 note (Intelligence Authorization Act for Fiscal Year 2010,
Sec. 2(2))
SEC. 2. DEFINITIONS.
In this Act:
* * *
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section
3(4) of the National Security Act of 1947 [(50 U.S.C.
401a(4))] (50 U.S.C. 3003(4)).
Sec. 3024 (National Security Act of 1947, Sec. 102A)
Sec. 102A. (a) Provision of Intelligence.--The Director of
National Intelligence shall be responsible for ensuring that
national intelligence is provided--
* * *
(m) Additional Authority With Respect to Personnel.--(1) In
addition to the authorities under subsection (f)(3), the
Director of National Intelligence may exercise with respect to
the personnel of the Office of the Director of National
Intelligence any authority of the Director of the Central
Intelligence Agency with respect to the personnel of the
Central Intelligence Agency under the Central Intelligence
Agency Act of 1949 [(50 U.S.C. 403a et seq.)] (50 U.S.C. 3501
et seq.), and other applicable provisions of law, as of the
date of enactment of this subsection to the same extent, and
subject to the same conditions and limitations, that the
Director of the Central Intelligence Agency may exercise such
authority with respect to personnel of the Central Intelligence
Agency.
(2) Employees and applicants for employment of the Office of
the Director of National Intelligence shall have the same
rights and protections under the Office of the Director of
National Intelligence as employees of the Central Intelligence
Agency have under the Central Intelligence Agency Act of 1949
(50 U.S.C. 3501 et seq.), and other applicable provisions of
law, as of the date of enactment of this subsection.
(n) Acquisition and other authorities.--(1) In carrying out
the responsibilities and authorities under this section, the
Director of National Intelligence may exercise the acquisition
and appropriations authorities referred to in the Central
Intelligence Agency Act of 1949 [(50 U.S.C. 403a et seq.)] (50
U.S.C. 3501 et seq.) other than the authorities referred to in
section 8(b) of that Act ([50 U.S.C. 403j(b)] 50 U.S.C.
3510(b)).
* * *
(3)(A) Any determination or decision to be made under an
authority referred to in paragraph (1) by the head of an agency
may be made with respect to individual purchases and contracts
or with respect to classes of purchases or contracts, and shall
be final.
* * *
(C) The limitations and conditions set forth in section 3(d)
of the Central Intelligence Agency Act of 1949 [(50 U.S.C.
403c(d))] (50 U.S.C. 3503(d)) shall apply to the exercise by
the Director of National Intelligence of an authority referred
to in paragraph (1).
(D) Each determination or decision required by an authority
referred to in the second sentence of section 3(d) of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 3503(d))
shall be based upon written findings made by the official
making such determination or decision, which findings shall be
final and shall be available within the Office of the Director
of National Intelligence for a period of at least six years
following the date of such determination or decision.
(4)(A) In addition to the authority referred to in paragraph
(1), the Director of National Intelligence may authorize the
head of an element of the intelligence community to exercise an
acquisition authority referred to in section 3 or 8(a) of the
Central Intelligence Agency Act of 1949 [(50 U.S.C. 403c and
403j(a))] (50 U.S.C. 3503 and 3510(a)) for an acquisition by
such element that is more than 50 percent funded under the
National Intelligence Program.
* * *
(I) Nothing in this paragraph may be construed to alter or
otherwise limit the authority of the Central Intelligence
Agency to independently exercise an authority under section 3
or 8(a) of the Central Intelligence Agency Act of 1949 [(50
U.S.C. 403c and 403j(a))] (50 U.S.C. 3503 and 3510(a)).
* * *
(t) Award of Rank to Members of the Senior National
Intelligence Service.--(1) The President, based on the
recommendation of the Director of National Intelligence, may
award a rank to a member of the Senior National Intelligence
Service or other intelligence community senior civilian officer
not already covered by such a rank award program in the same
manner in which a career appointee of an agency may be awarded
a rank under section 4507 of title 5, United States Code.
(2) The President may establish procedures to award a rank
under paragraph (1) to a member of the Senior National
Intelligence Service or a senior civilian officer of the
intelligence community whose identity as such a member or
officer is classified information ([as defined in section
606(1)] as defined in section 605(1)).
Sec. 3024 note (National Security Intelligence Reform Act of 2004,
Sec. 1013(b))
SEC. 1013. JOINT PROCEDURES FOR OPERATIONAL COORDINATION
BETWEEN DEPARTMENT OF DEFENSE AND CENTRAL INTELLIGENCE AGENCY.
* * *
(b) Implementation Report.--Not later than 180 days after
the date of the enactment of the Act, the Director of National
Intelligence shall submit to the congressional defense
committees (as defined in section 101 of title 10, United
States Code) and the congressional intelligence committees (as
defined in section 3(7) of the National Security Act of 1947
[(50 U.S.C. 401a(7))] (50 U.S.C. 3003(7)) a report describing
the procedures established pursuant to subsection (a) and the
status of the implementation of those procedures.
Sec. 3025 (National Security Act of 1947, Sec. 103)
Sec. 103. (a) Office of the Director of National
Intelligence.--There is an Office of the Director of National
Intelligence.
* * *
(d) Staff.--(1) To assist the Director of National
Intelligence in fulfilling the duties and responsibilities of
the Director, the Director shall employ and utilize in the
Office of the Director of National Intelligence a professional
staff having an expertise in matters relating to such duties
and responsibilities, and may establish permanent positions and
appropriate rates of pay with respect to that staff.
(2) The staff of the Office of the Director of National
Intelligence under paragraph (1) shall include the staff of the
Office of the Deputy Director of Central Intelligence for
Community Management that is transferred to the Office of the
Director of National Intelligence under section 1091 of the
National Security Intelligence Reform Act of 2004 (Public Law
108-458, title I, 50 U.S.C. 3001 note).
(e) Temporary Filling of Vacancies.--With respect to filling
temporarily a vacancy in an office within the Office of the
Director of National Intelligence (other than that of the
Director of National Intelligence), section 3345(a)(3) of title
5, United States Code, may be applied--
(1) in the matter preceding subparagraph (A), by
substituting ``an element of the intelligence
community, as that term is defined in section 3(4) of
the National Security Act of 1947 [(50 U.S.C. 401a(4))]
(50 U.S.C. 3003(4)),'' for ``such Executive agency'';
and
Sec. 3033(k)(5)(H) (National Security Act of 1947, Sec. 103H(k)(5)(H))
Sec. 103H. (a) Office of Inspector General of the
Intelligence Community.--There is within the Office of the
Director of National Intelligence an Office of the Inspector
General of the Intelligence Community.
* * *
(k) Reports.--(1)(A) The Inspector General of the
Intelligence Community shall, not later than October 31 and
April 30 of each year, prepare and submit to the Director of
National Intelligence a classified, and, as appropriate,
unclassified semiannual report summarizing the activities of
the Office of the Inspector General of the Intelligence
Community during the immediately preceding 6-month period
ending September 30 and March 31, respectively. The Inspector
General of the Intelligence Community shall provide any portion
of the report involving a component of a department of the
United States Government to the head of that department
simultaneously with submission of the report to the Director of
National Intelligence.
* * *
(5)(A) An employee of an element of the intelligence
community, an employee assigned or detailed to an element of
the intelligence community, or an employee of a contractor to
the intelligence community who intends to report to Congress a
complaint or information with respect to an urgent concern may
report such complaint or information to the Inspector General.
* * *
(H) Nothing in this section shall be construed to limit the
protections afforded to an employee under section 17(d) of the
Central Intelligence Agency Act of 1949 [(50 U.S.C. 403q(d))]
(50 U.S.C. 3517(d)) or section 8H of the Inspector General Act
of 1978 (5 U.S.C. App.).
Sec. 3037 note (Intelligence Authorization Act for Fiscal Year 2010,
Sec. 423(c)(1))
SEC. 423. DEPUTY DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY.
* * *
(c) Applicability .--The amendments made by this section
shall apply on the earlier of--
(1) the date of the appointment by the President of
an individual to serve as Deputy Director of the
Central Intelligence Agency pursuant to section 104B of
the National Security Act of 1947 (50 U.S.C. 3037), as
added by subsection (a), except that the individual
administratively performing the duties of the Deputy
Director of the Central Intelligence Agency as of the
date of the enactment of this Act may continue to
perform such duties until the individual appointed to
the position of Deputy Director of the Central
Intelligence Agency assumes the duties of such
position; or
Sec. 3043 note (National Defense Authorization Act for Fiscal Year
2012, Sec. 1032(b)(1))
SEC. 1032. NATIONAL SECURITY PLANNING GUIDANCE TO DENY SAFE
HAVENS TO AL-QAEDA AND ITS VIOLENT EXTREMIST AFFILIATES.
* * *
(b) National Security Planning Guidance.--
(1) Guidance required.---The President shall issue
classified or unclassified national security planning
guidance in support of objectives stated in the
national security strategy report submitted to Congress
by the President pursuant to section 108 of the
National Security Act of 1947 [(50 U.S.C. 404a)] (50
U.S.C. 3043) to deny safe havens to al-Qaeda and its
violent extremist affiliates and to strengthen at-risk
states. Such guidance shall serve as the strategic plan
that governs United States and coordinated
international efforts to enhance the capacity of
governmental and nongovernmental entities to work
toward the goal of eliminating the ability of al-Qaeda
and its violent extremist affiliates to establish or
maintain safe havens.
Sec. 3047(c)(1) (National Security Act of 1947, Sec. 112(c)(1))
Sec. 112. (a) Provision of Intelligence Information to the
United Nations.--(1) No United States intelligence information
may be provided to the United Nations or any organization
affiliated with the United Nations, or to any officials or
employees thereof, unless the President certifies to the
appropriate committees of Congress that the Director of
National Intelligence, in consultation with the Secretary of
State and the Secretary of Defense, has established and
implemented procedures, and has worked with the United Nations
to ensure implementation of procedures, for protecting from
unauthorized disclosure United States intelligence sources and
methods connected to such information.
* * *
(c) Relationship to Existing Law.--Nothing in this section
shall be construed to--
(1) [impair or otherwise affect the authority of the
Director of National Intelligence to protect
intelligence sources and methods from unauthorized
disclosure pursuant to section 103(c)(7) of this Act;
or] (1) impair or otherwise affect the authority of the
Director of National Intelligence to protect
intelligence sources and methods from unauthorized
disclosure pursuant to section 102A(i) of this Act (50
U.S.C. 3024(i)); or
Sec. 3072a(1) (Intelligence Authorization Act for Fiscal Year 2004,
Sec. 311(b)(1))
SEC. 311. AUTHORITY OF FEDERAL BUREAU OF INVESTIGATION TO AWARD
PERSONAL SERVICE CONTRACTS.
* * *
(b) Reports on Exercise of Authority.--(1) Not later than one
year after the date of enactment of this Act, and annually
thereafter, the Director of the Federal Bureau of Investigation
shall submit to the appropriate committees of Congress a report
on the exercise of the authority in section 302 of the National
Security Act of 1947 (50 U.S.C. 3072), as added by subsection
(a).
Sec. 3092 note (Intelligence Authorization Act, Fiscal Year 1991,
Sec. 405(a))
SEC. 405. FURNISHING OF INTELLIGENCE INFORMATION TO THE SENATE
AND HOUSE SELECT COMMITTEES ON INTELLIGENCE.
(a) Furnishing of Specific Information.--In accordance with
title V of the National Security Act of 1947 (50 U.S.C. 3091 et
seq.), the head of any department or agency of the United
States involved in any intelligence activities which may
pertain to United States military personnel listed as prisoner,
missing, or unaccounted for in military actions shall furnish
any information or documents in the possession, custody, or
control of the department or agency, or person paid by such
department or agency, whenever requested by the Permanent
Select Committee on Intelligence of the House of
Representatives or the Select Committee on Intelligence of the
Senate.
Sec. 3097 note (Intelligence Authorization Act for Fiscal Year 2004,
Sec. 312(d))
SEC. 312. BUDGET TREATMENT OF COSTS OF ACQUISITION OF MAJOR
SYSTEMS BY THE INTELLIGENCE COMMUNITY.
* * *
(d) Limitations.--(1)(A) For each major system for which
funds have been authorized for a fiscal year before fiscal year
2005, or for which funds are sought in the budget of the
President for fiscal year 2005, as submitted to Congress
pursuant to section 1105(a) of title 31, United States Code,
and for which no independent cost estimate has been provided to
Congress, no contract, or option to contract, for the
procurement or acquisition of such major system may be entered
into, or option to contract be exercised, before the date of
the enactment of an Act to authorize appropriations for fiscal
year 2005 for intelligence and intelligence-related activities
of the United States Government.
* * *
(2) Commencing as of the date of the submittal to Congress of
the budget of the President for fiscal year 2006 pursuant to
section 1105(a) of title 31, United States Code, no funds may
be obligated or expended for the development or procurement of
a major system until the President has complied with the
requirements of section 506A of the National Security Act of
1947 (50 U.S.C. 3097) (as added by subsection (b)) with respect
to such major system.
(3) In this subsection, the terms ``independent cost
estimate'' and ``major system'' have the meaning given such
terms in subsection (e) of section 506A of the National
Security Act of 1947 (50 U.S.C. 3097(e)) (as so added).
Sec. 3098 note (Intelligence Authorization Act for Fiscal Year 2010,
Sec. 305(b))
SEC. 305. ANNUAL PERSONNEL LEVEL ASSESSMENTS FOR THE
INTELLIGENCE COMMUNITY.
* * *
(b) Applicability Date.-- The first assessment required to be
submitted under section 506B(b) of the National Security Act of
1947 (50 U.S.C. 3098(b)), as added by subsection (a), shall be
submitted to the congressional intelligence committees at the
time that the President submits to Congress the budget for
fiscal year 2012 pursuant to section 1105 of title 31, United
States Code.
Sec. 3100 note (Intelligence Authorization Act for Fiscal Year 2010,
Sec. 322(b))
SEC. 322. INTELLIGENCE COMMUNITY BUSINESS SYSTEM
TRANSFORMATION.
* * *
(b) Implementation.--
(1) Certain duties.--Not later than 60 days after the
date of the enactment of this Act, the Director of
National Intelligence shall designate a chair and other
members to serve on the board established under
subsection (f) of such section 506D of the National
Security Act of 1947 (50 U.S.C. 3100(f)) (as added by
subsection (a)).
(2) Enterprise architecture.--
(A) Schedule for development.--The Director
shall develop the enterprise architecture
required by subsection (b) of such section 506D
(50 U.S.C. 3100(b)) (as so added), including
the initial Business Enterprise Architecture
for business transformation, not later than 60
days after the enactment of this Act.
Sec. 3101 note (Intelligence Authorization Act for Fiscal Year 2010,
Sec. 323(a)(2))
SEC. 323. REPORTS ON THE ACQUISTION OF MAJOR SYSTEMS.
(a) Reports.--
* * *
(2) Applicability date of quarterly reports.--The
first report required to be submitted under subsection
(b) of section 506E of the National [security] Security
Act of 1947 (50 U.S.C. 3101(b)), as added by paragraph
(1) of this subsection, shall be submitted with respect
to the first fiscal quarter that begins on a date that
is not less than 180 days after the date of the
enactment of this Act.
Sec. 3103 (National Security Act of 1947, Sec. 506G)
Sec. 506G. (a) Future Year Intelligence Plans.--(1) The
Director of National Intelligence, with the concurrence of the
Director of the Office of Management and Budget, shall provide
to the congressional intelligence committees a Future Year
Intelligence Plan, as described in paragraph (2), for--
* * *
(d) Major System Affordability Report.--(1) The Director of
National Intelligence, with the concurrence of the Director of
the Office of Management and Budget, shall prepare a report on
the acquisition of a major system funded under the National
Intelligence Program before the time that the President submits
to Congress the budget for the first fiscal year in which
appropriated funds are anticipated to be obligated for the
development or procurement of such major system.
(2) The report on such major system shall include an
assessment of whether, and to what extent, such acquisition, if
developed, procured, and operated, is projected to cause an
increase in the most recent Future Year Intelligence Plan and
Long-term Budget Projection submitted under [section 506G] this
section for an element of the intelligence community.
Sec. 3103 note (Intelligence Authorization Act for Fiscal Year 2010,
Sec. 325(b))
SEC. 325. FUTURE BUDGET PROJECTIONS
* * *
(b) Applicability Date.--The first Future Year Intelligence
Plan and Long-term Budget Projection required to be submitted
under [subsection (a) and (b)] subsections (a) and (b) of
section 506G of the National Security Act of 1947 (50 U.S.C.
3103(a), (b)), as added by subsection (a), shall be submitted
to the congressional intelligence committees at the time that
the President submits to Congress the budget for fiscal year
2012 pursuant to section 1105 of title 31, United States Code.
Sec. 3104 note (Intelligence Authorization Act for Fiscal Year 2010,
Sec. 367(a)(1)(B))
SEC. 367. SECURITY CLEARANCES: REPORTS; RECIPROCITY.
(a) Reports Relating to Security Clearances.--
(1) Quadrennial audit; security clearance
determinations.--
* * *
(B) Initial audit.--The first audit required
to be conducted under section 506H(a)(1) of the
National Security Act of 1947 (50 U.S.C.
3104(a)(1)), as added by subparagraph (A) of
this paragraph, shall be completed not later
than February 1, 2011.
Sec. 3105 note (Intelligence Authorization Act for Fiscal Year 2012,
Sec. 307(a)(2))
SEC. 307. UPDATES OF INTELLIGENCE RELATING TO TERRORIST
RECIDIVISM OF DETAINEES HELD AT UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA.
(a) Updates and Consolidation of Language.--
* * *
(2) Initial update.--The initial update required by
section 506I(b) of such Act (50 U.S.C. 3105(b)), as
added by paragraph (1) of this subsection, shall be
made publicly available not later than 10 days after
the date the first report following the date of the
enactment of the Intelligence Authorization Act for
Fiscal Year 2012 is submitted to members and committees
of Congress pursuant to section 319 of the Supplemental
Appropriations Act, 2009 (Public Law 11132; 10 U.S.C.
801 note).
Sec. 3107 note (Intelligence Authorization Act for Fiscal Year 2010,
Sec. 332(b))
SEC. 332. CERTIFICATION OF COMPLIANCE WITH OVERSIGHT
REQUIREMENTS.
* * *
(b) Applicability Date.--The first certification or statement
required to be submitted by the head of each element of the
intelligence community under section 508 of the National
Security Act of 1947 (50 U.S.C. 3107), as added by subsection
(a), shall be submitted not later than 90 days after the date
of the enactment of this Act.
Sec. 3142 note (Intelligence Authorization Act for Fiscal Year 2000,
Sec. 501(b))
SEC. 501. PROTECTION OF OPERATIONAL FILES OF THE NATIONAL
IMAGERY AND MAPPING AGENCY.
* * *
(b) Treatment of Certain Transferred Records.--Any record
transferred to the National Geospatial-Intelligence Agency from
exempted operational files of the Central Intelligence Agency
covered by section 701(a) of the National Security Act of 1947
[(50 U.S.C. 431(a))] (50 U.S.C. 3141(a)) shall be placed in the
operational files of the National Geospatial-Intelligence
Agency that are established pursuant to [section 105B of the
National Security Act of 1947, as added by subsection (a)]
section 702 of the National Security Act of 1947 (50 U.S.C.
3142).
Sec. 3161 note (Intelligence Authorization Act for Fiscal Year 2000,
Sec. 305(c))
SEC. 305. ACCESS TO COMPUTERS AND COMPUTER DATA OF EXECUTIVE
BRANCH EMPLOYEES WITH ACCESS TO CLASSIFIED INFORMATION.
* * *
(c) Applicability.--The President shall modify the procedures
required by section 801(a)(3) of the National Security Act of
1947 (50 U.S.C. 3161(a)(3)) to take into account the amendment
to that section made by subsection (a) of this section not
later than 90 days after the date of the enactment of this Act.
Sec. 3223 (National Security Act of 1947, Sec. 1023)
Sec. 1023. The head of a department or agency containing an
element of the intelligence community may establish an
undergraduate or graduate training program with respect to
civilian employees and prospective civilian employees of such
element similar in purpose, conditions, content, and
administration to the program that the Secretary of Defense is
authorized to establish under section 16 of the National
Security Agency Act of 1959 [(50 U.S.C. 402 note)] (50 U.S.C.
3614).
Sec. 3232(c) (National Security Act of 1947, Sec. 1102(c))
Sec. 1102. (a) Inspection Process.--In order to protect
intelligence sources and methods from unauthorized disclosure,
the Director of National Intelligence shall establish and
implement an inspection process for all agencies and
departments of the United States that handle classified
information relating to the national security of the United
States intended to assure that those agencies and departments
maintain effective operational security practices and programs
directed against counterintelligence activities.
* * *
(c) Completion of Financial Disclosure Statements Required
for Access to Certain Classified Information.--The Director of
National Intelligence shall establish and implement a process
by which each head of an element of the intelligence community
directs that all employees of that element, in order to be
granted access to classified information referred to in
subsection (a) of section 1.3 of Executive Order No. 12968
(August 2, 1995; 60 Fed. Reg. 40245; [50 U.S.C. 435 note] 50
U.S.C. 3161 note), submit financial disclosure forms as
required under subsection (b) of such section.
Sec. 3303(b) (Department of Defense Appropriations Act, 1995,
Sec. 8131(b))
Sec. 8131. (a) No project for the construction of any
facility, or improvement to any facility, having an estimated
Federal cost in excess of $300,000, may be undertaken in any
fiscal year unless specifically identified as a separate item
in the President's annual fiscal year budget request or
otherwise specifically authorized and appropriated if such
facility or improvement would be used primarily by personnel of
the intelligence community.
(b) As used in this section, the term ``intelligence
community'' has the same meaning given that term in section
3(4) of the National Security Act of 1947 [(50 U.S.C. 401a(4))]
(50 U.S.C. 3003(4)).
Sec. 3304 note (Intelligence Appropriations Act for Fiscal Year 1995,
Sec. 604(2))
SEC. 604. DEFINITIONS.
As used in this title:
* * *
(2) Intelligence community.--The term ``intelligence
community'' has the same meaning given that term in
section 3(4) of the National Security Act of 1947 [(50
U.S.C. 401a(4))] (50 U.S.C. 3003(4)).
Sec. 3306(d) (Implementing Recommendations of the 9/11 Commission Act
of 2007, Sec. 601(d))
SEC. 601. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE
FUNDING INFORMATION.
* * *
(d) Definition.--As used in this section, the term ``National
Intelligence Program'' has the meaning given the term in
section 3(6) of the National Security Act of 1947 [(50 U.S.C.
401(a)(6))] (50 U.S.C. 3003(6)).
Sec. 3307(c)(1) (National Defense Authorization Act for Fiscal Year
2008, Sec. 1079(c)(1))
SEC. 1079. COMMUNICATIONS WITH THE COMMITTEES ON ARMED SERVICES
OF THE SENATE AND THE HOUSE OF REPRESENTATIVES.
* * *
(c) Definitions.--In this section:
(1) Intelligence community.--The term ``intelligence
community'' has the meaning given the term in section
3(4) of the National Security Act of 1947 [(50 U.S.C.
401a(4))] (50 U.S.C. 3003(4)).
Sec. 3308(a)(3)(B) (Intelligence Authorization Act for Fiscal Year
2010, Sec. 348(a)(3)(B))
SEC. 348. INFORMATION ACCESS BY THE COMPTROLLER GENERAL OF THE
UNITED STATES.
(a) DNI Directive Governing Access.--
* * *
(3) Relationship to other laws.--The directive issued
under paragraph (1) and any amendment to such directive
issued under paragraph (2) shall be consistent with the
provisions of--
* * *
(B) the National Security Act of 1947 [(50
U.S.C. 401 et seq.)] (50 U.S.C. 3001 et seq.).
Sec. 3325(c) (Intelligence Authorization Act for Fiscal Year 2000,
Sec. 313(c))
SEC. 313. REAFFIRMATION OF LONGSTANDING PROHIBITION AGAINST
DRUG TRAFFICKING BY EMPLOYEES OF THE INTELLIGENCE COMMUNITY.
* * *
(c) Intelligence Community Defined.--In this section, the
term ``intelligence community'' has the meaning given that term
in section 3(4) of the National Security Act of 1947 [(50
U.S.C. 401a(4))] (50 U.S.C. 3003(4)).
Sec. 3329(b) (Intelligence Authorization Act, Fiscal Year 1992,
Sec. 403(b))
SEC. 403. INTELLIGENCE COMMUNITY CONTRACTING.
* * *
(b) Intelligence Community Defined.--In this section, the
term ``intelligence community'' has the meaning given that term
in section 3(4) of the National Security Act of 1947 [50 U.S.C.
401a(4))] (50 U.S.C. 3003(4)).
Sec. 3341 note (Intelligence Authorization Act for Fiscal Year 2013,
Sec. 306(a) (matter before paragraph (1)))
SEC. 306. STRATEGY FOR SECURITY CLEARANCE RECIPROCITY.
(a) Strategy.--The President shall develop a strategy and a
schedule for carrying out the requirements of section 3001(d)
of the Intelligence Reform and Terrorism Prevention Act of 2004
[(50 U.S.C. 435b(d))] (50 U.S.C. 3341(d)). Such strategy and
schedule shall include--
Sec. 3343(c)(4)(B)(iii)(Intelligence Reform and Terrorism Prevention
Act of 2004, Sec. 3002(c)(4)(B)(iii))
SEC. 3002. SECURITY CLEARANCES; LIMITATIONS.
* * *
(c) Disqualification.--
* * *
(4) Annual report.--
* * *
(B) Definitions.--In this paragraph:
* * *
(iii) Congressional intelligence
committees.--The term ``congressional
intelligence committees'' has the
meaning given that term in section 3 of
the National Security Act of 1947 [(50
U.S.C. 401a)] (50 U.S.C. 3003).
Sec. 3344 (Reducing Over-Classification Act, Sec. 7)
SEC. 7. CLASSIFICATION TRAINING PROGRAM.
(a) In General.--The head of each Executive agency, in
accordance with Executive Order 13526 (50 U.S.C. 3161 note),
shall require annual training for each employee who has
original classification authority. For employees who perform
derivative classification, or are responsible for analysis,
dissemination, preparation, production, receipt, publication,
or otherwise communication of classified information, training
shall be provided at least every two years. Such training
shall--
(1) educate the employee, as appropriate, regarding--
(A) the guidance established under
subparagraph (G) of section 102A(g)(1) of the
National Security Act of 1947 [(50 U.S.C. 403-
1(g)(1))] (50 U.S.C. 3024(g)(1)), as added by
section 5(a)(3), regarding the formatting of
finished intelligence products;
Sec. 3344 note (Reducing Over-Classification Act, Sec. 3(1))
SEC. 3. DEFINITIONS.
In this Act:
(1) Derivative classification and original
classification.--The terms ``derivative
classification'' and ``original classification'' have
the meanings given those terms in Executive Order No.
13526 (50 U.S.C. 3161 note).
Sec. 3348(g)(2)(B)(iii) (National Defense Authorization Act for Fiscal
Year 1994, Sec. 1152(g)(2)(B)(iii))
SEC. 1152. REPORTS RELATING TO CERTAIN SPECIAL ACCESS PROGRAMS
AND SIMILAR PROGRAMS.
* * *
(g) Definitions.--For purposes of this section:
(2) Covered department or agency.--(A) Except as
provided in subparagraph (B), the term ``covered
department or agency'' means any department or agency
of the Federal Government that carries out a special
access program.
(B) Such term does not include--
* * *
(iii) an agency in the Intelligence Community
(as defined in section 3(4) of the National
Security Act of 1947 [(50 U.S.C. 401a)] (50
U.S.C. 3003(4))).
Sec. 3355 et seq. (Public Interest Declassification Act of 2000, title
VII)
TITLE VII--DECLASSIFICATION OF INFORMATION
* * *
Sec. 3355b(a)(2)(B) (Public Interest Declassification Act of 2000,
Sec. 704(a)(2)(B))
SEC. 704. IDENTIFICATION, COLLECTION, AND REVIEW FOR
DECLASSIFICATION OF INFORMATION OF ARCHIVAL VALUE OR
EXTRAORDINARY PUBLIC INTEREST.
(a) Briefings on Agency Declassification Programs.--(1) As
requested by the Board, or by the Select Committee on
Intelligence of the Senate or the Permanent Select Committee on
Intelligence of the House of Representatives, the head of any
agency with the authority under an Executive order to classify
information shall provide to the Board, the Select Committee on
Intelligence of the Senate, or the Permanent Select Committee
on Intelligence of the House of Representatives, on an annual
basis, a summary briefing and report on such agency's progress
and plans in the declassification of national security
information. Such briefing shall cover the declassification
goals set by statute, regulation, or policy, the agency's
progress with respect to such goals, and the agency's planned
goals and priorities for its declassification activities over
the next 2 fiscal years. Agency briefings and reports shall
give particular attention to progress on the declassification
of records and materials that are of archival value or
extraordinary public interest to the people of the United
States.
(2)(A) The annual briefing and report under paragraph (1) for
agencies within the Department of Defense, including the
military departments and the elements of the intelligence
community, shall be provided on a consolidated basis.
(B) In this paragraph, the term ``elements of the
intelligence community'' means the elements of the intelligence
community specified or designated under section 3(4) of the
National Security Act of 1947 [(50 U.S.C. 401a(4))] (50 U.S.C.
3003(4)).
* * *
Sec. 3355c(c) (Public Interest Declassification Act of 2000,
Sec. 705(c))
SEC. 705. PROTECTION OF NATIONAL SECURITY INFORMATION AND OTHER
INFORMATION.
* * *
(c) Authorities of Director of National Intelligence.--
Nothing in this title shall be construed to limit the
authorities of the Director of National Intelligence as the
head of the intelligence community, including the Director's
responsibility to protect intelligence sources and methods from
unauthorized disclosure as required by [section 103(c)(6) of
the National Security Act of 1947 (50 U.S.C. 403-3(c)(6))]
section 102A(i) of the National Security Act of 1947 (50 U.S.C.
3024(i)).
Sec. 3363 (Intelligence Authorization Act for Fiscal Year 2003,
Sec. 343)
SEC. 343. TERRORIST IDENTIFICATION CLASSIFICATION SYSTEM.
* * *
(c) Information Sharing.--Subject to [section 103(c)(7) of
the National Security Act of 1947 (50 U.S.C. 403-3(c)(7))]
section 102A(i) of the National Security Act of 1947 (50 U.S.C.
3024(i)), relating to the protection of intelligence sources
and methods, the Director shall provide for the sharing of the
list, and information on the list, with such departments and
agencies of the Federal Government, State and local government
agencies, and entities of foreign governments and international
organizations as the Director considers appropriate.
(d) Report on Criteria for Information Sharing.--(1) Not
later then March 1, 2003, the Director shall submit to the
congressional intelligence committees a report describing the
criteria used to determine which types of information on the
list required by subsection (a) are to be shared, and which
types of information are not to be shared, with various
departments and agencies of the Federal Government, State and
local government agencies, and entities of foreign governments
and international organizations.
(2) The report shall include a description of the
circumstances in which the Director has determined that sharing
information on the list with the departments and agencies of
the Federal Government, and of State and local governments,
described by subsection (c) would be inappropriate due to the
concerns addressed by [section 103(c)(7) of the National
Security Act of 1947] section 102A(i) of the National Security
Act of 1947 (50 U.S.C. 3024(i)), relating to the protection of
sources and methods, and any instance in which the sharing of
information on the list has been inappropriate in light of such
concerns.
Sec. 3364(a) (National Security Intelligence Reform Act of 2004,
Sec. 1019(a))
SEC. 1019. ASSIGNMENT OF RESPONSIBILITIES RELATING TO ANALYTIC
INTEGRITY.
(a) Assignment of Responsibilities.--For purposes of carrying
out section 102A(h) of the National Security Act of 1947 (50
U.S.C. 3024(h)) (as added by section 1011(a)), the Director of
National Intelligence shall, not later than 180 days after the
date of enactment of this Act, assign an individual or entity
to be responsible for ensuring that finished intelligence
products produced by any element or elements of the
intelligence community are timely, objective, independent of
political considerations, based upon all sources of available
intelligence, and employ the standards of proper analytic
tradecraft.
Sec. 3365(1) (United and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism
Act of 2001, Sec. 203(d)(1))
SEC. 203. AUTHORITY TO SHARE CRIMINAL INVESTIGATIVE
INFORMATION.
* * *
(d) Foreign Intelligence Information.--
(1) In general.--Notwithstanding any other provision
of law, it shall be lawful for foreign intelligence or
counterintelligence (as defined in section 3 of the
National Security Act of 1947 [(50 U.S.C. 401a)] (50
U.S.C. 3003)) or foreign intelligence information
obtained as part of a criminal investigation to be
disclosed to any Federal law enforcement, intelligence,
protective, immigration, national defense, or national
security official in order to assist the official
receiving that information in the performance of his
official duties. Any Federal official who receives
information pursuant to this provision may use that
information only as necessary in the conduct of that
person's official duties subject to any limitations on
the unauthorized disclosure of such information.
Consistent with the responsibility of the Director of
Central Intelligence to protect intelligence sources
and methods, and the responsibility of the Attorney
General to protect sensitive law enforcement
information, it shall be lawful for information
revealing a threat of actual or potential attack or
other grave hostile acts of a foreign power or an agent
of a foreign power, domestic or international sabotage,
domestic or international terrorism, or clandestine
intelligence gathering activities by an intelligence
service or network of a foreign power or by an agent of
a foreign power, within the United States or elsewhere,
obtained as part of a criminal investigation to be
disclosed to any appropriate Federal, State, local, or
foreign government official for the purpose of
preventing or responding to such a threat. Any official
who receives information pursuant to this provision may
use that information only as necessary in the conduct
of that person's official duties subject to any
limitations on the unauthorized disclosure of such
information, and any State, local, or foreign official
who receives information pursuant to this provision may
use that information only consistent with such
guidelines as the Attorney General and Director of
Central Intelligence shall jointly issue.
Sec. 3366 (Intelligence Authorization Act for Fiscal Year 2010,
Sec. 402(b))
SEC. 402. AUTHORITIES FOR INTELLIGENCE INFORMATION SHARING.
* * *
(b) Authorities of Head of Other Departments and Agencies.--
Notwithstanding any other provision of law, the head of any
department or agency of the United States is authorized to
receive and utilize funds made available to the department or
agency by the Director of National Intelligence pursuant to
section 102A(d)(2) of the National Security Act of 1947 [(50
U.S.C. 403-1(d)(2))] (50 U.S.C. 3024(d)(2)), as amended by
subsection (a), and receive and utilize any system referred to
in such section that is made available to such department or
agency.
Sec. 3506(a)(1) (Central Intelligence Agency Act of 1949, Sec. 5(a)(1))
Sec. 5. (a) In the performance of its functions, the Central
Intelligence Agency is authorized to--
(1) Transfer to and receive from other Government
agencies such sums as may be approved by the Office of
Management and Budget, for the performance of any of
the functions or activities authorized under section
104A of the National Security Act of 1947 [(50 U.S.C.
403-4a)] (50 U.S.C. 3036), and any other Government
agency is authorized to transfer to or receive from the
Agency such sums without regard to any provisions of
law limiting or prohibiting transfers between
appropriations. Sums transferred to the Agency in
accordance with this paragraph may be expended for the
purposes and under the authority of this chapter
without regard to limitations of appropriations from
which transferred;
Sec. 3507 (Central Intelligence Agency Act of 1949, Sec. 6)
Sec. 6. In the interests of the security of the foreign
intelligence activities of the United States and in order
further to implement section 102A(i) of the National Security
Act of 1947 (50 U.S.C. 3024(i)) that the Director of National
Intelligence shall be responsible for protecting intelligence
sources and methods from unauthorized disclosure, the Agency
shall be exempted from the provisions of sections 1 and 2 of
the Act of August 28, 1935 (49 Stat. 956, 957; 5 U.S.C. 654),
and the provisions of any other law which require the
publication or disclosure of the organization, functions,
names, official titles, salaries, or numbers of personnel
employed by the Agency: Provided, That in furtherance of this
section, the Director of the Office of Management and Budget
shall make no reports to the Congress in connection with the
Agency under section 607 of the Act of June 30, 1945, as
amended (5 U.S.C. 947(b)).
Sec. 3510b (Intelligence Authorization Act for Fiscal Year 1987,
Sec. 506)
Sec. 506. Pursuant to the authority granted in section 8 of
the Central Intelligence Agency Act of 1949 [(50 U.S.C. 403j)]
(50 U.S.C. 3510), the Director of Central Intelligence shall
establish an undergraduate training program with respect to
civilian employees of the Central Intelligence Agency similar
in purpose, conditions, content, and administration to the
program which the Secretary of Defense is authorized to
establish under section 16 of the [National Security Act of
1959] National Security Agency Act of 1959 [(50 U.S.C. 402
note)] (50 U.S.C. 3614) for civilian employees of the National
Security Agency.
Sec. 3517(d)(4) (Central Intelligence Agency Act of 1949,
Sec. 17(d)(4))
SEC. 17. INSPECTOR GENERAL FOR THE AGENCY.
* * *
(d) Semiannual Reports; Immediate Reports of Serious or
Flagrant Problems; Reports of Functional Problems; Reports to
Congress on Urgent Concerns.--(1) The Inspector General shall,
not later than October 31 and April 30 of each year, prepare
and submit to the Director a classified semiannual report
summarizing the activities of the Office during the immediately
preceding six-month periods ending September 30 and March 31,
respectively. Not later than 30 days after the date of the
receipt of such reports, the Director shall transmit such
reports to the intelligence committees with any comments he may
deem appropriate. Such reports shall, at a minimum, include a
list of the title or subject of each inspection, investigation,
review, or audit conducted during the reporting period and--
* * *
(4) Pursuant to Title V of the National Security Act of 1947
(50 U.S.C. 3091 et seq.), the Director shall submit to the
intelligence committees any report or findings and
recommendations of an inspection, investigation, or audit
conducted by the office which has been requested by the
Chairman or Ranking Minority Member of either committee.
Sec. 3518a (Intelligence Authorization Act, Fiscal Year 1990, Sec. 306)
Sec. 306. The special accrual rates provided by section 303
of the Central Intelligence Agency Retirement Act (50 U.S.C.
2153) and by section 18 of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 3518) for computation of the annuity of an
individual who has served abroad as an officer or employee of
the Central Intelligence Agency shall be used to compute that
portion of the annuity of such individual relating to such
service abroad whether or not the individual is employed by the
Central Intelligence Agency at the time of retirement from
Federal service.
Sec. 3520 note (Intelligence Renewal and Reform Act of 1996,
Sec. 813(b) (matter before paragraph (1)))
SEC. 813. GENERAL COUNSEL OF THE CENTRAL INTELLIGENCE AGENCY.
* * *
(b) Applicability of Appointment Requirements.--The
requirement established by section 20 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3520), as added by
subsection (a), for the appointment by the President, by and
with the advice and consent of the Senate, of an individual to
the position of General Counsel of the Central Intelligence
Agency shall apply as follows:
Sec. 3607(b)(3) (National Security Agency Act of 1959, Sec. 9(b)(3))
(b) The Director of the National Security Agency, on behalf
of the Secretary of Defense, may provide to certain civilian
and military personnel of the Department of Defense who are
assigned to special cryptologic activities outside the United
States and who are designated by the Secretary of Defense for
the purposes of this subsection--
* * *
(3) special retirement accrual in the same manner
provided in section 303 of the Central Intelligence
Agency Retirement Act of 1964 for Certain Employees
[(50 U.S.C. 403 note)] (50 U.S.C. 2153) and in section
18 of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3518).
DIVISION C--TECHNICAL AMENDMENTS TO UPDATE STATUTORY REFERENCES
TO PROVISIONS CLASSIFIED TO TITLE 52, UNITED STATES CODE, AND
TO CORRECT RELATED TECHNICAL ERRORS
TITLE 2--THE CONGRESS
Sec. 8(b) (Revised Statutes, Sec. 26(b))
Sec. 8. (a) In General.-- Except as provided in subsection
(b), the time for holding elections in any State, District, or
Territory for a Representative or Delegate to fill a vacancy,
whether such vacancy is caused by a failure to elect at the
time prescribed by law, or by the death, resignation, or
incapacity of a person elected, may be prescribed by the laws
of the several States and Territories respectively.
(b) Special Rules in Extraordinary Circumstances.--
* * *
(5) Protecting ability of absent military and
overseas voters to participate in special elections.--
(A) Deadline for transmittal of absentee
ballots.--In conducting a special election held
under this subsection to fill a vacancy in its
representation, the State shall ensure to the
greatest extent practicable (including through
the use of electronic means) that absentee
ballots for the election are transmitted to
absent uniformed services voters and overseas
voters (as such terms are defined in the
Uniformed and Overseas Citizens Absentee Voting
Act (52 U.S.C. 20301 et seq.)) not later than
15 days after the Speaker of the House of
Representatives announces that the vacancy
exists.
(B) Period for ballot transit time.--
Notwithstanding the deadlines referred to in
paragraphs (2) and (3), in the case of an
individual who is an absent uniformed services
voter or an overseas voter (as such terms are
defined in the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20301 et seq.)),
a State shall accept and process any otherwise
valid ballot or other election material from
the voter so long as the ballot or other
material is received by the appropriate State
election official not later than 45 days after
the State transmits the ballot or other
material to the voter.
* * *
(7) Rule of construction regarding federal election
laws.--Nothing in this subsection may be construed to
affect the application to special elections under this
subsection of any Federal law governing the
administration of elections for Federal office
(including any law providing for the enforcement of any
such law), including, but not limited to, the
following:
(A) The Voting Rights Act of 1965 [(42 U.S.C.
1973 et seq.)] (52 U.S.C. 10301 et seq.), as
amended.
(B) The Voting Accessibility for the Elderly
and Handicapped Act [(42 U.S.C. 1973ee et
seq.)] (52 U.S.C. 20101 et seq.), as amended.
(C) The Uniformed and Overseas Citizens
Absentee Voting Act [(42 U.S.C. 1973ff et
seq.)] (52 U.S.C. 20301 et seq.), as amended.
(D) The National Voter Registration Act of
1993 [(42 U.S.C. 1973gg et seq.)] (52 U.S.C.
20501 et seq.), as amended.
* * *
(G) The Help America Vote Act of 2002 [(42
U.S.C. 15301 et seq.)] (52 U.S.C. 20901 et
seq.), as amended.
Sec. 503(d)(1) (Legislative Branch Appropriations Act, 1991,
Sec. 311(d)(1))
Sec. 311. (a) 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--
* * *
(d) No Senator or Member of the House of Representatives may
maintain or use, directly or indirectly, an unofficial office
account or defray official expenses for franked mail, employee
salaries, office space, furniture, or equipment and any
associated information technology services (excluding handheld
communications devices) from--
(1) funds received from a political committee or
derived from a contribution or expenditure (as such
terms are defined in section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101));
Sec. 1604(d) (Lobbying Disclosure Act of 1995, Sec. 5(d))
SEC. 5. REPORTS BY REGISTERED LOBBYISTS.
* * *
(d) Semiannual Reports on Certain Contributions.--
(1) In general.--Not later than 30 days after the end
of the semiannual period beginning on the first day of
January and July of each year, or on the first business
day after such 30th day if the 30th day is not a
business day, each person or organization who is
registered or is required to register under paragraph
(1) or (2) of section 4(a) of this title, and each
employee who is or is required to be listed as a
lobbyist under section 4(b)(6) or subsection (b)(2)(C)
of this section, shall file a report with the Secretary
of the Senate and the Clerk of the House of
Representatives containing--
* * *
(E) the date, recipient, and amount of funds
contributed or disbursed during the semiannual
period by the person or organization or a
political committee established or controlled
by the person or organization--
* * *
except that this subparagraph shall not apply if the
funds are provided to a person who is required to
report the receipt of the funds under section 304 of
the Federal Election Campaign Act [(2 U.S.C. 434)] (52
U.S.C. 30104);
* * *
(2) Definition.--In this subsection, the term
``leadership PAC'' has the meaning given such term in
section 304(i)(8)(B) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30104(i)(8)(B)).
Sec. 6314(e) (Supplemental Appropriations Act, 1973, Sec. 506(e))
Sec. 506. 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:
* * *
(e) 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 301(b) of the Federal Campaign Act of 1971]
section 301(2) of the Federal Campaign Act of 1971 (52 U.S.C.
30101(2)), 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.
Sec. 6565 (Supplemental Appropriations Act, 1973, Sec. 504)
Sec. 504. 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 (52 U.S.C. 30101 et seq.). 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.
Sec. 6566 (Legislative Branch Appropriation Act, 1973, 3rd paragraph
under the heading ``administrative provisions'' at
86 Stat. 435)
For the purpose of carrying out his duties under the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.), 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 4301(i) of this title, (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.
Sec. 6633(a) (Legislative Branch Appropriations Act, 2008, Sec. 7(a))
Sec. 7. Media Support Services. (a) Definitions.--In this
section, the terms ``national committee'' and ``political
party'' have the meaning given such terms in section 301 of the
Federal Election Campaign Act of 1971 [2 U.S.C. 431] (52 U.S.C
30101).
TITLE 3--THE PRESIDENT
Sec. 102 note (Presidential Transition Act of 1963, Sec. 3(h)(3)(B))
Sec. 3. (a) The Administrator of General Services, referred
to hereafter in this Act as ``the Administrator,'' is
authorized to provide, upon request, to each President-elect
and each Vice-President-elect, for use in connection with his
preparations for the assumption of official duties as President
or Vice President necessary services and facilities, including
the following:
* * *
(h)(1)(A) In the case of an eligible candidate, the
Administrator--
* * *
(3)(A) Notwithstanding any other provision of law, an
eligible candidate may establish a separate fund for the
payment of expenditures in connection with the eligible
candidate's preparations for the assumption of official duties
as President or Vice-President, including expenditures in
connection with any services or facilities provided under this
subsection (whether before such services or facilities are
available under this section or to supplement such services or
facilities when so provided). Such fund shall be established
and maintained in such manner as to qualify such fund for
purposes of section 501(c)(4) of the Internal Revenue Code of
1986.
(B)(i) The eligible candidate may--
(I) transfer to any separate fund established under
subparagraph (A) contributions (within the meaning of
section 301(8) of the Federal Election Campaign Act of
1971 [(2 U.S.C. 431(8)))] (52 U.S.C. 30101(8))) the
candidate received for the general election for
President or Vice-President or payments from the
Presidential Election Campaign Fund under chapter 95 of
the Internal Revenue Code of 1986 the candidate
received for the general election; and
* * *
(ii) Any expenditures from the separate fund that are made
from such contributions or payments described in clause (i)(I)
shall be treated as expenditures (within the meaning of section
301(9) of such Act [(2 U.S.C. 431(9)))] (52 U.S.C. 30101(9)))
or qualified campaign expenses (within the meaning of section
9002(11) of such Code), whichever is applicable.
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
Sec. 7323(a)(2)
Sec. 7323. Political activity authorized; prohibitions
(a) Subject to the provisions of subsection (b), an employee
may take an active part in political management or in political
campaigns, except an employee may not--
* * *
(2) knowingly solicit, accept, or receive a political
contribution from any person, unless such person is--
(A) a member of the same Federal labor
organization as defined under section 7103(4)
of this title or a Federal employee
organization which as of the date of enactment
of the Hatch Act Reform Amendments of 1993 had
a multicandidate political committee (as
defined under section 315(a)(4) of the Federal
Election Campaign Act of 1971 [(2 U.S.C.
441a(a)(4)))] (52 U.S.C. 30116(a)(4)));
* * *
(C) the solicitation is for a contribution
[to the multicandidate political committee (as
defined under section 315(a)(4) of the Federal
Election Campaign Act of 1971 (2 U.S.C.
441a(a)(4))] to the multicandidate political
committee (as defined under section 315(a)(4)
of the Federal Election Campaign Act of 1971
(52 U.S.C. 30116(a)(4))) of such Federal labor
organization as defined under section 7103(4)
of this title or a Federal employee
organization which as of the date of the
enactment of the Hatch Act Reform Amendments of
1993 [had a multicandidate political committee
(as defined under section 315(a)(4) of the
Federal Election Campaign Act of 1971 (2 U.S.C.
441a(a)(4))] had a multicandidate political
committee (as defined under section 315(a)(4)
of the Federal Election Campaign Act of 1971
(52 U.S.C. 30116(a)(4))); or
TITLE 6--DOMESTIC SECURITY
Sec. 331(d) (Homeland Security Act of 2002, Sec. 601(d))
SEC. 601. TREATMENT OF CHARITABLE TRUSTS FOR MEMBERS OF THE
ARMED FORCES OF THE UNITED STATES AND OTHER GOVERNMENTAL
ORGANIZATIONS
(a) Findings.--Congress finds the following:
* * *
(d) Treatment of Johnny Micheal Spann Patriot Trusts.--Each
Johnny Micheal Spann Patriot Trust shall refrain from
conducting the activities described in clauses (i) and (ii) of
section 301(20)(A) of the Federal Election Campaign Act of 1971
(52 U.S.C. 30101(20)(A)(i), (ii)) so that a general
solicitation of funds by an individual described in paragraph
(1) of section 323(e) of such Act (52 U.S.C. 30125(e)(1)) will
be permissible if such solicitation meets the requirements of
paragraph (4)(A) of such section.
TITLE 10--ARMED FORCES
Sec. 1566
Sec. 1566. Voting assistance: compliance assessments; assistance
* * *
(b) Voting Assistance Programs Defined.--In this section, the
term ``voting assistance programs'' means--
(1) the Federal Voting Assistance Program carried out
under the Uniformed and Overseas Citizens Absentee
Voting Act [(42 U.S.C. 1973ff et seq.)] (52 U.S.C.
20301et seq.); and
* * *
(e) Regular Military Department Assessments.--The Secretary
of each military department shall include in the set of issues
and programs to be reviewed during any management effectiveness
review or inspection at the installation level an assessment of
compliance with the Uniformed and Overseas Citizens Absentee
Voting Act [(42 U.S.C. 1973ff et seq.)] (52 U.S.C. 20301 et
seq.) and with Department of Defense regulations regarding the
Federal Voting Assistance Program.
* * *
(i) Registration and Voting Information for Members and
Dependents.--(1) The Secretary of each military department,
using a variety of means including both print and electronic
media, shall, to the maximum extent practicable, ensure that
members of the armed forces and their dependents who are
qualified to vote have ready access to information regarding
voter registration requirements and deadlines (including voter
registration), absentee ballot application requirements and
deadlines, and the availability of voting assistance officers
to assist members and dependents to understand and comply with
these requirements.
(2) The Secretary of each military department shall make the
national voter registration form prepared for purposes of the
Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C.
20301 et seq.) by the Federal Election Commission available so
that each person who enlists shall receive such form at the
time of the enlistment, or as soon thereafter as practicable.
Sec. 1566a
Sec. 1566a. Voting assistance: voting assistance offices
(a) Designation of Offices on Military Installations as Voter
Assistance Offices.--Under regulations prescribed by the
Secretary of Defense under subsection (f), the Secretaries of
the military departments shall designate offices on
installations under their jurisdiction, or at such
installations as the Secretary of the military department
concerned shall determine are best located to provide access to
voter assistance services for all covered individuals in a
particular location, to provide absent uniformed services
voters, particularly those individuals described in subsection
(b), and their family members with the following:
(1) Information on voter registration procedures and
absentee ballot procedures (including the official post
card form prescribed under section 101 of the Uniformed
and Overseas Citizens Absentee Voting Act [(42 U.S.C.
1973ff)] (52 U.S.C. 20301)).
* * *
(4) Information and assistance, if requested, to
request an absentee ballot under the Uniformed and
Overseas Citizens Absentee Voting Act [(42 U.S.C.
1973ff et seq.)] (52 U.S.C. 20301 et seq.).
* * *
(e) Authority To Designate Voting Assistance Offices as Voter
Registration Agency on Military Installations.--The Secretary
of Defense may authorize the Secretaries of the military
departments to designate offices on military installations as
voter registration agencies under section 7(a)(2) of the
National Voter Registration Act of 1993 [(42 U.S.C. 1973gg-
5(a)(2))] (52 U.S.C. 20506(a)(2)) for all purposes of such Act.
Any office so designated shall discharge the requirements of
this section, under the regulations prescribed by the Secretary
of Defense under subsection (f).
* * *
(g) Definitions.--In this section:
(1) The term ``absent uniformed services voter'' has
the meaning given that term in section 107(1) of the
Uniformed and Overseas Citizens Absentee Voting Act
[(42 U.S.C. 1973ff-6(1))] (52 U.S.C. 20310(1)).
(2) The term ``Federal office'' has the meaning given
that term in section 107(3) of the Uniformed and
Overseas Citizens Absentee Voting Act [(42 U.S.C.
1973ff-6(3))] (52 U.S.C. 20310(3)).
(3) The term ``Presidential designee'' means the
official designated by the President under section
101(a) of the Uniformed and Overseas Citizens Absentee
Voting Act [(42 U.S.C. 1973ff(a))] (52 U.S.C.
20301(a)).
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
Sec. 602(a)(4)
Sec. 602. Solicitation of political contributions
(a) It shall be unlawful for--
* * *
(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 (52 U.S.C. 30101(8)) 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.
Sec. 603
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 (52 U.S.C. 30101(8)) 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 (52 U.S.C. 30102(e)(1))
shall be considered a contribution to the individual who has
authorized such committee.
Sec. 607(b)
Sec. 607. Place of solicitation
* * *
(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 or Executive Office of the President, 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 (52 U.S.C. 30102(e)).
Sec. 608
Sec. 608. Absent uniformed services voters and overseas voters
(a) Whoever knowingly deprives or attempts to deprive any
person of a right under the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20301 et seq.) shall be fined in
accordance with this title or imprisoned not more than five
years, or both.
(b) Whoever knowingly gives false information for the purpose
of establishing the eligibility of any person to register or
vote under the Uniformed and Overseas Citizens Absentee Voting
Act (52 U.S.C. 20301 et seq.), or pays or offers to pay, or
accepts payment for registering or voting under such Act shall
be fined in accordance with this title or imprisoned not more
than five years, or both.
Sec. 1531 note (Partial-Birth Abortion Ban Act of 2003, Sec. 2)
SEC. 2. FINDINGS.
The Congress finds and declares the following:
* * *
(9) In Katzenbach v. Morgan, 384 U.S. 641 (1966), the
Supreme Court articulated its highly deferential review
of congressional factual findings when it addressed the
constitutionality of section 4(e) of the Voting Rights
Act of 1965 (52 U.S.C. 10303(e)). Regarding Congress'
factual determination that section 4(e) would assist
the Puerto Rican community in ``gaining
nondiscriminatory treatment in public services,'' the
Court stated that ``[i]t was for Congress, as the
branch that made this judgment, to assess and weigh the
various conflicting considerations ***. It is not for
us to review the congressional resolution of these
factors. It is enough that we be able to perceive a
basis upon which the Congress might resolve the
conflict as it did. There plainly was such a basis to
support section 4(e) in the application in question in
this case.''. Id. at 653.
(10) Katzenbach's highly deferential review of
Congress' factual conclusions was relied upon by the
United States District Court for the District of
Columbia when it upheld the ``bail-out'' provisions of
the Voting Rights Act of 1965 [(42 U.S.C. 1973c)] (52
U.S.C. 10304), stating that ``congressional fact
finding, to which we are inclined to pay great
deference, strengthens the inference that, in those
jurisdictions covered by the Act, state actions
discriminatory in effect are discriminatory in
purpose''. City of Rome, Georgia v. U.S., 472 F. Supp.
221 (D.D.C. 1979) aff'd City of Rome, Georgia v. U.S.,
446 U.S. 156 (1980).
TITLE 20--EDUCATION
Sec. 1078-12(b)(1)(A)(ii)(VII) (Higher Education Act of 1965,
Sec. 428L(b)(1)(A)(ii)(VII))
SEC. 428L. LOAN REPAYMENT FOR CIVIL LEGAL ASSISTANCE ATTORNEYS.
* * *
(b) Definitions.--In this section
(1) Civil legal assistance attorney.--The term
``civil legal assistance attorney'' means an attorney
who--
(A) is a full-time employee of--
* * *
(ii) a protection and advocacy system
or client assistance program that
provides legal assistance with respect
to civil matters and receives funding
under--
* * *
(VII) section 291 of the Help
America Vote Act of 2002 [(42
U.S.C. 15461)] (52 U.S.C.
21061).
Sec. 1094(a)(23) (Higher Education Act of 1965, Sec. 487(a)(23))
Sec. 487. (a) Required for Programs of Assistance;
Contents.--In order to be an eligible institution for the
purposes of any program authorized under this title, an
institution must be an institution of higher education or an
eligible institution (as that term is defined for the purpose
of that program) and shall, except with respect to a program
under subpart 4 of part A, enter into a program participation
agreement with the Secretary. The agreement shall condition the
initial and continuing eligibility of an institution to
participate in a program upon compliance with the following
requirements:
* * *
(23)(A) The institution, if located in a State to
which section 4(b) of the National Voter Registration
Act of 1993 [(42 U.S.C. 1973gg-2(b))] (52 U.S.C.
20503(b)) does not apply, will make a good faith effort
to distribute a mail voter registration form, requested
and received from the State, to each student enrolled
in a degree or certificate program and physically in
attendance at the institution, and to make such forms
widely available to students at the institution.
* * *
(C) This paragraph shall apply to general and special
elections for Federal office, as defined in section
301(3) of the Federal Election Campaign Act of 1971 [(2
U.S.C. 431(3))] (52 U.S.C. 30101(3)), and to the
elections for Governor or other chief executive within
such State).
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
Sec. 3944(b)(2) (Foreign Service Act of 1980, Sec. 304(b)(2))
Sec. 304. Appointment of Chiefs of Mission.--(a)(1) An
individual appointed or assigned to be a chief of mission
should possess clearly demonstrated competence to perform the
duties of a chief of mission, including, to the maximum extent
practicable, a useful knowledge of the principal language or
dialect of the country in which the individual is to serve, and
knowledge and understanding of the history, the culture, the
economic and political institutions, and the interests of that
country and its people.
* * *
(b)(1) In order to assist the President in selecting
qualified candidates for appointment or assignment as chiefs of
mission, the Secretary of State shall from time to time furnish
the President with the names of career members of the Service
who are qualified to serve as chiefs of mission, together with
pertinent information about such members.
(2) Each individual nominated by the President to be a chief
of mission, ambassador at large, or minister shall, at the time
of nomination, file with the Committee on Foreign Relations of
the Senate and the Speaker of the House of Representatives a
report of contributions made by such individual and by members
of his or her immediate family during the period beginning on
the first day of the fourth calendar year preceding the
calendar year of the nomination and ending on the date of the
nomination. The report shall be verified by the oath of the
nominee, taken before any individual authorized to administer
oaths. The chairman of the Committee on Foreign Relations of
the Senate shall have each such report printed in the
Congressional Record. As used in this paragraph, the term
``contribution'' has the same meaning given such term by
section 301(8) of the Federal Election Campaign Act of 1971 [(2
U.S.C. 431(8))] (52 U.S.C. 30101(8)), and the term ``immediate
family'' means the spouse of the nominee, and any child,
parent, grandparent, brother, or sister of the nominee and the
spouses of any of them.
TITLE 26--INTERNAL REVENUE CODE
Sec. 527 note (Public Law 95-502, Sec. 302(b)(1))
Sec. 302. (a) Paragraph (3) of section 527(c) of the Internal
Revenue Code of 1986 (defining exempt function income) is
amended by striking out ``or'' at the end of subparagraph (B),
by adding ``or'' at the end of subparagraph (C), and by
inserting after subparagraph (C) the following new
subparagraph:
* * *
(b)(1) The amendment made by subsection (a) shall apply to
taxable years beginning after December 31, 1974, except that
notwithstanding any other provision of law to the contrary, no
amounts held at the date of enactment of this bill by an
organization described in section 527(e)(1) of the Internal
Revenue Code of 1986 in escrow, in separate accounts for the
payment of Federal taxes, or in any other fund which are
proceeds described in section 527(c)(3)(D) of such Code may be
used, directly or indirectly, to make a contribution or
expenditure [(as defined in section 301(e) and (f) of the
Federal Election Campaign Act of 1971; 2 U.S.C. 431(f))] (as
defined in paragraphs (8) and (9) of section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101(8), (9))) in
connection with any election held before January 1, 1979.
Sec. 527 note (Public Law 107-276, Sec. 4)
SEC. 4. NOTIFICATION OF INTERACTION OF REPORTING REQUIREMENTS.
(a) In General.--The Secretary of the Treasury, in
consultation with the Federal Election Commission, shall
publicize--
* * *
(2) the interaction of requirements to file a
notification or report under section 527 of the
Internal Revenue Code of 1986 and reports under the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101
et seq.).
(b) Information.--Information provided under subsection (a)
shall be included in any appropriate form, instruction, notice,
or other guidance issued to the public by the Secretary of the
Treasury or the Federal Election Commission regarding reporting
requirements of political organizations (as defined in section
527 of the Internal Revenue Code of 1986) or reporting
requirements under the Federal Election Campaign Act of 1971
(52 U.S.C. 30101 et seq.).
Sec. 6033(g)(3) (Internal Revenue Code of 1986, Sec. 6033(g)(3))
SEC. 6033. RETURNS BY EXEMPT ORGANIZATIONS.
* * *
(g) Returns Required by Political Organizations.--
* * *
(3) Mandatory exceptions from filing.--Paragraph (2)
shall not apply to an organization--
* * *
(C) which is an authorized committee (as
defined in section 301(6) of the Federal
Election Campaign Act of 1971 (52 U.S.C.
30101(6))) of a candidate for Federal office,
(D) which is a national committee (as defined
in section 301(14) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30101(14))) of
a political party,
* * *
(F) which is required to report under the
Federal Election Campaign Act of 1971 (52
U.S.C. 30101 et seq.) as a political committee
(as defined in section 301(4) of such Act (52
U.S.C. 30101(4))), or
Sec. 9002(3) (Internal Revenue Code of 1986, Sec. 9002(3))
SEC. 9002. DEFINITIONS.
For purposes of this chapter
* * *
(3) The term ``Commission'' means the Federal
Election Commission established by section 306(a)(1) of
the Federal Election Campaign Act of 1971 (52 U.S.C.
30106(a)(1)).
Sec. 9004(a)(1) (Internal Revenue Code of 1986, Sec. 9004(a)(1))
SEC. 9004. ENTITLEMENT OF ELIGIBLE CANDIDATES TO PAYMENTS
(a) In General.--Subject to the provisions of this chapter--
(1) The eligible candidates of each major party in a
presidential election shall be entitled to equal
payments under section 9006 in an amount which, in the
aggregate, shall not exceed the expenditure limitations
applicable to such candidates under section
315(b)(1)(B) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30116(b)(1)(B)).
Sec. 9008 (Internal Revenue Code of 1986, Sec. 9008)
SEC. 9008. PAYMENTS FOR PRESIDENTIAL NOMINATING CONVENTIONS.
* * *
(b) Entitlement to Payments From the Fund.--
* * *
(5) Adjustment of entitlements.--The entitlements
established by this subsection shall be adjusted in the
same manner as expenditure limitations established by
[section 315(b) and section 315(d) of the Federal
Election Campaign Act of 1971] subsections (b) and (d)
of section 315 of the Federal Election Campaign Act of
1971 (52 U.S.C. 30116(b), (d)) are adjusted pursuant to
the provisions of section 315(c) of such Act (52 U.S.C.
30116(c)).
* * *
(g) Certification by Commission.--Any major party or minor
party may file a statement with the Commission in such form and
manner and at such times as it may require, designating the
national committee of such party. Such statement shall include
the information required by section 303(b) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30103(b)), together
with such additional information as the Commission may require.
Upon receipt of a statement filed under the preceding
sentences, the Commission promptly shall verify such statement
according to such procedures and criteria as it may establish
and shall certify to the Secretary for payment in full to any
such committee of amounts to which such committee may be
entitled under subsection (b). Such certifications shall be
subject to an examination and audit which the Commission shall
conduct no later than December 31, of the calendar year in
which the presidential nominating convention involved is held.
Sec. 9032(3) (Internal Revenue Code of 1986, Sec. 9032(3))
SEC. 9032. DEFINITIONS.
For Purposes of This Chapter.--
* * *
(3) The term ``Commission'' means the Federal
Election Commission established by section 306(a)(1) of
the Federal Election Campaign Act of 1971 (52 U.S.C.
30106(a)(1)).
Sec. 9034(b) (Internal Revenue Code of 1986, Sec. 9034(b))
SEC. 9034. ENTITLEMENT OF ELIGIBLE CANDIDATES TO PAYMENTS.
* * *
(b) Limitations.-- The total amount of payments to which a
candidate is entitled under subsection (a) shall not exceed 50
percent of the expenditure limitation applicable under section
315(b)(1)(A) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30116(b)(1)(A)).
Sec. 9035(a) (Internal Revenue Code of 1986, Sec. 9035(a))
SEC. 9035. QUALIFIED CAMPAIGN EXPENSE LIMITATIONS.
(a) Expenditure Limitations.-- No candidate shall knowingly
incur qualified campaign expenses in excess of the expenditure
limitation applicable under section 315(b)(1)(A) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30116(b)(1)(A)), and
no candidate shall knowingly make expenditures from his
personal funds, or the personal funds of his immediate family,
in connection with his campaign for nomination for election to
the office of President in excess of, in the aggregate,
$50,000.
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
Sec. 1869(c)
Sec. 1869. Definitions
For purposes of this chapter
* * *
(c) ``voter registration lists'' shall mean the
official records maintained by State or local election
officials of persons registered to vote in either the
most recent State or the most recent Federal general
election, or, in the case of a State or political
subdivision thereof that does not require registration
as a prerequisite to voting, other official lists of
persons qualified to vote in such election. The term
shall also include the list of eligible voters
maintained by any Federal examiner pursuant to the
Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.)
where the names on such list have not been included on
the official registration lists or other official lists
maintained by the appropriate State or local officials.
With respect to the districts of Guam and the Virgin
Islands, ``voter registration lists'' shall mean the
official records maintained by territorial election
officials of persons registered to vote in the most
recent territorial general election;
TITLE 29--LABOR
Sec. 3001(a)(8) (Assistive Technology Act of 1998, Sec. 2(a)(8))
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
* * *
(8) The combination of significant recent changes in
Federal policy (including changes to section 508 of the
Rehabilitation Act of 1973 (29 U.S.C. 794d),
accessibility provisions of the Help America Vote Act
of 2002 [(42 U.S.C. 15301 et seq.)] (52 U.S.C. 20901 et
seq.), and the amendments made to the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6301 et
seq.) by the No Child Left Behind Act of 2001) and the
rapid and unending evolution of technology require a
Federal-State investment in State assistive technology
systems to continue to ensure that individuals with
disabilities reap the benefits of the technological
revolution and participate fully in life in their
communities.
TITLE 31--MONEY AND FINANCE
Sec. 1113 note (National Defense Authorization Act for Fiscal Year
2000, Sec. 1031(14))
SEC. 1031. PRESERVATION OF CERTAIN DEFENSE REPORTING
REQUIREMENTS.
Section 3003(a)(1) of the Federal Reports Elimination and
Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to any
report required to be submitted under any of the following
provisions of law:
* * *
(14) Section 101(b)(6) of the Uniformed and Overseas
Citizens Absentee Voting Act [(42 U.S.C. 1973ff(b)(6))]
(52 U.S.C. 20301(b)(6)).
TITLE 36--PATRIOTIC AND NATIONAL OBSERVANCE, CEREMONIES, AND
ORGANIZATIONS
Sec. 510(c)
Sec. 510. Disclosure of and prohibition on certain donations
* * *
(c) Limitation.--The committee shall not accept any donation
from a foreign national (as defined in section 319(b) of the
Federal Election Campaign Act of 1971 [(2 U.S.C. 441e(b)))] (52
U.S.C. 30121(b))).
TITLE 39--POSTAL SERVICE
Sec. 3406(a) (matter before paragraph (1))
Sec. 3406. Balloting materials under the Uniformed and Overseas
Citizens Absentee Voting Act
(a) Balloting materials under the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.)
(individually or in bulk)--
Sec. 3629
Sec. 3629. Reduced rates for voter registration purposes
The Postal Service shall make available to a State or local
voting registration official the rate for any class of mail
that is available to a qualified nonprofit organization under
section 3626 for the purpose of making a mailing that the
official certifies is required or authorized by the National
Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.).
TITLE 42--THE PUBLIC HEALTH AND WELFARE
Sec. 405(r)(9)(A) (matter before clause (i)) (Social Security Act,
Sec. 205(r)(9)(A) (matter before clause (i)))
Sec. 205. (a) The Commissioner of Social Security shall have
full power and authority to make rules and regulations and to
establish procedures, not inconsistent with the provisions of
this subchapter, which are necessary or appropriate to carry
out such provisions, and shall adopt reasonable and proper
rules and regulations to regulate and provide for the nature
and extent of the proofs and evidence and the method of taking
and furnishing the same in order to establish the right to
benefits hereunder.
* * *
(r)(1) The Commissioner of Social Security shall undertake to
establish a program under which--
* * *
(9)(A) The Commissioner of Social Security shall, upon the
request of the official responsible for a State driver's
license agency pursuant to the Help America Vote Act of 2002
(52 U.S.C. 20901 et seq.)--
Sec. 5043(a) (Domestic Volunteer Service Act of 1973, Sec. 403(a))
Sec. 403. (a) No part of any funds appropriated to carry out
this chapter, or any program administered by the Corporation
under this chapter, shall be used to finance, directly or
indirectly, any activity designed to influence the outcome of
any election to Federal office, or the outcome of any election
to any State or local public office, or any voter registration
activity, or to pay the salary of any officer or employee of
the Corporation, who, in an official capacity as such an
officer or employee, engages in any such activity. As used in
this section, the term ``election'' (when referring to an
election for Federal office) has the same meaning given such
term by section 301(1) of the Federal Election Campaign Act of
1971 [(Public Law 92-225)] (52 U.S.C. 30101(1)), and the term
``Federal office'' has the same meaning given such term by
section 301(3) of such Act (52 U.S.C. 30101(3)).
TITLE 47--TELECOMMUNICATIONS
Sec. 315(b)(2)(F) (Communications Act of 1934, Sec. 315(b)(2)(F))
Sec. 315. (a) If any licensee shall permit any person who is
a legally qualified candidate for any public office to use a
broadcasting station, he shall afford equal opportunities to
all other such candidates for that office in the use of such
broadcasting station: Provided, That such licensee shall have
no power of censorship over the material broadcast under the
provisions of this section. No obligation is imposed under this
subsection upon any licensee to allow the use of its station by
any such candidate. Appearance by a legally qualified candidate
on any--
* * *
(b) Charges.--
(1) In general.--The charges made for the use of any
broadcasting station by any person who is a legally
qualified candidate for any public office in connection
with his campaign for nomination for election, or
election, to such office shall not exceed--
* * *
(2) Content of broadcasts.--
* * *
(F) Definitions.--For purposes of this
paragraph, the terms ``authorized committee''
and ``Federal office'' have the meanings given
such terms by section 301 of the Federal
Election Campaign Act of 1971 [(2 U.S.C. 431)]
(52 U.S.C. 30101).
TITLE 48--TERRITORIES AND INSULAR POSSESSIONS
Sec. 1732 note (Public Law 108-376, Sec. 1(5))
SECTION 1. FINDINGS.
Congress finds the following:
* * *
(5) American Samoa law requiring members of the Armed
Forces on active duty and other overseas voters to
register in person also prevents participation in the
Federal election process and is contrary to the
Uniformed and Overseas Citizens Absentee Voting Act (52
U.S.C. 20301 et seq.).
TITLE 50--WAR AND NATIONAL DEFENSE
Sec. 4025 (Servicemembers Civil Relief Act, Sec. 705)
(a) In General.--For the purposes of voting for any Federal
office (as defined in section 301 of the Federal Election
Campaign Act of 1971 [(2 U.S.C. 431)] (52 U.S.C. 30101)) or a
State or local office, a person who is absent from a State in
compliance with military or naval orders shall not, solely by
reason of that absence--
* * *
(b) Spouses.--For the purposes of voting for any Federal
office (as defined in section 301 of the Federal Election
Campaign Act of 1971 [(2 U.S.C. 431)] (52 U.S.C. 30101)) or a
State or local office, a person who is absent from a State
because the person is accompanying the person's spouse who is
absent from that same State in compliance with military or
naval orders shall not, solely by reason of that absence--
TITLE 52--VOTING AND ELECTIONS
Sec. 10101(a)(2)(C)) (Revised Statutes, Sec. 2004(a)(2)(C))
Sec. 2004. (a)(1) All citizens of the United States who are
otherwise qualified by law to vote at any election by the
people in any State, Territory, district, county, city, parish,
township, school district, municipality, or other territorial
subdivision, shall be entitled and allowed to vote at all such
elections, without distinction of race, color, or previous
condition of servitude; any constitution, law, custom, usage,
or regulation of any State or Territory, or by or under its
authority, to the contrary notwithstanding.
(2) No person acting under color of law shall--
* * *
(C) employ any literacy test as a qualification for
voting in any election unless (i) such test is
administered to each individual and is conducted wholly
in writing, and (ii) a certified copy of the test and
of the answers given by the individual is furnished to
him within twenty-five days of the submission of his
request made within the period of time during which
records and papers are required to be retained and
preserved pursuant to title III of the Civil Rights Act
of 1960 [(42 U.S.C. 1974-74e; 74 Stat. 88)] (52 U.S.C.
20701 et seq.): Provided, however, That the Attorney
General may enter into agreements with appropriate
State or local authorities that preparation, conduct,
and maintenance of such tests in accordance with the
provisions of applicable State or local law, including
such special provisions as are necessary in the
preparation, conduct, and maintenance of such tests for
persons who are blind or otherwise physically
handicapped, meet the purposes of this subparagraph and
constitute compliance therewith.
Sec. 10301 note (Fannie Lou Hamer, Rosa Parks, Coretta Scott King,
Cesar E. Chavez, Barbara C. Jordan, William C.
Velasquez, and Dr. Hector P. Garcia Voting Rights
Act Reauthorization and Amendments Act of 2006,
Sec. 2(b))
SEC. 2. CONGRESSIONAL PURPOSE AND FINDINGS.
* * *
(b) Findings.-The Congress finds the following
(1) Significant progress has been made in eliminating
first generation barriers experienced by minority
voters, including increased numbers of registered
minority voters, minority voter turnout, and minority
representation in Congress, State legislatures, and
local elected offices. This progress is the direct
result of the Voting Rights Act of 1965 (52 U.S.C.
10301 et seq.).
* * *
(4) Evidence of continued discrimination includes--
(A) the hundreds of objections interposed,
requests for more information submitted
followed by voting changes withdrawn from
consideration by jurisdictions covered by the
Voting Rights Act of 1965, and section 5 (52
U.S.C. 10304) enforcement actions undertaken by
the Department of Justice in covered
jurisdictions since 1982 that prevented
election practices, such as annexation, at-
large voting, and the use of multi-member
districts, from being enacted to dilute
minority voting strength;
* * *
(C) the continued filing of section 2 (52
U.S.C. 10301) cases that originated in covered
jurisdictions; and
(D) the litigation pursued by the Department
of Justice since 1982 to enforce sections 4(e),
4(f)(4), and 203 of such Act (52 U.S.C.
10303(e), (f)(4), 10503) to ensure that all
language minority citizens have full access to
the political process.
* * *
(6) The effectiveness of the Voting Rights Act of
1965 has been significantly weakened by the United
States Supreme Court decisions in Reno v. Bossier
Parish II and Georgia v. Ashcroft, which have
misconstrued Congress' original intent in enacting the
Voting Rights Act of 1965 and narrowed the protections
afforded by section 5 of such Act (52 U.S.C. 10304).
Sec. 10301 note (Public Law 94-73, Sec. 208)
Sec. 208. If any amendments made by this Act or the
application of any provision thereof to any person or
circumstance is judicially determined to be invalid, the
remainder of the Voting Rights Act of 1965 (52 U.S.C. 10301 et
seq.), or the application of such provision to other persons or
circumstances shall not be affected by such determination.
Sec. 10303(d) (Voting Rights Act of 1965, Sec. 4(d))
Sec. 4. (a)(1) To assure that the right of citizens of the
United States to vote is not denied or abridged on account of
race or color, no citizen shall be denied the right to vote in
any Federal, State, or local election because of his failure to
comply with any test or device in any State with respect to
which the determinations have been made under the first two
sentences of subsection (b) or in any political subdivision of
such State (as such subdivision existed on the date such
determinations were made with respect to such State), though
such determinations were not made with respect to such
subdivision as a separate unit, or in any political subdivision
with respect to which such determinations have been made as a
separate unit, unless the United States District Court for the
District of Columbia issues a declaratory judgment under this
section. No citizen shall be denied the right to vote in any
Federal, State, or local election because of his failure to
comply with any test or device in any State with respect to
which the determinations have been made under the third
sentence of subsection (b) of this section or in any political
subdivision of such State (as such subdivision existed on the
date such determinations were made with respect to such State),
though such determinations were not made with respect to such
subdivision as a separate unit, or in any political subdivision
with respect to which such determinations have been made as a
separate unit, unless the United States District Court for the
District of Columbia issues a declaratory judgment under this
section. A declaratory judgment under this section shall issue
only if such court determines that during the ten years
preceding the filing of the action, and during the pendency of
such action--
* * *
(d) For purposes of this section no State or political
subdivision shall be determined to have engaged in the use of
tests or devices for the purpose or with the effect of denying
or abridging the right to vote on account of race or color, or
in contravention of the guarantees set forth in [section
4(f)(2)] subsection (f)(2) if (1) incidents of such use have
been few in number and have been promptly and effectively
corrected by State or local action, (2) the continuing effect
of such incidents has been eliminated, and (3) there is no
reasonable probability of their recurrence in the future.
Sec. 20104(c) (Voting Accessibility for the Elderly and Handicapped
Act, Sec. 5(c))
Sec. 5. (a) Each State shall make available registration and
voting aids for Federal elections for handicapped and elderly
individuals, including--
* * *
(c) The chief election officer of each State shall provide
public notice, calculated to reach elderly and handicapped
voters, of the availability of aids under this section,
assistance undersection 208 of the Voting Rights Act of 1965
[(42 U.S.C. 1973aa-6)] (52 U.S.C. 10508), and the procedures
for voting by absentee ballot, not later than general public
notice of registration and voting is provided.
Sec. 20106 (Voting Accessibility for the Elderly and Handicapped Act,
Sec. 7)
Sec. 7. This chapter shall not be construed to impair any
right guaranteed by the Voting Rights Act of 1965 [(42 U.S.C.
1973 et seq.)] (52 U.S.C. 10301 et seq.).
Sec. 20301 note (National Defense Authorization Act for Fiscal Year
2002, Sec. 1601(b)(2))
SEC. 1601. SENSE OF CONGRESS REGARDING THE IMPORTANCE OF
VOTING.
* * *
(b) Uniformed Services Voter Defined.--In this section, the
term ``uniformed services voter'' means--
* * *
(2) a member of the merchant marine (as defined in
section 107 of the Uniformed and Overseas Citizens
Absentee Voting Act [(42 U.S.C. 1973ff6)] (52 U.S.C.
20310)); and
Sec. 20302(c) (Uniformed and Overseas Citizens Absentee Voting Act,
Sec. 102(c))
SEC. 102. STATE RESPONSIBILITIES.
* * *
(c) Report on Number of Absentee Ballots Transmitted and
Received.--Not later than 90 days after the date of each
regularly scheduled general election for Federal office, each
State and unit of local government which administered the
election shall (through the State, in the case of a unit of
local government) submit a report to the Election Assistance
Commission (established under the Help America Vote Act of 2002
(52 U.S.C. 20901 et seq.)) on the combined number of absentee
ballots transmitted to absent uniformed services voters and
overseas voters for the election and the combined number of
such ballots which were returned by such voters and cast in the
election, and shall make such report available to the general
public.
Sec. 20302 note (Military and Overseas Voter Empowerment Act, Sec. 576)
SEC. 576. CLARIFICATION REGARDING DELEGATION OF STATE
RESPONSIBILITIES TO LOCAL JURISDICTIONS.
Nothing in the Uniformed and Overseas Citizens Absentee
Voting Act [(42 U.S.C. 1973ff et seq.)] (52 U.S.C. 20301 et
seq.) may be construed to prohibit a State from delegating its
responsibilities in carrying out the requirements of such Act,
including any requirements imposed as a result of the
provisions of and amendments made by this Act, to jurisdictions
in the State.
Sec. 20302 note (Help America Vote Act of 2002, Sec. 703(b))
SEC. 703. REPORT ON ABSENTEE BALLOTS TRANSMITTED AND RECEIVED
AFTER GENERAL ELECTIONS.
* * *
(b) Development of Standardized Format for Reports.--The
Election Assistance Commission, working with the Election
Assistance Commission Board of Advisors and the Election
Assistance Commission Standards Board, shall develop a
standardized format for the reports submitted by States and
units of local government under section 102(c) of the Uniformed
and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302(c))
(as added by subsection (a)), and shall make the format
available to the States and units of local government
submitting such reports.
Sec. 20311 (Military and Overseas Voter Empowerment Act, Sec. 589)
SEC. 589. TECHNOLOGY PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Absent uniformed services voter.--The term
``absent uniformed services voter'' has the meaning
given such term in section 107(1) of the Uniformed and
Overseas Citizens Absentee Voting Act [(42 U.S.C.
1973ff-6(1))] (52 U.S.C. 20310(1)).
(2) Overseas voter.--The term ``overseas voter'' has
the meaning given such term in section 107(5) of such
Act (52 U.S.C. 20310(5)).
(3) Presidential designee.--The term ``Presidential
designee'' means the individual designated under
section 101(a) of such Act (52 U.S.C. 20301(a)).
(b) Establishment.--
(1) In general.--The Presidential designee may
establish 1 or more pilot programs under which the
feasibility of new election technology is tested for
the benefit of absent uniformed services voters and
overseas voters claiming rights under the Uniformed and
Overseas Citizens Absentee Voting Act [(42 U.S.C.
1973ff et seq.)] (52 U.S.C. 20301 et seq.).
* * *
(e) Technical Assistance.--
(1) In general.--The Election Assistance Commission
and the National Institute of Standards and Technology
shall provide the Presidential designee with best
practices or standards in accordance with electronic
absentee voting guidelines established under the first
sentence of section 1604(a)(2) of the National Defense
Authorization Act for Fiscal Year 2002 [(Public Law
107-107; 115 Stat. 1277; 42 U.S.C. 1973ff note)]
(Public Law 107-107; 115 Stat. 1277; 52 U.S.C. 20301
note), as amended by section 567 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal
Year 2005 (Public Law 108375; 118 Stat. 1919) to
support the pilot program or programs.
Sec. 20502 (National Voter Registration Act of 1993, Sec. 3)
SEC. 3. DEFINITIONS.
As used in this Act--
(1) the term ``election'' has the meaning stated in
section 301(1) of the Federal Election Campaign Act of
1971 [(2 U.S.C. 431(1))] (52 U.S.C. 30101(1));
(2) the term ``Federal office'' has the meaning
stated in section 301(3) of the Federal Election
Campaign Act of 1971 [(2 U.S.C. 431(3))] (52 U.S.C.
30101(3));
Sec. 20505 (National Voter Registration Act of 1993, Sec. 6)
SEC. 6. MAIL REGISTRATION
* * *
(c) First-Time Voters.--(1) Subject to paragraph (2), a State
may by law require a person to vote in person if--
* * *
(2) Paragraph (1) does not apply in the case of a
person--
(A) who is entitled to vote by absentee
ballot under the Uniformed and Overseas
Citizens Absentee Voting Act [(42 U.S.C.
1973ff1 et seq.)] (52 U.S.C. 20301 et seq.);
(B) who is provided the right to vote
otherwise than in person under section
3(b)(2)(B)(ii) of the Voting Accessibility for
the Elderly and Handicapped Act [(42 U.S.C.
1973ee-1(b)(2)(B)(ii))] (52 U.S.C.
20102(b)(2)(B)(ii)); or
Sec. 20507(b)(1) (National Voter Registration Act of 1993,
Sec. 8(b)(1))
SEC. 8. REQUIREMENTS WITH RESPECT TO ADMINISTRATION OF VOTER
REGISTRATION.
* * *
(b) Confirmation of Voter Registration.--Any State program or
activity to protect the integrity of the electoral process by
ensuring the maintenance of an accurate and current voter
registration roll for elections for Federal office--
(1) shall be uniform, nondiscriminatory, and in
compliance with the Voting Rights Act of 1965 [(42
U.S.C. 1973 et seq.)] (52 U.S.C. 10301 et seq.); and
Sec. 20510(d) (National Voter Registration Act of 1993, Sec. 11(d))
SEC. 11. CIVIL ENFORCEMENT AND PRIVATE RIGHT OF ACTION.
* * *
(d) Relation to Other Laws.--(1) The rights and remedies
established by this section are in addition to all other rights
and remedies provided by law, and neither the rights and
remedies established by this section nor any other provision of
this Act shall supersede, restrict, or limit the application of
the Voting Rights Act of 1965 [(42 U.S.C. 1973 et seq.)] (52
U.S.C. 10301 et seq.).
(2) Nothing in this Act authorizes or requires conduct that
is prohibited by the Voting Rights Act of 1965 [(42 U.S.C. 1973
et seq.)] (52 U.S.C. 10301 et seq.).
Sec. 20902 note (Financial Services and General Government
Appropriations Act, 2009, Sec. 625(b))
Sec. 625. (a) Section 102(a)(3)(B) of the Help America Vote
Act of 2002 (42 U.S.C. 15302(a)(3)(B)) is amended by striking
``March 1, 2008'' and inserting ``November 1, 2010''.
(b) The amendment made by subsection (a) shall take effect as
if included in the enactment of the Help America Vote Act of
2002 (52 U.S.C. 20901 et seq.).
Sec. 20902 note (U.S. Troop Readiness, Veterans' Care, Katrina
Recovery, and Iraq Accountability Appropriations
Act, 2007, Sec. 6301(b))
Sec. 6301. (a) Section 102(a)(3)(B) of the Help America Vote
Act of 2002 (42 U.S.C. 15302(a)(3)(B)) is amended by striking
``January 1, 2006'' and inserting ``March 1, 2008''.
(b) The amendment made by subsection (a) shall take effect as
if included in the enactment of the Help America Vote Act of
2002 (52 U.S.C. 20901 et seq.).
Sec. 20929 (Help America Vote Act of 2002, Sec. 209)
SEC. 209. LIMITATION ON RULEMAKING AUTHORITY.
The Commission shall not have any authority to issue any
rule, promulgate any regulation, or take any other action which
imposes any requirement on any State or unit of local
government, except to the extent permitted under section 9(a)
of the National Voter Registration Act of 1993 [(42 U.S.C.
1973gg-7(a))] (52 U.S.C. 20508(a)).
Sec. 20982(a)(1) (Help America Vote Act of 2002, Sec. 242(a)(1))
SEC. 242. STUDY, REPORT, AND RECOMMENDATIONS ON BEST PRACTICES
FOR FACILITATING MILITARY AND OVERSEAS VOTING.
(a) Study.--
(1) In general.-- The Commission, in consultation
with the Secretary of Defense, shall conduct a study on
the best practices for facilitating voting by absent
uniformed services voters (as defined in section 107(1)
of the Uniformed and Overseas Citizens Absentee Voting
Act (52 U.S.C. 20310(1))) and overseas voters (as
defined in section 107(5) of such Act (52 U.S.C.
20310(5))).
Sec. 21001(b)(3) (Help America Vote Act of 2002, Sec. 251(b)(3))
SEC. 251. REQUIREMENTS PAYMENTS.
* * *
(b) Use of Funds.--
* * *
(3) Activities under uniformed and overseas citizens
absentee voting act.--A State shall use a requirements
payment made using funds appropriated pursuant to the
authorization under section 257(a)(4) only to meet the
requirements under the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20301 et seq.) imposed
as a result of the provisions of and amendments made by
the Military and Overseas Voter Empowerment Act.
Sec. 21003(e) (Help America Vote Act of 2002, Sec. 253(e))
SEC. 253. CONDITION FOR RECEIPT OF FUNDS.
* * *
(e) Chief State Election Official Defined.--In this subtitle,
the ``chief State election official'' of a State is the
individual designated by the State under section 10 of the
National Voter Registration Act of 1993 [(42 U.S.C. 1973gg-8)]
(52 U.S.C. 20509) to be responsible for coordination of the
State's responsibilities under such Act.
Sec. 21006 (matter before paragraph (1)) (Help America Vote Act of
2002, Sec. 256 (matter before paragraph (1)))
SEC. 256. REQUIREMENT FOR PUBLIC NOTICE AND COMMENT.
For purposes of [section 251(a)(1)(C)] section 253(b)(1)(C),
a State plan meets the public notice and comment requirements
of this section if--
Sec. 21041(b)(1) (Help America Vote Act of 2002, Sec. 271(b)(1))
SEC. 271. GRANTS FOR RESEARCH ON VOTING TECHNOLOGY
IMPROVEMENTS.
* * *
(b) Eligibility.--An entity is eligible to receive a grant
under this subpart if it submits to the Commission (at such
time and in such form as the Commission may require) an
application containing--
(1) certifications that the research and development
funded with the grant will take into account the need
to make voting equipment fully accessible for
individuals with disabilities, including the blind and
visually impaired, the need to ensure that such
individuals can vote independently and with privacy,
and the need to provide alternative language
accessibility for individuals with limited proficiency
in the English language (consistent with the
requirements of the Voting Rights Act of 1965 (52
U.S.C. 10301 et seq.)); and
Sec. 21051(b)(1) (Help America Vote Act of 2002, Sec. 281(b)(1))
SEC. 281. PILOT PROGRAM.
* * *
(b) Eligibility.--An entity is eligible to receive a grant
under this subpart if it submits to the Commission (at such
time and in such form as the Commission may require) an
application containing
(1) certifications that the pilot programs funded
with the grant will take into account the need to make
voting equipment fully accessible for individuals with
disabilities, including the blind and visually
impaired, the need to ensure that such individuals can
vote independently and with privacy, and the need to
provide alternative language accessibility for
individuals with limited proficiency in the English
language (consistent with the requirements of the
Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) and
the requirements of this Act); and
Sec. 21081(a)(4) (Help America Vote Act of 2002, Sec. 301(a)(4))
SEC. 301. VOTING SYSTEMS STANDARDS.
(a) Requirements.-- Each voting system used in an election
for Federal office shall meet the following requirements:
* * *
(4) Alternative language accessibility.-- The voting
system shall provide alternative language accessibility
pursuant to the requirements of section 203 of the
Voting Rights Act of 1965 [(42 U.S.C. 1973aa-1a)] (52
U.S.C. 10503).
Sec. 21082(a) (matter after paragraph (5)(B)) (Help America Vote Act of
2002, Sec. 302(a) (matter after paragraph (5)(B)))
SEC. 302. PROVISIONAL VOTING AND VOTING INFORMATION
REQUIREMENTS.
* * *
(5)(A) At the time that an individual casts a
provisional ballot, the appropriate State or local
election official shall give the individual written
information that states that any individual who casts a
provisional ballot will be able to ascertain under the
system established under subparagraph (B) whether the
vote was counted, and, if the vote was not counted, the
reason that the vote was not counted.
(B) The appropriate State or local election official
shall establish a free access system (such as a toll-
free telephone number or an Internet website) that any
individual who casts a provisional ballot may access to
discover whether the vote of that individual was
counted, and, if the vote was not counted, the reason
that the vote was not counted.
States described in section 4(b) of the National Voter
Registration Act of 1993 [42 U.S.C. 1973gg-2(b))] (52 U.S.C.
20503(b)) may meet the requirements of this subsection using
voter registration procedures established under applicable
State law. The appropriate State or local official shall
establish and maintain reasonable procedures necessary to
protect the security, confidentiality, and integrity of
personal information collected, stored, or otherwise used by
the free access system established under paragraph (5)(B).
Access to information about an individual provisional ballot
shall be restricted to the individual who cast the ballot.
Sec. 21083 (Help America Vote Act of 2002, Sec. 303)
SEC. 303. COMPUTERIZED STATEWIDE VOTE REGISTRATION LIST
REQUIREMENTS AND REQUIREMENTS FOR VOTERS WHO REGISTER BY MAIL.
(a) Computerized Statewide Voter Registration List
Requirements.--
* * *
(2) Computerized list maintenance.--
(A) In general.-- The appropriate State or
local election official shall perform list
maintenance with respect to the computerized
list on a regular basis as follows:
(i) If an individual is to be removed
from the computerized list, such
individual shall be removed in
accordance with the provisions of the
National Voter Registration Act of 1993
[(42 U.S.C. 1973gg et seq.)] (52 U.S.C.
20501 et seq.), including subsections
(a)(4), (c)(2), (d), and (e) of section
8 of such Act [(42 U.S.C. 1973gg-6)]
(52 U.S.C. 20507).
(ii) For purposes of removing names
of ineligible voters from the official
list of eligible voters--
(I) under section 8(a)(3)(B)
of such Act [(42 U.S.C. 1973gg-
6(a)(3)(B))] (52 U.S.C.
20507(a)(3)(B)), the State
shall coordinate the
computerized list with State
agency records on felony
status; and
(II) by reason of the death
of the registrant under section
8(a)(4)(A) of such Act [(42
U.S.C. 1973gg-6(a)(4)(A))] (52
U.S.C. 20507(a)(4)(A)), the
State shall coordinate the
computerized list with State
agency records on death.
(iii) Notwithstanding the preceding
provisions of this subparagraph, if a
State is described in section 4(b) of
the National Voter Registration Act of
1993 [(42 U.S.C. 1973gg-2(b))] (52
U.S.C. 20503(b)), that State shall
remove the names of ineligible voters
from the computerized list in
accordance with State law.
* * *
(4) Minimum standard for accuracy of State voter
registration records.--The State election system shall
include provisions to ensure that voter registration
records in the State are accurate and are updated
regularly, including the following:
(A) A system of file maintenance that makes a
reasonable effort to remove registrants who are
ineligible to vote from the official list of
eligible voters. Under such system, consistent
with the National Voter Registration Act of
1993 [(42 U.S.C. 1973gg et seq.)] (52 U.S.C.
20501 et seq.), registrants who have not
responded to a notice and who have not voted in
2 consecutive general elections for Federal
office shall be removed from the official list
of eligible voters, except that no registrant
may be removed solely by reason of a failure to
vote.
* * *
(b) Requirements for Voters Who Register by Mail.--
(1) In general.--Notwithstanding section 6(c) of the
National Voter Registration Act of 1993 [(42 U.S.C.
1973gg-4(c))] (52 U.S.C. 20505(c)) and subject to
paragraph (3), a State shall, in a uniform and
nondiscriminatory manner, require an individual to meet
the requirements of paragraph (2) if--
* * *
(3) Inapplicability.--Paragraph (1) shall not apply
in the case of a person--
(A) who registers to vote by mail under
section 6 of the National Voter Registration
Act of 1993 [(42 U.S.C. 1973gg-4)] (52 U.S.C.
20505) and submits as part of such registration
either--
* * *
(B)(i) who registers to vote by mail under
section 6 of the National Voter Registration
Act of 1993 [(42 U.S.C. 1973gg-4)] (52 U.S.C.
20505) and submits with such registration
either--
* * *
(C) who is--
(i) entitled to vote by absentee
ballot under the Uniformed and Overseas
Citizens Absentee Voting Act [(42
U.S.C. 1973ff-1 et seq.)] (52 U.S.C.
20301 et seq.);
(ii) provided the right to vote
otherwise than in person under section
3(b)(2)(B)(ii) of the Voting
Accessibility for the Elderly and
Handicapped Act [(42 U.S.C. 1973ee-
1(b)(2)(B)(ii))] (52 U.S.C.
20102(b)(2)(B)(ii)); or
* * *
(4) Contents of mail-in registration form.--
(A) In general.--The mail voter registration
form developed under section 6 of the National
Voter Registration Act of 1993 [(42 U.S.C.
1973gg-4)] (52 U.S.C. 20505) shall include the
following:
* * *
(5) Construction.--Nothing in this subsection shall
be construed to require a State that was not required
to comply with a provision of the National Voter
Registration Act of 1993 [(42 U.S.C. 1973gg et seq.)]
(52 U.S.C. 20501 et seq.) before the date of the
enactment of this Act to comply with such a provision
after such date.
Sec. 21132 (Help America Vote Act of 2002, Sec. 802(a))
SEC. 802. NATIONAL VOTER REGISTRATION ACT OF 1993.
(a) Transfer of Functions.-- There are transferred to the
Election Assistance Commission established under section 201
(52 U.S.C. 20921) all functions which the Federal Election
Commission exercised under section 9(a) of the National Voter
Registration Act [(42 U.S.C. 1973gg-7(a))] (52 U.S.C. 20508(a))
before the date of the enactment of this Act.
Sec. 21144(a) (Help America Vote Act of 2002, Sec. 905(a))
SEC. 905. OTHER CRIMINAL PENALTIES.
(a) Conspiracy To Deprive Votes of a Fair Election.--Any
individual who knowingly and willfully gives false information
in registering or voting in violation of section 11(c) of the
National Voting Rights Act of 1965 [(42 U.S.C. 1973i(c))] (52
U.S.C. 10307(c)), or conspires with another to violate such
section, shall be fined or imprisoned, or both, in accordance
with such section.
Sec. 21145 (Help America Vote Act of 2002, Sec. 906)
SEC. 906. NO EFFECT ON OTHER LAWS.
(a) In General.--Except as specifically provided in section
303(b) of this Act (52 U.S.C. 21083(b)) with regard to the
National Voter Registration Act of 1993 [(42 U.S.C. 1973gg et
seq.)] (52 U.S.C. 20501 et seq.), nothing in this Act may be
construed to authorize or require conduct prohibited under any
of the following laws, or to supersede, restrict, or limit the
application of such laws:
(1) The Voting Rights Act of 1965 [(42 U.S.C. 1973 et
seq.)] (52 U.S.C. 10301 et seq.).
(2) The Voting Accessibility for the Elderly and
Handicapped Act [(42 U.S.C. 1973ee et seq.)] (52 U.S.C.
20101 et seq.).
(3) The Uniformed and Overseas Citizens Absentee
Voting Act [(42 U.S.C. 1973ff et seq.)] (52 U.S.C.
20301 et seq.).
(4) The National Voter Registration Act of 1993 [(42
U.S.C. 1973gg et seq.)] (52 U.S.C. 20501 et seq.).
* * *
(b) No effect on Preclearance or Other Requirements Under
Voting Rights Act.--The approval by the Administrator or the
Commission of a payment or grant application under title I or
title II, or any other action taken by the Commission or a
State under such title, shall not be considered to have any
effect on requirements for preclearance under section 5 of the
Voting Rights Act of 1965 [(42 U.S.C. 1973c)] (52 U.S.C. 10304)
or any other requirements of such Act (52 U.S.C. 10301 et
seq.).
Sec. 30101 note (Bipartisan Campaign Reform Act of 2002, Sec. 402)
SEC. 402. EFFECTIVE DATES AND REGULATIONS.
(a) General Effective Date.--
* * *
(4) Provisions not to apply to runoff elections.--
Section 323(b) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30125(b)) (as added by section 101(a)),
section 103(a), title II, sections 304 (including
[section 315(j) of Federal Election Campaign Act of
1971] section 315(j) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30116(j)), as added by section
304(a)(2)), 305 (notwithstanding subsection (c) of such
section), 311, 316, 318, and 319, and title V (and the
amendments made by such sections and titles) shall take
effect on November 6, 2002, but shall not apply with
respect to runoff elections, recounts, or election
contests resulting from elections held prior to such
date.
(b) Soft Money of National Political Parties.--
(1) In general.--Except for subsection (b) of such
section, section 323 of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30125) (as added by section
101(a)) shall take effect on November 6, 2002.
(2) Transitional rules for the spending of soft money
of national political parties.--
(A) In general.--Notwithstanding section
323(a) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30125(a)) (as added by section
101(a)), if a national committee of a political
party described in such section (including any
person who is subject to such section under
paragraph (2) of such section), has received
funds described in such section prior to
November 6, 2002, the rules described in
subparagraph (B) shall apply with respect to
the spending of the amount of such funds in the
possession of such committee as of such date.
(B) Use of excess soft money funds.--
* * *
(ii) Prohibition on using soft money
for hard money expenses, debts, and
obligations.--A national committee of a
political party may not use the amount
described in subparagraph (A) for any
expenditure (as defined in section
301(9) of the Federal Election Campaign
Act of 1971 [(2 U.S.C. 431(9)))] (52
U.S.C. 30101(9))) or for retiring
outstanding debts or obligations that
were incurred for such an expenditure.
Sec. 30101 note (Federal Election Campaign Act Amendments of 1979,
Sec. 301(b))
Sec. 301. (a) Except as provided in subsection (b), the
amendments made by this Act are effective upon enactment.
(b) For authorized committees of candidates for President and
Vice President, section 304(b) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30104(b)) shall be effective for
elections occurring after January 1, 1981.
Sec. 30101 note (Federal Election Campaign Act Amendments of 1979,
Sec. 303(b))
Sec. 303. (a) The Federal Election Commission shall transmit
to the Congress proposed rules and regulations necessary for
the purpose of implementing the provisions of this Act, and the
amendments made by this Act, prior to February 29, 1980.
(b) The provisions of section 311(d) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30111(d)) allowing disapproval
of rules and regulations by either House of Congress within 30
legislative days after receipt shall, with respect to rules and
regulations required to be proposed under subsection (a) of
this section, be deemed to allow such disapproval within 15
legislative days after receipt.
Sec. 30104 note (Honest Leadership and Open Government Act of 2007,
Sec. 204(b))
SEC. 204. DISCLOSURE OF BUNDLED CONTRIBUTIONS.
* * *
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to reports filed under section 304 of
the Federal Election Campaign Act of 1971 (52 U.S.C. 30104)
after the expiration of the 3-month period which begins on the
date that the regulations required to be promulgated by the
Federal Election Commission under section 304(i)(5) of such Act
(52 U.S.C. 30104(i)(5)) (as added by subsection (a)) become
final.
Sec. 30104 note (Bipartisan Campaign Reform Act of 2002, Sec. 201(b))
SEC. 201. DISCLOSURE OF ELECTIONEERING COMMUNICATIONS.
* * *
(b) Responsibilities of Federal Communications Commission.--
The Federal Communications Commission shall compile and
maintain any information the Federal Election Commission may
require to carry out section 304(f) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30104(f)) (as added by
subsection (a)), and shall make such information available to
the public on the Federal Communication Commission's website.
Sec. 30112(b) (Bipartisan Campaign Reform Act of 2002, Sec. 502(b))
SEC. 502. MAINTENANCE OF WEBSITE OF ELECTION REPORTS.
* * *
(b) Election-Related Report.--In this section, the term
``election-related report'' means any report, designation, or
statement required to be filed under the Federal Election
Campaign Act of 1971 (52 U.S.C. 30101 et seq.).
Sec. 30119 (Federal Election Campaign Act of 1971, Sec. 317)
Sec. 317. (a) It shall be unlawful for any person--
* * *
(b) 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 321] provisions of section 316 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
321] under section 316 applies to a corporation, labor
organization, or separate segregated fund to which this
subsection applies.
(c) For purposes of this section, the term ``labor
organization'' has the meaning given it by [section 321(b)(1)]
section 316(b)(1).