    [United States Senate Manual, 104th Congress]
    [S. Doc. 104-1]
    [USCODETITLE]
    [Pages 242-581]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    [[Page 242]]

                                   TITLE 2.--THE CONGRESS

                    Chapter 1.--ELECTION OF SENATORS AND REPRESENTATIVES

           205  Sec. 1. Time for election of Senators.

                    At the regular election held in any State next preceding
                the expiration of the term for which any Senator was elected
                to represent such State in Congress, at which election a
                Representative to Congress is regularly by law to be chosen,
                a United States Senator from said State shall be elected by
                the people thereof for the term commencing on the 3d day of
                January next thereafter. (June 4, 1914, ch. 103, Sec. 1, 38
                Stat. 384; June 5, 1934, ch. 390, Sec. 3, 48 Stat. 879.)

         205.1                    Constitutional Provisions

                    The first section of Amendment XX to the Constitution
                provides in part: ``* * * the terms of Senators and
                Representatives [shall end] at noon on the 3d day of
                January, of the years in which such terms would have ended
                if this article had not been ratified; and the terms of
                their successors shall then begin.''

                                Cross References

                    Time for election of Senators, see Const. Art. I,
                Sec. 4, cl. 1 (Senate Manual section 761.14).
                    Vacancies in the Senate, see Const. Amend. XVII (Senate
                Manual section 787).

           206  Sec. 1a. Election to be certified by governor.

                    It shall be the duty of the executive of the State from
                which any Senator has been chosen to certify his election,
                under the seal of the State, to the President of the Senate
                of the United States. (R.S. Sec. 18.)

           207  Sec. 1b. Same; countersignature by secretary of state.

                    The certificate mentioned in section 1a of this title
                shall be countersigned by the secretary of state of the
                State. (R.S. Sec. 19.)

                            Chapter 2.--ORGANIZATION OF CONGRESS

           210  Sec. 21. Oath of Senators.

                    The oath of office shall be administered by the
                President of the Senate to each Senator who shall be
                elected, previous to his taking his seat. (R.S. Sec. 28.)

           211  Sec. 22. Oath of President of Senate.

                    When a President of the Senate has not taken the oath of
                office, it shall be administered to him by any Member of the
                Senate. (R.S. Sec. 29.)

           212  Sec. 23. Presiding officer of Senate may administer oaths.

                    The presiding officer, for the time being, of the Senate
                of the United States, shall have power to administer all
                oaths and affirmations that are or may be required by the
                Constitution, or by law, to be taken by any Senator, officer
                of the Senate, witness, or other person, in respect

    [[Page 243]]

                to any matter within the jurisdiction of the Senate. (Apr.
                18, 1876, ch. 66, Sec. 1, 19 Stat. 34.)
           213  Sec. 24. Secretary of Senate or Assistant Secretary may
                    administer oaths.
                    The Secretary of the Senate, and the Assistant Secretary
                thereof, shall, respectively, have power to administer any
                oath or affirmation required by law, or by the rules or
                orders of the Senate, to be taken by any officer of the
                Senate, and to any witness produced before it. (Apr. 18,
                1876, ch. 66, Sec. 2, 19 Stat. 34; amended, Pub. L. 92-51,
                Sec. 101, July 9, 1971, 85 Stat. 126.)
           214  Sec. 27. Change of place of meeting.
                    Whenever Congress is about to convene, and from the
                prevalence of contagious sickness, or the existence of other
                circumstances, it would, in the opinion of the President, be
                hazardous to the lives or health of the Members to meet at
                the seat of Government, the President, is authorized, by
                proclamation, to convene Congress at such other place as he
                may judge proper. (R.S. Sec. 34.)

           215  Sec. 30. Term of service of Members of Congress as trustees
                    or directors of corporations or institutions
                    appropriated for.
                    In all cases where Members of Congress or Senators are
                appointed to represent Congress on any board of trustees or
                board of directors of any corporation or institution to
                which Congress makes any appropriation, the term of said
                Members or Senators, as such trustee or director, shall
                continue until the expiration of two months after the first
                meeting of the Congress chosen next after their appointment.
                (Mar. 3, 1893, ch. 199, Sec.  1, 27 Stat. 553.)

          215a  Sec. 30a. Jury duty exemption of elected officials of the
                    legislative branch
                    (a) Notwithstanding any other provision of Federal,
                State or local law, no elected official of the legislative
                branch of the United States Government shall be required to
                serve on a grand or petit jury, convened by any Federal,
                State or local court, whether such service is requested by
                judicial summons or by some other means of compulsion.
                    (b) ``Elected official of the legislative branch'' shall
                mean each Member of the United States House of
                Representatives, the Delegates from the District of
                Columbia, Guam, the American Virgin Islands, and American
                Samoa, and the Resident Commissioner from Puerto Rico, and
                each United States Senator. (Pub. L. 101-520, Title III,
                Sec. 310. Nov. 5, 1990, 104 Stat. 2278.)

                             Chapter 3.--COMPENSATION OF MEMBERS

           220  Sec. 31. Compensation of Members of Congress.
                    (1) The annual rate of pay for--
                                (A) each Senator, Member of the House of
                            Representatives, and Delegate to the House of
                            Representatives, and the Resident Commissioner
                            from Puerto Rico,

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                                (B) the President pro tempore of the Senate,
                            the Majority Leader and the Minority Leader of
                            the Senate, and the Majority Leader and the
                            Minority Leader of the House of Representatives,
                            and
                                (C) the Speaker of the House of
                            Representatives,

                shall be the rate determined for such positions under
                sections 351 to 361 of this title, as adjusted by paragraph
                (2) of this section.

                    (2)(A) Subject to subparagraph (B), effective at the
                beginning of the first applicable pay period commencing on
                or after the first day of the month in which an adjustment
                takes effect under section 5303 of Title 5 in the rates of
                pay under the General Schedule, each annual rate referred to
                in paragraph (1) shall be adjusted by an amount, rounded to
                the nearest multiple of $100 (or if midway between multiples
                of $100, to the next higher multiple of $100), equal to the
                percentage of such annual rate which corresponds to the most
                recent percentage change in the ECI (relative to the date
                described in the next sentence), as determined under section
                704(a)(1) of the Ethics Reform Act of 1989. The appropriate
                date under this sentence is the first day of the fiscal year
                in which such adjustment in the rates of pay under the
                General Schedule takes effect.
                    (B) In no event shall the percentage adjustment taking
                effect under subparagraph (A) in any calendar year (before
                rounding) in any rate of pay, exceed the percentage
                adjustment taking effect in such calendar year under section
                5303 of title 5, United States Code, in the rates of pay
                under the General Schedule. (Mar. 4, 1925, c. 549, Sec. 4,
                43 Stat. 1301; May 17, 1932, c. 190, 47 Stat. 158; Aug. 2,
                1946, c. 753, Title VI, Sec. 601(a), 60 Stat. 860; Jan. 19,
                1949, c. 2, Sec. 1(d), 63 Stat. 4; Mar. 2, 1955, c. 9,
                Sec. 4(a), 69 Stat. 11; Aug. 14, 1964, Pub. L. 88-426, Title
                II, Sec. 204, 78 Stat. 415; Oct. 29, 1965, Pub. L. 89-301,
                Sec. 11(e), 79 Stat. 1120; Dec. 16, 1967, Pub. L. 90-206,
                Title II, Sec. 225(h), 81 Stat. 644; Sept. 15, 1969, Pub. L.
                91-67, Sec. 2, 83 Stat. 107; Aug. 9, 1975, Pub. L. 94-82,
                Title II, Sec. 204(a), 89 Stat. 421; Nov. 30, 1989, Pub. L.
                101-194, Title VII, Sec. 704(a)(2)(B), 103 Stat. 1769; Nov.
                5, 1990, Pub. L. 101-509, Title I, Sec. 101(b)(4)(D), 104
                Stat. 1439; Oct. 13, 1994, Pub. L. 103-356, Sec. 101, 108
                Stat. 3410.)
                Sec. 31-1 (Repealed) (Aug. 14, 1991, Pub. L. 102-90,
                    Sec. 6(c), Honoraria prohibited Title V, Ethics in
                    Government Act of 1978 (5 U.S.C. App))
         220.1  Sec. 31-2. Gifts and travel.
                (a) Gifts
                    (1) No Member, officer, or employee of the Senate, or
                the spouse or dependent thereof, shall knowingly accept,
                directly or indirectly, any gift or gifts in any calendar
                year aggregating more than the minimum value as established
                by section 7342(a)(5) of title 5, U.S.C. or $250, whichever
                is greater from any person, organization, or corporation
                unless, in an unusual case, a waiver is granted by the
                Select Committee on Ethics.
                    (2) The prohibitions of this subsection do not apply to
                gifts--
                                (A) from relatives;
                                (B) with a value of $100 or less, as
                            adjusted under section 102(a)(2)(A) of the
                            Ethics in Government Act of 1978, or
                                (C) of personal hospitality of an
                            individual.

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                                (D) Repealed. Pub. L. 101-280,
                            Sec. 8(1)(A)(iii), May 4, 1990, 104 Stat. 162.
                    (3) For purposes of this subsection--
                                (A) the term ``gift'' means a payment,
                            subscription, advance, forbearance, rendering,
                            or deposit of money, services, or anything of
                            value, including food, lodging, transportation,
                            or entertainment, and reimbursement for other
                            than necessary expenses, unless consideration of
                            equal or greater value is received, but does not
                            include (1) a political contribution otherwise
                            reported as required by law, (2) a loan made in
                            a commercially reasonable manner (including
                            requirements that the loan be repaid and that a
                            reasonable rate of interest be paid, (3) a
                            bequest, inheritance, or other transfer at
                            death, (4) a bona fide award presented in
                            recognition of public service and available to
                            the general public, (5) a reception at which the
                            Member, officer, or employee is to be honored,
                            provided such individual receives no other gifts
                            that exceed the restrictions in this rule, other
                            than a suitable memento, (6) meals or beverages
                            consumed or enjoyed, provided the meals or
                            beverages are not consumed or enjoyed in
                            connection with a gift of overnight lodging, or
                            (7) anything of value given to a spouse or
                            dependent of a reporting individual by the
                            employer of such spouse or dependent in
                            recognition of the service provided by such
                            spouse or dependent; and
                    (B) the term ``relative'' has the same meaning given to
                such term in section 107(2) of title I of the Ethics in
                Government Act of 1978 (Pub. L. 95-521).
                    (4) If a Member, officer, or employee, after exercising
                reasonable diligence to obtain the information necessary to
                comply with this rule, unknowingly accepts a gift described
                in paragraph (1) such Member, officer, or employee shall,
                upon learning of the nature of the gift and its source,
                return the gift or, if it is not possible to return the
                gift, reimburse the donor for the value of the gift.
                    (5)(A) Notwithstanding the provisions of this
                subsection, a Member, officer, or employee of the Senate may
                participate in a program, the principle objective of which
                is educational, sponsored by a foreign government or a
                foreign educational or charitable organization involving
                travel to a foreign country paid for by that foreign
                government or organization if such participation is not in
                violation of any law and if the select Committee on Ethics
                has determined that participation in such program by
                Members, officers, or employees of the Senate is in the
                interests of the Senate and the United States.
                    (B) Any Member who accepts an invitation to participate
                in any such program shall notify the Select Committee in
                writing of his acceptance. A Member shall also notify the
                Select Committee in writing whenever he has permitted any
                officer or employee whom he supervises to participate in any
                such program. The chairman of the Select Committee shall
                place in the Congressional Record a list of all individuals,
                participating, the supervisors of such individuals where
                applicable; and the nature and itinerary of such program.
                    (C) No Member, officer, or employee may accept funds in
                connection with participation in a program permitted under
                subparagraph (A) if such funds are not used for necessary
                food, lodging, transportation, and related expenses of the
                Member, officer, or employee.

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                (b) Limits on domestic and foreign travel by members and
                    staff of the Senate.
                    The term ``necessary expenses,'' with respect to limits
                on domestic and foreign travel by Members and staff of the
                Senate, means reasonable expenses for food, lodging, or
                transportation, which are incurred by a Member, officer, or
                employee of the Senate in connection with services provided
                to (or participation in an event sponsored by) the
                organization which provides reimbursement for such expenses
                or which provides the food, lodging, or transportation
                directly. Necessary expenses do not include the provision of
                food, lodging, or transportation, or the payment for such
                expenses, for a continuous period in excess of 3 days
                exclusive of travel time within the United States or 7 days
                exclusive of travel time outside of the United States unless
                such travel is approved by the Committee on Ethics as
                necessary for participation in a conference, seminar,
                meeting or similar matter. Necessary expenses do not include
                the provision of food, lodging, or transportation, or the
                payment for such expenses, for anyone accompanying a Member,
                officer, or employee of the Senate, other than the spouse or
                child of such Member, officer, or employee of the Senate or
                one Senate employee acting as an aide to a Member. (Pub. L.
                101-194, Title IX, Sec. 901, Nov. 30, 1989, 103 Stat. 1778;
                amended Pub. L. 101-280, Sec. 8, May 4, 1990, 104 Stat. 162;
                Pub. L. 102-90, Sec. 314, Aug. 14, 1991, 105 Stat. 469).
         220.5  Sec. 31a-1. Expense allowance of Majority and Minority
                    Leaders of Senate; expense allowance of Majority and
                    Minority Whips; methods of payment; taxability.
                    Effective fiscal year 1978 and each fiscal year
                thereafter, the expense allowances of the Majority and
                Minority Leaders of the Senate are increased to $10,000 each
                fiscal year for each leader: Provided, That, effective with
                the fiscal year 1983 and each fiscal year thereafter, the
                expense allowance for the Majority and Minority Whips of the
                Senate which shall not exceed $5,000 each fiscal year for
                each Whip: Provided further, That, during the period
                beginning on January 3, 1977, and ending September 30, 1977,
                and during each fiscal year thereafter, the Vice President,
                the Majority Leader, the Minority Leader, the Majority Whip,
                and the Minority Whip may receive the expense allowance (a)
                as reimbursement for actual expenses incurred upon
                certification and documentation of such expenses by the Vice
                President, the respective Leader or the respective Whip, or
                (b) in equal monthly payments: Provided further, That
                effective January 3, 1977, the amounts paid to the Vice
                President, the Majority or Minority Leader of the Senate, or
                the Majority or Minority Whip of the Senate as reimbursement
                of actual expenses incurred upon certification and
                documentation pursuant to the second proviso of this
                section, shall not be reported as income, and the expenses
                so reimbursed shall not be allowed as a deduction, under
                title 26. (Pub. L. 95-26, title I, Sec. 100, May 4, 1977, 91
                Stat. 79; Pub. L. 95-94, title I, Sec. 109, Aug. 5, 1977, 91
                Stat. 661; Pub. L. 95-355, title I, Sec. 100, Sept. 8, 1978,
                92 Stat. 532; Pub. L. 98-63, title I, Sec. 101, July 30,
                1983, 97 Stat. 333; Pub. L. 99-514, Sec. 2, Oct. 22, 1986,
                100 Stat. 2095.)

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         220.6  Sec. 31a-2. Representation Allowance Account for the
                    Majority and Minority Leaders.
                (a) Establishment within Senate; purpose.
                    There is hereby established an account, within the
                Senate, to be known as the ``Representation Allowance
                Account for the Majority and Minority Leaders''. Such
                Allowance Account shall be used by the Majority and Minority
                Leaders of the Senate to assist them properly to discharge
                their appropriate responsibilities in the United States to
                members of foreign legislative bodies and prominent
                officials of foreign governments and intergovernmental
                organizations.
                (b) Payments; allotment; reimbursement for actual expenses;
                    taxability.
                    Payments authorized to be made under this section shall
                be paid by the Secretary of the Senate. Of the funds
                available for expenditure from such Allowance Account for
                any fiscal year, one-half shall be allotted to the Majority
                Leader and one-half shall be allotted to the Minority
                Leader. Amounts paid from such Allowance Account to the
                Majority or Minority Leader shall be paid to him from his
                allotment and shall be paid to him only as reimbursement for
                actual expenses incurred by him and upon certification and
                documentation of such expenses. Amounts paid to the Majority
                or Minority leader pursuant to this section shall not be
                reported as income and shall not be allowed as a deduction
                under Title 26.
                (c) Authorization of appropriations.
                    There are authorized to be appropriated for each fiscal
                year (commencing with the fiscal year ending September 30,
                1985) not more than $20,000 to the Allowance Account
                established by this section. (Aug. 15, 1985, Pub. L. 99-88,
                Sec. 197, 99 Stat. 350.)
         220.7  Sec. 31a-2a. Administrative provisions.
                    (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) The term ``Leader's Expense Allowance'', when used
                in reference to the Majority or Minority Leader of the
                Senate, refers to the moneys available, for any fiscal year,
                to such Leader as an expense allowance and the appropriation
                account from which such moneys are funded. (July 11, 1987,
                Pub. L. 100-71, Sec. 1, 101 Stat. 422, 423.)

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        220.7a  Sec. 31a-2b Transfers among accounts.
                    (a) Upon the written request of the Majority or Minority
                Leader of the Senate, the Secretary of the Senate shall
                transfer during any fiscal year, from the appropriations
                account appropriated under the headings ``Salaries, Officers
                and Employees'' and ``Offices of the Majority and Minority
                Leaders,'' such amount as either Leader shall specify to the
                appropriations account, within the contingent fund of the
                Senate, ``Miscellaneous Items''.
                    (b) The Majority and Minority Leaders of the Senate are
                each authorized to incur such expenses as may be necessary
                or appropriate. Expenses incurred by either such leader
                shall be paid from the amount transferred pursuant to
                subsection (a) by such leader and upon vouchers approved by
                such leader.
                    (c) The Secretary of the Senate is authorized to advance
                such sums as may be necessary to defray expenses incurred in
                carrying out subsections (a) and (b). (Pub. L. 102-27, April
                10, 1991, 105 Stat. 144.)
         220.8  Sec. 31a-3. Expense allowance for Chairmen of Majority and
                    Minority Conference Committees; method of payment;
                    taxability.
                    For each fiscal year (commencing with the fiscal year
                ending September 30, 1985), there is hereby authorized an
                expense allowance for the Chairmen of the Majority and
                Minority Conference Comittees which shall not exceed $3,000
                each fiscal year for each such Chairman; and amounts from
                such allowance shall be paid to either of such Chairmen only
                as reimbursement for actual expenses incurred by him and
                upon certification and documentation of such expenses, and
                amounts so paid shall not be reported as income and shall
                not be allowed as a deduction under Title 26. (Aug. 15,
                1985, Pub. L. 99-88, Sec. 100, 99 Stat. 348.)

           222  Sec. 32. Compensation of President Pro Tempore of Senate.

                    Whenever there is no Vice President, the President of
                the Senate for the time being is entitled to the
                compensation provided by law for the Vice President. (R.S.
                Sec. 36.)

                                      Cross References

                    Compensation of Vice President, see section 104 of title
                3, United States Code, relating to the President (Senate
                Manual section 421).
                    Mileage of President of Senate, see section 43a of this
                title (Senate Manual section 233).

         222.5  Sec. 32a. Compensation of Deputy President pro tempore of
                    Senate.

                    Effective January 5, 1977, the compensation of a Deputy
                President pro tempore of the Senate shall be at a rate equal
                to the rate of annual compensation of the President pro
                tempore and the Majority and Minority Leaders of the Senate.
                (May 4, 1977, Pub. L. 95-26, Title I, Sec. 100, 91 Stat.
                79.)

                                          Note

                    See Senate Manual section 79.7. The Senate may designate
                any Member to hold the Office of Deputy President pro
                tempore of the Senate. Such person is authorized to appoint
                and fix the compensation of such employees as he deems
                appropriate, but the gross compensation to such employees
                shall not exceed $90,000 for any fiscal year.

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         222.6  Sec. 32b. Expense allowance of President Pro Tempore of
                    Senate; methods of payment; taxability.
                    Effective with fiscal year 1978 and each fiscal year
                thereafter, there is hereby authorized an expense allowance
                for the President Pro Tempore which shall not exceed $10,000
                each fiscal year. The President Pro Tempore may receive the
                expense allowance (1) as reimbursement for actual expenses
                incurred upon certification and documentation of such
                expenses by the President Pro Tempore, or (2) in equal
                monthly payments. Such amounts paid to the President Pro
                Tempore as reimbursement of actual expenses incurred upon
                certification and documentation pursuant to this provision,
                shall not be reported as income, and the expenses so
                reimbursed shall not be allowed as a deduction, under the
                Internal Revenue Code of 1986. (Sept. 8, 1978, Pub. L. 95-
                355, Title I, Sec. 100, 92 Stat. 532.)
           223
                Sec. 33. Senators' salaries
                    Senators elected, whose term of office begins on the 3d
                day of January, and whose credentials in due form of law
                shall have been presented in the Senate, may receive their
                compensation from the beginning of their term. (June 19,
                1934, ch. 648, title I, Sec. 1, 48 Stat. 1022; Oct. 1, 1981,
                Pub. L. 97-51, Sec. 112(b)(2), 95 Stat. 963.)

           224  Sec. 36. Salaries of Senators.
                    Salaries of Senators appointed to fill vacancies in the
                Senate shall commence on the day of their appointment and
                continue until their successors are elected and qualified:
                Provided, That when Senators have been elected during a sine
                die adjournment of the Senate to succeed appointees, the
                salaries of Senators so elected shall commence on the day
                following their election.
                    Salaries of Senators elected during a session to succeed
                appointees shall commence on the day they qualify: Provided,
                That when Senators have been elected during a session to
                succeed appointees, but have not qualified, the salaries of
                Senators so elected shall commence on the day following the
                sine die adjournment of the Senate.
                    When no appointments have been made the salaries of
                Senators elected to fill such vacancies shall commence on
                the day following their election. (Feb. 13, 1935, ch. 6,
                Sec. 1, 49 Stat. 22, 23.)

                                  Similar Provisions

                    1894--July 31, 1894, ch. 174, 28 Stat. 162.
                    1873--R.S. Sec. 51.

           225                    Constitutional Provisions

                    The first section of amendment XX to the Constitution
                provides in part: ``* * * the terms of Senators and
                Representatives [shall end] at noon on the 3d day of
                January, of the years in which such terms would have ended
                if this article had not been ratified; and the terms of
                their successors shall then begin.''

           226  Sec. 36a. Payment of sums due deceased Senators and Senate
                    personnel.

                    Under regulations prescribed by the Secretary of the
                Senate, a person serving as a Senator or officer or employee
                whose compensation is disbursed by the Secretary of the
                Senate may designate a beneficiary or beneficiaries to be
                paid any unpaid balance of salary or other sums

    [[Page 250]]

                due such person at the time of his death. When any person
                dies while so serving, any such unpaid balance shall be paid
                by the disbursing officer of the Senate to the designated
                beneficiary or beneficiaries. If no designation has been
                made, such unpaid balance shall be paid to the widow or
                widower of that person, or if there is no widow or widower,
                to the next of kin or heirs at law of that person. (Jan. 6,
                1951, ch. 1213, Sec. 1, 64 Stat. 1224; Oct. 31, 1972, Pub.
                L. 92-607, Sec. 503, 86 Stat. 1505.)
           227  Sec. 39. Deductions for absence.
                    The Secretary of the Senate and Sergeant at Arms of the
                House, respectively, shall deduct from the monthly payments
                (or other periodic payments authorized by law) of each
                Member or Delegate the amount of his salary for each day
                that he has been absent from the Senate or House,
                respectively, unless such Member or Delegate assigns as the
                reason for such absence the sickness of himself or of some
                member of his family. (R.S. Sec. 40; Oct. 1, 1981, Pub. L.
                97-51, Sec. 112(d), 95 Stat. 963.)
           228  Sec. 40. Deductions for withdrawal.
                    When any Member or Delegate withdraws from his seat and
                does not return before the adjournment of Congress, he
                shall, in addition to the sum deducted for each day, forfeit
                a sum equal to the amount which would have been allowed by
                law for his mileage in returning home; and such sum shall be
                deducted from his compensation, unless the withdrawal is
                with the leave of the Senate or House of Representatives,
                respectively. (R.S. Sec. 41.)
           229  Sec. 40a. Deductions for delinquent indebtedness.
                    Whenever a Representative, Delegate, or Resident
                Commissioner, or a United States Senator, shall fail to pay
                any sum or sums due from such person to the House of
                Representatives or Senate respectively the appropriate
                committee or officer of the House of Representatives or
                Senate, as the case may be, having jurisdiction or the
                activity under which such debt arose, shall certify such
                delinquent sum or sums to the Sergeant at Arms of the House
                in the case of an indebtedness to the House of
                Representatives and to the Secretary of the Senate in the
                case of an indebtedness to the Senate, and such latter
                officials are authorized and directed, respectively, to
                deduct from any salary, mileage, or expense money due to any
                such delinquent such certified amounts or so much thereof as
                the balance or balances due such delinquent may cover. Sums
                so deducted by the Secretary of the Senate shall be disposed
                of by him in accordance with existing law, and sums so
                deducted by the Sergeant at Arms of the House shall be paid
                to the Clerk of the House and disposed of by him in
                accordance with existing law. (June 19, 1934, ch. 648,
                Sec. 1, 48 Stat. 1024.)
           231  Sec. 42a. Air mail and special-delivery postage allowances
                    for President of the Senate.
                    The Secretary of the Senate is authorized and directed
                to procure and furnish each fiscal year (commencing with the
                fiscal year ending September 30, 1982) to the President of
                the Senate, upon request by such person, United States
                special-delivery postage stamps in such amount as may be
                necessary for the mailing of postal matters arising in
                connection with his official business. (July 2, 1954, ch.
                455, Sec. 101,

    [[Page 251]]

                68 Stat. 402; Aug. 5, 1955, ch. 568, 69 Stat. 503; June 27,
                1956, ch. 453, 70 Stat. 359; July 31, 1958, Pub. L. 85-570,
                72 Stat. 442; July 12, 1960, Pub. L. 86-628, 74 Stat. 449;
                Dec. 30, 1963, Pub. L. 88-248, 77 Stat. 805; July 27, 1965,
                Pub. L. 89-90, 79 Stat. 268; July 23, 1968, Pub. L. 90-417,
                82 Stat. 400; Dec. 12, 1969, Pub. L. 91-145, Sec. 101, 83
                Stat. 342; July 9, 1971, Pub. L. 92-51, Sec. 101, 85 Stat.
                128; Oct. 31, 1972, Pub. L. 92-607, Sec. 506(h)(1), 86 Stat.
                1508, Oct. 1, 1981, Pub. L. 97-51, Sec. 127, 95 Stat. 965.)
           232  Sec. 43. Mileage of Senators, Representatives, and
                    Delegates.
                    Each Senator, Representative, and Delegate shall receive
                mileage at the rate of 20 cents per mile, to be estimated by
                the nearest route usually traveled in going to and returning
                from each regular session. (July 28, 1866, ch. 296, Sec. 17,
                14 Stat. 323).

                                        Note

                    On and after October 1, 1995, no Senator shall receive
                mileage under section 17 of the Act of July 28, 1866 (2
                U.S.C. 43). (Nov. 19, 1995, Pub. L. 104-53, Sec. 1.)

           233  Sec. 43a. Mileage of President of Senate.

                    On and after July 1, 1935, the President of the Senate
                shall be paid mileage at the same rate and in the same
                manner as now allowed by law to Senators, Members of the
                House of Representatives, and Delegates in Congress. (July
                8, 1935, ch. 374, Sec. 1, 49 Stat. 459.)

                                        Note

                    On and after October 1, 1995, the President of the
                Senate shall not receive mileage under the first section of
                the Act of July 8, 1935 (2 U.S.C. 43a). (Nov. 19, 1995, Pub.
                L. 104-53, Sec. 1.)

           234  Sec. 43d. Organizational expenses of Senator-elect.

                    (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) of this section shall be paid from the appropriation for
                ``Administrative, Clerical, and Legislative Assistance to
                Senators''.
                    (2) Salaries paid to employees appointed upon
                recommendation of a Senator-elect under subsection (a) of
                this section shall be charged against the amount of
                compensation which may be paid to employees in his office
                under section 61-1(d) of this title (hereinafter referred to
                as the ``clerk-hire allowance''), for the fiscal year in
                which his service as a Senator commences. The total amount
                of salaries paid to employees so appointed upon
                recommendation of a Senator-elect shall be charged against
                his clerk-hire allowance for each month in such fiscal year
                beginning with the month in which his service as a Senator
                commences (until the total amount has been charged) by
                whichever of the following amounts is greater: (1) one-ninth
                of the amount of salaries so paid, or (2) the amount by
                which the aggregate amount of his clerk-hire

    [[Page 252]]

                allowance which may be paid as of the close of such month
                under section 61-1(d)(1)(B) of this title exceed 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) of this section is authorized one round trip
                from the home State of the Senator-elect to Washington,
                D.C., and return, for the purposes of attending conferences,
                caucuses, or organizational meetings, or for any other
                official business connected with the impending Congress. In
                addition, each Senator-elect and each such employee is
                authorized per diem for not more then seven days while en
                route to and from Washington, D.C., and while in Washington,
                D.C. Such transportation and per diem expenses shall be in
                the same amounts as are payable to Senators and employees in
                the office of a Senator under section 58(e) of this title,
                and shall be paid from the contingent fund of the Senate
                upon itemized vouchers certified by the Senator-elect
                concerned and approved by the Secretary of the Senate.
                    (d)(1) Each Senator-elect is authorized to be reimbursed
                for expenses incurred for telegrams, telephone services, and
                stationery related to his position as a Senator-elect in an
                amount not exceeding one-twelfth of the total amount of
                expenses authorized to be paid to or on behalf of a Senator
                from the State which he will represent under section 58 of
                this title. Reimbursement to a Senator-elect under this
                subsection shall be paid from the contingent fund of the
                Senate upon itemized vouchers certified by such Senator-
                elect and approved by the Secretary of the Senate.
                    (2) Amounts reimbursed to a Senator-elect under this
                subsection shall be charged against the amount of expenses
                which are authorized to be paid to him or on his behalf
                under section 58 of this title, for each of the twelve
                months beginning with the month in which his service as a
                Senator commences (until all of such amounts have been
                charged) by whichever of the following amounts is greater:
                (1) one-twelfth of the amounts so reimbursed, or (2) the
                amount by which the aggregate amount authorized to be so
                paid under section 58(c) of this title as of the close of
                such months exceeds the aggregate amount actually paid under
                such section 58 of this title as of the close of such month.
                (Sept. 8, 1978, Pub. L. 95-355, Title I, Sec. 105(a)-(d), 92
                Stat. 534).
           236  Sec. 46a. Stationery allowance for President of the Senate.
                    Effective April 1, 1975, and each fiscal year
                thereafter, the allowance for stationery for the President
                of the Senate shall be at the rate of $4,500 per annum.
                (Jan. 6, 1964, Pub. L. 88-258, 77 Stat. 864; May 29, 1967,
                Pub. L. 90-21, 81 Stat. 38; Dec. 12, 1969, Pub. L. 91-145,
                Sec. 101, 83 Stat. 342; July 9, 1971, Pub. L. 92-51,
                Sec. 101, 85 Stat. 128; Dec. 15, 1971, Pub. L. 92-184,
                Sec. 401, 85 Stat. 635; Oct. 31, 1972, Pub. L. 92-607,
                Sec. 506(h)(3), 86 Stat. 1508; June 12, 1975, Pub. L. 94-32,
                Title I, Sec. 101, 89 Stat. 182.)
           237  Sec. 46a.-1. Revolving fund for stationery allowances;
                    availability of unexpended balances; withdrawals.
                    There is established within the contingent fund of the
                Senate a revolving fund which shall consist of (1) the
                unexpended balance of the appropriation ``Contingent
                Expenses, Senate, Stationery, fiscal year 1957'', (2) any
                amounts hereafter appropriated for stationery allowances of
                the President of the Senate, and for stationery for use of
                officers of the Senate and the Conference of the Majority
                and the Conference of the

    [[Page 253]]

                Minority of the Senate, and (3) any undeposited amounts
                heretofore received, and any amounts hereafter received as
                proceeds of sales by the stationery room of the Senate. Any
                moneys in the fund shall be available until expended for use
                in the same manner and for the same purposes as funds
                heretofore appropriated to the contingent fund of the Senate
                for stationery, except that (1) the balance of any amount
                appropriated for stationery for use of committees and
                officers of the Senate which remains unexpended at the end
                of any fiscal year and (2) allowances which are not
                available for obligation due to vacancies or waiver of
                entitlement thereto, shall be withdrawn from the revolving
                fund. (June 21, 1957, Pub. L. 85-58, Sec. 1101, 71 Stat.
                188; Oct. 31, 1972, Pub. L. 92-607, Sec. 506(i), 86 Stat.
                1508; July 8, 1980, Pub. L. 96-304, Sec. 112(b)(3), 96 Stat.
                889, 892.)
         237.1  Sec. 46a-3. Senate stationery allowances; availability.\1\
                    [The stationery allowance, as authorized by law, for
                each Senator shall hereafter be available only for (1)
                purchases made through the Senate stationery room of
                stationery and other office supplies for use for official
                business, and (2) reimbursement upon presentation, within
                thirty days after the close of the fiscal year for which the
                allowance is provided, of receipted invoices for purchases
                elsewhere of stationery and other office supplies (excluding
                items not ordinarily available in the Senate stationery
                room) for use for official business in an office maintained
                by a Senator in his home State. Any part of the allowance
                for stationery which remains unobligated at the end of the
                fiscal year 1969 or any subsequent fiscal year shall be
                withdrawn from the revolving fund established by the Third
                Supplemental Appropriation Act, 1957 (71 Stat. 188; 2 U.S.C.
                46a-1), and covered into the general fund of the Treasury
                (July 23, 1968, Pub. L. 90-417, 82 Stat. 413.)]
                    \1\This provision was repealed in respect to Senators
                    (sec. 506(h)(4) of the Supplemental Appropriations Act,
                    1973; Oct. 31, 1972, Pub. L. 92-607, Sec. 506(h)(4), 86
                    Stat. 1508), but continues to be applicable to the
                    President of the Senate (see sec. 46a-4, Senate Manual
                    section 237.2).
         237.2  Sec. 46a-4. Provisions of section 46a-3 applicable to the
                    President of the Senate.
                    Section 46a-3 of this title is hereby made applicable to
                the President of the Senate. (Dec. 12, 1969, Pub. L. 91-145,
                Sec. 101, 83 Stat. 342.)
           240  Sec. 46d-1. Long-distance telephone calls for Vice
                    President.
                    Commencing January 20, 1949, the provisions of existing
                law relating to long-distance telephone calls for Senators
                shall be equally applicable to the Vice President of the
                United States. (May 24, 1949, ch. 138, Sec. 101, 63 Stat.
                77.)
           243  Sec. 47. Mode of payment.
                    The compensation of Members and Delegates shall be
                passed as public accounts, and paid out of the Public
                Treasury. (R.S. Sec. 46.)
           244  Sec. 48. Certification of salary and mileage accounts.
                    Salary and mileage accounts of Senators shall be
                certified by the President of the Senate, and those of
                Representatives and Delegates by the Speaker of the House of
                Representatives; and such certificates shall be conclusive
                upon all the departments and officers of the Government.
                (R.S. Secs. 47, 48.)

    [[Page 254]]

           245  Sec. 55. United States Code Annotated and United States Code
                    Service; procurement for Senators.
                    In lieu of the volumes of the Code of Laws of the United
                States, and the supplements thereto, supplied a Senator
                under section 212 of title 1, the Secretary of the Senate is
                authorized and directed to supply to a Senator upon written
                request of, and as specified by, that Senator--
                                (1) one copy of each of the volumes of the
                            United States Code Annotated being published at
                            the time the Senator takes office, and, as long
                            as that Senator holds office, one copy of each
                            replacement volume, each annual pocket part, and
                            each pamphlet supplementing each such pocket
                            part to the United States Code Annotated; or
                                (2) one copy of each of the volumes of the
                            United States Code Service being published at
                            the time the Senator takes office, and, as long
                            as that Senator holds office, one copy of each
                            replacement volume and each pocket supplement to
                            the Federal Code Annotated.

                A Senator is entitled to make a written request under this
                paragraph and be supplied such volumes, pocket parts, and
                supplements the first time he takes office as a Senator and
                each time thereafter he takes office as a Senator after a
                period of time during which he has not been a Senator. In
                submitting such written request, the Senator shall certify
                that the volumes, pocket parts, or supplements he is to be
                supplied are to be for his exclusive, personal use. A
                Senator holding office on July 9, 1971, shall be entitled to
                file a written request and receive the volumes, pocket
                parts, and supplements, as the case may be, referred to in
                this paragraph if such request is filed within 60 days after
                July 9, 1971. Expenses incurred under this authorization
                shall be paid from the contingent fund of the Senate. (July
                9, 1971, Pub. L. 92-51, Sec. 101, 85 Stat. 129; Oct. 31,
                1972, Pub. L. 92-607, Sec. 501, 86 Stat. 1504.)

           246  Sec. 58. Mail, telegraph, telephone, stationery, office
                    supplies, and home state office and travel expenses for
                    Senators.
         246.1  (a) Authorization for payment from Senate contingent fund.
                    The contingent fund of the Senate is made available for
                payment (including reimbursement) to or on behalf of each
                Senator, upon certification of the Senator, for the
                following expenses incurred by the Senator and his staff:
                                (1) telecommunications equipment and
                            services subject to such regulations as may be
                            promulgated by the Committee on Rules and
                            Administration of the Senate;
                                (2)(A) stationery and other office supplies
                            procured for use for official business, and
                                (B) metered charges for use of copying
                            equipment provided by the Sergeant at Arms and
                            Doorkeeper of the Senate;
                                (3) costs incurred in the preparation of
                            required official reports, and the acquisition
                            of mailing lists to be used for official
                            purposes, and in the mailing, delivery, or
                            transmitting of matters relating to official
                            business;
                                (4) official office expenses incurred (other
                            than for equipment and furniture and expenses
                            described in paragraphs (1) through (3)) for an
                            office in his home State;

    [[Page 255]]

                                (5) expenses incurred for publications
                            printed or recorded in any way for auditory and
                            visual use (including subscriptions to books,
                            newspapers, magazines, clippings, and other
                            information services);
                                (6) subject to the provisions of subsection
                            (e) of this section, reimbursement of travel
                            expenses incurred by the Senator and employees
                            in his office;
                                (7) expenses incurred for additional office
                            equipment and services related thereto (but not
                            including personal services), in accordance with
                            regulations promulgated by the Committee on
                            Rules and Administration of the Senate;
                                (8) charges officially incurred for
                            recording and photographic services and
                            products; and
                                (9) such other official expenses as the
                            Senator determines to be necessary.

                Payment under this section shall be made only upon
                presentation of itemized vouchers for expenses incurred and,
                in the case of expenses paid or reimbursed under paragraphs
                (6) and (9), only upon presentation of detailed itemized
                vouchers for such expenses. Vouchers presented for payment
                under this section shall be accompanied by such
                documentation as is required under regulations promulgated
                by the Committee on Rules and Administration of the Senate.
                No payment shall be made under paragraph (4) or (9) for any
                expense incurred for entertainment or meals.

         246.2  (b) Limits for authorized expenses; recalculation formula.
                    (1)(A) Except as is otherwise provided in the succeeding
                paragraphs of this subsection and subject to subparagraph
                (B) of this paragraph, the total amount of expenses
                authorized to be paid to or on behalf of a Senator under
                this section shall not exceed for calendar year 1977 or any
                calendar year thereafter an amount equal to one-half of the
                sum of the amounts authorized to be paid under this section
                on the day before August 5, 1977, to or on behalf of both of
                the Senators from the State which he represents, increased
                by an amount equal to twenty percent thereof and rounded to
                the next higher multiple of $1,000.
                    (B) In the event that the term of office of a Senator
                begins after the first month of any such calendar year or
                ends (except by reason of death, resignation, or expulsion)
                before the last month of any such calendar year, the
                aggregate amount available to such Senator for such year
                shall be the aggregate amount computed under paragraph (1)
                of this subsection, divided by 12, and multiplied by the
                number of months in such year which are included in the
                Senator's term of office, counting any fraction of a month
                as a full month.
                    (2)(A) In the case of the period which commences January
                1, 1988, and ends September 30, 1988, the total of--
                                (i) the expenses paid to or on behalf of a
                            Senator under this section for such period, plus
                                (ii) the aggregate amount of gross
                            compensation which is paid to employees in the
                            office of such Senator for such period (as
                            determined for purposes of section 61-1(d) of
                            this title),

                shall not exceed the aggregate of--

                                (iii) subject to subparagraph (B), an amount
                            equal to 75 percent of the amount of the
                            authorized expenses under this section for the
                            calendar year ending December 31, 1987, as
                            determined in the

    [[Page 256]]

                            case of a Senator, who represents the State
                            which such Senator represents, whose term of
                            office included all of such calendar year, plus
                                (iv) the amount by which (I) the aggregate
                            of the gross compensation which may be paid to
                            employees in the office of such Senator for the
                            fiscal year ending September 30, 1988, pursuant
                            to the limitations imposed by section 61-1(d) of
                            this title (as determined without regard to
                            paragraph (1)(B) thereof), exceeds (II) the
                            aggregate amount of gross compensation which is
                            paid to employees in the office of such Senator
                            for that part of such fiscal year which precedes
                            January 1, 1988.
                    (B) In the event that the term of office of a Senator
                begins after the first month of the period which commences
                January 1, 1988, and ends September 30, 1988, or ends
                (except by reason of death, resignation, or expulsion)
                before the last month of such period, the amount computed
                pursuant to subparagraph (A)(iii) of this paragraph (but
                before application of this subparagraph) shall be
                recalculated as follows: such amount, as computed under
                subparagraph (A)(iii) of this paragraph, shall be divided by
                9, and multiplied by the number of months in such period
                which are included in the Senator's term of office, counting
                any fraction of a month as a full month.
                    (3)(A) In the case of the fiscal year beginning October
                1, 1988, or any fiscal year thereafter, the total of--
                                (i) the expenses paid to or on behalf of a
                            Senator under this section for such fiscal year,
                            plus
                                (ii) the aggregate amount of gross
                            compensation which is paid to employees in the
                            office of such Senator for such fiscal year (as
                            determined for purposes of section 61-1(d) of
                            this title),

                shall not exceed the aggregate of--

                                (iii) subject to subparagraph (B), in case
                            the Senator represents Alabama, $53,000, Alaska,
                            $137,000, Arizona, $63,000, Arkansas, $54,000,
                            California, $95,000, Colorado, $59,000,
                            Connecticut, $44,000, Delaware, $36,000,
                            Florida, $56,000, Georgia, $53,000, Hawaii,
                            $156,000, Idaho, $62,000, Illinois, $71,000,
                            Indiana, $53,000, Iowa, $55,000, Kansas,
                            $55,000, Kentucky, $52,000, Louisiana, $56,000,
                            Maine, $48,000, Maryland, $40,000,
                            Massachusetts, $51,000, Michigan, $59,000,
                            Minnesota, $56,000, Mississippi, $54,000,
                            Missouri, $57,000, Montana, $62,000, Nebraska,
                            $56,000, Nevada, $64,000, New Hampshire,
                            $45,000, New Jersey, $48,000, New Mexico,
                            $60,000, New York, $76,000, North Carolina,
                            $50,000, North Dakota, $55,000, Ohio, $64,000,
                            Oklahoma, $58,000, Oregon, $66,000,
                            Pennsylvania, $63,000, Rhode Island, $43,000,
                            South Carolina, $48,000, South Dakota, $56,000,
                            Tennessee, $53,000, Texas, $79,000, Utah,
                            $62,000, Vermont, $44,000, Virginia, $45,000,
                            Washington, $68,000, West Virginia, $44,000,
                            Wisconsin, $55,000, Wyoming, $58,000, plus
                                (iv) the aggregate of the gross compensation
                            which may be paid to employees in the office of
                            such Senator for such fiscal year, under the
                            limitations imposed by section 61-1(d) of this
                            title, but without regard to the provisions of
                            paragraph (1)(C)(iv) thereof.
                    (B) In the event that the term of office of a Senator
                begins after the first month of any such fiscal year or ends
                (except by reason of death, resignation, or expulsion)
                before the last month of any such fiscal

    [[Page 257]]

                year, the amount referred to in subparagraph (A)(iii) shall
                be recalculated as follows: such amount, as computed under
                subparagraph (iii), shall be divided by 12, and multiplied
                by the number of months in such year which are included in
                the Senator's term of office, counting any fraction of a
                month as a full month.
                (c) Repealed. (Pub. L. 97-51, sec. 122, Oct. 1, 1981, 95
                    Stat. 965.)
                (d) Repealed.
         246.3  (e) Travel expenses; limitation.\1\
                    \1\S. Res. 540, 96-2, agreed to Dec. 8, 1980, provided:
                    ``That, until otherwise provided by law, reimbursement
                    with respect to travel expenses incurred by a Senator or
                    employee described in section 506(e) of the Supplemental
                    Appropriations Act, 1973 (2 U.S.C. 58(e); shall be made
                    as if the phrase `only for actual transportation
                    expenses' read `for travel expenses essential to the
                    transaction of official business while away from his
                    official station or post of duty'.''
                    Subject to and in accordance with regulations
                promulgated by the Committee on Rules and Administration of
                the Senate, a Senator and the employees in his office shall
                be reimbursed under this section for travel expenses
                incurred by the Senator or employee while traveling on
                official business within the United States. The term
                ``travel expenses'' includes actual transportation expenses,
                essential travel-related expenses, and, where applicable,
                per diem expenses (but not in excess of actual expenses.) A
                Senator or an employee of the Senator shall not be
                reimbursed for any travel expenses (other than actual
                transportation expenses) for any travel occurring during the
                sixty days immediately before the date of any primary or
                general election (whether regular, special, or runoff) in
                which the Senator is a candidate for public office (within
                the meaning of section 431(b) of this title), unless his
                candidacy in such election is uncontested. For purposes of
                this subsection and subsection (a)(6) of this section, an
                employee in the Office of the President pro tempore, Deputy
                President pro tempore, Majority Leader, Minority Leader,
                Majority Whip, Minority Whip, Secretary of the Conference of
                the Majority, or Secretary of the Conference of the Minority
                shall be considered to be an employee in the office of the
                Senator holding such office.
                (f) Reduction of allowances for fiscal year 1973. (Executed)
         246.4  (g) Closing of deceased Senator's State offices.
                    In the case of the death of any Senator, the chairman of
                the Committee on Rules and Administration may certify for
                such deceased Senator for any portion of such sum already
                obligated but not certified to at the time of such Senator's
                death, and for any additional amount which may be reasonably
                needed for the purpose of closing such deceased Senator's
                State offices, for payment to the person or persons
                designated as entitled to such payment by such chairman.
         246.5  (h) Individuals serving on panels or other bodies
                    recommending nominees for Federal judgeships or service
                    academies.
                    For purposes of subsections (a) and (e) of this section,
                an individual who is selected by a Senator to serve on a
                panel or other body to make recommendations for nominees to
                one or more Federal judgeships or to one or more service
                academies shall be considered to be an employee in the
                office of that Senator with respect to travel and official

    [[Page 258]]

                expenses incurred in performing duties as a member of such
                panel or other body, and shall be reimbursed (A) for actual
                transportation expenses and per diem expenses (but not
                exceeding actual travel expenses) incurred while traveling
                in performing such duties within the Senator's home State or
                between that State and Washington, District of Columbia, and
                each of the service academies, (B) for official expenses
                incurred in performing such duties. For purposes of this
                subsection and subsection (a) of this section, ``official
                expenses'' means expenses of the type for which
                reimbursement may be made to an employee in the office of a
                Senator when traveling on business of a committee of which
                that Senator is a member, and, for accounting purposes, such
                expenses shall be treated as expenses for which
                reimbursement may be made under subsection (a)(4) of this
                section.
         246.6
         246.6  (i) Authorization of Secretary of Senate to pay reimbursable
                    expenses.
                    Whenever a Senator or an employee in his office has
                incurred an expense for which reimbursement may be made
                under this section, the Secretary of the Senate is
                authorized to make payment to that Senator or employee for
                the expense incurred, subject to the same terms and
                conditions as apply to reimbursement of the expense under
                this section.
         246.7  (j) Advances from contingent fund of the Senate for travel
                    expenses for official business trips; settlement.
                    Whenever a Senator or employee of his office plans an
                official business trip with respect to which reimbursement
                for travel expenses is authorized under the preceding
                provisions of section (a), the Senator (or such an employee
                who has been designated by the Senator to do so) may, prior
                to the commencement of such trip and in accordance with
                applicable regulations of the Senate Committee on Rules and
                Administration, obtain from any moneys in the contingent
                fund of the Senate which are available to him for purposes
                specified in subsection (a)(6) of this section, such advance
                sum as he shall certify (and be accountable for) to the
                Secretary of the Senate, to be necessary to defray some or
                all of the expenses to be incurred on such trip which
                expenses are reimbursable under the preceding provisions of
                this section. The receipt by any Senator for any sum so
                advanced to him or his order out of the contingent fund of
                the Senate by the Secretary of the Senate shall be taken and
                passed by the accounting officers of the Government as a
                full and sufficient voucher, but it shall be the duty of
                such Senator (or employee of his office, as the case may
                be), as soon as practicable, to furnish to the Secretary of
                the Senate a detailed voucher of the expenses incurred for
                the travel with respect to which the sum was so advanced,
                and make settlement with respect to such sum. (Oct. 31,
                1972, Pub. L. 92-607, Sec. 506(a)-(g), 86 Stat. 1505;
                amended Aug. 13, 1974, Pub. L. 93-371, Secs. 101(3)(e),
                88 Stat. 429; July 25, 1975, Pub. L. 94-59, Sec. 103, 89
                Stat. 274; Aug. 5, 1977, Pub. L. 95-94, Title I, Sec. 112,
                91 Stat. 663; Mar. 7, 1978, Pub. L. 95-240, Title II,
                Sec. 208, 92 Stat. 117; Sept. 30, 1978, Pub. L. 95-391,
                Title I, Sec. 108(a), 92 Stat. 773; July 8, 1980, Pub. L.
                96-304, Title I, Secs. 101, 102(a), 103, 104, 94 Stat.
                889; July 6, 1981, Pub. L. 97-19, 95 Stat. 103; July 14,
                1983, Pub. L. 98-51, Sec. 102, 97 Stat. 266; July 12, 1985,
                Pub. L. 99-65, Sec. 1(a), 99 Stat. 163; October 21, 1987,
                Pub. L. 100-137, 101 Stat. 815, 816, 817, 818, and 829;
                October 1, 1988, Pub. L. 100-458, Sec. 8, 13, 102 Stat.
                2162;

    [[Page 259]]

                Pub. L. 101-163, Title I, Sec. 5(a), Nov. 21, 1989, 103
                Stat. 1045; Pub. L. 101-520, Title I, Secs. 4(c), 8,
                9(a), 11, Title III, Sec. 311(h)(2), Nov. 5, 1990, 104 Stat.
                2258, 2259, 2260, 2280; Pub. L. 102-90, Sec. 7(a), Aug. 14,
                1991, 105 Stat. 451.)
         246.8  Sec. 58a. Telecommunications services for Senators; payment
                    of costs out of contingent fund.
                    The Sergeant at Arms and Doorkeeper of the Senate shall
                furnish each Senator local and long-distance
                telecommunications services in Washington, District of
                Columbia, and in such Senator's State in accordance with
                regulations prescribed by the Senate Committee on Rules and
                Administration; and the costs of such service shall be paid
                out of the contingent fund of the Senate from moneys made
                available to him for that purpose. (Nov. 30, 1983, Pub. L.
                98-181, Sec. 1205(a), as amended, 97 Stat. 1290; July 12,
                1985, Pub. L. 99-65, Sec. 1(b), 99 Stat. 163; Oct. 2, 1986,
                Pub. L. 99-439, 31, 100 Stat. 1085.)

                Sec. 58a.-1. Payment for telecommunications equipment and
                    services; definitions.
                    As used in sections 58a-1 to 58a-3 of this title, the
                term--
                                (1) ``Sergeant at Arms'' means the Sergeant
                            at Arms and Doorkeeper of the United States
                            Senate; and
                                (2) ``user'' means any Senator, Officer of
                            the Senate, Committee, office, or entity
                            provided telephone equipment and services by the
                            Sergeant at Arms. (Pub. L. 100-123, Sec. 1, Oct.
                            5, 1987, 101 Stat. 794.)
                Sec. 58a-2. Regulations; certification.
                    (a) Subject to such regulations as may hereafter be
                issued by the Committee on Rules and Administration of the
                Senate, the Sergeant at Arms shall have the authority, with
                respect to telephone equipment and services provided to any
                user on a reimbursable basis (including repair or
                replacement), solely for the purposes of this section, to
                make such certification as may be necessary to establish
                such services and equipment as official, issue invoices in
                conjunction therewith, and receive payment for such services
                and equipment by certification, voucher, or otherwise.
                    (b) For purposes of this Act, telephone equipment and
                services provided to any user for which payment, prior to
                the effective date of this Act, was not authorized from the
                contingent fund of the Senate shall, on and after such
                effective date, be considered telephone equipment and
                services provided on a reimbursable basis for which payment
                may be obtained from such fund in accordance with subsection
                (a) of this section.
                    (c) Subject to the approval of the Committee on Rules
                and Administration, the Sergeant at Arms may establish
                reasonable charges for telephone equipment and services
                provided to any user which may be in addition to that
                regularly authorized by the Committee.
                    (d) All moneys, derived from payments for telephone
                equipment and services provided from funds from the
                Appropriation Account within the contingent fund of the
                Senate for ``Contingent Expenses, Sergeant at Arms and
                Doorkeeper of the Senate'' under the line item for
                Telecommunications (including receipts from carriers and
                others for loss or damage to such services or equipment for
                which repair or replacement

    [[Page 260]]

                has been provided by the Sergeant at Arms), and all other
                moneys received by the Sergeant at Arms as charges or
                commissions for telephone services, shall be deposited in
                and made a part of such Appropriation Account and under such
                line item, and shall be available for expenditure or
                obligation, or both, in like manner and subject to the same
                limitations as any other moneys in such account and under
                such line item.
                    (e) Nothing in this Act shall be construed as limiting
                or otherwise affecting the authority of the Committee on
                Rules and Administration of the Senate to classify or
                reclassify telephone equipment and services provided to any
                user as equipment or services for which reimbursement may or
                may not be required. (Pub. L. 100-123, Sec. 2, Oct. 5, 1987,
                101 Stat. 794, amended Pub. L. 101-163, Title I, Sec. 3,
                Nov. 21, 1989, 103 Stat. 1044.)
                Sec. 58a-3. Report.
                    The Sergeant at Arms shall report to the Committee on
                Rules and Administration of the Senate, at such time or
                times, and in such form and manner, as the Committee may
                direct, on expenditures made, and revenues received,
                pursuant to this Act. It shall be the function of the
                Sergeant at Arms to advise the Committee, as soon as
                possible, of any dispute regarding payments to and from such
                Appropriation Account as related to the line item for
                Telecommunications, including any amounts due and unpaid by
                any user, if any such dispute has remained unresolved for a
                period of at least 60 days. (Oct. 5, 1987, Pub. L. 100-123,
                101 Stat. 794.)
         246.9  Sec. 58a-4. Metered charges on copies; ``Sergeant at Arms''
                    and ``user'' defined; certification of services and
                    equipment as official; deposit of payments in
                    Appropriation Account within contingent fund of Senate;
                    payments available for expenditure.
                    (a) As used in this section, the term--
                                (1) ``Sergeant at Arms'' means the Sergeant
                            at Arms and Doorkeeper of the United States
                            Senate; and
                                (2) ``user'' means any Senator, Officer of
                            the Senate, Committee, office, or entity
                            provided copiers by the Sergeant at Arms.
                    (b)(1) Subject to such regulations as may hereafter be
                issued by the Committee on Rules and Administration of the
                Senate, the Sergeant at Arms shall have the authority, with
                respect to metered charges on copying equipment provided by
                the Sergeant at Arms, solely for the purposes of this
                section, to make such certification as may be necessary to
                establish such services and equipment as official, issue
                invoices in conjunction therewith, and receive payment for
                such services and equipment by certification, voucher, or
                otherwise.
                    (2) All moneys, derived from the payment of metered
                charges on copying equipment provided from funds from the
                Appropriation Account within the contingent fund of the
                Senate for ``Contingent Expenses, Sergeant at Arms and
                Doorkeeper of the Senate'' under the line item for the
                Service Department, shall be deposited in and made a part of
                such Appropriation Account and under such line item, and
                shall be available for expenditure or obligation, or both,
                in like manner and subject to the same limitations as any
                other moneys in such account and under

    [[Page 261]]

                such line item. (Pub. L. 101-520, Title I, Sec. 4(a), (b),
                Nov. 5, 1990, 104 Stat. 2257.)
                Sec. 58b. Repealed. (October 21, 1987, Sec. 2, Pub. L. 100-
                    137, 101 Stat 8.19.)
        246.10  Sec. 58c. Senators' Official Personnel and Office Expense
                    Account.
                    (a)(1) Effective January 1, 1988, there shall be, within
                the contingent fund of the Senate, a separate appropriation
                account to be known as the Senators' Official Personnel and
                Office Expense Account (hereinafter in this section referred
                to as the ``Senators' Account'').
                    (2) The Senators' Account shall be used for the funding
                of all items, activities, and expenses which, immediately
                prior to January 1, 1988, were funded under either (A) the
                Senate appropriation account for ``Administrative, Clerical,
                and Legislative Assistance Allowance to Senators''
                (hereinafter in this section referred to as the ``Senators'
                Clerk Hire Allowance Account'') under the headings
                ``SENATE'' and ``Salaries, Officers and Employees'', or (B)
                that part of the account, within the contingent fund of the
                Senate, for ``Miscellaneous Items'' (hereinafter in this
                section referred to as the ``Senators' Official Expense
                Account'') which is available for allocation to Senatorial
                Official Office Expense Accounts. In addition, the Senators'
                Account shall be used for the funding of agency
                contributions payable with respect to compensation payable
                by such account, but moneys appropriated to such account for
                this purpose shall not be available for any other purpose.
                The account, which in clause (A) of the first sentence of
                this paragraph is identified as the ``Senators' Clerk Hire
                Allowance Account'' and the account, which in clause (B) of
                such sentence is identified as the ``Senators' Official
                Expense Account'' shall, when referred to in other law,
                rule, regulation, or order (whether referred to by such name
                or any other) shall on or after January 1, 1988, be deemed
                to refer to the ``Senators' Official Personnel and Office
                Expense Account.''
                    (3)(A) Effective on January 1, 1988, there shall be
                transferred to the Senators' Account from the Senators'
                Clerk Hire Allowance Account all funds therein which were
                available for expenditure or obligation during the fiscal
                year ending September 30, 1988, and from the Senators'
                Official Office Expense Account so much of the funds therein
                as was available for expenditure or obligation for the
                period commencing January 1, 1988, and ending September 30,
                1988; except that the Senators' Official Office Expense
                Account shall remain in being solely for the purpose of
                being available to pay for any authorized item, activity, or
                expense, for which funds therein had been obligated, but not
                paid, prior to such transfer.
                    (B) Any of the funds transferred to the Senators'
                Account from the Senators' Clerk Hire Allowance Account
                pursuant to subparagraph (A) which, prior to such transfer,
                had been obligated, but not expended, for any authorized
                item, activity, or expense, shall be available to pay for
                such item, activity, or expense in like manner as if such
                transfer had not been made.
                    (4) On January 1, 1988, there shall be transferred to
                the Senators' Account, from the appropriation account for
                ``Agency Contributions'', under the headings ``SENATE'' and
                ``Salaries, Officers and Employees'', so much of the moneys
                in such account as was appropriated for the purpose of
                making agency contributions for administrative, clerical,

    [[Page 262]]

                and legislative assistance to Senators with respect to
                compensation payable for the period commencing January 1,
                1988, and ending September 30, 1988; and the moneys so
                transferred shall be available only for the payment of such
                agency contributions with respect to such compensation.
                    (5) Vouchers shall not be required for the disbursement,
                from the Senators' Account, of salaries of employees in the
                office of a Senator (Oct. 21, 1987, Pub. L. 100-137, 101
                Stat. 814, 815.)
        246.11
        246.11  Sec. 58c-1. Transfer of funds by members of Senate from
                    Senate Official Mail Costs account to Senator's Official
                    Personnel and Office Expense Account; writing respecting
                    transfer to Financial Clerk of Senate; available amount
                    and uses.
                    Each Member of the Senate may, subject to the approval
                of the Committee on Rules and Administration of the Senate,
                during the fiscal year ending September 30, 1991, and each
                fiscal year thereafter, at his or her election, transfer a
                sum not to exceed $100,000 of the amount allocated to such
                member for mass mail by the Senate Committee on Rules and
                Administration from the Senate Official Mail Costs account,
                within the contingent fund of the Senate, to the Senator's
                Official Personnel and Office Expense Account, within the
                contingent fund of the Senate. Any transfer of funds under
                authority of the preceding sentence shall be made at such
                time or times as such Member shall specify in writing to the
                Financial Clerk of the Senate. Any funds so transferred by
                the Member shall be available for the expenditure by such
                Member in a like manner and for the same purposes as are
                other moneys which are available for expenditure by such
                Member from the Senators' Official Personnel and Office
                Expense Account. (Pub. L. 101-520, Title I, Sec. 12, Nov. 5,
                1990, 104 Stat. 2260; Pub. L. 102-392, Title III, Sec. 313,
                Oct. 6, 1992, 106 Stat. 1723; Aug. 11, 1993, Pub. L. 103-69,
                Sec. 3, 107 Stat. 695.)
           247  Sec. 59. Home State office space for Senators.
         247.1  (a) Procurement by Sergeant at Arms of Senate in places
                    designated by Senator; places subject to use, lease of
                    office space.
                    (1) The Sergeant at Arms of the Senate shall secure for
                each Senator office space suitable for the Senator's
                official use in places designated by the Senator in the
                State he represents. That space shall be secured in post
                offices or other Federal buildings at such places. In the
                event suitable office space is not available in post offices
                or other Federal buildings, the Sergeant at Arms shall
                secure other office space in those places.
                    (2) The Senator may lease, on behalf of the United
                States Senate, the office space so secured for a term not
                extending beyond the term of office which he is serving on
                the first day of such lease, except that, in the case of a
                Senator whose term of office is expiring and who has been
                elected for another term, such lease may extend until the
                end of the term for which he has been so elected. Each such
                lease shall contain a provision permitting its cancellation
                upon sixty days written notice by the Sergeant at Arms and
                Doorkeeper of the Senate, in the event of the death or
                resignation of the Senator. A copy of each such lease shall
                be furnished to the Sergeant at Arms. Nothing

    [[Page 263]]

                in this paragraph shall be construed to require the Sergeant
                at Arms to enter into or execute any lease for or on behalf
                of a Senator.
         247.2  (b) Maximum amount of aggregate square feet for each
                    Senator.
                    The aggregate square feet of office space secured for a
                Senator shall not at any time exceed--
                                (1) 4,800 square feet if the population of
                            his State is less than 2,000,000;
                                (2) 5,000 square feet if such population is
                            2,000,000 but less than 3,000,000;
                                (3) 5,200 square feet if such population is
                            3,000,000 but less than 4,000,000;
                                (4) 5,400 square feet if such population is
                            4,000,000 but less than 5,000,000;
                                (5) 5,800 square feet if such population is
                            5,000,000 but less than 7,000,000;
                                (6) 6,200 square feet if such population is
                            7,000,000 but less than 9,000,000;
                                (7) 6,400 square feet if such population is
                            9,000,000 but less than 10,000,000;
                                (8) 6,600 square feet if such population is
                            10,000,000 but less than 11,000,000;
                                (9) 6,800 square feet if such population is
                            11,000,000 but less than 12,000,000;
                                (10) 7,000 square feet if such population is
                            12,000,000 but less than 13,000,000;
                                (11) 7,400 square feet if such population is
                            13,000,000 but less than 15,000,000;
                                (12) 7,800 square feet if such population is
                            15,000,000 but less than 17,000,000; or
                                (13) 8,000 square feet if such population is
                            17,000,000 or more.
         247.3  (c) Maximum annual rental rate.
                    (1) The maximum annual rate that may be paid for the
                rental of an office secured for a Senator not in a post
                office or other Federal building shall not exceed the
                highest rate per square foot charged Federal agencies on the
                first day of the lease of such office by the Administrator
                of General Services, based upon a 100 percent building
                quality rating, for office space located in the place in
                which the Senator's office is located, multiplied by the
                number of square feet contained in that office used by the
                Senator and his employees to perform their duties.
                    (2) The aggregate amount that may be paid for the
                acquisition of furniture, equipment, and other office
                furnishings heretofore provided by the Administrator of
                General Services for one or more offices secured for the
                Senator is $30,000 if the aggregate square feet of office
                space is not in excess of 4,800 square feet. Such amount is
                increased by $734 for each authorized additional incremental
                increase in office space of 200 square feet.
         247.4  (d) Senators subject to maximum amount of aggregate square
                    feet and maximum annual rental rate.
                    (1) Notwithstanding subsection (b) of this section, the
                aggregate square feet of office space secured for a Senator
                who is a Senator on July

    [[Page 264]]

                1, 1974, shall not at any time exceed, as long as he
                continuously serves as a Senator, the greater of--
                                (A) the applicable square footage limitation
                            of such subsection; or
                                (B) the total square footage of those
                            offices that the Senator has on such date and
                            which are continuously maintained in the same
                            buildings in which such offices were located on
                            such date.
                    (2) The provisions of subsection (c) of this section do
                not apply to any office that a Senator has on July 1, 1974,
                not in a post office or other Federal building, as long as--
                                (A) that Senator continuously serves as a
                            Senator; and
                                (B) that office is maintained in the same
                            building in which it was located on such date
                            and contains not more than the same number of
                            square feet it contained on such date.

                                       Note

                    This subsection was made permanent law by sec. III of
                Pub. L. 98-51, 97 Stat. 269.
                (e) Omitted.
         247.5  (f) Mobile office.
                    (1) Subject to the provisions of paragraphs (2), (3),
                (4), and (5), a Senator may lease one mobile office for use
                only in the State he represents and the contingent fund of
                the Senate is available for the rental payments (including
                by way of reimbursement) made under such lease together with
                the actual nonpersonnel cost of operating such mobile
                office. The term of any such lease shall not exceed 3 years.
                A copy of each such lease shall be furnished to the Sergeant
                at Arms of the Senate.
                    (2) The maximum aggregate annual rental payments and
                operating costs (except furniture, equipment, and
                furnishings) that may be paid to a Senator under paragraph
                (1) shall not at any time exceed an amount determined by
                multiplying (A) the highest applicable rate per square foot
                charged Federal agencies by the Administrator of General
                Services in the State which that Senator represents, based
                upon a 100 percent building quality rating, by (B) the
                maximum aggregate square feet of office space to which that
                Senator is entitled under subsection (b) of this subsection
                reduced by the number of square feet contained in offices
                secured for that Senator under subsection (a) of this
                subsection and used by that Senator and his employees to
                perform their duties.
                    (3) No payment shall be made under paragraph (1) for
                rental payments and operating costs of a mobile office of a
                Senator unless the following provisions are included in its
                lease:
                                (A) Liability insurance in the amount of
                            $1,000,000 shall be provided with respect to the
                            operation and use of such mobile office.
                                (B) Either of the following inscriptions
                            shall be clearly visible on three sides of such
                            mobile office in letters not less than three
                            inches high:
                        ``United States Government Vehicle
                        ``FOR OFFICIAL OFFICE USE ONLY'';
                                      or
                        ``Mobile Office of Senator--------
                        ``FOR OFFICIAL USE ONLY''.

    [[Page 265]]

                    (4) No payment shall be made under paragraph (1) for
                rental payments and operating costs of a mobile office of a
                Senator which are attributable to or incurred during the 60-
                day period ending with the date of any primary or general
                election (whether regular, special, or runoff) in which that
                Senator is a candidate for public office, unless his
                candidacy in such election is uncontested.
                    (5) Payment under paragraph (1) shall be made on a
                monthly basis and shall be paid upon vouchers approved by
                the Sergeant at Arms of the Senate. (Aug. 13, 1974, Pub. L.
                93-371, Sec. 101(3) (a)-(d), 88 Stat. 428; June 12, 1974,
                Pub. L. 94-32, Sec. 101(4), 89 Stat. 183; July 25, 1975,
                Pub. L. 94-59, Title I, Secs. 106(a), 107, 89 Stat. 276;
                May 4, 1977, Pub. L. 95-26, ch. VII, Sec. 105, 91 Stat. 83;
                Aug. 5, 1977, Pub. L. 95-94, Title I, Sec. 112(d), 91 Stat.
                664; July 8, 1980, Pub. L. 96-304, Sec. 109, 94 Stat. 890;
                Aug. 15, 1985, Pub. L. 99-88, Sec. 194, 99 Stat. 349; Pub.
                L. 102-90, Title I, Sec. 7(b), Aug. 14, 1991, 105 Stat.
                451.)
           248  Sec. 59b. Purchase of office equipment or furnishings by
                    Senators.
         248.1  (a) Authorization; conditions.
                    Notwithstanding any other provision of law, a United
                States Senator may purchase, upon leaving office or
                otherwise ceasing to be a Senator (except by expulsion), any
                item or items of office equipment or office furnishings
                provided by the General Services Administration and then
                currently located and in use in an office of such Senator in
                the State then represented by such Senator.
         248.2  (b) Request to by Senator and arrangement for purchase by
                    Sergeant at Arms of Senate; regulations governing
                    purchase; price.
                    At the request of any United States Senator, the
                Sergeant at Arms of the Senate shall arrange for and make
                the purchase of equipment and furnishings under subsection
                (a) of this section on behalf of such Senator. Each such
                purchase shall be--
                                (1) in accordance with regulations which
                            shall be prescribed by the Committee on Rules
                            and Administration of the Senate, after
                            consultation with the General Services
                            Administration; and
                                (2) at a price equal to the acquisition cost
                            to the Federal Government of the equipment or
                            furnishings so purchased, less allowance for
                            depreciation determined under such regulations,
                            but in no instance less than the fair market
                            value of such items.
         248.3  (c) Remittance of amounts received to General Services
                    Administration; disposition.
                    Amounts received by the Federal Government from the sale
                of items of office equipment or office furnishings under
                this section shall be remitted to the General Services
                Administration and credited to the appropriate account or
                accounts. (Oct. 20, 1974, Pub. L. 93-462, Sec. 2, 88 Stat.
                1388.)
         248.6
         248.6  Sec. 59e. Official mail of persons entitled to use the
                    congressional frank.
                (a) Congressional committee regulations for expenditure of
                    appropriations for official mail.
                    Except as otherwise provided in this section, funds
                appropriated by this Act or any other Act for expenses of
                official mail of any person

    [[Page 266]]

                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 Administration of the House of Representatives, as
                applicable. Such regulations shall require--
                                (1) individual accountability for use of
                            official mail by each person entitled to use the
                            congressional frank;
                                (2)(A) with respect to the House of
                            Representatives, allocation of funds for
                            official mail to be made to each such person
                            with respect to each session of Congress (with
                            no transfer to any other session or to any other
                            such person); and
                                (B) with respect to the Senate, allocation
                            of funds for official mail to be made to each
                            such person with respect to each session of
                            Congress (with no transfer to any other session,
                            other than transfers from the first session of a
                            Congress to the second session of that Congress,
                            or to any other such person); and
                                (3) with respect to the House of
                            Representatives, that in addition to any other
                            report or information made available to the
                            public (through the House Commission on
                            Congressional Mailing Standards or otherwise)
                            regarding the use of the frank, the Clerk of the
                            House of Representatives shall include in the
                            quarterly report of receipts and expenditures
                            submitted to the House of Representatives a
                            statement (based solely on data provided for
                            that purpose by the Committee on House
                            Administration of the House of Representatives
                            and the House Commission on Congressional
                            Mailing Standards) of costs charged against the
                            Official Mail Allowance for each person entitled
                            to use the congressional frank.
                (b) Postmaster General functions.
                    The Postmaster General, in consultation with the
                Committee on Rules and Administration of the Senate and the
                Committee on House Administration of the House of
                Representatives--
                                (1) shall monitor use of official mail by
                            each person entitled to use the congressional
                            frank;
                                (2) at least monthly, shall notify any
                            person with an allocation under subsection
                            (a)(2) of this section as to the percentage of
                            the allocation that has been used; and
                                (3) may not carry or deliver official mail
                            the cost of which is in excess of an allocation
                            under subsection (a)(2) of this section.
                (c) Specific and supplemental appropriations as source of
                    funds for expenses of official mail.
                    Expenses of official mail of the Senate and the House of
                Representatives may be paid only from funds specifically
                appropriated for that purpose and funds so appropriated--
                                (1) may be supplemented by other
                            appropriated funds only if such supplementation
                            is provided for by law or by regulation under
                            subsection (a) of this section; and
                                (2) may not be supplemented by funds from
                            any other source, public or private.

    [[Page 267]]

                (d) Maintenance or use of unofficial office accounts or
                    defrayal of official expenses from certain funds
                    prohibited.
                    No Senator or Member of the House of Representatives may
                maintain or use, directly or indirectly, an unofficial
                office account or defray official expenses from--
                                (1) funds received from a political
                            committee or derived from a contribution or
                            expenditure (as such terms are defined in
                            section 431 of this title);
                                (2) funds received as reimbursement for
                            expenses incurred by the Senator or member in
                            connection with personal services provided by
                            the Senator or Member to the person making the
                            reimbursement; or
                                (3) any other funds that are not
                            specifically appropriated for official expenses.
                (e) Official Mail Allowance in House of Representatives;
                    establishment; regulations; available amounts and uses;
                    limitation of transfers from Official Expenses Allowance
                    and Clerk Hire Allowance.
                    (1) There is established in the House of Representatives
                an Official Mail Allowance for Members, officers, and
                employees of the House of Representatives who are persons
                entitled to use the congressional frank. Regulations for use
                of the Official Mail Allowance shall be prescribed--
                                (A) by the Committee on House Administration
                            of the House of Representatives, with respect to
                            allocation and expenditures relating to the
                            Allowance; and
                                (B) by the House Commission on Congressional
                            Mailing Standards, with respect to matters under
                            section 3210(a)(6)(D) of Title 39.
                    (2) The Official Mail Allowance--
                                (A) shall be available only for postage for
                            franked mail sent at first class, third class,
                            or fourth class rate;
                                (B) with respect to a Member of the House of
                            Representatives, shall be available, in a
                            session of Congress, in a total amount, as
                            determined under paragraph (1)(A), of not more
                            than the product of (i) 3 times the single-piece
                            rate applicable to first class mail, and (ii)
                            the number (as determined by the Postmaster
                            General) of addresses (other than business
                            possible delivery stops) in the congressional
                            district, as such addresses are described in
                            section 3210(d)(7)(B) of Title 39;
                                (C) with respect to any other person
                            entitled to use the congressional frank in the
                            House of Representatives (including any Member
                            of the House of Representatives who receives an
                            allocation under subsection (a)(2) with respect
                            to duties as an elected officer of, or holder of
                            another position in, the House of
                            Representatives), shall be available, in a
                            session of Congress, in a total amount
                            determined under paragraph (1)(A); and
                                (D) shall not be available for payment of
                            any nonpostage fee or charge, including any fee
                            or charge for express mail, express mail drop
                            shipment, certified mail, registered mail,
                            return receipt, address correction, or postal
                            insurance.
                    (3)(A) Subject to subparagraph (B), each Member of the
                House of Representatives may transfer amounts from the
                Official Expenses Allow-

    [[Page 268]]

                ance and the Clerk Hire Allowance of the Member to the
                Official Mail Allowance of the Member.
                    (B) The total amount a Member may so transfer with
                respect to a session of Congress may not exceed $25,000.
                    (4) The Official Expenses Allowance shall be available
                to a Member of the House of Representatives for the payment
                of nonpostage fees and charges referred to in paragraph
                (2)(D) and for postage for mail for official business sent
                outside the United States.
                (f) Mass mailing; submission of samples or description of
                    proposed mail matter; advisory opinion.
                    A Member of the House of Representatives shall, before
                making any mass mailing, submit a sample or description of
                the mail matter involved to the House Commission on
                Congressional Mailing Standards for an advisory opinion as
                to whether such proposed mailing is in compliance with
                applicable provisions of law, rule, or regulation.
                (g) ``Member of the House of Representatives'' and ``person
                    entitled to use the congressional frank'' defined.
                    As used in subsections (a) through (f) of this section--
                                (1) the term ``Member of the House of
                            Representatives'' means a Representative in, or
                            a Delegate or Resident Commissioner to, the
                            Congress; and
                                (2) the term ``person entitled to use the
                            congressional frank'' means a Senator, Member of
                            the House of Representatives, or other person
                            authorized to use the frank under section
                            3210(b) of Title 39.
                (h) Omitted.
                (i) Effective date.
                    This section and the amendments made by this section
                shall apply with respect to sessions of Congress beginning
                with the first session of the One Hundred Second Congress,
                except that, with respect to the Senate, subsection (d) of
                this section shall apply beginning on May 1, 1992, and the
                funds referred to in paragraph (3) of such subsection shall
                not include personal funds of a Senator or Member of the
                House of Representatives. (Pub. L. 101-520, Title III,
                Sec. 311(a)-(g), (i), Nov. 5, 1990, 104 Stat. 2278; Pub. L.
                102-229 Sec. 211, Dec. 12, 1991 105 Stat. 1718.)
         248.7  Sec. 59f. Mass mailings quarterly statements of Sergeant at
                    Arms and Doorkeeper of Senate to each Senate office;
                    time of transmission; itemization of costs; inclusion of
                    total cost per capita in the State; publication of
                    summaries of information quarterly in Congressional
                    Record and in semi-annual report of Secretary of Senate;
                    contents of summary tabulations.
                    Two weeks after the close of each calendar quarter, or
                as soon as practicable thereafter, the Sergeant at Arms and
                Doorkeeper of the Senate shall send to each Senate office a
                statement of the cost of postage and paper and of the other
                operating expenses incurred as a result of mass mailings
                processed for such Senate office during such quarter. The
                statement shall separately identify the cost of postage and
                paper and other costs, and shall distinguish the costs
                attributable to newsletters and all other mass mailings. The
                statement shall also include

    [[Page 269]]

                the total cost per capita in the State. A compilation of all
                such statements shall be sent to the Senate Committee on
                Rules and Administration. A summary tabulation of such
                information shall be published quarterly in the
                Congressional Record and included in the semiannual report
                of the Secretary of the Senate. Such summary tabulation
                shall set forth for each Senate office the following
                information: the Senate office's name, the total number of
                pieces of mass mail mailed during the quarter, the total
                cost of such mail, and, in the case of Senators, the cost of
                such mail divided by the total population of the State from
                which the Senator was elected, and the total number of
                pieces of mass mail divided by the total population of the
                State from which the Senator was elected, and in the case of
                each Senator, the allocation made to such Senator from the
                appropriation for official mail expenses. (Pub. L. 101-520,
                Title III, Sec. 318, Nov. 5, 1990, 104 Stat. 2283; July 22,
                1994, Pub. L. 103-283, Sec. 3(b), 108 Stat. 1427.)
                Sec. 59g. Mass mailing of information under frank; quarterly
                    registration of Senators with Secretary of Senate;
                    filing of copy of mailed matter; form with description
                    of persons mailed to and number of pieces mailed.
                    In fiscal year 1991 and thereafter, when a Senator
                disseminates information under the frank by a mass mailing
                (as defined in section 3210(a)(6)(E) of Title 39), the
                Senator shall register quarterly with the Secretary of the
                Senate such mass mailings. Such registration shall be made
                by filing with the Secretary a copy of the matter mailed and
                providing, on a form supplied by the Secretary, a
                description of the group or groups of persons to whom the
                mass mailing was mailed and the number of pieces mailed.
                (Pub. L. 101-520, Title III, Sec. 320, Nov. 5, 1990, 104
                Stat. 2285.)

                 Chapter 4.--OFFICERS AND EMPLOYEES OF SENATE AND HOUSE OF
                                      REPRESENTATIVES

           249  Sec. 60-1. Authority of officers of the Congress over
                    Congressional employees--Qualifications determinations;
                    removal and discipline.
                    (a) Each officer of the Congress having responsibility
                for the supervision of employees, including employees
                appointed upon recommendation of Members of Congress, shall
                have authority--
                                (1) to determine, before the appointment of
                            any individual as an employee under the
                            supervision of that officer of the Congress,
                            whether that individual possesses the
                            qualifications necessary for the satisfactory
                            performance of the duties and responsibilities
                            to be assigned to him; and
                                (2) to remove or otherwise discipline any
                            employee under his supervision.
                    (b) As used in this section, the term ``officer of the
                Congress'' means--
                                (1) an elected officer of the Senate or
                            House of Representatives who is not a Member of
                            the Senate or House; and (2) The Architect of
                            the Capitol. (Oct. 26, 1970, Pub. L. 91-510,
                            Sec. 431, 84 Stat. 1190.)

    [[Page 270]]

         249.1  Sec. 60-2. Amendment to Senate conflict of interest rule.\1\
                    (a) Except as provided by subsection (b) of this
                section, any employee of the Senate who is required to file
                a report pursuant to Senate rules shall refrain from
                participating personally and substantially as an employee of
                the Senate in any contact with any agency of the executive
                or judicial branch of Government with respect to non-
                legislative matters affecting any non-governmental person in
                which the employee has a significant financial interest.
                    \1\See Standing Rule XXXVII.
                    (b) Subsection (a) of this section shall not apply if an
                employee first advises his supervisor of his significant
                financial interest and obtains from such supervisor a
                written waiver stating that the participation of the
                employee is necessary. A copy of each such waiver shall be
                filed with the Select Committee. (Pub. L. 101-194, Title IX,
                Sec. 903, Nov. 30, 1989, 103 Stat. 1781.)
         249.5  Sec. 60a-1. Senate pay adjustments; action by President pro
                    tempore of Senate.
                    (a) Each time the President adjusts the rates of pay of
                employees under section 5303 of Title 5 the President pro
                tempore of the Senate shall, as he considers appropriate--
                                (1)(A) adjust the rate of personnel whose
                            pay is disbursed by the Secretary of the Senate,
                            and any minimum or maximum rate applicable to
                            any such personnel; or
                                (B) in the case of such personnel whose
                            rates of pay are fixed by or pursuant to law at
                            specific rates, adjust such rates (including the
                            adjustment of such specific rates to maximum pay
                            rates) and in the case of all other personnel
                            whose pay is disbursed by the Secretary of the
                            Senate, adjust only the minimum or maximum rates
                            applicable to such other personnel; and
                                (2) adjust any limitation or allowance
                            applicable to such personnel

                by percentages which are equal or equivalent, insofar as
                practicable and with such exceptions as may be necessary to
                provide for appropriate pay relationships between positions,
                to the percentages of the adjustments made by the President
                under such section 5303 for corresponding rates of pay for
                employees subject to the General Schedule contained in
                section 5332 of such title. Such rates, limitations, and
                allowances adjusted by the President pro tempore shall
                become effective on the first day of the month in which any
                adjustment becomes effective under such section 5305 or
                section 3(c) of this Act.

                    (b) The adjustments made by the President pro tempore
                shall be made in such manner as he considers advisable and
                shall have the force and effect of law.
                    (c) Nothing in this section shall impair any authority
                pursuant to which rates of pay may be fixed by
                administrative action.
                    (d) No rate of pay shall be adjusted under the
                provisions of this section to an amount in excess of the
                rate of basic pay for level III of the Executive Schedule
                contained in section 5314 of Title 5, except in cases in
                which it is necessary to restore and maintain the same pay
                relationships that existed on December 31, 1986, between
                personnel and Senators and between positions.

    [[Page 271]]

                    (e) For purposes of this section, the term ``personnel''
                does not include any Senator. (Pub. L. 91-656, Sec. 4, Jan.
                8, 1971, 84 Stat. 1952, amended Pub. L. 92-298, Sec. 3(a),
                May 17, 1972, 86 Stat. 146; Pub. L. 92-392, Sec. 14(a), Aug.
                19, 1972, 86 Stat. 575; Pub. L. 94-82; Title II,
                Sec. 204(d), Aug. 9, 1975, 89 Stat. 422; Pub. L. 100-202,
                Sec. 101(i) [Title III, Sec. 311(a), (b)], Dec. 22, 1987,
                101 Stat. 1329-310; Pub. L. 101-509, Title I,
                Sec. 101(b)(4)(E), Nov. 5, 1990, 104 Stat. 1440.)
         249.6  Sec. 60a-1a. Rates of compensation disbursed by Secretary of
                    Senate; applicability of Senate pay adjustments by
                    President pro tempore of Senate.
                    No provision of this Act or of any Act enacted after
                October 1, 1976, which specifies a rate of compensation
                (including a maximum rate) for any position or employee
                whose compensation is disbursed by the Secretary of the
                Senate shall, unless otherwise specifically provided
                therein, be construed to affect the applicability of section
                60a-1 of this title to such rate. (Pub. L. 94-440, Title I,
                Sec. 107, Oct. 1, 1976, 90 Stat. 1444.)
         249.7  Sec. 60a-1b. Senate pay adjustments; action by President pro
                    tempore of Senate.
                    (a) Whenever, after November 5, 1990, there is an
                adjustment in rates of pay for Senators (other than an
                adjustment which occurs by virtue of an adjustment under
                section 5303 of Title 5 in rates of pay under the General
                Schedule), the President pro tempore of the Senate may,
                notwithstanding any other provision of law, rule, or
                regulation, adjust the rate of pay (and any minimum or
                maximum rate, limitation, or allowance) applicable to
                personnel whose pay is disbursed by the Secretary of the
                Senate to the extent necessary to maintain the same pay
                relationships that existed on December 31, 1986, between
                personnel and Senators and between positions.
                    (b) Adjustments made by the President pro tempore under
                this section shall be made in such manner as he considers
                advisable and shall have the force and effect of law. (Pub.
                L. 101-520, Title III, Sec. 315, Nov. 5, 1990, 104 Stat.
                2283; Pub. L. 102-90, Title III, Sec. 308, Aug. 14, 1991,
                105 Stat. 466.)
           250  Sec. 60c-1. Officers and employees paid by Secretary of the
                    Senate; payment of salary; advance payment.
                    The compensation of Senators and officers and employees
                whose compensation is disbursed by the Secretary of the
                Senate, shall be payable on the fifth day of the month
                following the month in which such compensation accrued,
                except that--
                                (1) when such fifth or twentieth day falls
                            on Saturday, Sunday or on a legal holiday
                            (including any holiday on which the banks of the
                            District of Columbia are closed pursuant to
                            law), such compensation shall be payable on the
                            next preceding workday; and
                                (2) any part of such compensation accrued
                            for any month may, in the discretion of the
                            Secretary of the Senate, be paid prior to the
                            day specified in the preceding provisions of the
                            section.

                For purposes of the Internal Revenue Code of 1986 and for
                accounting and reporting purposes, disbursements made in
                accordance with this section on the fifth day of a month, or
                on the next preceding workday if such fifth day falls on
                Saturday, Sunday, or a legal holiday, shall

    [[Page 272]]

                be considered to have been made on the last day of the
                preceding month. (April 20, 1960, Pub. L. 86-426, 74 Stat.
                53; Oct. 11, 1971, Pub. L. 92-136, Sec. 6, 85 Stat. 378;
                July 25, 1979, Pub. L. 96-38, Title I, Sec. 108, 93 Stat.
                113; Oct. 1, 1981, Pub. L. 97-51, Sec. 111(a), Sec. 112(a),
                95 Stat. 962; Sept. 10, 1982, Pub. L. 97-257, Title I, Sec.
                105(a), 96 Stat. 849.)

                Sec. 60c-2. Salary deposit in financial organizations.
                    Repealed. Pub.L. 97-258, Sec. 5(b), Sept. 13, 1982, 96
                    Stat. 1081.

                                          Note

                    The Secretary of the Senate is authorized and directed,
                if requested by an individual whose compensation is
                disbursed by the Secretary, to pay the compensation by
                sending a check to a financial organization designated by
                the individual. See sec. 3332 of Title 31, Money and
                Finance, Senate Manual Sec. 489.1.
         250.7  Sec. 60c-2a. Banking and financial transactions of Secretary
                    of the Senate.
                (a) Reimbursement of banks for costs of clearing items for
                    Senate.
                    The Secretary of the Senate is authorized to reimburse
                any bank which clears items for the United States Senate for
                the costs incurred therein. Such reimbursements shall be
                made from the contingent fund of the Senate.

                (b) Check cashing regulations for Disbursing Office of
                    Senate.
                    The Secretary of the Senate is authorized to prescribe
                such regulations as he deems necessary to govern the cashing
                of personal checks by the Disbursing Office of the Senate.

                (c) Amounts withheld from disbursements for employee
                    indebtedness.
                    Whenever an employee whose compensation is disbursed by
                the Secretary of the Senate becomes indebted to the Senate
                and such employee fails to pay such indebtedness, the
                Secretary of the Senate is authorized to withhold the amount
                of the indebtedness from any amount which is disbursed by
                him and which is due to, or on behalf of, such employee.
                Whenever an amount is withheld under this section, the
                appropriate account shall be credited in an amount equal to
                the amount so withheld. (Pub. L. 94-440, Title I, Sec. 104,
                Oct. 1, 1976, 90 Stat. 1443.)
           251  Sec. 60c-3. Withholding and remittance of State income tax
                    by Secretary of Senate.
                (a) Agreement by Secretary with appropriate State official;
                    covered individuals.
                    Whenever--
                                (1) the law of any State provides for the
                            collection of an income tax by imposing upon
                            employers generally the duty of withholding sums
                            from the compensation of employees and remitting
                            such sums to the authorities of such State; and
                                (2) such duty to withhold is imposed
                            generally with respect to the compensation of
                            employees who are residents of such State;

    [[Page 273]]

                then the Secretary of the Senate is authorized, in
                accordance with the provisions of this section, to enter
                into an agreement with the appropriate official of that
                State to provide for the withholding and remittance of sums
                for individuals--

                                (A) whose pay is disbursed by the Secretary;
                            and
                                (B) who request the Secretary to make such
                            withholdings for remittance to that State.

                (b) Number of remittances authorized.
                    Any agreement entered into under subsection (a) of this
                section shall not require the Secretary to remit such sums
                more often than once each calendar quarter.

                (c) Requests by individuals of Secretary for withholding and
                    remittance; amount of withholding; number and effective
                    date of requests; change of designated State; revocation
                    of request; rules and regulations.
                    (1) An individual whose pay is disbursed by the
                Secretary may request the Secretary to withhold sums from
                his pay for remittance to the appropriate authorities of the
                State that he designates. Amounts of withholding shall be
                made in accordance with those provisions of the law of that
                State which apply generally to withholding by employers.
                    (2) An individual may have in effect at any time only
                one request for withholdings, and he may not have more than
                two such requests in effect with respect to different States
                during any one calendar year. The request for withholdings
                is effective on the first day of the first month commencing
                after the day on which the request is received in the
                Disbursing Office of the Senate, except that--
                                (A) when the Secretary first enters into an
                            agreement with a State, a request for
                            withholdings shall be effective on such date as
                            the Secretary may determine; and
                                (B) when an individual first receives an
                            appointment, the request shall be effective on
                            the day of appointment, if the individual makes
                            the request at the time of appointment.
                    (3) An individual may change the State designated by him
                for the purposes of having withholdings made and request
                that the withholdings be remitted in accordance with such
                change, and he may also revoke his request for withholdings.
                Any change in the State designated or revocation is
                effective on the first day of the first month commencing
                after the day on which the request for change or the
                revocation is received in the Disbursing Office.
                    (4) The Secretary is authorized to issue rules and
                regulations he considers appropriate in carrying out this
                subsection.

                (d) Time or times of agreements by Secretary.
                    The Secretary may enter into agreements under subsection
                (a) of this section at such time or times as he considers
                appropriate.

    [[Page 274]]

                (e) Provisions as not imposing duty, burden, requirement or
                    penalty upon the United States, Senate, or any officer
                    or employee of the United States; effect of filing
                    paper, form, or document with Secretary.
                    This section imposes no duty, burden, or requirement
                upon the United States, the Senate, or any officer or
                employee of the United States, except as specifically
                provided in this section. Nothing in this section shall be
                deemed to consent to the application of any provision of law
                which has the effect of subjecting the United States, the
                Senate, or any officer or employee of the United States to
                any penalty or liability by reason of the provisions of this
                section. Any paper, form, or document filed with the
                Secretary under this section is a paper of the Senate within
                the provisions of rule XI\1\ of the Standing Rules of the
                Senate.
                    \1\Changed from ``rule XXX'' as a result of the adoption
                    of S. Res. 274, Nov. 14, 1979, and S. Res. 389, Mar. 25,
                    1980, 96th Cong.

                (f) Definitions.
                    For the purposes of this section, ``State'' means any of
                the States of the United States and the District of
                Columbia. (Aug. 13, 1974, Pub.L. 93-371, Sec. 101(a), 88
                Stat. 427.)
         251.1  Sec. 60c-4. Withholding of charitable contributions from
                    salaries disbursed by the Secretary of the Senate and
                    from employees of the Architect of the Capitol.
                (a) Definitions.
                    For purposes of this section, the term--
                                (1) ``Secretary'' means the Secretary of the
                            Senate; and
                                (2) ``Architect'' means the Architect of the
                            Capitol.

                (b) Notice; deduction and transmission.
                    (1) The Secretary and the Architect shall notify
                individuals whose pay is disbursed by the Secretary or who
                are employees of the Architect, including employees of the
                Botanic Garden or the Senate Restaurants of the opportunity
                to have amounts withheld from their pay pursuant to this
                section for contribution to national voluntary health and
                welfare agencies designated by the Chairman of the Civil
                Service Commission pursuant to Executive Order 12353, dated
                March 23, 1982.
                    (2) Upon request by such an individual specifying the
                amount to be withheld and one Combined Federal Campaign
                Center in the Washington metropolitan area to receive such
                amount, the Secretary, the Architect, or any other officer
                who disburses the pay of such individual, as the case may be
                shall--
                                (A) withhold such amount from the pay of
                            such individual; and
                                (B) transmit (not less than once each
                            calendar quarter) the amount so withheld to the
                            Combined Federal Campaign Center as specified in
                            such request.

                (c) Time of withholding and transmission.
                    The Secretary and the Architect shall, to the extent
                practicable, carry out subsection (b) of this section at or
                about the time of the Combined Federal Campaign and other
                fundraising in the executive branch of the Federal
                Government conducted pursuant to Executive Order 10927,

    [[Page 275]]

                dated March 18, 1961, and at such other time as each such
                officer deems appropriate.

                (d) Amount.
                    (1) No amount shall be withheld under subsection (b) of
                this section from the pay of any individual for any pay
                period if the amount of such pay for such period is less
                than the sum of--
                                (A) the amount specified to be withheld from
                            such pay under subsection (b) of this section
                            for such period; plus
                                (B) the amount of all other withholdings
                            from such pay for such period.
                    (2) No amount may be specified by an individual to be
                withheld for any pay period under subsection (b) of this
                section which is less than--
                                (A) 50 cents, if the pay period of such
                            individual is biweekly or semimonthly; or
                                (B) $1, if the pay period of such individual
                            is monthly.

                (e) Provisions as not imposing duty, burden, requirement or
                    penalty upon the United States, Senate, or any officer
                    or employee of the United States; effect of filing
                    paper.
                    This section imposes no duty, burden, or requirement
                upon the United States, the Senate, or any officer or
                employee of the United States, except as specifically
                provided in this section. Nothing in this section shall be
                deemed to consent to the application of any provision of law
                which has the effect of subjecting the United States, the
                Senate, or any officer or employee of the United States to
                any penalty or liability by reason of the provisions of this
                section. Any paper, form, document, or any other item filed
                with the Secretary under this section is a paper of the
                Senate within the provisions of rule XI\1\ of the Standing
                Rules of the Senate.

                    \1\See footnote to sec. 251(e).
                (f) Rules and regulations.
                    The Secretary and the Architect are authorized to issue
                rules and regulations they consider appropriate in carrying
                out their duties under this section. (Oct. 17, 1978, Pub. L.
                95-470, 92 Stat. 1323.)
       251.1-1
       251.1-1  Sec. 60j. Longevity compensation.
                (a) Eligible employees.
                    This section shall apply to--
                                (1) each employee of the Senate whose
                            compensation is paid from the appropriation for
                            Salaries, Officers and Employees under the
                            following headings:

                                    (A) Office of the Secretary, including
                                individuals employed under authority of
                                section 74b of this title;

                                    (B) Office of the Sergeant at Arms and
                                Doorkeeper, except employees designated as
                                ``special employees''; and

                                    (C) Offices of the Secretaries for the
                                Majority and the Minority;

                                (2) each employee of the Senate authorized
                            by Senate resolution to be appointed by the
                            Secretary of the Senate or the Sergeant

    [[Page 276]]

                            at Arms and Doorkeeper, except employees
                            designated as ``special employees''; and
                                (3) each employee of the Capitol Guide
                            Service established under section 851 of Title
                            40.

                (b) Rate of compensation; limitation on increases;
                    computation of service; effective date of payment.
                    (1) Except as provided in paragraph (2), an employee to
                whom this section applies shall be paid, during any period
                of continuous creditable service, additional annual
                compensation (hereinafter referred to as ``longevity
                compensation'') at the rate of $404 for (A) each year of
                creditable service performed for the first five years and
                (B) each two years of creditable service performed during
                the twenty-year period following the first five years.
                    (2) The amount of longevity compensation which may be
                paid to an employee, when added to his regular annual
                compensation, shall not exceed the maximum annual
                compensation which may be paid to Senate employees generally
                as prescribed by law or orders of the President pro tempore
                issued under authority of section 60a-1 of this title.
                    (3) For purposes of this section--
                                (A) creditable service includes (i) service
                            performed as an employee described in subsection
                            (a) of this section, (ii) service performed as a
                            member of the Capitol Police or as an employee
                            of the United States Capitol Telephone Exchange
                            while compensation therefore is disbursed by the
                            Clerk of the House of Representatives, and (iii)
                            service which is creditable for purposes of this
                            section as in effect on September 30, 1978;
                                (B) in computing length of continuous
                            creditable service, only creditable service
                            performed subsequent to August 31, 1957, shall
                            be taken into account, except that, in the case
                            of service as an employee employed under
                            authority of section 74b of this title, only
                            creditable service performed subsequent to
                            January 2, 1971, shall be taken into account;
                            and
                                (C) continuity of creditable service shall
                            not be deemed to be broken by separations from
                            service of not more than thirty days, by the
                            performance of service as an employee (other
                            than an employee subject to the provisions of
                            this section) whose compensation is disbursed by
                            the Secretary of the Senate or the Clerk of the
                            House of Representatives, or by the performance
                            of active military service in the armed forces
                            of the United States, but periods of such
                            separations and service shall not be creditable
                            service.
                    (4) Longevity compensation shall be payable on and after
                the first day of the first month following completion of
                each period of creditable service upon which such
                compensation is based. (Pub. L. 87-730, Sec. 106 (a), (b),
                (d), Oct. 2, 1962, 76 Stat. 694, 695, amended Pub. L. 88-
                454, Sec. 104(b), Aug. 20, 1964, 78 Stat. 550; Pub. L. 90-
                57, Title V, Sec. 105(g), July 28, 1967, 81 Stat. 143; Pub.
                L. 90-206, Title II, Secs. 214(n), 225(h), Dec. 16,
                1967, 81 Stat. 637, 644; Pub. L. 91-656, Sec. 4, Jan. 8,
                1971, 84 Stat. 1952; Pub. L. 93-371, Sec. 101, Aug. 13,
                1974, 88 Stat. 436; Pub. L. 95-240, Title II, Sec. 205, Mar.
                7, 1978, 92 Stat. 117; Pub. L. 95-391, Title I, Sec. 110(a),
                Sept. 30, 1978, 92 Stat. 774; July 8, 1980, Pub. L. 96-304,
                Title I, Sec. 107(b), 94 Stat. 890.)

    [[Page 277]]

         251.2  Sec. 60j-1. Same; Capitol Police.
                    Any member of the Capitol Police who by reason of the
                provision repealed by subsection (b)\1\ was receiving
                immediately prior to the effective date\2\ of this section,
                longevity compensation provided by section 105 of the
                Legislative Branch Appropriation Act, 1959,\3\ shall, on and
                after such effective date, receive in lieu thereof a
                longevity increase under section 60j(b) of this title, in
                addition to any other such increases (not to exceed three)
                to which he may otherwise be entitled under such section. In
                computing the length of service of such member for the
                purpose of such other increases, only service performed
                subsequent to the date on which he began receiving longevity
                compensation in accordance with such section 105 shall be
                counted. (Aug. 20, 1964, Pub. L. 88-454, Sec. 104(c), 78
                Stat. 550.)

                    \1\Refers to second sentence of section 106(d) of
                    Legislative Branch Appropriation Act, 1963, repealed by
                    section 104(b) of Legislative Branch Appropriation Act,
                    1965.
                    \2\Section became effective September 1, 1964.
                    \3\Section 105 of Legislative Branch Appropriation Act,
                    1959, repealed by section 106(d) of Legislative Branch
                    Appropriation Act, 1963.
         251.3  Sec. 60j-2. Longevity compensation for telephone operators
                    on United States telephone exchange and members of
                    Capitol Police whose compensation is disbursed by Clerk
                    of House of Representatives.
                    The provisions of subsections (a) and (b) of section 60j
                of this title (as amended by section 110 of Pub. L. 95-391),
                shall apply to telephone operators (including the chief
                operator and assistant chief operators) on the United States
                Capitol telephone exchange and members of the Capitol Police
                whose compensation is disbursed by the Clerk 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 Clerk of
                the House of Representatives or the Secretary of the Senate.
                (Pub. L. 95-391, Title III, Sec. 310, Sept. 30, 1978, 92
                Stat. 790.)
                Sec. 60j-3. Repealed. (Pub. L. 97-276, Sec. 101(e), Oct. 2,
                    1982, 96 Stat. 1189)
         251.5  Sec. 60j-4. Merit compensation.
                     Subsections (a) and (b) of section 106 of the
                Legislative Branch Appropriation Act, 1963 (2 U.S.C. 60j) 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 subsections on
                the basis of service performed prior to such date shall
                continue to be entitled to such compensation, but no
                individual shall accrue any longevity compensation on the
                basis of service performed on or after such date. (July 14,
                1983, Pub. L. 98-51, sec. 107, 97 Stat. 267.)

    [[Page 278]]

           252  Sec. 61. Limit on rate of compensation of officers and
                    employees of Senate.
                    No officer or employee of the Senate shall receive pay
                for any services performed by him at any rate higher than
                that provided for the office or employment to which he has
                been regularly appointed. (Aug. 5, 1882, ch. 390, Sec. 1, 22
                Stat. 270.)
         252.1  Sec. 61-1. Gross rate of compensation of employees paid by
                    Secretary of Senate.
         252.2  (a) Annual rate; certification.
                    (1) Whenever the rate of compensation of any employee
                whose compensation is disbursed by the Secretary of the
                Senate is fixed or adjusted on or after October 1, 1980,
                such rate as so fixed or adjusted shall be at a single whole
                dollar per annum gross rate and may not include a fractional
                part of a dollar.\1\
                    \1\As modified by the Order of the President pro tempore
                    of the Senate issued on October 5, 1981, effective
                    October 1, 1981, under authority of section 4 of the
                    Federal Pay Comparability Act of 1970.
                    (2) New or changed rates of compensation (other than
                changes in rates which are made by law) of any such employee
                (other than an employee who is an elected officer of the
                Senate) shall be certified in writing to the Disbursing
                Office of the Senate (and, for purposes of this paragraph, a
                new rate of compensation refers to compensation in the case
                of an appointment, transfer from one Senate appointing
                authority to another, or promotion by an appointing
                authority to a position the compensation for which is fixed
                by law). In the case of an appointment or other new rate of
                compensation the certification must be received by such
                office on or before the day the rate of new compensation is
                to become effective. In any other case, the changed rate of
                compensation shall take effect on the first day of the month
                in which such certification is received (if such
                certification is received within the first ten days of such
                month), on the first day of the month after the month in
                which such certification is received (if the day on which
                such certification is received is after the twenty-fifth day
                of the month in which it is received), and on the sixteenth
                day of the month in which such certification is received (if
                such certification is received after the tenth day and
                before the twenty-sixth day of such month). Notwithstanding
                the preceding sentence, if the certification for a changed
                rate of compensation for an employee specifies an effective
                date of such change, such change shall become effective on
                the date so specified, but only if the date so specified is
                the first or sixteenth day of a month and is after the
                effective date prescribed in the preceding sentence; and,
                notwithstanding such sentence and the preceding provisions
                of this sentence, any changed rate of compensation for a new
                employee or an employee transferred from one appointing
                authority to another shall take effect on the date of such
                employee's appointment or transfer (as the case may be) if
                such date is later than the effective date for such changed
                rate of compensation as prescribed by such sentence. (Pub.
                L. 98-181, sec. 1203.)
         252.3  (b) Conversion increase in computation.
                    Note.--This subsection has been executed.

    [[Page 279]]

         252.4  (c) Reference in other provisions to basic rates and
                    additional compensation.
                    In any case in which the rate of compensation of any
                employee or position, or class of employees or positions,
                the compensation for which is disbursed by the Secretary of
                the Senate, or any maximum or minimum rate with respect to
                any such employee, position, or class, is referred to in or
                provided by statute or Senate resolution, and the rate so
                referred to or provided is a basic rate with respect to
                which additional compensation is provided by law, such
                statutory provision or resolution shall be deemed to refer,
                in lieu of such basic rate, to the per annum gross rate
                which an employee receiving such basic rate immediately
                prior to August 1, 1967, would receive (without regard to
                such statutory provision or resolution) under subsection (b)
                of this section on and after such date.

         252.5  (d) Compensation of employees in office of Senator.

                                          Note

                    This subsection sets forth the maximum and minimum
                salaries which may be paid to employees in the office of a
                Senator. These figures are changed annually by Orders of the
                President pro tempore of the Senate issued under authority
                of section 4 of the Federal Pay Comparability Act of 1970.
                For the current figures consult the Senate Disbursing
                Office.
                    Each Member of the Senate is authorized by section
                111(c) of the Legislative Branch Appropriation Act, 1978
                (Pub. Law 95-94, 91 Stat. 662-663, Aug. 5, 1977), to
                designate employees in his office to assist him in
                connection with his membership on committees of the Senate.
                With certain exceptions, an employee so designated is to be
                accorded all privileges of a professional staff member of
                the committee to which designated. The text of section
                111(c) is as follows:
                    (c)(1) A Senator may designate employees in his office
                to assist him in connection with his membership on
                committees of the Senate. An employee may be designated with
                respect to only one committee.
                    (2) An employee designated by a Senator under this
                subsection shall be certified by him to the chairman and
                ranking minority member of the committee with respect to
                which such designation is made. Such employee shall be
                accorded all privileges of a professional staff member
                (whether permanent or investigatory) of such committee
                including access to all committee sessions and files, except
                that any such committee may restrict access to its sessions
                to one staff member per Senator at a time and require, if
                classified material is being handled or discussed, that any
                staff member possess the appropriate security clearance
                before being allowed access to such material or to
                discussion of it. Nothing contained in this paragraph shall
                be construed to prohibit a committee from adopting policies
                and practices with respect to the application of this
                subsection which are similar to the policies and practices
                adopted with respect to the application of section 705(c)(1)
                of Senate Resolution 4, 95th Congress, and section 106(c)(1)
                of the Supplemental Appropriations Act, 1977.
                    (3) A Senator shall notify the chairman and ranking
                minority member of a committee whenever a designation of an
                employee under this subsection with respect to such
                committee is terminated.
                    Sec. 111(a) provides for an amount to be added to each
                Senator's Official Personnel and Expense Account for
                compensation of committee-related employees authorized under
                subsection (c). This amount is subject to change annually by
                Orders of the President pro tempore of the Senate issued
                under authority of section 4 of the Federal Pay
                Comparability Act of 1970. For the current figure consult
                the Senate Disbursing Office.
                    Sec. 111(b) repealed, effective the first day of the
                100th Congress. (Oct. 21, 1987, Sec. 3, Pub. L. 100-137, 101
                Stat. 819.)

    [[Page 280]]

         252.6  (e) Compensation of committee staff members.

                                      Note

                    This subsection sets forth the maximum salaries which
                may be paid to committee employees. These figures are
                changed annually by Orders of the President pro tempore of
                the Senate issued under authority of section 4 of the
                Federal Pay Comparability Act of 1970. For the current
                figures consult the Senate Disbursing Office.

         252.7  (f) General limitation.

                                      Note

                    This subsection sets forth the maximum and minimum
                salaries which may be paid to Senate employees (other than
                committee employees, employees in a Senator's office, and
                employees serving in a position the salary of which is
                prescribed by law). These figures are changed annually by
                Orders of the President pro tempore of the Senate issued
                under authority of section 4 of the Federal Pay
                Comparability Act of 1970. For the current figures consult
                the Senate Disbursing Office.

         252.8  (g) Capitol telephone operators and police.

                    The rate of compensation of each telephone operator on
                the United States Capitol telephone exchange and each member
                of the Capitol Police, whose compensation is disbursed by
                the Clerk of the House of Representatives shall be converted
                to a gross rate in accordance with the provisions of this
                section. (Pub. L. 90-57, Sec. 105 (a)-(f), (j), July 28,
                1967, 81 Stat. 141-144, amended Pub. L. 90-206, Title II,
                Sec. 214(j)-(l), Dec. 16, 1967, 81 Stat. 637; Pub. L. 91-
                145, Sec. 101, Dec. 12, 1969, 83 Stat. 340; Pub. L. 91-510,
                Title III, Sec. 305, Oct. 26, 1970, 84 Stat. 1181; Pub. L.
                91-656, Sec. 4, Jan. 8, 1971, 84 Stat. 1952; Pub. L. 92-184,
                Ch. IV, Sec. 401, Dec. 15, 1971, 85 Stat. 633; Pub. L. 92-
                607, Ch. V, Sec. 505, Oct. 31, 1972, 86 Stat. 1505; Pub. L.
                93-145, Sec. 101, Nov. 1, 1973, 87 Stat. 532; Pub. L. 93-
                245, Ch. VI, Sec. 601, Jan. 3, 1974, 87 Stat. 1078; Pub. L.
                93-255, Sec. 1, Mar. 27, 1974, 88 Stat. 52; Pub. L. 93-371,
                Sec. 101(6), Aug. 13, 1974, 88 Stat. 430; Pub. L. 94-59,
                Title I, Sec. 102, July 25, 1975, 89 Stat. 274; Pub. L. 94-
                440, Title I, Sec. 101(a), Oct. 1, 1976, 90 Stat. 1443; Pub.
                L. 95-94, Title I, Sec. 111(d), Aug. 5, 1977, 91 Stat. 63;
                Pub. L. 98-181, Title I, Sec. 1203(a), Nov. 30, 1983, 97
                Stat. 1289; modified by Orders of the President pro tempore
                of the Senate issued under authority of section 4 of the
                Federal Pay Comparability Act of 1970; July 8, 1980, Pub. L.
                96-304, Title I, Sec. 107(a), 94 Stat. 890.)

         252.9  Sec. 61-1a. Availability of appropriated funds for payment
                    to an individual of pay from more than one position;
                    conditions.

                    Notwithstanding any other provision of law, appropriated
                funds are available for payment to an individual of pay from
                more than one position, each of which is either in the
                office of a Senator and the pay of which is disbursed by the
                Secretary of the Senate or is in another office and the pay
                of which is disbursed by the Secretary of the Senate out of
                an appropriation under the heading ``Salaries, Officers and
                Employees'', if the aggregate gross pay from those positions
                does not exceed the maximum rate specified in section
                105(d)(2) of the Legislative Appropriations Act of 1968, as
                amended and modified. (Pub. L. 95-94, Title I, Sec. 114,
                Aug. 5, 1977, 91 Stat. 665; Pub. L. 95-240, Title

    [[Page 281]]

                II, Sec. 207, Mar. 7, 1978, 92 Stat. 117; Pub. L. 100-202,
                Sec. 9, Dec. 22, 1987, 101 Stat. 1329-295.)
        252.10  Sec. 61-1c. Aggregate gross compensation of employee of
                    Senator of State with population under 5,000,000
                    (a) Notwithstanding the provisions of section 61-1(d)(1)
                of this title, and except as otherwise provided in
                subparagraph (C) of section 61-1(d)(1) of this title, the
                aggregate of gross compensation paid employees in the office
                of a Senator shall not exceed during each fiscal year
                $1,012,083 if the population of his State is less than
                5,000,000.
                    (b) Subsection (a) of this section shall take effect
                October 1, 1991. (Aug. 14, 1991, Pub. L. 102-90, Title I,
                Sec. 5, 105 Stat. 450.)

           253  Sec. 61a. Compensation of Secretary of the Senate.

                                      Note

                    Pursuant to Orders of the President pro tempore of the
                Senate issued under authority of section 4 of the Federal
                Pay Comparability Act of 1970, the annual rate of
                compensation of the Secretary of the Senate is the same as
                level III of the Executive Schedule (5 U.S.C. Sec. 5314),
                but may not be more than $1,000 less than the annual rate of
                compensation of a Senator.
         254.8  Sec. 61a-9. Advancement by Secretary of the Senate of travel
                    funds to employees under his jurisdiction for Federal
                    Election Campaign Act travel expenses.
                    The Secretary of the Senate is hereafter authorized to
                advance, in his discretion, to any designated employee under
                his jurisdiction, such sums as may be necessary, not
                exceeding $1,500, to defray official travel expenses in
                assisting the Secretary in carrying out his duties under the
                Federal Election Campaign Act of 1971. Any such employee
                shall, as soon as practicable, furnish to the Secretary a
                detailed voucher for such expenses incurred and make
                settlement with respect to any amount so advanced. (Oct. 31,
                1972, Pub. L. 92-607, Sec. 504, 86 Stat. 1505.)
         254.9  Sec. 61a-9a. Travel expenses of Secretary of Senate;
                    advancement of travel funds to designated employees.
                    For the purpose of carrying out his duties, the
                Secretary of the Senate is authorized to incur official
                travel expenses. The Secretary of the Senate is authorized
                to advance, in his discretion, to any designated employee
                under his jurisdiction, such sums as may be necessary, not
                exceeding $1,000, to defray official travel expenses in
                assisting the Secretary in carrying out his duties. Any such
                employee shall, as soon as practicable, furnish to the
                Secretary a detailed voucher for such expenses incurred and
                make settlement with respect to any amount so advanced.
                Payments to carry out the provisions of this section shall
                be made from funds included in the appropriation
                ``Miscellaneous Items'' under the heading ``Contingent
                Expenses of the Senate'' upon vouchers approved by the
                Secretary of the Senate. (July 25, 1975, Pub. L. 94-59,
                Sec. 101, 89 Stat. 273; Aug. 5, 1977, Pub. L. 95-94, Title
                I, Sec. 106, 91 Stat. 661; Sept. 8, 1978, Pub. L. 95-355,
                Title I, Sec. 101, 92 Stat. 533; June 5, 1981, Pub. L. 97-
                12, Sec. 102, 95 Stat. 61; July 17, 1984, Pub. L. 98-367,
                Sec. 1, 98 Stat. 474.)

    [[Page 282]]

           255  Sec. 61a-11. Certain positions abolished in the Office of
                    the Secretary of the Senate; conditions.
                    Effective October 1, 1981, all statutory positions in
                the Office of the Secretary (other than the positions of the
                Secretary of the Senate, Assistant Secretary of the Senate,
                Parliamentarian, Financial Clerk, and Director of the Office
                of Classified National Security Information) are abolished,
                and in lieu of the positions hereby abolished the Secretary
                of the Senate is authorized to establish such number of
                positions as he deems appropriate and appoint and fix the
                compensation of employees to fill the positions so
                established; except that the annual rate of compensation
                payable to any employee appointed to fill any position
                established by the Secretary of the Senate shall not, for
                any period of time, be in excess of $1,000 less than the
                annual rate of compensation of the Secretary of the Senate
                for that period of time; and except that nothing in this
                section shall be construed to affect any position authorized
                by statute, if the compensation for such position is to be
                paid from the contingent fund of the Senate. (Oct. 1, 1981,
                Pub. L. 97-51, Sec. 114, 95 Stat. 963.)
         255.3  Sec. 61c-1. Adjustment of rate of compensation by Secretary
                    of the Senate.
                    Any specific rate of compensation established by law, as
                such rate has been increased or may hereafter be increased
                by or pursuant to law, for any position under the
                jurisdiction of the Secretary shall be considered as the
                maximum rate of compensation for that position, and the
                Secretary is authorized to adjust the rate of compensation
                of an individual occupying any such position to a rate not
                exceeding such maximum rate. (Aug. 18, 1970, Pub. L. 91-382,
                Sec. 101, 84 Stat. 808.)
           256  Sec. 61d. Compensation of the Chaplain of the Senate.
                    Effective with respect to pay periods beginning on or
                after December 22, 1987, the Chaplain of the Senate shall be
                compensated at a rate equal to the annual rate of basic pay
                for level IV of the Executive Schedule under section 5315 of
                Title 5. (Dec. 22, 1987, Pub. L. 100-202, Sec. 2(a), 101
                Stat. 1329-294.)
         256.1  Sec. 61d-1. Compensation of employees of the Chaplain of the
                    Senate.
                    The Chaplain of the Senate may appoint and fix the
                compensation of such employees as he deems appropriate,
                except that the amount which may be paid for any fiscal year
                as gross compensation for personnel in such Office for any
                fiscal year shall not exceed $147,000. (Pub. L. 91-145, Dec.
                12, 1969, 83 Stat. 340; Pub. L. 93-371, Sec. 101, Aug. 13,
                1974, 88 Stat. 424; Pub. L. 96-38, Title I, Sec. 103, July
                25, 1979, 93 Stat. 112; Pub. L. 100-202, Sec. 101(i) [Title
                I, Sec. 2(b)], Dec. 22, 1987, 101 Stat. 1329-294; Pub. L.
                101-163, Title I, Sec. 10, Nov. 21, 1989, 103 Stat. 1046.)
         256.5  Sec. 61d-2. Chaplain of the Senate; Secretary of the Senate
                    to furnish postage stamps.
                    The Secretary of the Senate is authorized and directed
                to procure and furnish each fiscal year (commencing with the
                fiscal year ending September 30, 1982) to the Chaplain of
                the Senate, upon the request of the Chaplain of the Senate,
                United States postage stamps in such

    [[Page 283]]

                amounts as may be necessary for the mailing of postal
                matters arising in connection with his official business.
                (June 1, 1976, Pub. L. 94-303, Title I, Sec. 114, 90 Stat.
                614; Oct. 1, 1981, Pub. L. 97-51, Sec. 127, 95 Stat. 966.)

           257  Sec. 61e. Compensation of Sergeant at Arms and Doorkeeper of
                the Senate.
                                      Note

                    Pursuant to Orders of the President pro tempore of the
                Senate issued under authority of section 4 of the Federal
                Pay Comparability Act of 1970, the annual rate of
                compensation of the Sergeant at Arms and Doorkeeper of the
                Senate is the same as level III of the Executive Schedule (5
                U.S.C. Sec. 5314), but may not be more than $1,000 less than
                the annual rate of compensation of a Senator.
         257.5  Sec. 61e-3. Death, resignation, or disability of Sergeant at
                    Arms and Doorkeeper of the Senate; Deputy Sergeant at
                    Arms and Doorkeeper deemed acting.
                    In the event of the death, resignation, or disability of
                the Sergeant at Arms and Doorkeeper of the Senate, the
                Deputy Sergeant at Arms and Doorkeeper shall act as Sergeant
                at Arms and Doorkeeper of the Senate in carrying out the
                duties and responsibilities of that office in all matters
                until such time as a new Sergeant at Arms and Doorkeeper of
                the Senate shall have been elected and qualified or such
                disability shall have been ended. For purposes of this
                section, the Sergeant at Arms and Doorkeeper of the Senate
                shall be considered as disabled only during such period of
                time as the Majority and Minority Leaders and the President
                Pro Tempore of the Senate certify jointly to the Senate that
                the Sergeant at Arms and Doorkeeper of the Senate is unable
                to perform his duties. In the event that the Sergeant at
                Arms and Doorkeeper of the Senate is absent, the Deputy
                Sergeant at Arms and Doorkeeper shall act during such
                absence as the Sergeant at Arms and Doorkeeper of the Senate
                in carrying out the duties and responsibilities of the
                office in all matters. (Oct. 1, 1981, Pub. L. 97-51,
                Sec. 128, 95 Stat. 966.)
           258  Sec. 61f-1a. Travel expenses of Sergeant at Arms and
                    Doorkeeper of the Senate.
                    For the purpose of carrying out his duties, the Sergeant
                at Arms and Doorkeeper of the Senate is authorized to incur
                official travel expenses during each fiscal year not to
                exceed the sums made available for such purpose under
                appropriations Acts. With the approval of the Sergeant at
                Arms and Doorkeeper of the Senate and in accordance with
                such regulations as may be promulgated by the Senate
                Committee on Rules and Administration, the Secretary of the
                Senate is authorized to advance to the Sergeant at Arms or
                to any designated employee under the jurisdiction of the
                Sergeant at Arms and Doorkeeper, such sums as may be
                necessary to defray official travel expenses incurred in
                carrying out the duties of the Sergeant at Arms and
                Doorkeeper. The receipt of any such sum so advanced to the
                Sergeant at Arms and Doorkeeper or to any designated
                employee shall be taken and passed by the accounting
                officers of the Government as a full and sufficient voucher,
                but it shall be the duty of the traveler, as soon as
                practicable, to furnish to the Secretary of the Senate a
                detailed voucher of the expenses incurred for the travel
                with respect to which the sum was

    [[Page 284]]

                so advanced, and make settlement with respect to such sum.
                Payments under this section shall be made from funds
                included in the appropriations account, within the
                contingent fund of the Senate, for the Sergeant at Arms and
                Doorkeeper of the Senate, upon vouchers approved by the
                Sergeant at Arms and Doorkeeper. (June 1, 1976, Pub. L. 94-
                303, Title I, Sec. 117, 90 Stat. 615; Sept. 30, 1978, Pub.
                L. 95-391, Title I, Sec. 106, 92 Stat. 772; Oct. 12, 1979,
                Pub. L. 96-86; Sec. 111(c), 93 Stat. 661; June 5, 1981, Pub.
                L. 97-12, Sec. 108, 95 Stat. 62; Oct. 1, 1988, Pub. L. 100-
                458, Sec. 6, 102 Stat. 2161, 2162; Pub. L. 100-458, Sec. 6,
                Oct. 1, 1988, 102 Stat. 2161; Pub. L. 101-520, Title I,
                Sec. 6, Nov. 5, 1990, 104 Stat. 2258.)
         258.5  Sec. 61f-7. Certain positions abolished in the Office of the
                    Sergeant at Arms and Doorkeeper of the Senate;
                    conditions.
                    Effective October 1, 1981, all statutory positions in
                the Office of the Sergeant at Arms and Doorkeeper of the
                Senate (other than the positions of the Sergeant at Arms and
                Doorkeeper of the Senate, Deputy Sergeant at Arms and
                Doorkeeper, and Administrative Assistant) are abolished, and
                in lieu of the positions hereby abolished the Sergeant at
                Arms and Doorkeeper of the Senate is authorized to establish
                such number of positions as he deems appropriate and appoint
                and fix the compensation of employees to fill the positions
                so established; except that the annual rate of compensation
                payable to any employee appointed to fill any position
                established by the Sergeant at Arms and Doorkeeper of the
                Senate shall not, for any period of time, be in excess of
                $1,000 less than the annual rate of compensation of the
                Sergeant at Arms and Doorkeeper of the Senate for that
                period of time; and except that nothing in this section
                shall be construed to affect any position authorized by
                statute, if the compensation for such position is to be paid
                from the contingent fund of the Senate. (Oct. 1, 1981, Pub.
                L. 97-51, Sec. 116, 95 Stat. 963.)
           259  Sec. 61f-8. Sergeant at Arms and Doorkeeper of the Senate;
                    procurement of consultants; detailed agency personnel.
                    For each fiscal year (beginning with the fiscal year
                which ends September 30, 1982), the Sergeant at Arms and
                Doorkeeper of the Senate is hereby authorized to expend from
                the account for the Sergeant at Arms and Doorkeeper of the
                Senate, within the contingent fund of the Senate, an amount
                not to exceed $300,000 for:
                                (1) the procurement of individual
                            consultants, on a temporary or intermittent
                            basis, at a daily rate of compensation not in
                            excess of the per diem equivalent of the highest
                            gross rate of annual compensation which may be
                            paid to employees of a standing committee of the
                            Senate with the prior consent of the Committee
                            on Rules and Administration; and
                                (2) with the prior consent of the Government
                            department or agency concerned and the Committee
                            on Rules and Administration, use on a
                            reimbursable basis (with reimbursement payable
                            at the end of each calendar quarter for services
                            rendered during such quarter) of the services of
                            personnel of any such department or agency.

                Payments made under this section shall be made upon vouchers
                approved by the Sergeant at Arms and Doorkeeper of the
                Senate. (Oct. 1, 1981, Pub. L. 97-51, Sec. 117, 95 Stat.
                964; Pub. L. 97-257, Title I,

    [[Page 285]]

                sec. 103, Sept. 10, 1982, 96 Stat. 849; Oct. 1, 1988, Pub.
                L. 100-458, Sec. 7, 102 Stat. 2162.)

           260  Sec. 61g-6. Payment of expenses of Conference of the
                    Majority and the Conference of the Minority from
                    contingent fund of Senate.
                    For each fiscal year (beginning with the fiscal year
                which ends September 30, 1982) there is authorized to be
                expended from the contingent fund of the Senate an amount,
                not in excess of $75,000, for the Conference of the Majority
                and an equal amount for the Conference of the Minority.
                Payments under this section shall be made only for expenses
                actually incurred by such a Conference in carrying out its
                functions, and shall be made upon certification and
                documentation of the expenses involved, by the Chairman of
                the Conference claiming payment hereunder and upon vouchers
                approved by such Chairman and by the Committee on Rules and
                Administration, except that vouchers shall not be required
                for payment of long-distance telephone calls. (Oct. 1, 1981,
                Pub. L. 97-51, Sec. 120, 95 Stat. 965; Pub. L. 97-276, Oct.
                2, 1982, sec. 101(e), 96 Stat. 1189; Pub. L. 99-151, Title
                I, Sec. 1, Nov. 14, 1985, 99 Stat. 794; Pub. L. 101-163,
                Title I, Nov. 21, 1989, 103 Stat. 1043; Pub. L. 101-520,
                Title I, Nov. 5, 1990, 104 Stat. 2256.)
          260a  Sec. 61g-6a. Transfer of funds by Chairman of Majority or
                    Minority Conference of Senate from appropriation account
                    for salaries of the Conferences to account within
                    contingent fund of Senate; writing respecting transfer
                    to Senate Disbursing Office; available amount and uses.
                    The Chairman of the Majority or Minority Conference
                Committee of the Senate may, during any fiscal year
                (commencing with the fiscal year ending September 30, 1991),
                at his election transfer not more than $275,000 from the
                appropriation account for salaries for the Conference of the
                Majority and the Conference of the Minority of the Senate,
                to the account, within the contingent fund of the Senate,
                from which expenses are payable under section 61g-6 of this
                title. Any transfer of funds under authority of the
                preceding sentence shall be made at such time or times as
                such chairman shall specify in writing to the Senate
                Disbursing Office. Any funds so transferred by the Chairman
                of the Majority or Minority Conference Committee shall be
                available for expenditure by such committee in like manner
                and for the same purposes as are other moneys which are
                available for expenditure by such committee from the
                account, within the contingent fund of the Senate, from
                which expenses are payable under section 61g-6 of this
                title. (Pub. L. 101-520, Title I, Sec. 1, Nov. 5, 1990, 104
                Stat. 2257; Pub. L. 102-90, Title I, Sec. 1(a), Aug. 14,
                1991, 105 Stat. 450.)
         260.1  Sec. 61g-7. Services of consultants to Majority or Minority
                    Conference Committee of the Senate.
                (a) Authorization of expenditure with approval of Committee
                    on Rules and Administration.
                    Funds authorized to be expended under section 61g-6 of
                this title may be used by the Majority or Minority
                Conference Committee of the Senate, with the approval of the
                Committee on Rules and Administration, to procure the
                temporary services (not in excess of one year) or
                intermittent services of individual consultants, or
                organizations thereof,

    [[Page 286]]

                to make studies or advise the committee with respect to any
                matter within its jurisdiction or with respect to the
                administration of the affairs of the committee.
                (b) Contracts.
                    Such services in the case of individuals or
                organizations may be procured by contract as independent
                contractors, or in the case of individuals, by employment at
                daily rates of compensation not in excess of the per diem
                equivalent of the highest gross rate of compensation which
                may be paid to a regular employee of such committee. Such
                contracts shall not be subject to the provisions of section
                5 of Title 41 or any other provision of law requiring
                advertising.
                (c) Selection of consultants and organizations by Conference
                    Committee chairman.
                    Any such consultant or organization shall be selected
                for the Majority or Minority Conference Committee of the
                Senate by the chairman thereof. (Aug. 15, 1985, Pub. L. 99-
                88, Title I, Sec. 195, 99 Stat. 349.)
        260.1a  Sec. 61g-8. Utilization of funds for specialized training of
                    professional staff for Majority and Minority Conference
                    Committee of the Senate.
                    Funds appropriated to the Conference of the Majority and
                funds appropriated to the Conference of the Minority for any
                fiscal year (commencing with the fiscal year ending
                September 30, 1991), may be utilized in such amounts as the
                Chairman of each Conference deems appropriate for the
                specialized training of professional staff, subject to such
                limitations, insofar as they are applicable, as are imposed
                by the Committee on Rules and Administration with respect to
                such training when provided to professional staff of
                standing committees of the Senate. (Pub. L. 101-520, Title
                I, Sec. 2, Nov. 5, 1990, 104 Stat. 2256.)
         260.2  Sec. 61h-4. Appointment of employees by Majority and
                    Minority Leaders of Senate; compensation.
                    Effective April 1, 1977, the Majority Leader and the
                Minority Leader are each authorized to appoint and fix the
                compensation of such employees as they deem appropriate:
                Provided, That the gross compensation paid to such employees
                shall not exceed $191,700 each fiscal year for each Leader.
                (May, 1977, Pub. L. 95-26, Title I, Sec. 100, 91 Stat. 80.)

                                      Note

                    S. Res. 89, 100-1, Jan. 28, 1987, established within the
                offices of Majority and Minority Leaders the positions of
                chief of staff for the Majority Leader and chief of staff
                for the Minority Leader. Rate of compensation shall be fixed
                by the appropriate leader, not to exceed the maximum annual
                rate of gross compensation of the Assistant Secretary of the
                Senate.
         260.3  Sec. 61h-5. Assistant to Majority Leader of Senate for Floor
                    Operations and Assistant to Minority Leader of Senate
                    for Floor Operations; compensation.
                    Effective October 1, 1983, there is established within
                the Offices of the Majority and Minority Leaders the
                positions of Assistant to the Majority Leader for Floor
                Operations and Assistant to the Minority Leader for Floor
                Operations, respectively. Individuals appointed to such
                positions by the Majority Leader and Minority Leader,
                respectively, shall receive compensation at a rate fixed by
                the appropriate Leader not

    [[Page 287]]

                to exceed the maximum annual rate of gross compensation of
                the Assistant Secretary of the Senate. (July 14, 1983, Pub.
                L. 95-26, Title I, Sec. 101(a), 97 Stat. 265.)
         260.4  Sec. 61h-6. Appointment of consultants by Majority Leader,
                    Minority Leader, Secretary of the Senate, and
                    Legislative Counsel of the Senate; compensation.
                    (a) The Majority Leader and the Minority Leader, are
                each authorized to appoint and fix the compensation of not
                more than four individual consultants, on a temporary or
                intermittent basis, at a daily rate of compensation not in
                excess of the per diem equivalent of the highest gross rate
                of annual compensation which may be paid to employees of a
                standing committee of the Senate. The Secretary of the
                Senate is authorized to appoint and fix the compensation of
                not more than two individual consultants, on a temporary or
                intermittent basis, at a daily rate of compensation not in
                excess of the per diem equivalent of the highest gross rate
                of annual compensation which may be paid to employees of a
                standing committee of the Senate. The Legislative Counsel of
                the Senate (subject to the approval of the President pro
                tempore) is authorized to appoint and fix the compensation
                of not more than two consultants, on a temporary or
                intermittent basis, at a daily rate of compensation not in
                excess of that specified in the first sentence of this
                section. The provisions of section 8344 of title 5 shall not
                apply to any individual serving in a position under this
                authority. Expenditures under this authority shall be paid
                from the contingent fund of the Senate upon vouchers
                approved by the President pro tempore, Majority Leader,
                Minority Leader, Secretary of the Senate, or Legislative
                Counsel of the Senate, as the case may be.
                    (b) The Majority Leader, and the Minority Leader, in
                appointing individuals to consultant positions under
                authority of this section, may appoint one such individual
                to such position at an annual rate of compensation rather
                than at a daily rate of compensation, but such annual rate
                shall not be in excess of the highest gross rate of annual
                compensation which may be paid to employees of a standing
                committee of the Senate. (Pub. L. 95-26, Title I, Sec. 101,
                May 4, 1977, 91 Stat. 82; Oct. 1, 1988, Pub. L. 100-458,
                Sec. 4, 9, 102 Stat. 2161, 2162; Pub. L. 100-458,
                Secs. 4, 9, Oct. 1, 1988, 102 Stat. 2161, 2162; Pub. L.
                101-302, Title III, Sec. 314(a), May 25, 1990, 104 Stat.
                245; Pub. L. 102-90, Sec. 1, Aug. 14, 1991, 105 Stat. 450;
                Pub. L. 104-2, Feb. 9, 1995, 109 Stat. 45.)
        260.4a  Sec. 61h-7. Chief of Staff of the Senate Majority Leader and
                    Chief of Staff of the Senate Minority Leader;
                    appointment; compensation.
                    (a) There is established within the Offices of the
                Majority and Minority Leader the positions of Chief of Staff
                for the Majority Leader and Chief of Staff for the Minority
                Leader, respectively. Individuals appointed to such
                positions by the Majority Leader and Minority Leader,
                respectively, shall receive compensation at a rate fixed by
                the appropriate Leader not to exceed the maximum annual rate
                of gross compensation of the Assistant Secretary of the
                Senate.
                    (b) Gross compensation for employees filling positions
                established by subsection (a) of this section for the fiscal
                year ending September 30, 1987, shall be paid out of any
                funds available in the Senate appropria-

    [[Page 288]]

                tion for such year under the item ``Salaries, Officers and
                Employees''. (Pub. L. 101-163, Title I, Sec. 9, Nov. 21,
                1989, 103 Stat. 1046.)
         260.5  Sec. 61j-2. Compensation and appointment of employees by
                    Majority and Minority Whips of Senate.
                    Effective April 1, 1977, the Majority Whip and the
                Minority Whip are each authorized to appoint and fix the
                compensation of such employees as they deem appropriate:
                Provided, That the gross compensation paid to such employees
                shall not exceed $111,100 each fiscal year for each Whip.
                (May 4, 1977, Pub. L. 95-26, Title I, Sec. 100, 91 Stat.
                80.)
         260.6  Sec. 61k. Appointment and compensation of employees by
                    President pro tempore of Senate.
                    Effective October 1, 1979, the President pro tempore is
                authorized to appoint and fix the compensation of such
                employees as he deems appropriate: Provided, That the gross
                compensation paid to such employees shall not exceed
                $123,000 each fiscal year. (July 25, 1979, Pub. L. 96-38,
                Title I, Sec. 101, 93 Stat. 111.)
         260.7  Sec. 61l. Appointment and compensation of Administrative
                    Assistant, Legislative Assistant, and Executive
                    Secretary for Deputy President pro tempore of Senate.
                    Effective April 1, 1977, the Deputy President pro
                tempore is authorized to appoint and fix the compensation of
                an Administrative Assistant at not to exceed $47,595 per
                annum; a Legislative Assistant at not to exceed $40,080 per
                annum, and an Executive Secretary at not to exceed $23,380
                per annum. (May 4, 1977, Pub. L. 95-26, Title I, Sec. 100,
                91 Stat. 80.)
           261  Sec. 62. Limitation on compensation of Sergeant at Arms and
                    Doorkeeper of Senate.
                    The Sergeant at Arms and Doorkeeper of the Senate shall
                receive, directly or indirectly, no fees or other
                compensation or emolument whatever for performing the duties
                of the office, or in connection therewith, other than the
                salary prescribed by law. (June 20, 1874, ch. 328, Sec. 1,
                18 Stat. 85; Mar. 3, 1875, ch. 129, Sec. 1, 18 Stat. 344.)
           262  Sec. 63. Duties of Senate Doorkeeper.
                    The Doorkeeper of the Senate shall perform the usual
                services pertaining to his office during the session of
                Congress, and shall in the recess, under the direction of
                the Secretary of the Senate, take care of the apartments
                occupied by the Senate. (R.S. Sec. 73.)
           263  Sec. 64. Secretary of Senate a disbursing officer.
                    The moneys which may be appropriated for the
                compensation of Members and officers, and for the contingent
                expenses of the Senate, shall be paid at the Treasury, on
                requisitions drawn by the Secretary of the Senate, and shall
                be kept, disbursed, and accounted for by him according to
                law, and the Secretary shall be deemed a disbursing officer.
                (R.S. Sec. 56.)
         263.1  Sec. 64-1. Employees of Senate Disbursing Office,
                    designation by Secretary of the Senate to administer
                    oaths and affirmations.
                    The Secretary of the Senate is, on and after November 1,
                1973, authorized to designate, in writing, employees of the
                Disbursing Office of the

    [[Page 289]]

                Senate to administer oaths and affirmations, with respect to
                matters relating to that Office, authorized or required by
                law or rules or orders of the Senate (including the oath of
                office required by section 3331 of title 5, United States
                Code). During any period in which he is so designated, any
                such employee may administer such oaths and affirmations.
                (Nov. 1, 1973, Pub. L. 93-145, Sec. 101, 87 Stat. 532.)
         263.2  Sec. 64-2. Transfers of funds by Secretary of Senate;
                    approval of Committee on Appropriations.
                    Hereafter, the Secretary of the Senate is authorized to
                make such transfers between appropriations or funds
                available for disbursement by him for a fiscal year as may
                be approved by a resolution of the Senate (reported by the
                Committee on Appropriations of the Senate), and, to the
                extent necessary, to reimburse, out of funds thereafter made
                available for disbursement by him for such fiscal year, any
                appropriation or fund for any amount so transferred from it.
                (May 4, 1977, Pub. L. 95-26, Title I, Sec. 108, 91 Stat.
                85.)

                                      Note

                    Section 113 of Pub. L. 97-51 provided ``Hereafter, the
                Secretary of the Senate as Disbursing Officer of the Senate
                is authorized to make such transfers between appropriations
                of funds available for disbursement by him for fiscal year
                1982, as he deems appropriate, subject to the customary
                reprogramming procedures of the Committee on Appropriations
                of the Senate.''

                                      Note

                    During any fiscal year (commencing with the fiscal year
                beginning October 1, 1982) the Secretary of the Senate is
                authorized to make such transfers between appropriations of
                funds available for disbursement by him during such year,
                subject to the approval of the Committee on Appropriations
                of the Senate. (Pub. L. 97-276, sec. 101(e), Oct. 2, 1982,
                96 Stat. 1189.)

         263.3  Sec. 64-3. Reimbursement for United States Capitol Police
                    salaries paid by Senate for service at Federal Law
                    Enforcement Training Center.

                    Notwithstanding any other provision of law, the
                Secretary of the Senate is authorized to receive moneys from
                the Department of the Treasury as reimbursements for
                salaries paid by the United States Senate in connection with
                certain officers and members of the United States Capitol
                Police serving as instructors at the Federal Law Enforcement
                Training Center. Moneys so received shall be deposited in
                the Treasury of the United States as miscellaneous receipts.
                (May 4, 1977, Pub. L. 95-26, Title I, Sec. 111, 91 Stat.
                87.)
           264  Sec. 64a. Death, resignation, or disability of Secretary and
                    Assistant Secretary of Senate; Financial Clerk deemed
                    successor as disbursing officer.
                    For any period during which both the Secretary and the
                Assistant Seretary of the Senate are unable (because of
                death, resignation, or disability) to discharge such
                Secretary's duties as disbursing officer of the Senate, the
                Financial Clerk of the Senate shall be deemed to be the
                successor of such Secretary as disbursing officer. (Mar. 3,
                1926, ch. 44, Sec. 1, 44 Stat. 162; Oct. 31, 1969, Pub. L.
                91-105, Sec. 2, 83 Stat. 169; Aug. 18, 1970, Pub. L. 91-382,
                Sec. 101, 84 Stat. 810; June 6, 1972,

    [[Page 290]]

                Pub. L. 92-310, Sec. 220(g), 86 Stat. 204; July 17, 1984,
                Pub. L. 98-367, Sec. 2, 98 Stat. 474.)
           265  Sec. 64b. Same; Assistant Secretary of the Senate to act as
                    Secretary in all matters except those of disbursing
                    officer.
                    In the event of the death, resignation, or disability of
                the Secretary of the Senate, the Assistant Secretary of the
                Senate shall act as Secretary in carrying out the duties and
                responsibilities of that office in all matters until such
                time as a new Secretary shall have been elected and
                qualified or such disability shall have been ended. For
                purposes of this section and section 64a of this title, the
                Secretary of the Senate shall be considered as disabled only
                during such period of time as the Majority and Minority
                Leaders and the President pro tempore of the Senate certify
                jointly to the Senate that the Secretary is unable to
                perform his duties. In the event that the Secretary of the
                Senate is absent or is to be absent for reasons other than
                disability (as provided in this paragraph), and makes a
                written designation that he is or will be so absent, the
                Assistant Secretary shall act during such absence as the
                Secretary in carrying out the duties and responsibilities of
                the office in all matters. The designation may be revoked in
                writing at any time by the Secretary, and is revoked
                whenever the Secretary making the designation dies, resigns,
                or is considered disabled in accordance with this paragraph.
                (Dec. 15, 1971, Pub. L. 92-184, Sec. 401, 85 Stat. 635;
                amended Aug. 13, 1974, Pub. L. 93-371, Sec. 101(1), 88 Stat.
                427; July 17, 1984, Pub. L. 98-367, Sec. 2, 98 Stat. 474.)
           266  Sec. 65a. Insurance of office funds of Secretary of the
                    Senate and Sergeant at Arms; payment of premiums.
                    The Secretary of the Senate and the Sergeant at Arms on
                and after June 27, 1956, are authorized and directed to
                protect the funds of their respective offices by purchasing
                insurance in an amount necessary to protect said funds
                against loss. Premiums on such insurance shall be paid out
                of the contingent fund of the Senate, upon vouchers approved
                by the chairman of the Committee on Rules and
                Administration. (June 27, 1956, ch. 453, 70 Stat. 360.)
           267  Sec. 65b. Advances to Sergeant at Arms of the Senate for
                    extraordinary expenses.
                    The Secretary of the Senate is on and after July 31,
                1958, authorized, in his discretion, to advance to the
                Sergeant at Arms of the Senate such sums as may be
                necessary, not exceeding $4,000, to meet any extraordinary
                expenses of the Senate. (July 31, 1958, Pub. L. 85-570, 72
                Stat. 442; Oct. 1, 1976, Pub. L. 94-440, Sec. 108, 90 Stat.
                1445; May 4, 1977, Pub. L. 95-26, Sec. 104, 91 Stat. 82.)
         267.1  Sec. 65c. Expense Allowance for the Secretary of the Senate,
                    Sergeant at Arms and Doorkeeper of the Senate, and
                    Secretaries for the Majority and for the Minority of the
                    Senate.
                    (a) Notwithstanding any other provision of law, there is
                hereby established an account, within the Senate, to be
                known as the ``Expense Allowance for the Secretary of the
                Senate, Sergeant at Arms and Doorkeeper of the Senate and
                Secretaries for the Majority and for the Minority of the
                Senate'' (hereinafter in this section referred to as the
                ``Expense Allowance''). For each fiscal year (commencing
                with the fiscal year ending September 30, 1981) there shall
                be available for the Expense Allow-

    [[Page 291]]

                ance an expense allotment not to exceed $3,000 for each of
                the above specified officers. Amounts paid from the expense
                allotment of any such officer shall be paid to him only as
                reimbursement for actual expenses incurred by him and upon
                certification and documentation by him of such expenses.
                Amounts paid to any such officer pursuant to this section
                shall not be reported as income and shall not be allowed as
                a deduction under title 26.
                    (b) For the fiscal year ending September 30, 1981, and
                the succeeding fiscal year, the Secretary of the Senate
                shall transfer, for each such year, $8,000 to the Expense
                Allowance from ``Miscellaneous Items'' in the contingent
                fund of the Senate. For the fiscal year ending September 30,
                1983, and for each fiscal year thereafter, there are
                authorized to be appropriated to the Expense Allowance such
                funds as may be necessary to carry out the provisions of
                subsection (a) of this section. (Pub. L. 97-51, sec. 119,
                Oct. 1, 1981, 95 Stat. 964; amended Pub. L. 98-63, July 29,
                1983, 97 Stat. 334.)
         267.2  Sec. 65d. Office Expenses of the Sergeant at Arms and
                    Doorkeeper of the Senate: Advancement of Funds;
                    Effective Date.
                    From funds available for any fiscal year (commencing
                with the fiscal year ending September 30, 1984), the
                Secretary of the Senate shall advance to the Sergeant at
                Arms and Doorkeeper of the Senate for the purpose of
                defraying office expenses such sums (for which the Sergeant
                at Arms and Doorkeeper shall be accountable) not in excess
                of $1,000 at any one time, as such Sergeant at Arms shall
                from time to time request; except that the aggregate of the
                sums so advanced during the fiscal year shall not exceed
                $10,000.
                    In accordance with the provisions of this section, a
                detailed voucher shall be submitted to the Secretary of the
                Senate by such Sergeant at Arms whenever necessary, in order
                to replenish funds expended. (Pub. L. 98-51, sec. 104, July
                14, 1983, 97 Stat. 266.)
         267.3  Sec. 65f. Funds for Secretary of the Senate to assist in
                    proper discharge within United States of
                    responsibilities to foreign parliamentary groups or
                    other foreign officials.
                    (a) Hereafter the Secretary of the Senate is authorized
                to use any available funds (but not in excess of $50,000 for
                any fiscal year), out of the appropriation account (within
                the Contingent Fund of the Senate) for the Secretary of the
                Senate, to assist him in the proper discharge, within the
                United States, of his appropriate responsibilities to
                members of foreign parliamentary groups or other foreign
                officials.
                    (b) The provisions of subsection (a) shall be effective
                in the case of expenditures for fiscal years ending after
                September 30, 1986. (July 11, 1987, Pub. L. 100-71, Sec. 2,
                Title I, 101 Stat. 423; Pub. L. 102-90, Sec. 4, Aug. 14,
                1991, 105 Stat. 450.)
           268  Sec. 66a. Restriction on payment of dual compensation by
                    Secretary of the Senate.
                    Unless otherwise specifically authorized by law, no part
                of any appropriation disbursed by the Secretary of the
                Senate shall be available for payment of compensation to any
                person holding any position, for any period for which such
                person received compensation for holding any other position,
                the compensation for which is disbursed by the Secretary of
                the Senate. (June 27, 1956, ch. 453, 70 Stat. 360.)

    [[Page 292]]

                                Cross Reference

                    See section 5533(c) of title 5, United States Code
                (Senate Manual section 433.3).
           269  Sec. 67. Clerks to Senators-elect.
                    A Senator entitled to receive his own salary may appoint
                the usual clerical assistants allowed Senators. (June 19,
                1934, ch. 648, Sec. 1, 48 Stat. 1022.)
           270  Sec. 68. Payments from contingent fund of Senate.
                    No payment shall be made from the contingent fund of the
                Senate unless sanctioned by the Committee on Rules and
                Administration of the Senate. Payments made upon vouchers or
                abstracts of disbursements of salaries approved by said
                Committee shall be deemed, held, and taken, and are declared
                to be conclusive upon all the departments and officers of
                the Government: Provided, That no payment shall be made from
                said contingent fund as additional salary or compensation to
                any officer or employee of the Senate. (Oct. 2, 1888, ch.
                1069, 25 Stat. 546; Aug. 2, 1946, ch. 753, Sec. 102, 60
                Stat. 814; amended Dec. 27, 1974, Pub. L. 93-554, Ch. III,
                Sec. 101, 88 Stat. 1776.)
         270.1  Sec. 68-1. Same; designation of Committee employees to
                    approve vouchers on behalf of Committee.
                    The Committee on Rules and Administration may authorize
                its chairman to designate any employee or employees of such
                Committee to approve in his behalf, all vouchers making
                payments from the contingent fund of the Senate, such
                approval to be deemed and held to be approval by the
                Committee on Rules and Administration for all intents and
                purposes. (Nov. 1, 1973, Pub. L. 93-145, Sec. 101, 87 Stat.
                529; Oct. 1, 1981, Pub. L. 97-51, 95 Stat. 965; Oct 12,
                1984, Pub. L. 98-473, Sec. 123A(c), 98 Stat. 1970.)
         270.2  Sec. 68-2. Appropriations for contingent expenses of Senate;
                    restriction.
                    Appropriations made for contingent expenses of the
                Senate shall not be used for the payment of personal
                services except upon the express and specific authorization
                of the Senate in whose behalf such services are rendered.
                Nor shall such appropriations be used for any expenses not
                intimately and directly connected with the routine
                legislative business of the Senate, and the General
                Accounting Office shall apply the provisions of this section
                in the settlement of the accounts of expenditures from said
                appropriations incurred for services or materials. (Feb. 14,
                1902, c. 17, Sec. 1, 32 Stat. 26; June 10, 1921, c. 18,
                Title III, Sec. 304, 42 Stat. 24.)
         270.3  Sec. 68-3. Same; establishment of separate accounts for the
                    Secretary of the Senate and the Sergeant at Arms and
                    Doorkeeper of the Senate: Effective Date.
                    (a) Effective October 1, 1983--
                                (1) there shall be, within the contingent
                            fund of the Senate, a separate account for the
                            ``Secretary of the Senate'', and a separate
                            account for the ``Sergeant at Arms and
                            Doorkeeper of the Senate'';
                                (2) the account for ``Automobiles and
                            Maintenance'', within the contingent fund of the
                            Senate, is abolished, and funds for the
                            purchase, lease, exchange, maintenance, and
                            operation of vehicles for

    [[Page 293]]

                            the Senate shall be included in the separate
                            account, established by paragraph (1), for the
                            ``Sergeant at Arms and Doorkeeper of the
                            Senate''; and
                                (3) the account for ``Postage Stamps'',
                            within the contingent fund of the Senate, is
                            abolished; and funds for special delivery
                            postage of the Office of the Secretary of the
                            Senate shall be included in the separate
                            account, established by paragraph (1) for the
                            ``Secretary of the Senate''; funds for special
                            delivery postage of the Sergeant at Arms and
                            Doorkeeper of the Senate shall be included in
                            the separate account, established by paragraph
                            (1), for the ``Sergeant at Arms and Doorkeeper
                            of the Senate''; and postage stamps for the
                            Secretaries for the majority and the minority
                            and other offices and officers of the Senate, as
                            authorized by law, shall be included in the
                            account for ``Miscellaneous Items'', within the
                            contingent fund of the Senate.
                    (b) Any provision of law which was enacted, or any
                Senate resolution which was agreed to, prior to October 1,
                1983, and which authorizes moneys in the contingent fund of
                the Senate to be expended by or for the use of the Secretary
                of the Senate, or his office (whether generally or from a
                specified account within such fund) may on and after October
                1, 1983, be construed to authorize such moneys to be
                expended from the separate account, within such fund,
                established by subsection (a)(1) for the ``Secretary of the
                Senate''; and any provision of law which was enacted prior
                to October 1, 1983, and which authorizes moneys in the
                contingent fund of the Senate to be expended by or for the
                use of the Sergeant at Arms and Doorkeeper of the Senate, or
                his office (whether generally or from a specified account
                within such fund) may on and after October 1, 1983, be
                construed to authorize such moneys to be expended from the
                separate account, within such fund, established by
                subsection (a)(1) for the ``Sergeant at Arms and Doorkeeper
                of the Senate''. (July 14, 1983, Pub. L. 98-51, sec. 103, 97
                Stat. 266.)

                                      Note

                    Section 1201 of Public Law 98-181 provided the
                following:
                    Sec. 1201. The Sergeant at Arms and Doorkeeper of the
                Senate (hereinafter in this section referred to as the
                ``Sergeant at Arms'') may designate one or more employees in
                the Office of the Sergeant at Arms and Doorkeeper of the
                Senate to approve, on his behalf, all vouchers, for payment
                of moneys, which the Sergeant at Arms is authorized to
                approve. Whenever the Sergeant at Arms makes a designation
                under the authority of the preceding sentence, he shall
                immediately notify the Committee on Rules and Adminstration
                in writing of the designation, and thereafter any approval
                of any voucher, for payment of moneys, by an employee so
                designated shall (until such designation is revoked and the
                Sergeant at Arms notifies the Committee on Rules and
                Adminstration in writing of the revocation) be deemed and
                held to be approved by the Sergeant at Arms for all intents
                and purposes.
                    Sec. 1202. Any provision of law which is enacted prior
                to October 1, 1983, and which directs the Sergeant at Arms
                and Doorkeeper of the Senate to deposit any moneys in the
                United States Treasury for credit to the account, within the
                contingent fund of the Senate, for ``Miscellaneous Items'',
                or for ``Automobiles and Maintenance'' shall on and after
                October 1, 1983, be deemed to direct him to deposit such
                moneys in the United States Treasury for credit to the
                account, within the contingent fund of the Senate, for the
                ``Sergeant at Arms and Doorkeeper of the Senate''.

    [[Page 294]]

         270.4  Sec. 68-5. Purchase, lease, exchange, maintenance, and
                    operation of vehicles out of account for Sergeant at
                    Arms and Doorkeeper of the Senate within contingent fund
                    of Senate; authorization of appropriations.
                    For each fiscal year (commencing with the fiscal year
                ending September 30, 1985) there is authorized to be
                appropriated to the account, within the contingent fund of
                the Senate, for the Sergeant at Arms and Doorkeeper of the
                Senate, such funds (which shall be in addition to funds
                authorized to be so appropriated for other purposes) as may
                be necessary for the purchase, lease, exchange, maintenance,
                and operation of vehicles as follows: one for the Vice
                President, one for the President pro tempore of the Senate,
                one for the Majority Leader of the Senate, one for the
                Minority Leader of the Senate, one for Majority Whip of the
                Senate, one for the Minority Whip of the Senate, one for the
                attending physician, one as authorized by Senate Resolution
                90 of the 100th Congress, such number as is needed for
                carrying mails, and for official use of the offices of the
                Secretary of the Senate, the Sergeant at Arms and Doorkeeper
                of the Senate, the Secretary for the Majority, and the
                Secretary for the Minority, and such additional number as is
                otherwise specifically authorized by law. (Aug. 15, 1985,
                Pub. L. 99-88, Title I, Sec. 192, 99 Stat. 349; Dec. 22,
                1987, Pub. L. 100-202, Sec. 3(a), 101 Stat. 1329-294.)
         270.5  Sec. 68-6. Transfers from appropriations accounts for
                    expenses of the Office of the Secretary of the Senate
                    and Office of the Sergeant at Arms and Doorkeeper of the
                    Senate.
                    (a) The Secretary of the Senate is authorized, with the
                approval of the Senate Committee on Appropriations, to
                transfer, during any fiscal year (1) from the appropriations
                account, within the contingent fund of the Senate, for
                expenses of the Office of the Secretary of the Senate, such
                sums as he shall specify to the Senate appropriations
                account, appropriated under the headings ``Salaries,
                Officers and Employees'' and ``Office of the Secretary'' and
                (2) from the Senate appropriations account, appropriated
                under the headings, ``Salaries, Officers and Employees'' and
                ``Office of the Secretary'' to the appropriations account,
                within the contingent fund of the Senate, for expenses of
                the Office of the Secretary of the Senate, such sums as he
                shall specify; and any funds so transferred shall be
                available in like manner and for the same purposes as are
                other funds in the account to which the funds are
                transferred.
                    (b) The Sergeant at Arms and Doorkeeper of the Senate is
                authorized, with the approval of the Senate Committee on
                Appropriations, to transfer, during any fiscal year, from
                the appropriations account, within the contingent fund of
                the Senate, for expenses of the Office of the Sergeant at
                Arms and Doorkeeper of the Senate, such sums as he shall
                specify to the appropriations account, appropriated under
                the headings ``Salaries, Officers and Employees'' and
                ``Office of the Sergeant at Arms and Doorkeeper''; and any
                funds so transferred shall be available in like manner and
                for the same purposes as are other funds in the account to
                which the funds are transferred. (Dec. 22, 1987, Pub. L.
                100-202, Sec. 101(i) [Title I, Sec. 8], 101 Stat. 1329-295;
                Pub. L. 100-458, Title I, Sec. 3, Oct. 1, 1988, 102 Stat.
                2161, amended Pub. L. 101-302, Title II, Sec. 317, May 25,
                1990, 104 Stat. 247.)

    [[Page 295]]

                         Historical and Statutory Notes

                    1990 Amendment. Subsec. (a). Pub. L. 101-302 inserted
                reference to the transfer of sums from the Senate
                appropriations account, appropriated under the headings
                ``Salaries, Officers and Employees'' and ``Office of the
                Secretary'' to the appropriations account, within the
                contingent fund of the Senate, for expenses of the Office of
                the Secretary of the Senate.
                    Similar Provisions. Similar provisions were contained in
                the following prior appropriations Acts: Pub. L. 100-202,
                Sec. 101(i) [Title I, Sec. 8], Dec. 22, 1987, 101 Stat.
                1329-295.
         270.6  Sec. 68-6a. Transfer of funds by Sergeant at Arms and
                    Doorkeeper of Senate appropriations account within
                    contingent fund of Senate for Official expenses and
                    other purposes available under appropriations account.
                    The Sergeant at Arms of the Senate is authorized, with
                the approval of the Senate Committee on Appropriations, to
                transfer, during any fiscal year, from the appropriations
                account, appropriated under the headings ``Salaries,
                Officers and Employees'' and ``Office of the Sergeant at
                Arms and Doorkeeper'' such sums as he shall specify to the
                appropriations account, within the contingent fund of the
                Senate, for expenses of the Office of the Sergeant at Arms
                and Doorkeeper of the Senate; and any funds so transferred
                shall be available in like manner and for the same purposes
                as are other funds in the account to which the funds are
                transferred. (Pub. L. 101-520, Title I, Sec. 5, Nov. 5,
                1990, 104 Stat. 2258.)
         270.7  Sec. 68-7. Senate Office of Public Records Revolving Fund.
                (a) Establishment.
                    There is established in the Treasury of the United
                States a revolving fund within the contingent fund of the
                Senate to be known as the ``Senate Office of Public Records
                Revolving Fund'' (hereafter in this section referred to as
                the ``revolving fund'').
                (b) Source of moneys for deposit in Fund; availability of
                    moneys in Fund.
                    All moneys received on and after October 1, 1989, by the
                Senate Office of Public Records from fees and other charges
                for services shall be deposited to the credit of the
                revolving fund. Moneys in the revolving fund shall be
                available without fiscal year limitation for disbursement by
                the Secretary of the Senate for use in connection with the
                operation of the Senate Office of Public Records including
                supplies, equipment, and other expenses.
                (c) Vouchers.
                    Disbursements from the revolving fund shall be made upon
                vouchers approved by the Secretary of the Senate.
                (d) Regulations.
                    The Secretary of the Senate is authorized to prescribe
                such regulations as may be necessary to carry out the
                provisions of this section.
                (e) Transfer of moneys into Fund.
                    To provide capital for the revolving fund, the Secretary
                of the Senate is authorized to transfer, from moneys
                appropriated for fiscal year 1990 to the account,
                ``Miscellaneous Items'' in the contingent fund of the

    [[Page 296]]

                Senate, to the revolving fund such sum as he may determine
                necessary, not to exceed $30,000. (Pub. L. 101-163, Title I,
                Sec. 13, Nov. 21, 1989, 103 Stat. 1047.)
           271  Sec. 68a. Same; materials, supplies and fuel.
                    Payments from the contingent fund of the Senate for
                materials and supplies (including fuel) hereafter purchased
                through the Administrator of General Services shall be made
                by check upon vouchers approved by the Committee on Rules
                and Administration of the Senate. (July 8, 1935, ch. 374,
                Sec. 1, 49 Stat. 463; Aug. 2, 1946, ch. 753, Sec. 102, 60
                Stat. 814; June 30, 1949, ch. 288, Sec. 102, 63 Stat. 380.)
           272  Sec. 68b. Same; per diem and subsistence expenses.\1\
                    No part of the appropriations made under the heading
                ``Contingent expenses of the Senate'' hereafter may be
                expended for per diem and subsistence expenses (as defined
                in the Travel Expense Act of 1949, as amended) at rates in
                excess of the rates prescribed by the Committee on Rules and
                Administration; except that (1) higher rates may be
                established by the Committee on Rules and Administration for
                travel beyond the limits of the continental United States,
                and (2) in accordance with regulations prescribed by the
                Committee on Rules and Administration of the Senate,
                reimbursement for such expenses may be made on an actual
                expense basis of not to exceed the daily rate prescribed by
                the Committee on Rules and Administration in the case of
                travel within the continental limits of the United States.
                This paragraph shall not apply with respect to per diem or
                actual travel expenses incurred by Senators and employees in
                the office of a Senator which are reimbursed under section
                506 of the Supplemental Appropriations Act, 1973 (2 U.S.C.
                58). (June 27, 1956, ch. 453, 70 Stat. 360; Aug. 14, 1961,
                Pub. L. 87-139, Sec. 7, 75 Stat. 340; Nov. 10, 1969, Pub. L.
                91-114, Sec. 3, 83 Stat. 190; May 19, 1975, Pub. L. 94-22,
                Sec. 8, 89 Stat. 86; Aug. 5, 1977, Pub. L. 95-94, Title I,
                Sec. 112(e), 91 Stat. 664; Sept. 8, 1978, Pub. L. 95-355,
                Title I, Sec. 103, 92 Stat. 533; July 8, 1980, Pub. L. 96-
                304, Title I, Sec. 102(b), 94 Stat. 889.)
                    \1\Pursuant to the authority granted by section 68b the
                    Committee on Rules and Administration issues ``United
                    States Senate Travel Regulations.'' Copies of the
                    regulations currently in effect may be obtained from the
                    Committee.
           273  Sec. 68c. Same; computation of compensation for stenographic
                    assistance of committees.
                    Compensation for stenographic assistance of committees
                paid out of the items under ``Contingent Expenses of the
                Senate'' hereafter shall be computed at such rates\2\ and in
                accordance with such regulations as may be prescribed by the
                Committee on Rules and Administration, notwithstanding, and
                without regard to any other provision of law. (June 27,
                1956, ch. 453, 70 Stat. 360.)
                    \2\Pursuant to the authority granted by section 68c the
                    Committee on Rules and Administration issues
                    ``Regulations Governing Rates Payable to Commercial
                    Reporting Firms for Reporting Committee Hearings in the
                    Senate.'' Copies of the regulations currently in effect
                    may be obtained from the Committee.
           274  Sec. 69. Same; for expenses of committees.
                    When any duty is imposed upon a committee involving
                expenses that are ordered to be paid out of the contingent
                fund of the Senate, upon vouchers to be approved by the
                chairman of the committee charged

    [[Page 297]]

                with such duty, the receipt of such chairman for any sum
                advanced to him or his order out of said contingent fund by
                the Secretary of the Senate for committee expenses not
                involving personal services shall be taken and passed by the
                accounting officers of the Government as a full and
                sufficient voucher; but it shall be the duty of such
                chairman, as soon as practicable, to furnish to the
                Secretary of the Senate vouchers in detail for the expenses
                so incurred. (June 22, 1949, ch. 235, Sec. 101, 63 Stat.
                218.)

                                 Cross Reference

                    Payments from contingent fund of Senate not to be made
                unless sanctioned, the vouchers of which are declared
                conclusive upon all departments of Government, see section
                68 of this title (Senate Manual section 270).
         274.5  Sec. 69a. Orientation seminars.
                    Effective July 1, 1979, there is authorized an expense
                allowance for the Office of the Secretary of the Senate and
                the Office of Sergeant at Arms and Doorkeeper of the Senate
                which shall not exceed $10,000 each fiscal year for each
                such office. Payments made under this section shall be
                reimbursements only for actual expenses (including meals and
                food-related expenses) incurred in the course of conducting
                orientation seminars for Senators, Senate officials, or
                members of the staffs of Senators or Senate officials, and
                other similar meetings, in the Capitol Building or the
                Senate Office Buildings. Such payments shall be made upon
                certification and documentation of such expenses by the
                Secretary and Sergeant at Arms, respectively, and shall be
                made out of the contingent fund of the Senate upon vouchers
                signed by the Secretary and the Sergeant at Arms,
                respectively. Amounts received as reimbursement of such
                expenses shall not be reported as income, and the expenses
                so reimbursed shall not be allowed as a deduction, under the
                Internal Revenue Code of 1954. (July 25, 1979, Pub. L. 96-
                38, Title I, Sec. 107(a), 93 Stat. 112; Aug. 15, 1985, Pub.
                L. 99-88, Sec. 193, 99 Stat. 349; Dec. 22, 1987, Pub. L.
                100-202, Sec. 6, 101 Stat. 1329-294; Pub. L. 102-392, Title
                I, Sec. 3, Oct. 6, 1992, 106 Stat. 1706.)
           275  Sec. 72a. Committee staffs--
                (a) Appointment of professional members; number;
                    qualifications; termination of employment.
                    (Made inapplicable by sec. 2 of S. Res. 274, 96th
                Congress.)

                (b) Professional members for Committee on Appropriations;
                    examinations of executive agencies' operations.
                    (Made inapplicable with respect to the Senate by sec. 2
                of S. Res. 274, 96th Congress.)

                (c) Clerical employees; appointment; number; duties;
                    termination of employment.
                    (Made inapplicable by sec. 2 of S. Res. 274, 96th
                Congress.)

                (d) Recordation of committee hearings, data, etc.; access to
                    records.
                    (Made inapplicable by sec. 2 of S. Res. 274, 96th
                Congress. For rule on same, see Senate Manual section
                26.10a.)

    [[Page 298]]

                (e) Repealed.

                (f) Limitations on appointment of professional members.
                    (Made inapplicable with respect to the Senate by sec. 2
                of S. Res. 274, 96th Congress. For rule on same, see Senate
                Manual section 27.4.)

                (g) Appointments when no vacancy exists; payment from
                    contingent fund of the Senate.
                    (Made inapplicable by sec. 2 of S. Res. 274, 96th
                Congress.)

                (h) Salary rates, assignments of facilities and
                    accessibility of committee records for minority staff
                    appointees.
                    (Made inapplicable by sec. 2 of S. Res. 274, 96th
                Congress. For rule on same, see Senate Manual section 27.1.)
         275.9  (i) Consultants for Senate and House standing committees;
                    procurement of temporary or intermittent services;
                    contracts; advertisement requirements inapplicable;
                    selection method; qualifications report to congressional
                    committees.
                    (1) Each standing committee of the Senate or House of
                Representatives is authorized, with the approval of the
                Committee on Rules and Administration in the case of
                standing committees of the Senate, or the Committee on House
                Administration in the case of standing committees of the
                House of Representatives, within the limits of funds made
                available from the contingent funds of the respective Houses
                pursuant to resolutions, which shall specify the maximum
                amounts which may be used for such purpose, approved by such
                respective Houses, to procure the temporary services (not in
                excess of one year) or intermittent services of individual
                consultants, or organizations thereof, to make studies or
                advise the committee with respect to any matter within its
                jurisdiction or with respect to the administration of the
                affairs of the committee.
                    (2) Such services in the case of individuals or
                organizations may be procured by contract as independent
                contractors, or in the case of individuals by employment at
                daily rates of compensation not in excess of the per diem
                equivalent of the highest gross rate of compensation which
                may be paid to a regular employee of the committee. Such
                contracts shall not be subject to the provisions of section
                5 of title 41 or any other provision of law requiring
                advertising.
                    (3) With respect to the standing committees of the
                Senate, any such consultant or organization shall be
                selected by the chairman and ranking minority member of the
                committee, acting jointly. With respect to the standing
                committees of the House of Representatives, the standing
                committee concerned shall select any such consultant or
                organization. The committee shall submit to the Committee on
                Rules and Administration in the case of standing committees
                of the Senate, and the Committee on House Administration in
                the case of standing committees of the House of
                Representatives, information bearing on the qualifications
                of each consultant whose services are procured pursuant to
                this subsection, including organizations, and such
                information shall be retained by that committee and shall be
                made available for public inspection upon request.

    [[Page 299]]

        275.10  (j) Specialized training for professional staffs of Senate
                    and House standing committees, Senate Appropriations
                    Committee, Senate Majority and Minority Policy
                    Committees, and joint committees whose funding is
                    disbursed by the Secretary of the Senate or the Clerk
                    of the House; assistance: pay, tuition, etc. while
                    training; continued employment agreement; service
                    credit; retirement, life insurance and health insurance.

                    (1) Each standing committee of the Senate or House of
                Representatives is authorized, with the approval of the
                Committee on Rules and Administration in the case of
                standing committees of the Senate, and the Committee on
                House Administration in the case of standing committees of
                the House of Representatives, and within the limits of funds
                made available from the contingent funds of the respective
                Houses pursuant to resolutions, which shall specify the
                maximum amounts which may be used for such purpose, approved
                by such respective Houses, to provide assistance for members
                of its professional staff in obtaining specialized training,
                whenever that committee determines that such training will
                aid the committee in the discharge of its responsibilities.
                Any joint committee of the Congress whose expenses are paid
                out of funds disbursed by the Secretary of the Senate or by
                the Clerk of the House, the Committee on Appropriations of
                the Senate, and the Majority Policy Committee and Minority
                Policy Committee of the Senate are each authorized to
                expend, for the purpose of providing assistance in
                accordance with paragraphs (2), (3), and (4) of this
                subsection for members of its staff in obtaining such
                training, any part of amounts appropriated to that
                committee.
                    (2) Such assistance may be in the form of continuance of
                pay during periods of training or grants of funds to pay
                tuition, fees, or such other expenses of training, or both,
                as may be approved by the Committee on Rules and
                Administration or the Committee on House Administration, as
                the case may be.
                    (3) A committee providing assistance under this
                subsection shall obtain from any employee receiving such
                assistance such agreement with respect to continued
                employment with the committee as the committee may deem
                necessary to assure that it will receive the benefits of
                such employee's services upon completion of his training.
                    (4) During any period for which an employee is separated
                from employment with a committee for the purpose of
                undergoing training under this subsection, such employee
                shall be considered to have performed service (in a nonpay
                status) as an employee of the committee at the rate of
                compensation received immediately prior to commencing such
                training (including any increases in compensation provided
                by law during the period of training) for the purposes of--
                                (A) subchapter III (relating to civil
                            service retirement) of chapter 83 of title 5,
                                (B) chapter 87 (relating to Federal
                            employees group life insurance) of title 5, and
                                (C) chapter 89 (relating to Federal
                            employees group health insurance) of title 5.
                            (Aug. 2, 1946, ch. 753, Sec. 202, 60 Stat. 834;
                            July 30, 1947, ch. 361, Sec. 101, 61 Stat. 611;
                            Feb. 24, 1949, ch. 8, 63 Stat. 6; Aug. 5, 1955,
                            ch. 568, Sec. 12, 69 Stat. 509; June 20, 1958,
                            Pub. L. 85-462, Sec. 4(o), 72 Stat. 209; Oct.
                            26, 1970, Pub. L. 91-

    [[Page 300]]

                            510, Secs. 301, 303-304, 84 Stat. 1175; Oct.
                            11, 1971, Pub. L. 92-136, Sec. 5, 85 Stat. 378;
                            Oct. 1, 1988, Pub. L. 100-458, Sec. 312, 102
                            Stat. 2184.)

           276                            Note

                    Section 115 of Pub. L. 97-51 reenacted section 105 of
                the Legislative Branch Appropriations Act, 1979, with two
                amendments. Section 2 of Pub. L. 99-492 and Section 1 of
                Pub. L. 100-18 further amended the section. The section as
                amended and reenacted reads as follows:
                    Sec. 105. (a) For the period beginning on October 1,
                1981, and ending on June 5, 1987, there is established
                within the Office of the Secretary of the Senate an office
                to be known as the ``Office of Classified National Security
                Information'' (hereafter in this section referred to as the
                ``Office'').\1\ The Office shall be under the policy
                direction of the Majority Leader, the Minority Leader, and
                the chairman of the Committee on Rules and Administration of
                the Senate, and shall be under the administrative direction
                and supervision of the Secretary of the Senate. The Office
                shall have the responsibility for safeguarding such
                restricted data and such other classified information as any
                committee of the Senate may from time to time assign to it.
                    \1\See Senate Manual section 79.31 for subsequent
                    establishment of the Office of Senate Security.
                    (b) The Office shall have authority--
                            (1) upon application of any committee of the
                        Senate, to perform the administrative functions
                        necessary to classify and declassify information
                        relating to the national security considerations of
                        nuclear technology in accordance with guidelines
                        developed for restricted data by the responsible
                        executive agencies;
                            (2) to provide appropriate facilities for
                        hearings of committees of the Senate at which
                        restricted data or other classified information is
                        to be presented or discussed; and
                            (3) to establish and operate a central
                        repository in the United States Capitol for the
                        safeguarding of restricted data and other classified
                        information for which such Office is responsible.
                    (c) All records, documents, and data in the custody of
                the Office of Classified National Security Information
                established by section 2 of Senate Resolution Numbered 252,
                Ninety-fifth Congress, are transferred to the Office
                established by subsection (a).
                    (d) As an exercise of the rulemaking power of the
                Senate, section 2 of Senate Resolution Numbered 252, Ninety-
                fifth Congress, is repealed effective October 1, 1978.
                    (e) All records, documents, and data in the Office for
                which funds were made available under Senate Resolution
                Numbered 570, Ninety-sixth Congress, are transferred to the
                Office established by subsection (a). (Oct. 1, 1981, Pub. L.
                97-51, Sec. 115, 95 Stat. 963; Oct. 16, 1986, Pub. L. 99-
                492, Sec. 2, 100 Stat. 1240; Apr. 3, 1987, Pub. L. 100-18,
                Sec. 1, 101 Stat. 262.)
           277  Sec. 72a-1e. Assistance to Senators with committee
                    memberships by employees in office of Senator.
                    (1) A Senator may designate employees in his office to
                assist him in connection with his membership on committees
                of the Senate. An employee may be designated with respect to
                only one committee.
                    (2) An employee designated by a Senator under this
                section shall be certified by him to the chairman and
                ranking minority member of the committee with respect to
                which such designation is made. Such employee shall be
                accorded all privileges of a professional staff member
                (whether permanent or investigatory) of such committee
                including access to all committee sessions and files, except
                that any such committee may restrict access to its sessions
                to one staff member per Senator at a time and require, if
                classified material is being handled or discussed, that any
                staff member possess the appropriate security clearance
                before being allowed access to such material or to
                discussion of it. Nothing

    [[Page 301]]

                contained in this paragraph shall be construed to prohibit a
                committee from adopting policies and practices with respect
                to the application of this subsection which are similar to
                the policies and practices adopted with respect to the
                application of section 705(c)(1) of Senate Resolution 4,
                95th Congress, and section 106(c)(1) of the Supplemental
                Appropriations Act, 1977.
                    (3) A Senator shall notify the chairman and ranking
                minority member of a committee whenever a designation of an
                employee under this section with respect to such committee
                is terminated. (Pub. L. 95-94, Title I, Sec. 111(c), Aug. 5,
                1977, 91 Stat. 662.)
                Sec. 72a-1g. Referral of ethics violations by the Senate
                    Ethics Committee to the General Accounting Office for
                    investigation.
                    If the Committee on Ethics of the Senate determines that
                there is a reasonable basis to believe that a Member,
                officer, or employee of the Senate may have committed an
                ethics violation, the committee may request the Office of
                Special Investigations of the General Accounting Office to
                conduct factfinding and an investigation into the matter.
                The Office of Special Investigations shall promptly
                investigate the matter as directed by the committee. (Pub.
                L. 101-194, Title V, Sec. 501, Nov. 30, 1989, 103 Stat.
                1753.)
           280  Sec. 74b. Employment of additional administrative
                    assistants.
                    The Secretary of the Senate and the Clerk of the House
                are authorized to employ such administrative assistants as
                may be necessary in order to carry out the provisions of
                sections 60a, 72a, 74a, 88a, and 261-270 of this title and
                section 905 of title 44 under their respective
                jurisdictions. (Aug. 2, 1946, ch. 753, Sec. 244, 60 Stat.
                839.)
           281  Sec. 88a. Education of Congressional and Supreme Court
                    pages; appropriations; attendance at private or
                    parochial schools.
                    (a) The Secretary of the Senate and the Clerk of the
                House of Representatives, acting jointly, are authorized and
                directed to enter into an arrangement with the Board of
                Education of the District of Columbia for the education of
                Congressional pages and pages of the Supreme Court in the
                public school system of the District. Such arrangement shall
                include provision for reimbursement to the District of
                Columbia for any additional expenses incurred by the public
                school system of the District in carrying out such
                arrangement.
                    (b) There are authorized to be appropriated such sums as
                may be necessary to reimburse the District of Columbia in
                accordance with the arrangement referred to in subsection
                (a) of this section.
                    (c) Notwithstanding the provisions of subsections (a)
                and (b) of this section, said page or pages may elect to
                attend a private or parochial school of their own choice:
                Provided, however, That such private or parochial school
                shall be reimbursed by the Senate and House of
                Representatives only in the same amount as would be paid if
                the page or pages were attending a public school under the
                provisions of subsections (a) and (b) of this section. (Aug.
                2, 1946, ch. 753, Sec. 243, 60 Stat. 839.)
           282  Sec. 88b. Same; other minors who are congressional
                    employees.
                    The facilities provided for the education of
                Congressional and Supreme Court pages shall be available
                from and after January 2, 1947, also for the education of
                such other minors who are congressional employees

    [[Page 302]]

                as may be certified by the Secretary of the Senate and the
                Clerk of the House of Representatives to receive such
                education. (Mar. 22, 1947, ch. 20, Sec. 101, 61 Stat. 16;
                July 17, 1984, Pub. L. 98-367, Sec. 103, 98 Stat. 479.)
           283  Sec. 88b-1. Congressional pages--Appointment conditions.
                    (a) A person shall not be appointed as a page of the
                Senate or House of Representatives--
                                (1) unless he agrees that, in the absence of
                            unforseen circumstances preventing his service
                            as a page after his appointment, he will
                            continue to serve as a page for a period of not
                            less than two months; and
                                (2) until complete information in writing is
                            transmitted to his parent or parents, his legal
                            guardian, or other appropriate person or persons
                            acting as his parent or parents, with respect to
                            the nature of the work of pages, their pay,
                            their working conditions (including hours and
                            scheduling of work), and the housing
                            accommodations available to pages.
                    (b) A person shall not serve as a page--
                                (1) of the Senate before he has attained the
                            age of fourteen years; or
                                (2) of the House of Representatives before
                            he has attained the age of sixteen years; or

                (except in the case of a chief page, telephone page, or
                riding page) during any session of the Congress which begins
                after he has attained the age of eighteen years.

                    (c) Repealed.
                    (d) Repealed.

                (Oct. 26, 1970, Pub. L. 91-510, Sec. 491, 84 Stat. 1198;
                Oct. 1, 1981, Pub. L. 97-51, Sec. 123, 95 Stat. 965.)

           284  Sec. 88-7. Daniel Webster Senate Page Residence Revolving
                    Fund
                (a) Establishment
                    There is established in the Treasury of the United
                States a revolving fund within the contingent fund of the
                Senate to be known as the Daniel Webster Senate Page
                Residence Revolving Fund (hereafter referred to in this
                section as the ``fund''). The fund shall consist of all
                rental payments and other moneys collected or received by
                the Sergeant at Arms with regard to the Daniel Webster
                Senate Page Residence. All moneys in the fund shall be
                available without fiscal year limitation for disbursement by
                the Secretary of the Senate in connection with operation and
                maintenance of the Daniel Webster Senate Page Residence not
                normally performed by the Architect of the Capitol. In
                addition, such moneys may be used by the Sergeant at Arms to
                purchase food and food related items and fund activities for
                the pages.
                (b) Deposit of moneys
                    All moneys received from rental payments and other
                moneys collected or received by the Sergeant at Arms with
                regard to the Daniel Webster Senate Page Residence shall be
                deposited in the fund and shall be available for purposes of
                this section.

    [[Page 303]]

                (c) Vouchers
                    Disbursements from the fund shall be made upon vouchers
                approved by the Sergeant at Arms, or the designee of the
                Sergeant at Arms.
                (d) Regulations
                    The Sergeant at Arms is authorized to prescribe such
                regulations as may be necessary to carry out the provisions
                of this section and to provide for the operations of the
                Daniel Webster Senate Page Residence. (July 22, 1994, Pub.
                L. 103-283, title I, Sec. 4, 108 Stat. 1427.)

           285  Sec. 101. Subletting duties of employees of Senate or House
                    of Representatives.
                    No employee of Congress, either in the Senate or House,
                shall sublet to, or hire, another to do or perform any part
                of the duties or work attached to the position to which he
                was appointed. (Mar. 2, 1895, ch. 177, Sec. 1, 28 Stat.
                771.)

           287  Sec. 102a. Withdrawal of unexpended balances of
                    appropriations.
                    Notwithstanding the provisions of any other law, the
                unexpended balances of appropriations for the fiscal year
                1955 and succeeding fiscal years which are subject to
                disbursement by the Secretary of the Senate or the Clerk of
                the House of Representatives shall be withdrawn as of June
                30 of the second fiscal year following the year for which
                provided, except that the unexpended balances of such
                appropriations for the period commencing on July 1, 1976,
                and ending on September 30, 1976, and for each fiscal year
                beginning on or after October 1, 1976, shall be withdrawn as
                of September 30 of the second fiscal year following the
                period or year for which provided. Unpaid obligations
                chargeable to any of the balances so withdrawn or
                appropriations for prior years shall be liquidated from any
                appropriations for the same general purpose, which, at the
                time of payment, are available for disbursement. (June 21,
                1957, Pub. L. 85-85, 71 Stat. 190; June 1, 1976, Pub. L. 94-
                303, Sec. 118, 90 Stat. 615.)

           288  Sec. 104a. Semiannual statements of expenditures by
                    Secretary of the Senate and Clerk of the House of
                    Representatives.
                    (1) Commencing with the semiannual period beginning on
                July 1, 1964, and ending on December 31, 1964, and for each
                semiannual period thereafter, the Secretary of the Senate
                and the Clerk of the House of Representatives shall compile,
                and, not later than sixty days following the close of the
                semiannual period, submit to the Senate and House of
                Representatives, respectively, and make available to the
                public, in lieu of the reports and information required by
                sections 60 to 63, inclusive, of the Revised Statutes, as
                amended (2 U.S.C. 102, 103, 104), and S. Res. 139, Eighty-
                sixth Congress, a report containing a detailed statement, by
                items, of the manner in which appropriations and other funds
                available for disbursement by the Secretary of the Senate or
                the Clerk of the House of Representatives, as the case may
                be, have been expended during the semiannual period covered
                by the report, including (1) the name of every person to
                whom any part of such appropriation has been paid, (2) if
                for anything furnished, the quantity and price thereof, (3)
                if for services rendered, the nature of the services, the
                time employed, and the name, title, and specific amount paid
                to each person,

    [[Page 304]]

                and (4) a complete statement of all amounts appropriated,
                received, or expended, and any unexpended balances. Such
                reports shall include the information contained in
                statements of accountability and supporting vouchers
                submitted to the General Accounting Office pursuant to the
                provisions of section 117(a) of the Budget and Accounting
                Procedures Act of 1950 (31 U.S.C. 67(a)). Notwithstanding
                the foregoing provisions of this subsection, in any case in
                which the voucher or vouchers covering payment to any person
                for attendance as a witness before any committee of the
                Senate or House of Representatives, or any subcommittee
                thereof, during any semiannual period, indicate that all
                appearances of such person covered by such voucher or
                vouchers were as a witness in executive session of the
                committee or subcommittee, information regarding such
                payment, except for date of payment, voucher number, and
                amount paid, shall not be included in the report compiled
                pursuant to this subsection for such semiannual period. Any
                information excluded from a report for any semiannual period
                by reason of the foregoing sentence shall be included in the
                report compiled pursuant to this subsection for the
                succeeding semiannual period. Reports required to be
                submitted to the Senate and the House of Representatives
                under this section shall be printed as Senate and House
                documents, respectively.
                    (2) The report by the Secretary of the Senate under
                paragraph (1) for the semiannual period beginning on January
                1, 1976, shall include the period beginning on July 1, 1976,
                and ending on September 30, 1976, and such semiannual period
                shall be treated as closing on September 30, 1976.
                Thereafter, the report by the Secretary of the Senate under
                paragraph (1) shall be for the semiannual periods beginning
                on October 1, and ending on March 31 and beginning on April
                1 and ending on September 30 of each year.
                    (3) The report requirement relating to quantity, as
                contained in subparagraph (1), does not apply with respect
                to the Senate.
                    (4) Each report by the Secretary of the Senate required
                by paragraph (1) shall contain a separate summary of Senate
                accounts statement for each office of the Senate authorized
                to obligate appropriated funds, including each Senator's
                office, each officer of the Senate, and each committee of
                the Senate. The summary of Senate accounts statement shall
                include--
                    (A) the total amount of appropriations made available or
                allocated to the office;
                    (B) any supplemental appropriation, transfer of funds,
                or rescission and the effect of such action on the
                appropriation or allocation to the office;
                    (C) total expenses incurred for salary and office
                expenses; and
                    (D) the unexpended balance. (Pub. L. 88-454,
                Sec. 105(a), Aug. 20, 1964, 78 Stat. 550; Pub. L. 88-656,
                Oct. 13, 1964, 78 Stat. 1088; Pub. L. 94-303, Title I,
                Sec. 118(b)(1), June 1, 1976, 90 Stat. 615; Pub. L. 102-392,
                Title I, Sec. 6, Oct. 6, 1992, 106 Stat. 1707; July 22,
                1993, Pub. L. 103-283, Sec. 3, 108 Stat. 1426.)
           290  Sec. 105. Preparation and contents of statement of
                    appropriations.
                    The statement of all appropriations made during each
                session of Congress shall be prepared under the direction of
                the Committees on Appropriations of the Senate and House of
                Representatives, and said statement shall contain a
                chronological history of the regular appropriation bills
                passed during the session for which it is prepared. The
                statement

    [[Page 305]]

                shall indicate the amount of contracts authorized by the
                appropriation Acts in addition to appropriations made
                therein, and shall also contain specific reference to all
                indefinite appropriations made each session and shall
                contain such additional information concerning estimates and
                appropriations as the committees may deem necessary. (Oct.
                19, 1888, ch. 1210, Sec. 1, 25 Stat. 587; July 19, 1897, ch.
                9, Sec. 1, 30 Stat. 136; June 7, 1924, ch. 303, Sec. 1, 43
                Stat. 586.)

                Sec. 106. Stationery for Senate and House of
                    Representatives; advertisements for.
                    The Secretary of the Senate and Clerk of the House of
                Representatives shall annually advertise, once a week for at
                least four weeks, in one or more of the principal papers
                published in the District of Columbia, for sealed proposals
                for supplying the Senate and House of Representatives,
                respectively, during the next session of Congress with the
                necessary stationery. The advertisement must describe the
                kind of stationery required, and must require the proposals
                to be accompanied with sufficient security for their
                performance. (R.S. Sec. 66; Feb. 18, 1875, ch. 80, Sec. 1,
                18 Stat. 316.)

                                Cross References

                    Stationery for Senate and House may be purchased from
                Public Printer at cost, see section 110 of this title
                (Senate Manual section 295).
                    Stationery required for official use of Senate and House
                to be furnished by Public Printer upon requisition, see
                section 734 of title 44, United States Code (Senate Manual
                section 643).
                    Supplies for Senate and House may be purchased in
                accordance with schedule of contract articles and prices of
                Administrator of General Services, see section 111 of this
                title (Senate Manual section 296).

                Sec. 107. Same; opening bids; awarding contracts.

                    All such proposals shall be kept sealed until the day
                specified in such advertisement for opening the same, when
                the same shall be opened in the presence of at least two
                persons, and the contract shall be given to the lowest
                bidder, provided he shall give satisfactory security to
                perform the same, under a forfeiture not exceeding double
                the contract price in case of failure; and in case the
                lowest bidder shall fail to enter into such contract and
                give such security, within a time to be fixed in such
                advertisement, then the contract shall be given to the next
                lowest bidder, who shall enter into such contract, and give
                such security. And in case of failure by the person entering
                into such contract to perform the same, he and his sureties
                shall be liable for the forfeiture specified in such
                contract, as liquidated damages, to be sued for in the name
                of the United States. (R.S. Sec. 67; Feb. 18, 1875, ch. 80,
                Sec. 1, 18 Stat. 316.)
                Sec. 108. Same; contracts for separate parts of stationery.
                    Sections 106 and 107 of this title shall not prevent
                either the Secretary or the Clerk from contracting for
                separate parts of the supplies of stationery required to be
                furnished. (R.S. Sec. 68.)

                                Cross Reference

                    See note under section 106 of this title (Senate Manual
                section 291).

    [[Page 306]]

           294  Sec. 109. American goods to be preferred in purchases for
                    Senate and House of Representatives.
                    The Secretary of the Senate and the Clerk of the House
                of Representatives shall, in disbursing the public moneys
                for the use of the two Houses, respectively, purchase only
                articles the growth and manufacture of the United States,
                provided the articles required can be procured of such
                growth and manufacture upon as good terms as to quality and
                price as are demanded for like articles of foreign growth
                and manufacture. (R.S. Sec. 69.)
           295  Sec. 110. Purchase of paper, envelopes, etc., for stationery
                    rooms of Senate and House of Representatives.
                    Paper, envelopes, and blank books required by the
                stationery rooms of the Senate and House of Representatives
                for sale to Senators and Members for official use may be
                purchased from the Public Printer at actual cost thereof and
                payment therefor shall be made before delivery. (June 5,
                1920, ch. 253, Sec. 1, 41 Stat. 1036.)
           296  Sec. 111. Purchase of supplies for Senate and House of
                    Representatives.
                    Supplies for use of the Senate and the House of
                Representatives may be purchased in accordance with the
                schedule of contract articles and prices of the
                Administrator of General Services. (June 5, 1920, ch. 253,
                Sec. 1, 41 Stat. 1036; June 10, 1933, Ex. Ord. No. 6166,
                Sec. 1; June 30, 1949, ch. 288, Sec. 102, 63 Stat. 380.)
         296.1  Sec. 111a. Receipts from sales of items by Sergeant at Arms
                    and Doorkeeper of Senate, to Senators, etc., to be
                    credited to appropriation from which purchased.
                    In any case in which appropriated funds are used by a
                Senator or a committee or office of the Senate to purchase
                from the Sergeant at Arms and Doorkeeper of the Senate items
                which were purchased by him from the appropriation for
                ``miscellaneous items'' under ``Contingent Expenses of the
                Senate'' in any appropriation Act, the amounts received by
                the Sergeant at Arms and Doorkeeper shall be deposited in
                the Treasury of the United States for credit to such
                appropriation. This section does not apply to amounts
                received from the sale of used or surplus furniture and
                equipment. (Pub. L. 96-214, Mar. 24, 1980, 94 Stat. 122.)

                                        Note

                    (Sec. 903(a) of Pub. L. 98-63, 97 Stat 336, July 29,
                1983, provided:
                    ``Sec. 903. (a) Notwithstanding any provision to the
                contrary in any contract which is entered into by any person
                and either the Administrator of General Services or a
                contracting officer of any executive agency and under which
                such person agrees to sell or lease to the Federal
                Government (or any one or more entities thereof) any unit of
                property, supplies, or services at a specified price or
                under specified terms and conditions (or both), such person
                may sell or lease to the Congress the same type of such
                property, supplies, or services at a unit price or under
                terms and conditions (or both) which are different from
                those specified in such contract; and any such sale or lease
                of any unit or units of such property, supplies or services
                to the Congress shall not be taken into account for the
                purpose of determining the price at which, or the terms and
                conditions under which, such person is obligated under such
                contract to sell or lease any unit of such property,
                supplies, or services to any entity of the Federal
                Government, other than the Congress. For purposes of the
                preceding sentence, any sale or lease of property, supplies,
                or services to the Senate (or any office or instrumental-

    [[Page 307]]

                ity thereof) or to the House of Representatives (or any
                office or instrumentality thereof) shall be deemed to be a
                sale or lease of such property, supplies, or services to the
                Congress.''.
                Sec. 112. Purchases of stationery and materials for folding.
                    Purchases of stationery and materials for folding shall
                be made in accordance with section 106-109 of this title.
                    All contracts and bonds for purchases made under the
                authority of this section shall be filed with the Committee
                on Rules and Administration of the Senate or the Committee
                on House Administration of the House of Representatives
                respectively. (Mar. 3, 1887, ch. 392, Sec. 1, 24 Stat. 596;
                Aug. 2, 1946, ch. 753, Secs. 102, 121, 60 Stat. 814,
                822.)
                Sec. 113. Detailed reports of receipts and expenditures by
                    Secretary of Senate and Clerk of House of
                    Representatives.\1\
                    The Secretary of the Senate and the Clerk of the House
                of Representatives, respectively, shall report to Congress
                on the first day of each regular session, and at the
                expiration of their terms of service, a full and complete
                statement of all their receipts and expenditures as such
                officers, showing in detail the items of expense,
                classifying them under the proper appropriations, and also
                showing the aggregate thereof, and exhibiting in a clear and
                concise manner the exact condition of all public moneys by
                them received, paid out, and remaining in their possession
                as such officers. (R.S. Sec. 70.)
                    \1\Superseded by section 105(a) of Pub. L. 88-454, Aug.
                    20, 1964, 78 Stat. 550, as amended. See Senate Manual
                    section 288.
                Sec. 114. Fees for copies from Senate and House Journals.
                    The Secretary of the Senate and the Clerk of the House
                of Representatives, respectively, are entitled, for
                transcribing and certifying extracts from the Journal of the
                Senate or the executive Journal of the Senate when the
                injunction of secrecy has been removed, or from the Journal
                of the House of Representatives, except when such
                transcripts are required by an officer of the United States
                in a matter relating to the duties of his office, to receive
                from the persons for whom such transcripts are prepared the
                sum of 10 cents for each sheet containing one hundred words.
                (R.S. Sec. 71.)
                Sec. 117. Sale of waste paper and condemned furniture.
                    It shall be the duty of the Clerk and Doorkeeper of the
                House of Representatives and the Secretary and Sergeant at
                Arms of the Senate to cause to be sold all waste paper and
                useless documents and condemned furniture that may
                accumulate, in their respective departments or offices,
                under the direction of the Committee on House Administration
                of the House of Representatives and the Committee on Rules
                and Administration of the Senate and cover the proceeds
                thereof into the Treasury. (Aug. 7, 1882, ch. 433, Sec. 1,
                22 Stat. 337; May 29, 1928, ch. 901, Sec. 1, 45 Stat. 995;
                Aug. 2, 1946, ch. 953, Secs. 102, 121, 60 Stat. 814,
                822.)
                117b. Disposal of used or surplus furniture and equipment.
                    Effective October 1, 1981, the Sergeant at Arms and
                Doorkeeper of the Senate is authorized to dispose of used or
                surplus furniture and equipment by trade-in or by sale
                directly or through the General Services Administration.
                Receipts from the sale of such furniture and equipment shall
                be deposited in the United States Treasury for credit to the
                appro-

    [[Page 308]]

                priation for ``Miscellaneous Items'' under the heading
                ``Contingent Expenses of the Senate''. (Oct. 1, 1981, Pub.
                L. 97-51, Sec. 118, 95 Stat. 964.)
                Sec. 117b-1. Receipts from sale of used or surplus furniture
                    and furnishings of Senate.
                    On and after October 1, 1982, receipts from the sale of
                used or surplus furniture and furnishings shall be deposited
                in the United States Treasury for credit to the
                appropriation for ``Senate Office Buildings'' under the
                heading ``Architect of the Capitol.'' (Oct. 2, 1982, Pub. L.
                97-276, Sec. 101(e), 96 Stat. 1189.)
           301  Sec. 118. Actions against officers for official acts.\1\
                    In any action brought against any person for or on
                account of anything done by him while an officer of either
                House of Congress in the discharge of his official duty, in
                executing any order of such House, the United States
                attorney for the district within which the action is
                brought, on being thereto requested by the officer sued,
                shall enter an appearance in behalf of such officer; and all
                provisions of the eighth section of the Act of July 28,
                1866, entitled ``An Act to protect the revenue, and for
                other purposes'', and also all provisions of the sections of
                former Acts therein referred to, so far as the same relate
                to the removal of suits, the withholding of executions, and
                the paying of judgments against revenue or other officers of
                the United States, shall become applicable to such action
                and to all proceedings and matters whatsoever connected
                therewith, and the defense of such action shall thenceforth
                be conducted under the supervision and direction of the
                Attorney General. (Mar. 3, 1875, ch, 130, Sec. 8, 18 Stat.
                401; June 25, 1948, ch. 646, Sec. 1, 62 Stat. 909.)
                    \1\Rule 69(b) of Federal Rules of Civil Procedure
                    provides as to judgments against public officers.
         301.5  Sec. 118a. Officers of Senate.
                    Section 118 of this title shall not apply to officers of
                the Senate. (Pub. L. 95-521, Title VII, Sec. 714(d), Oct.
                26, 1978, 92 Stat. 1884.)
           302  Sec. 119. Stationery rooms of House and Senate;
                    specifications of classes of articles purchasable.
                    The Committee on House Administration of the House of
                Representatives and the Committee on Rules and
                Administration of the Senate, respectively, shall make and
                issue regulations specifying the classes of articles which
                may be purchased by or through the stationery rooms of the
                House and Senate. (May 13, 1926, ch. 294, Sec. 2, 44 Stat.
                552; Aug. 2, 1946, ch. 753, Secs. 102, 121, 60 Stat.
                814, 822.)
           303  Sec. 119a. Change of name of Senate Folding Room to Senate
                    Service Department.
                    Hereafter the Senate Folding Room shall be known as the
                Senate Service Department. (July 2, 1954, ch. 455, Sec. 101,
                68 Stat. 397.)
           304  Sec. 121. Surcharge on orders in Senate restaurant for
                    deficit fund.
                    The Committee on Rules and Administration of the United
                States Senate is authorized and directed hereafter to add a
                minimum of 10 per centum to each order in excess of 10 cents
                served in the Senate restaurants and 20 per centum to all
                orders served outside of said

    [[Page 309]]

                restaurants, and the proceeds accruing therefrom shall be
                placed in a fund to be used in the payment of any deficit
                incurred in the management of such kitchens and restaurants.
                (May 18, 1937, ch. 223, Sec. 1, 50 Stat. 173; Aug. 2, 1946,
                ch. 753, Sec. 102, 60 Stat. 814.)

                                Cross Reference

                    For jurisdiction over, and management of, Senate
                restaurants, see section 174j-1 of title 40, United States
                Code (Senate Manual section 518).
                Sec. 121a. Senate Barber and Beauty Shops Revolving Fund.
                    (a) There is hereby established in the Treasury of the
                United States a revolving fund within the contingent fund of
                the Senate to be known as the Senate Barber and Beauty Shops
                Revolving Fund (hereafter in this section referred to as the
                ``revolving fund'').
                    (b) All moneys received by the Senate Barber Shop and
                the Senate Beauty Shop from fees for services or from any
                other source shall be deposited to the credit of the
                revolving fund. Moneys in the revolving fund shall be
                available without fiscal year limitation for disbursement by
                the Secretary of the Senate for necessary supplies and
                expenses of the Senate Barber and Beauty Shops.
                    (c) On or before December 31 of each year, the Secretary
                of the Senate shall withdraw from the revolving fund and
                deposit in the Treasury of the United States as
                miscellaneous receipts all moneys in excess of $10,000 in
                the revolving fund at the close of the preceding fiscal
                year.
                    (d) Disbursements from the revolving fund shall be made
                upon vouchers signed by the Sergeant at Arms and Doorkeeper
                of the Senate.
                    (e) The Sergeant at Arms and Doorkeeper of the Senate is
                authorized to prescribe such regulations as may be necessary
                to carry out the provisions of this section. (Oct. 1, 1976,
                Pub. L. 94-440, Title I, Sec. 106, 90 Stat. 1444; May 4,
                1977, Pub. L. 95-26, Sec. 107, 91 Stat. 85; Oct. 1, 1988,
                Pub. L. 100-458, Sec. 10(b), 102 Stat. 2162.)
                Sec. 121b. Senate Beauty Shop.
                    (a) The Sergeant at Arms and Doorkeeper of the Senate is
                authorized to employ, and fix the compensation of such
                employees as he determines necessary to operate the Senate
                Beauty Shop.
                    (b) Any individual who, on the date of the enactment of
                this section, is an employee of the Senate Building Beauty
                Shop and who, after having been employed by the Sergeant at
                Arms and Doorkeeper pursuant to subsection (a) of this
                section, attains 5 years of civilian service creditable
                under section 8411 of title 5, United States Code, other
                than service credited pursuant to subsection (d) of this
                section, may be credited under such section for any service
                as an employee of the Senate Building Beauty Shop prior to
                such date of enactment, if such employee makes a payment of
                the amount, determined by the Office of Personnel
                Management, that would have been deducted and withheld from
                the basic pay of such employee under section 8422 of title
                5, United States Code, for such period so credited, together
                with interest thereon.
                    (c) Notwithstanding any other provision of this section,
                any service performed by an individual in the Senate
                Building Beauty Shop prior to the date of the enactment of
                this section is deemed to be civilian service creditable
                under section 8411 of title 5, United States Code,

    [[Page 310]]

                for purposes of qualifying for survivor annuities and
                disability benefits under subchapters IV and V of chapter 84
                of title 5, United States Code, if such individual--
                                (1) on the date of the enactment of this
                            Act, is an employee of the Senate Building
                            Beauty Shop;
                                (2) on or after the date of such enactment
                            is employed by the Sergeant at Arms and
                            Doorkeeper pursuant to subsection (a) of this
                            section; and
                                (3) payment is made of an amount, determined
                            by the Office of Personnel Management, which
                            would have been deducted and withheld from the
                            basic pay of such employee under section 8422 of
                            title 5, United States Code, for such period so
                            credited, together with interest thereon.
                    (d) The Office of Personnel Management shall accept the
                certification of the Secretary of the Senate concerning
                creditable service for the purpose of this section.
                    (e) The foregoing provisions of this section shall take
                effect on October 1, 1988. (Oct. 1, 1988, Pub. L. 100-458,
                Sec. 10, 102 Stat. 2162.)
         304.7  Sec. 121c. Office of Senate Health Promotion.
                (a) Establishment.
                    The Sergeant at Arms and Doorkeeper of the Senate is
                authorized to establish an Office of Senate Health
                Promotion.
                (b) Fees, assessments, and charges.
                    (1) In carrying out this section, the Sergeant at Arms
                and Doorkeeper of the Senate is authorized to establish, or
                provide for the establishment of, exercise classes and other
                health services and activities on a continuing and regular
                basis. In providing for such classes, services, and
                activities, the Sergeant at Arms and Doorkeeper of the
                Senate is authorized to impose and collect fees,
                assessments, and other charges to defray the costs involved
                in promoting the health of Members, officers, and employees
                of the Senate. For purposes of this section, the term
                ``employees of the Senate'' shall have such meaning as the
                Sergeant at Arms, by regulation, may prescribe.
                    (2) All fees, assessments, and charges imposed and
                collected by the Sergeant at Arms pursuant to paragraph (1)
                shall be deposited in the revolving fund established
                pursuant to subsection (c) of this section and shall be
                available for purposes of this section.
                (c) Senate Health Promotion Revolving Fund.
                    There is established in the Treasury of the United
                States a revolving fund within the contingent fund of the
                Senate to be known as the Senate Health Promotion Revolving
                Fund (hereinafter referred to in this section as the
                ``fund''). The fund shall consist of all amounts collected
                or received by the Sergeant at Arms and Doorkeeper of the
                Senate as fees, assessments, and other charges for
                activities and services to carry out the provisions of this
                section. All moneys in the fund shall be available without
                fiscal year limitation for disbursement by the Secretary of
                the Senate for promoting the health of Members, officers,
                and employees of the Senate. On or before December 31 of
                each year, the Secretary of the Senate shall withdraw from
                the fund and deposit in the Treasury of the United States as
                miscellaneous receipts all mon-

    [[Page 311]]

                eys in excess of $5,000 in the fund at the close of the
                preceding fiscal year.
                (d) Vouchers.
                    Disbursements from the revolving fund shall be made upon
                vouchers signed by the Sergeant at Arms and Doorkeeper of
                the Senate.
                (e) Inapplicability of provisions prohibiting sales,
                    advertisements, or solicitations in Capitol grounds.
                    The provisions of section 193d of Title 40 shall not be
                applicable to any class, service, or other activity carried
                out pursuant to the provisions of this section.
                (f) Regulations
                    The provisions of this section shall be carried out in
                accordance with regulations which shall be promulgated by
                the Sergeant at Arms and Doorkeeper of the Senate and
                subject to approval at the beginning of each Congress by the
                Committee on Rules and Administration of the Senate. (Pub.
                L. 101-163, Title I, Sec. 4, Nov. 21, 1989, 103 Stat. 1044;
                Pub. L. 102-90, Sec. 2 Aug. 14, 1991, 105 Stat. 450.)
                Sec. 121d. Senate Gift Shop.
                (a) Establishment.
                    The Secretary of the Senate is authorized to establish a
                Senate Gift Shop for the purpose of providing for the sale
                of gift items to Members of the Senate, staff, and the
                general public.
                (b) Deposit of receipts.
                    All moneys received from sales and other services by the
                Senate Gift Shop shall be deposited in the revolving fund
                established by subsection (c) of this section and shall be
                available for purposes of this section.
                (c) Revolving fund.
                    There is established in the Treasury of the United
                States a revolving fund within the contingent fund of the
                Senate to be known as the Senate Gift Shop Revolving Fund
                (hereafter referred to in this section as the ``fund''). The
                fund shall consist of all amounts collected or received by
                the Secretary of the Senate from sales and services by the
                Senate Gift Shop. All moneys in the fund shall be available
                without fiscal year limitation for disbursement by the
                Secretary of the Senate in connection with the operation of
                the Senate Gift Shop, including supplies, equipment, and
                other expenses. In addition, such moneys may be used by the
                Secretary of the Senate to reimburse the Senate
                appropriations account, appropriated under the heading
                ``Salaries, Officers and Employees'' and ``Office of the
                Secretary'', for amounts used from such account to pay the
                salaries of employees of the Senate Gift Shop.
                (d) Exception to prohibition of sale or solicitation on
                    Capitol Grounds.
                    The provisions of section 193d of title 40 shall not be
                applicable to any activity carried out pursuant to this
                section.
                (e) Transfer of moneys from Stationery Revolving Fund.
                    To provide capital for the fund, the Secretary of the
                Senate is authorized to transfer, from moneys in the
                Stationery Revolving Fund in the

    [[Page 312]]

                contingent fund of the Senate, to the fund such sum as he
                may determine necessary, not to exceed $300,000.
                (f) Authorization to expend from appropriations account for
                    initial expenses.
                    For the purpose of acquiring supplies, equipment, and
                meeting other initial expenses in implementing subsection
                (a) of this section, the Secretary of the Senate is
                authorized, upon October 6, 1992, to expend, from moneys
                appropriated to the appropriations account, within the
                contingent fund of the Senate, for expenses of the Secretary
                of the Senate, by the Legislative Branch Appropriations Act,
                1991, such amounts as may be necessary to carry out this
                section.
                (g) Disbursement on approved voucher.
                    Disbursements from the fund shall be made upon vouchers
                approved by the Secretary of the Senate, or his designee.
                (h) Regulations.
                    The Secretary of the Senate is authorized to prescribe
                such regulations as may be necessary to carry out the
                provisions of this section. (Pub. L. 102-392, title I,
                Sec. 2, Oct. 6, 1992, 106 Stat. 1706.)
         304.9  Sec. 121e. Payment of fees for services of Attending
                    Physician and for use of Senate health and fitness
                    facilities.
                (a) Regulations
                    The Senate Committee on Rules and Administration shall
                promulgate regulations--
                                (1) pertaining to the services provided by
                            the Attending Physician and the operation and
                            use of the Senate health and fitness facilities;
                            and
                                (2) requiring the payment of fees for
                            services received from the Attending Physician
                            and for the use of the Senate health and fitness
                            facilities pursuant to such regulations.
                (b) Withholding of fees from salary.
                    The Secretary of the Senate is authorized to withhold
                fees from the salary of an individual authorized by such
                regulations to receive such services from the Attending
                Physician and to use the Senate health and fitness
                facilities.
                (c) Deposit in General Fund.
                    The Secretary of the Senate shall remit all fees
                required by subsection (a)(2) of this section that are
                collected pursuant to subsection (b) of this section or by
                direct payment to the General Fund of the Treasury as
                miscellaneous receipts unless otherwise provided by law.
                (d) Effective date.
                    The provision\1\ of this section shall take effect on
                April 9, 1992. (Pub. L. 102-392, title III, Sec. 314, Oct.
                6, 1992, 106 Stat. 1723.)
                    \1\So in original. Probably should be ``provisions''.

           305

    [[Page 313]]

                Sec. 123b. House Recording Studio; Senate Recording Studio
                    and Senate Photographic Studio.
         305.1  (a) Establishment.
                    There is established the House Recording Studio, the
                Senate Recording Studio, and the Senate Photographic Studio.
         305.2  (b) Assistance in making disk, film, and tape recordings;
                    exclusiveness of use.
                    The House Recording Studio shall assist Members of the
                House of Representatives in making disk, film, and tape
                recordings, and in performing such other functions and
                duties in connection with the making of such recordings as
                may be necessary. The Senate Recording Studio and the Senate
                Photographic Studio shall assist Members of the Senate and
                committees of the Senate in making disk, film, and tape
                recordings, and in performing such other functions and
                duties in connection with the making of such recordings as
                may be necessary. The House Recording Studio shall be for
                the exclusive use of Members of the House of Representatives
                (including the Delegates and the Resident Commissioner from
                Puerto Rico); the Senate Recording Studio and the Senate
                Photographic Studio shall be for the exclusive use of
                Members of the Senate, the Vice President, committees of the
                Senate, the Secretary of the Senate, and the Sergeant at
                Arms of the Senate.
         305.3  (c) Operation of studios.
                    The House Recording Studio shall be operated by the
                Clerk of the House of Representatives under the direction
                and control of a committee which is created (hereinafter
                referred to as the committee) composed of three Members of
                the House. Two members of the committee shall be from the
                majority party and one member shall be from the minority
                party, to be appointed by the Speaker. The committee is
                authorized to issue such rules and regulations relating to
                operation of the House Recording Studio as it may deem
                necessary.
                    The Senate Recording Studio and the Senate Photographic
                Studio shall be operated by the Sergeant at Arms of the
                Senate under the direction and control of the Committee on
                Rules and Administration of the Senate. The Committee on
                Rules and Administration is authorized to issue such rules
                and regulations relating to operation of the Senate
                Recording Studio and the Senate Photographic Studio as it
                may deem necessary.
         305.4  (d) Prices of disk, film, and tape recordings; collection of
                    moneys.
                    The Clerk of the House of Representatives shall, subject
                to the approval of the committee, set the price of making
                disk, film, and tape recordings, and collect all moneys owed
                the House Recording Studio. The Committee on Rules and
                Administration of the Senate shall set the price of making
                disk, film, and tape recordings and all moneys owed the
                Senate Recording Studio and the Senate Photographic Studio
                shall be collected by the Sergeant at Arms of the Senate.
         305.5  (e) Restrictions on expenditures.
                    No moneys shall be expended or obligated for the House
                Recording Studio except as shall be pursuant to such
                regulations as the committee may approve. No moneys shall be
                expended or obligated by the Director of the Senate
                Recording Studio or the Director of the Senate Photo-

    [[Page 314]]

                graphic Studio until approval therefor has been obtained
                from the Sergeant at Arms of the Senate.
         305.6  (f) Appointment of Director and other employees of House
                    Recording Studio.
                    The Clerk of the House of Representatives is authorized,
                subject to the approval of the committee, to appoint a
                Director of the House Recording Studio and such other
                employees as are deemed necessary to the operation of the
                House Recording Studio.
         305.7  (g) Revolving funds.
                    There is established in the Treasury of the United
                States, a revolving fund within the contingent fund of the
                House of Representatives for the House Recording Studio for
                the purposes of administering the duties of that studio.
                There is also established in the Treasury of the United
                States a revolving fund, within the contingent fund of the
                Senate, which shall be known as the ``Senate Photographic
                Studio Revolving Fund'', for the purpose of administering
                the duties of the Senate Photographic Studio; and there is
                established in the Treasury of the United States, a
                revolving fund, within the contingent fund of the Senate,
                which shall be known as the ``Senate Recording Studio
                Revolving Fund'', for the purpose of administering the
                duties of the Senate Recording Studio.
         305.8  (h) Deposits in funds; availability of funds.
                    All moneys received by the House Recording Studio from
                Members of the House of Representatives for disk, film, or
                tape recordings, or from any other source, shall be
                deposited by the Clerk of the House of Representatives in
                the revolving fund established for the House Recording
                Studio by subsection (g) of this section; moneys in such
                fund shall be available for disbursement therefrom by the
                Clerk of the House of Representatives for the care,
                maintenance, operation, and other expenses of the studio
                upon vouchers signed and approved in such manner as the
                committee shall prescribe. All moneys received by the Senate
                Recording Studio shall be deposited in the Senate Recording
                Studio Revolving Fund established by subsection (g) of this
                section and all funds received by the Senate Photographic
                Studio shall be deposited in the Senate Photographic Studio
                Revolving Fund established by such subsection; moneys in the
                Senate Recording Studio Revolving Fund shall be available
                for disbursement therefrom upon vouchers signed by the
                Sergeant at Arms and Doorkeeper of the Senate for the care,
                maintenance, operation, and other expenses of the Senate
                Recording Studio, and moneys in the Senate Photographic
                Studio Revolving Fund shall be available for disbursement
                therefrom upon vouchers signed by the Sergeant at Arms and
                Doorkeeper of the Senate for the care, maintenance,
                operation, and other expenses of the Senate Photographic
                Studio.
         305.9  (i) Distribution of equity of Joint Senate and House
                    Recording Facility Revolving Fund; assignment of
                    existing studio facilities, equipment, materials and
                    supplies; transfer of accounts; reserve fund;
                    distribution of balance.
                    (1) As soon as practicable after June 27, 1956, but no
                later than September 30, 1956, the equity of the Joint
                Senate and House Recording Facility Revolving Fund shall be
                distributed equally to the Senate and House of
                Representatives on the basis of an audit to be made by the
                General Accounting Office.

    [[Page 315]]

                    (2) The Sergeant at Arms of the Senate and the Clerk of
                the House of Representatives shall, subject to the approval
                of the committees mentioned in subsection (c) of this
                section, determine the assignment of existing studio
                facilities to the Senate and the House of Representatives,
                and also the existing equipment, materials and supplies to
                be transferred to the respective studios. The evaluation of
                equipment, materials and supplies transferred to each studio
                shall be on the basis of market value. Any other equipment,
                materials and supplies determined to be obsolete or not
                needed for the operation of the respective studio shall be
                disposed of to the best interest of the Government and the
                proceeds thereof deposited in the Joint Senate and House
                Recording Facility Revolving Fund.
                    (3) Accounts receivable, which on the effective date of
                liquidation, are due from Members and committees of the
                Senate shall be transferred to the Senate Studio, and those
                due from Members and committees of the House of
                Representatives shall be transferred to the House Studio.
                    (4) A sufficient reserve shall be set aside from the
                Joint Senate and House Recording Facility Revolving Fund to
                liquidate any outstanding accounts payable.
                    (5) After appropriate adjustments for the value of
                assets assigned or transferred to the Senate and House of
                Representatives, respectively, the balance in the Joint
                Senate and House Recording Facility Revolving Fund shall be
                distributed equally to the Senate and House of
                Representatives for deposit to the respective revolving
                funds authorized by this section.
        305.10  (j) Availability of existing services and facilities.
                    Pending acquisition of the stock, supplies, materials,
                and equipment necessary to properly equip both studios, the
                present services and facilities shall be made available to
                both studios in order that each studio may carry out its
                duty.
        305.11  (k) Restrictions on employment.
                    No person shall be an officer or employee of the House
                Recording Studio, Senate Recording Studio or Senate
                Photographic Studio while he is engaged in any other
                business, profession, occupation, or employment which
                involves the performance of duties which are similar to
                those which would be performed by him as such an officer or
                employee of such studio unless approved in writing by the
                committee in the case of the House Recording Studio and the
                Senate Committee on Rules and Administration in the case of
                the Senate Recording Studio and the Senate Photographic
                Studio.
        305.12  (l) Abolition of Joint Recording Facility positions and
                    salaries.
                    The Joint Recording Facility positions and salaries
                established pursuant to the Legislative Branch Appropriation
                Act, 1948, and all subsequent Acts are abolished.
        305.13  (m) Repeals.
                    Effective with the completion of the transfer provided
                for by subsection (i) of this section the joint resolution
                entitled ``Joint resolution establishing in the Treasury of
                the United States a revolving fund within the contingent
                fund of the House of Representatives'', approved August 7,
                1953, is repealed.

    [[Page 316]]

                (n) Repealed.
        305.15  (o) Authorization of appropriations.
                    Such sums as may be necessary to carry out the
                provisions of this section are authorized to be
                appropriated. (June 27, 1956, ch. 453, Sec. 105, 70 Stat
                370; Oct. 13, 1964, Pub. L. 88-652, 78 Stat. 1084; June 6,
                1972, Pub. L. 92-310, Sec. 220(j), 86 Stat. 205; Pub. L.
                101-520, Title I, Sec. 7, Nov. 5, 1990, 104 Stat. 2258,
                2259.)
        305.17  Sec. 123b-1. Senate Recording Studio Senate and Photographic
                    Studio as successors to Senate Recording and
                    Photographic Studios; rules, regulations, and fees for
                    photographs and photographic services.
                    (a) The entity, in the Senate, known (prior to November
                5, 1990) as the `Senate Recording and Photographic Studios'
                is abolished, and there is established in its stead the
                following two entities: the `Senate Recording Studio', and
                the `Senate Photographic Studio'; and there are transferred,
                from the entity known (prior to November 5, 1990) as the
                `Senate Recording and Photographic Studios' to the `Senate
                Recording Studio' all personnel, equipment, supplies, and
                funds which are available for, relate to, or are utilized in
                connection with, recording, and to the `Senate Photographic
                Studio' all personnel, equipment, supplies, and funds which
                are available for, relate to, or are utilized in connection
                with photography.
                    (b)(1) The Sergeant at Arms and Doorkeeper of the Senate
                shall, subject to the approval of the majority and minority
                leaders, promulgate rules and regulations, and establish
                fees, for provision of photographs and photographic services
                to be furnished by the Photographic Studio.
                    (2) Omitted. (July 8, 1980, Pub. L. 96-304, Title I,
                Sec. 108, 94 Stat. 890; Pub. L. 101-520, Title I, Sec. 7(d),
                Nov. 5, 1990, 104 Stat. 2259.)
        305.20  Sec. 123c. Data processing equipment, software, & services.
                    Notwithstanding any other provision of law, the Sergeant
                at Arms, subject to the approval of the Committee on Rules
                and Administration, is hereafter authorized to enter into
                multi-year contracts for data processing equipment,
                software, and services. (June 12, 1975, Pub. L. 94-32, Title
                I, Sec. 101, 89 Stat. 182; May 4, 1977, Pub. L. 95-26, ch.
                VII, Sec. 103, 91 Stat. 82.)
      305.20-1  Sec. 123c-1. Computer programming services, advance
                    payments.
                    That, notwithstanding any other provision of law, the
                Sergeant at Arms and Doorkeeper of the Senate, subject to
                the approval of the Committee on Rules and Administration,
                is hereafter authorized to enter into contracts which
                provide for the making of advance payments for computer
                programming services. (Pub. L. 97-20, July 6, 1981, 95 Stat.
                104.)
        305.21  Sec. 123d. Senate Computer Center.
                (a) Senate Computer Center Revolving Fund.
                    (1) There is hereby established in the Treasury of the
                United States a revolving fund within the contingent fund of
                the Senate to be known as the Senate Computer Center
                Revolving Fund (hereafter in this section referred to as the
                ``revolving fund'').

    [[Page 317]]

                    (2) The revolving fund shall be available only for
                paying the salaries of personnel employed under subsection
                (c) of this section, and agency contributions attributable
                thereto, and for paying refunds under contracts entered into
                under subsection (b) of this section.
                    (3) Within 90 days after the end of each fiscal year,
                the Secretary of the Senate shall withdraw all amounts in
                the revolving fund in excess of $100,000, other than amounts
                required to make refunds under subsection (b)(2)(B) of this
                section, and shall deposit the amounts withdrawn in the
                Treasury of the United States as miscellaneous receipts.

                (b) Contracts for use of Senate computer; approval; terms.
                    (1) Subject to the provisions of paragraph (2), the
                Sergeant at Arms and Doorkeeper of the Senate is authorized
                to enter into contracts with any agency or instrumentality
                of the legislative branch for the use of any available time
                on the Senate computer.
                    (2) No contract may be entered into under paragraph (1)
                unless it has been approved by the Committee on Rules and
                Administration of the Senate, and no such contract may
                extend beyond the end of the fiscal year in which it is
                entered into. Each contract entered into under paragraph (1)
                shall contain--
                                (A) a provision requiring full advance
                            payment for the amount of time contracted for,
                            and
                                (B) a provision requiring refund of a
                            proportionate amount of such advance payment if
                            the total amount of time contracted for is not
                            used.

                Notwithstanding any other provision of law, any agency or
                instrumentality of the legislative branch is authorized to
                make advance payments under a contract entered into under
                paragraph (1).

                (c) Additional personnel.
                    To the extent that the personnel of the Senate Computer
                Center are unable to carry out the contracts entered into
                under subsection (b) of this section according to their
                terms and conditions, the Sergeant at Arms and Doorkeeper of
                the Senate is authorized to employ such additional personnel
                for the Senate Computer Center as may be necessary to carry
                out such contracts, and to pay the salaries of such
                additional personnel, and agency contributions attributable
                thereto, from the revolving fund. Such additional personnel
                may temporarily be assigned to perform the regular functions
                of the Senate Computer Center when their services are not
                needed to carry out such contracts.

                (d) Disbursements.
                    Disbursements from the revolving fund under subsections
                (b) and (c) of this section shall be made upon vouchers
                signed by the Sergeant at Arms and Doorkeeper of the Senate,
                except that vouchers shall not be required for the
                disbursement of salaries of employees paid at an annual rate
                (June 1, 1976, Pub. L. 94-303, Title I, Sec. 116, 90 Stat.
                614.)
           306  Sec. 125a. Death gratuity payments as gifts.
                    Any death gratuity payment at any time specifically
                appropriated by any Act of Congress or at any time made out
                of the contingent fund

    [[Page 318]]

                of the House of Representatives or of the Senate shall be
                held to have been a gift. (June 5, 1952, ch. 369, 66 Stat.
                101.)
         307.1  Sec. 126-2. Official reporters; designation.
                    The reporters of debates in the office of the Secretary
                of the Senate are hereby designated the official reporters
                of debates of the Senate. (Pub. L. 89-545, Sec. 101, Aug.
                27, 1966, 80 Stat. 354.)
         307.2  Sec. 126b. Same; emergency reporters and transcribers;
                    payment from contingent fund.
                    The Secretary of the Senate is hereafter authorized to
                employ, by contract or otherwise, substitute reporters of
                debates and expert transcribers at daily rates of
                compensation, or temporary reporters of debates and expert
                transcribers at annual rates of compensation; no temporary
                reporters of debates or expert transcribers may be employed
                under authority of this provision for more than ninety days
                in any fiscal year; and payments made under authority of
                this proviso shall be made from the contingent fund of the
                Senate upon vouchers approved by the Secretary of the
                Senate. (Pub. L. 89-90, Sec. 101, July 27, 1965, 79 Stat.
                266; June 5, 1981, Pub. L. 97-12, Sec. 105, 95 Stat. 61.)
           310  Sec. 130a. Nonpay status for the Congressional employees
                    studying under Congressional staff fellowships.
                    With respect to each employee of the Senate or House of
                Representatives--
                                (1) whose compensation is disbursed by the
                            Secretary of the Senate or the Clerk of the
                            House of Representatives, and
                                (2) who, on or after January 1, 1963, shall
                            have been separated from employment with the
                            Senate or House of Representatives in order to
                            pursue certain studies under a congressional
                            staff fellowship awarded by the American
                            Political Science Association.

                the period of time covered by such fellowship shall be held
                and considered to be service (in a nonpay status) in
                employment with the Senate or House of Representatives, as
                the case may be, at the rate of compensation received
                immediately prior to separation (including any increases in
                compensation provided by law during the period covered by
                such fellowship) for the purposes of--

                                (A) the Civil Service Retirement Act, as
                            amended,
                                (B) the Federal Employees' Group Life
                            Insurance Act of 1954, as amended, and
                                (C) the Federal Employees' Health Benefits
                            Act of 1959, as amended,

                if the award of such fellowship to such employee is
                certified to the Secretary of the Senate or the Clerk of the
                House of Representatives, as appropriate, by the appointing
                authority concerned or, in the event of the death or
                disability of such appointing authority, is established to
                the satisfaction of the Secretary of the Senate or the Clerk
                of the House by records or other evidence. (Mar. 30, 1966,
                Pub. L. 89-379; 80 Stat. 94.)

           311  Sec. 130b. Jury and witness service by employees of the
                    Senate and the House.
                    (a) For purposes of this section--

    [[Page 319]]

                                (1) ``employee'' means any individual whose
                            pay is disbursed by the Secretary of the Senate
                            or the Clerk of the House of Representatives;
                            and
                                (2) ``court of the United States'' has the
                            meaning given it by section 451 of title 28, and
                            includes the United States District Court for
                            the District of the Canal Zone, the District
                            Court of Guam, and the District Court of the
                            Virgin Islands.
                    (b) The pay of an employee shall not be reduced during a
                period of absence with respect to which the employee is
                summoned (and permitted to respond to such summons by the
                appropriate authority of the House of the Congress
                disbursing his pay), in connection with a judicial
                proceeding by a court or authority responsible for the
                conduct of that proceeding, to serve--
                                (1) as a juror; or
                                (2) other than as provided in subsection (c)
                            of this section, as a witness on behalf of any
                            party in connection with any judicial proceeding
                            to which the United States, the District of
                            Columbia, or a State or local government is a
                            party;

                in the District of Columbia, a State territory, or
                possession of the United States including the Commonwealth
                of Puerto Rico, the Canal Zone, or the Trust Territory of
                the Pacific Islands. For purposes of this subsection,
                ``judicial proceeding'' means any action, suit, or other
                judicial proceeding, including any condemnation,
                preliminary, informational, or other proceeding of a
                judicial nature, but does not include an administrative
                proceeding.

                    (c) An employee is performing official duty during the
                period with respect to which he is summoned (and is
                authorized to respond to such summons by the House of the
                Congress disbursing his pay), or is assigned by such House,
                to--
                                (1) testify or produce official records on
                            behalf of the United States or the District of
                            Columbia; or
                                (2) testify in his official capacity or
                            produce official records on behalf of a party
                            other than the United States or the District of
                            Columbia.
                    (d)(1) An employee may not receive fees for service--
                                (A) as juror in a court of the United States
                            or the District of Columbia; or
                                (B) as a witness on behalf of the United
                            States or the District of Columbia.
                    (2) If an employee receives as amount (other than travel
                expenses) for service as a juror or witness during a period
                in which his pay may not be reduced under subsection (b) of
                this section, or for which he is performing official duty
                under subsection (c) of this section, the employee shall
                remit such amount to the officer who disburses the pay of
                the employee, which amount shall be covered into the general
                fund of the Treasury as miscellaneous receipts.
                    (e)(1) An employee summoned (and authorized to respond
                to such summons by the House of the Congress disbursing his
                pay), or assigned by such House, to testify or produce
                official records on behalf of the United States is entitled
                to travel expenses. If the case involves an activity in
                connection with which he is employed, the travel expenses
                shall be paid from funds otherwise available for the payment
                of travel expenses of such House in accordance with travel
                regulations of that

    [[Page 320]]

                House. If the case does not involve such an activity, the
                department, agency, or independent establishment of the
                United States on whose behalf he is so testifying or
                producing records shall pay to the employee his travel
                expenses out of appropriations otherwise available, and in
                accordance with regulation applicable, to that department,
                agency, or independent establishment for the payment of
                travel expenses.
                    (2) An employee summoned (and permitted to respond to
                such summons by the House of the Congress disbursing his
                pay), or assigned by such House, to testify in his official
                capacity or produce official records on behalf of a party
                other than the United States, is entitled to travel
                expenses, unless any travel expenses are paid to the
                employee for his appearance by the court, authority, or
                party which caused him to be summoned.
                    (f) The Committee on Rules and Administration of the
                Senate and the Committee on House Administration of the
                House of Representatives are authorized to prescribe, for
                employees of their respective Houses, such rules and
                regulations as may be necessary to carry out the provisions
                of this section.
                    (g) No provision of this section shall be construed to
                confer the consent of either House of the Congress to the
                production of official records of that House or to testimony
                by an employee of the House concerning activities related to
                his employment. (Dec. 19, 1970, Pub. L. 91-563, Sec. 6, 84
                Stat. 1478; June 15, 1976, Pub. L. 94-310, Sec. 2, 90 Stat.
                687.)
           312  Sec. 130c. Waiver by Secretary of the Senate of claims of
                    the United States arising out of erroneous payments to
                    Vice President, Senator, or Senate employee whose pay is
                    disbursed by the Secretary of the Senate.
                    (a) A claim of the United States against a person
                arising out of an erroneous payment of any pay or
                allowances, other than travel and transportation expenses
                and allowances, on or after July 25, 1974, to the Vice
                President, a Senator, or to an officer or employee whose pay
                is disbursed by the Secretary of the Senate, the collection
                of which would be against equity and good conscience and not
                in the best interests of the United States, may be waived in
                whole or in part by the Secretary of the Senate, if the
                claim is not the subject of an exception made by the
                Comptroller General in the account of any accountable
                officer or official. An application for waiver shall be
                investigated by the Financial Clerk of the Senate who shall
                submit a written report of his investigation to the
                Secretary of the Senate. An application for waiver of a
                claim in an amount aggregating more than $1,500 shall also
                be investigated by the Comptroller General of the United
                States who shall submit a written report of his
                investigation to the Secretary of the Senate.
                    (b) The Secretary of the Senate may not exercise his
                authority under this section to waive any claim--
                                (1) if, in his opinion, there exists, in
                            connection with the claim, an indication of
                            fraud, misrepresentation, fault, or lack of good
                            faith on the part of the Vice President, the
                            Senator, the officer or employee, or any other
                            person having an interest in obtaining a waiver
                            of the claim; or
                                (2) if the application for waiver is
                            received in his office after the expiration of 3
                            years immediately following the date on which
                            the erroneous payment of pay or allowances was
                            discovered.

    [[Page 321]]

                    (c) In the audit and settlement of accounts of any
                accountable officer or official, full credit shall be given
                for any amounts with respect to which collection by the
                United States is waived under this section.
                    (d) An erroneous payment, the collection of which is
                waived under this section, is deemed a valid payment for all
                purposes.
                    (e) This section does not affect any authority under any
                other law to litigate, settle, compromise, or waive any
                claim of the United States.
                    (f) The Secretary of the Senate shall promulgate rules
                and regulations to carry out the provisions of this section.
                (July 25, 1974, Pub. L. 93-359, Sec. 2, 88 Stat. 394; Aug.
                11, 1993, Pub. L. 103-69, Title III, Sec. 315, 107 Stat.
                713.)
           313  Sec. 130e. Special Services Office.
                    There is established, as a joint office of Congress, the
                Special Services Office, which (under the supervision and
                control of a board, to be known as the Special Services
                Board, comprised of the Sergeant at Arms of the House of
                Representatives, the Sergeant at Arms and Doorkeeper of the
                Senate, and the Architect of the Capitol) shall provide
                special services to Members of Congress, and to officers,
                employees, and guests of Congress. (Pub. L. 101-163, Title
                III, Sec. 310, Nov. 21, 1989, 103 Stat. 1065; Pub. L. 104-
                53, Sec. 112, November 19, 1995.)

                               Chapter 5.--LIBRARY OF CONGRESS

           315  Sec. 131. Collections composing Library; location.
                    The Library of Congress, composed of the books, maps,
                and other publications which on December 1, 1873, remained
                in existence, from the collections theretofore united under
                authority of law and those added from time to time by
                purchase, exchange, donation, reservation from publications
                ordered by Congress, acquisition of material under the
                copyright law, and otherwise, shall be preserved in the
                Library Building. (R.S. Sec. 80; Feb. 19, 1897, ch. 265,
                Sec. 1, 29 Stat. 545, 546; Oct. 19, 1976, Pub. L. 94-553,
                Sec. 105(g), 90 Stat. 2599; Dec. 22, 1987, Pub. L. 100-202,
                Sec. 101(i) [Title III], Sec. 310, 101 Stat. 1329-310.)
           316  Sec. 132. Departments of Library.
                    The Library of Congress shall be arranged in two
                departments, a general library and a law library. (R.S.
                Sec. 81.)
           317  Sec. 132a. Appropriations for increase of general library.
                    The unexpended balance of any sums appropriated by
                Congress for the increase of the general library, together
                with such sums as may hereafter be appropriated to the same
                purpose, shall be paid out under the direction of the Joint
                Committee of Congress on the Library. (R.S. Sec. 82; Feb. 7,
                1902, No. 5, 32 Stat. 735; Aug. 2, 1946, ch. 753, Sec. 223,
                60 Stat. 838.)

                                Cross Reference

                    Librarian of Congress to make rules and regulations for
                government of library, see section 136 of this title (Senate
                Manual section 320).

           318  Sec. 132b. Joint Committee on the Library.

                    The Joint Committee of Congress on the Library shall, on
                and after January 3, 1947, consist of the chairman and four
                members of the

    [[Page 322]]

                Committee on Rules and Administration of the Senate and the
                chairman and four members of the Committee on House
                Administration of the House of Representatives. (Aug. 2,
                1946, ch. 753, Sec. 223, 60 Stat. 838.)
           319  Sec. 133. Joint Committee during recess of Congress.
                    The portion of the Joint Committee of Congress on the
                Library on the part of the Senate remaining in office as
                Senators shall during the recess of Congress exercise the
                powers and discharge the duties conferred by law upon the
                Joint Committee of Congress on the Library. (Mar. 3, 1883,
                ch. 141, Sec. 2, 22 Stat. 592; Aug. 2, 1946, ch. 753,
                Sec. 223, 60 Stat. 838.)
           320  Sec. 136. Librarian of Congress; appointment; rules and
                    regulations.
                    The Librarian of Congress shall be appointed by the
                President, by and with the advice and consent of the Senate.
                He shall make rules and regulations for the government of
                the Library. (Feb. 19, 1897, ch. 265, Sec. 1, 29 Stat. 544,
                546; June 6, 1972, Pub. L. 92-310, Sec. 220(f), 86 Stat.
                204.)

                                      Note

                    Section 904 of Pub. L. 98-63, 97 Stat. 336, July 29,
                1983, provided:
                    Sec. 904. (a) Subject to subsection (b) of this section
                and notwithstanding any other provision of law--
                            (1) the compensation of the Librarian of
                        Congress shall be at an annual rate which is equal
                        to the annual rate of basic pay payable for
                        positions at level III of the Executive Schedule
                        under section 5314 of title 5, United States Code,
                        and
                            (2) the compensation of the Deputy Librarian of
                        Congress shall be at an annual rate which is equal
                        to the annual rate of basic pay payable for
                        positions at level IV of the Executive Schedule
                        under section 5315 of title 5, United States Code.
                    (b) The limitations contained in section 306 of S. 2939,
                Ninety-seventh Congress, as made applicable by section
                101(e) of Public Law 97-276 (as amended by section 128(a) of
                Public Law 97-377), shall, after application of section
                128(b) of Public Law 97-377, be applicable to the
                compensation of the Librarian of Congress and the Deputy
                Librarian of Congress, as fixed by subsection (a) of this
                section.
         320.1  Sec. 136a. Librarian of Congress; compensation.
                    The compensation of the Librarian of Congress shall be
                at an annual rate which is equal to the rate for positions
                at level IV of the Executive Schedule. (Pub. L. 88-426,
                Title II, Sec. 203(c), Aug. 14, 1964, 78 Stat. 415, amended
                Pub. L. 90-206, Title II, Secs. 219(2), 225(h), Dec. 16,
                1967, 81 Stat. 639, 644; Pub L. 94-82, Title II,
                Sec. 204(b), Aug. 9, 1975, 89 Stat. 421.)
         320.2  Sec. 136a-1. Deputy Librarian of Congress; compensation.
                    The compensation of the Deputy Librarian of Congress
                shall be at an annual rate which is equal to the rate for
                positions at level V of the Executive Schedule. (Pub. L. 88-
                426, Title II, Sec. 203(d), Aug. 14, 1964, 78 Stat. 415,
                amended Pub. L. 90-206, Title II, Secs. 219(3), 225(h),
                Dec. 16, 1967, 81 Stat. 639, 644; Pub. L. 94-82, Title II,
                Sec. 204(b), Aug. 9, 1975, 89 Stat. 421.)
           321  Sec. 137a. Persons specially privileged to use Library.
                    Section 94 of the Revised Statutes is now covered by
                last sentence of section 136 of this title, which gave
                Librarian of Congress power to make rules and regulations
                for government of library.

    [[Page 323]]

         321.1                     Joint Committee Report
                    With reference to this section the Joint Committee on
                the Library, in an official report March 3, 1897 (54th
                Cong., 2d Sess., Senate Report 1573) declared:
                    ``Heretofore the Joint Committee on the Library has had
                authority to approve such rules and regulations as have been
                made by the Librarian of Congress, but the provision of law
                under which the Joint Committee has hitherto passed upon
                said rules and regulations would appear to be repealed by
                the more recent act (section 136 of this title) which places
                this power in the hands of the Librarian of Congress.''
           322  Sec. 138. Law library open, when.
                    The law library shall be kept open every day so long as
                either House of Congress is in session. (July 11, 1888, ch.
                615, Sec. 1, 25 Stat. 262.)
           323  Sec. 139. Report of Librarian of Congress.
                    The Librarian of Congress shall make to Congress not
                later than April 1, a report for the preceding fiscal year,
                as to the affairs of the Library of Congress, including the
                copyright business, and said report shall also include a
                detailed statement of all receipts and expenditures on
                account of the Library and said copyright business. (Feb.
                19, 1897, ch. 265, Sec. 1, 29 Stat. 546; April 21, 1976,
                Pub. L. 94-273, Sec. 30, 90 Stat. 380.)
                Sec. 142j. John C. Stennis Center for Public Service
                    Training and Development.
                    From and after October 1, 1988, the Library of Congress
                is authorized to--
                                (1) disburse funds appropriated for the John
                            C. Stennis Center for Public Service Training
                            and Development;
                                (2) compute and disburse the basic pay for
                            all peronnel of the John C. Stennis Center for
                            Public Service Training and Development;
                                (3) provide financial management services
                            and support to the John C. Stennis Center for
                            Public Service Training and Development, in the
                            same manner as provided with respect to the
                            Office of Technology Assessment under section
                            142f of this title; and
                                (4) collect from the funds appropriated for
                            the John C. Stennis Center for Public Service
                            Training and Development the full costs of
                            providing the services specified in (1), (2),
                            and (3) above, as provided under an agreement
                            for services ordered under sections 1535 and
                            1536 of Title 31. (Pub. L. 101-163, Title II,
                            Sec. 205, Nov. 21, 1989, 103 Stat. 1060.)

                                Cross Reference

                    Establishment, purposes, and authority, see Sections
                1101 through 1110 of title 2, United States Code (Senate
                Manual sections 399.50 through 399.59).

           324  Sec. 145. Copies of Journals and Documents.

                    Two copies of the Journals and Documents, and of each
                book printed by either House of Congress, bound as provided
                in sections 501 and 1123 of title 44, shall be deposited in
                the Library. (R.S. Sec. 97.)

    [[Page 324]]

                                Cross References

                    Copies of House and Senate documents to be deposited
                with Library of Congress, see section 701 of title 44,
                United States Code (Senate Manual section 613 and footnote
                thereto).
                    Distribution of printed copies of Journals of Senate and
                House of Representatives, see section 713 of title 44,
                United States Code (Senate Manual section 623).
           325  Sec. 145a. Periodical binding of printed hearings of
                    committee testimony.
                    The Librarian of the Library of Congress is authorized
                and directed to have bound at the end of each session of
                Congress the printed hearings of testimony taken by each
                committee of the Congress at the preceding session. (Aug. 2,
                1946, ch. 753, Sec. 141, 60 Stat. 834.)
           326  Sec. 146. Deposit of Journals of Senate and House.
                    Twenty-five copies of the public Journals of the Senate,
                and of the House of Representatives, shall be deposited in
                the Library of the United States, at the seat of government,
                to be delivered to Members of Congress during any session,
                and to all other persons authorized by law to use the books
                in the Library, upon their application to the librarian, and
                giving their responsible receipts for the same, in like
                manner as for other books. (R.S. Sec. 98.)
           327  Sec. 154. Library of Congress Trust Fund Board; members;
                    quorum; seal; rules and regulations.
                    A board is created and established, to be known as the
                Library of Congress Trust Fund Board (hereinafter referred
                to as the board), which shall consist of the Secretary of
                the Treasury (or an Assistant Secretary designated in
                writing by the Secretary of the Treasury), the chairman of
                the Joint Committee on the Library, the Librarian of
                Congress, two persons appointed by the President for a term
                of five years each (the first appointments being for three
                and five years, respectively), four persons appointed by the
                Speaker of the House of Representatives (in consultation
                with the minority leader of the House of Representatives)
                for a term of five years each (the first appointments being
                for two, three, four, and five years, respectively), and
                four persons appointed by the majority leader of the Senate
                (in consultation with the minority leader of the Senate) for
                a term of five years each (the first appointments being for
                two, three, four, and five years, respectively). Nine
                members of the board shall constitute a quorum for the
                transaction of business, and the board shall have an
                official seal, which shall be judicially noticed. The board
                may adopt rules and regulations in regard to its procedure
                and the conduct of its business. (Mar. 3, 1925, ch. 423,
                Sec. 1, 43 Stat. 1107; May 12, 1978, Pub. L. 95-277, 92
                Stat. 236; Pub. L. 102-246, Secs. 1, 2, 106 Stat. 31.)
           328  Sec. 156. Same; gifts, etc., to.
                    The board is authorized to accept, receive, hold, and
                administer such gifts, bequests, or devices of property for
                the benefit of, or in connection with, the Library, its
                collections, or its service, as may be approved by the board
                and by the Joint Committee on the Library. (Apr. 13, 1936,
                ch. 213, 49 Stat. 1205.)

    [[Page 325]]

           329  Sec. 157. Same; trust funds; management of.
                    The moneys or securities composing the trust funds given
                or bequeathed to the board shall be receipted for by the
                Secretary of the Treasury, who shall invest, reinvest, or
                retain investments as the board may from time to time
                determine. The income as and when collected shall be
                deposited with the Treasurer of the United States, who shall
                enter it in a special account to the credit of the Library
                of Congress and subject to disbursement by the librarian for
                the purposes in each case specified; and the Treasurer of
                the United States is authorized to honor the requisitions of
                the librarian made in such manner and in accordance with
                such regulations as the Treasurer may from time to time
                prescribe: Provided, however, That the board is not
                authorized to engage in any business nor to exercise any
                voting privilege which may be incidential to securities in
                its hands, nor shall the board make any investments that
                could not lawfully be made by a trust company in the
                District of Columbia, except that it may make any
                investments directly authorized by the instrument of gift,
                and may retain any investments accepted by it. (Mar. 3,
                1925, ch. 423, Sec. 2, 43 Stat. 1107; Apr. 13, 1936, ch.
                213, 49 Stat. 1205.)
           330  Sec. 158. Same; deposits with Treasurer of United States.
                    In the absence of any specification to the contrary, the
                board may deposit the principal sum, in cash, with the
                Treasurer of the United States as a permanent loan to the
                Uhited States Treasury, and the Treasurer shall thereafter
                credit such deposit with interest at the rate of 4 per
                centum per annum, payable semi-annually, such interest, as
                income, being subject to disbursement by the Librarian of
                Congress for the purposes specified: Provided, however, That
                the total of such principal sums at any time so held by the
                Treasurer under this authorization shall not exceed the sum
                of $10,000,000. (Mar. 3, 1925, ch. 423, Sec. 2, 43 Stat.
                1107; Apr. 13, 1936, ch. 213, 49 Stat. 1205; June 23, 1936,
                ch. 734, 49 Stat. 1894; July 3, 1962, Pub. L. 87-522, 76
                Stat. 135; May 22, 1976, Pub. L. 94-289, 90 Stat. 521.)
         330.1  Sec. 158a. Temporary possession of gifts of money or
                    securities to Library of Congress; investment.
                    In the case of a gift of money or securities offered to
                the Library of Congress, if, because of conditions attached
                by the donor or similar considerations, expedited action is
                necessary, the Librarian of Congress may take temporary
                possession of the gift, subject to approval under section
                156 of this title. The gift shall be receipted for and
                invested, reinvested, or retained as provided in section 157
                of this title, except that--
                                (1) a gift of securities may not be invested
                            or reinvested; and
                                (2) any investment or reinvestment of a gift
                            of money shall be made in an interest bearing
                            obligation of the United States or an obligation
                            guaranteed as to principal and interest by the
                            United States.

                If the gift is not so approved within the 12-month period
                after the Librarian so takes possession, the principal of
                the gift shall be returned to the donor and any income
                earned during that period shall be available for use with
                respect to the Library of Congress as provided by law. (Mar.
                3, 1925, ch. 423, Sec. 2(par.), as added Feb. 18, 1992, Pub.
                L. 102-246, Sec. 3, 106 Stat. 31.)

    [[Page 326]]

           331  Sec. 159. Same; perpetual succession; suits by or against.
                    The board shall have perpetual succession, with all the
                usual powers and obligations of a trustee, including the
                power to sell, except as herein limited, in respect of all
                property, moneys, or securities which shall be conveyed,
                transferred, assigned, bequeathed, delivered, or paid over
                to it for the purposes above specified. The board may be
                sued in the United States District Court for the District of
                Columbia, which is given jurisdiction of such suits, for the
                purpose of enforcing the provisions of any trust accepted by
                it. (Mar. 3, 1925, ch. 423, Sec. 3, 43 Stat. 1108; Jan. 27,
                1926, ch. 6, Sec. 1, 44 Stat. 2; June 25, 1936, ch. 804, 49
                Stat. 1921; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107.)
           332  Sec. 160. Same; gifts, etc., to Library not affected.
                    Nothing in sections 154-163 of this title shall be
                construed as prohibiting or restricting the Librarian of
                Congress from accepting in the name of the United States
                gifts or bequests of money for immediate disbursement in the
                interest of the Library, its collections, or its service.
                Such gifts or bequests, after acceptance by the librarian,
                shall be paid by the donor or his representative to the
                Treasurer of the United States, whose receipts shall be
                their acquittance. The Treasurer of the United States shall
                enter them in a special account to the credit of the Library
                of Congress and subject to disbursement by the librarian for
                the purposes in each case specified. (Mar. 3, 1925, ch. 423,
                Sec. 4, 43 Stat. 1108.)
           333  Sec. 161. Same; gifts, etc., exempt from Federal taxes.
                    Gifts or bequests or devises to or for the benefit of
                the Library of Congress, including those to the board, and
                the income therefrom, shall be exempt from all Federal
                taxes, including all taxes levied by the District of
                Columbia. (Oct. 2, 1942, ch. 576, 56 Stat. 765.)
           334  Sec. 166. Congressional Research Service.
         334.1      (a) The Legislative Reference Service in the Library of
                Congress is hereby continued as a separate department in the
                Library of Congress and is redesignated the ``Congressional
                Research Service''.
         334.2      (b) It is the policy of Congress that--
                                (1) the Librarian of Congress shall, in
                            every possible way, encourage, assist, and
                            promote the Congressional Research Service in--

                                    (A) rendering to Congress the most
                                effective and efficient service,

                                    (B) responding most expeditiously,
                                effectively, and efficiently to the special
                                needs of Congress, and

                                    (C) discharging its responsibilities to
                                Congress;

                        and
                                (2) the Librarian of Congress shall grant
                            and accord to the Congressional Research Service
                            complete research independence and the maximum
                            practicable administrative independence
                            consistent with these objectives.
         334.3      (c)(1) After consultation with the Joint Committee on
                the Library, the Librarian of Congress shall appoint the
                Director of the Congressional Research Service. The
                compensation of the Director of the Congressional Research
                Service, Library of Congress, shall be at an annual rate
                which is equal to the annual rate of basic pay for positions
                at level IV of the Executive Schedule under section 5315 of
                Title 5.

    [[Page 327]]

                    (2) The Librarian of Congress upon the recommendation of
                the Director, shall appoint a Deputy Director of the
                Congressional Research Service and all other necessary
                personnel thereof. The basic pay of the Deputy Director
                shall be fixed in accordance with chapter 51 (relating to
                classification) and subchapter III (relating to General
                Schedule pay rates) of chapter 53 of title 5, but without
                regard to section 5108(a) of such title. The basic pay of
                all other necessary personnel of the Congressional Research
                Service shall be fixed in accordance with chapter 51
                (relating to classification) and subchapter III (relating to
                General Schedule pay rates) of chapter 53 of title 5, except
                that--
                                (A) the grade of Senior Specialist in each
                            field within the purview of subsection (e) of
                            this section shall not be less than the highest
                            grade in the executive branch of the Government
                            to which research analysts and consultants,
                            without supervisory responsibility, are
                            currently assigned; and
                                (B) the positions of Specialist and Senior
                            Specialist in the Congressional Research Service
                            may be placed in GS-16, 17, and 18 of the
                            General Schedule of section 5332 of title 5,
                            without regard to section 5108(a) of such title,
                            subject to the prior approval of the Joint
                            Committee on the Library, of the placement of
                            each such position in any of such grades.
                    (3) Each appointment made under paragraphs (1) and (2)
                of this subsection and subsection (e) of this section shall
                be without regard to the civil service laws, without regard
                to political affiliation, and solely on the basis of fitness
                to perform the duties of the position.
         334.4      (d) It shall be the duty of the Congressional Research
                Service, without partisan bias--
                                (1) upon request, to advise and assist any
                            committee of the Senate or House of
                            Representatives and any joint committee of
                            Congress in the analysis, appraisal, and
                            evaluation of legislative proposals within that
                            committee's jurisdiction, or of recommendations
                            submitted to Congress, by the President or any
                            executive agency, so as to assist the committee
                            in--

                                    (A) determining the advisability of
                                enacting such proposals;

                                    (B) estimating the probable results of
                                such proposals and alternative thereto; and

                                    (C) evaluating alternative methods for
                                accomplishing those results;

                        and, by providing such other research and analytical
                        services as the committee considers appropriate for
                        these purposes, otherwise to assist in furnishing a
                        basis for the proper evaluation and determination of
                        legislative proposals and recommendations generally;
                        and in the performance of this duty the Service
                        shall have authority, when so authorized by a
                        committee and acting as the agent of that committee,
                        to request of any department or agency of the United
                        States the production of such books, records,
                        correspondence, memoranda, papers, and documents as
                        the Service considers necessary, and such department
                        or agency of the United States shall comply with
                        such request; and, further, in the performance of
                        this and any other relevant duty, the Service shall
                        maintain continuous liaison with all committees;
                                (2) to make available to each committee of
                            the Senate and House of Representatives and each
                            joint committee of the two Houses,

    [[Page 328]]

                            at the opening of a new Congress, a list of
                            programs and activities being carried out under
                            existing law scheduled to terminate during the
                            current Congress, which are within the
                            jurisdiction of the committee;
                                (3) to make available to each committee of
                            the Senate and House of Representatives and each
                            joint committee of the two Houses, at the
                            opening of a new Congress, a list of subjects
                            and policy areas which the committee might
                            profitably analyze in depth;
                                (4) upon request, or upon its own initiative
                            in anticipation of requests, to collect,
                            classify, and analyze in the form of studies,
                            reports, compilations, digests, bulletins,
                            indexes, translations, and otherwise, data
                            having a bearing on legislation, and to make
                            such data available and serviceable to
                            committees and Members of the Senate and House
                            of Representatives and joint committees of
                            Congress;
                                (5) upon request, or upon its own initiative
                            in anticipation of requests, to prepare and
                            provide information, research, and reference
                            materials and services to committees and Members
                            of the Senate and House of Representatives and
                            joint committees of Congress to assist them in
                            their legislative and representative functions;
                                (6) to prepare summaries and digests of
                            bills and resolutions of a public general nature
                            introduced in the Senate or House of
                            Representatives;
                                (7) upon request made by any committee or
                            Member of the Congress, to prepare and transmit
                            to such committee or Member a concise memorandum
                            with respect to one or more legislative measures
                            upon which hearings by any committee of the
                            Congress have been announced, which memorandum
                            shall contain a statement of the purpose and
                            effect of each such measure, a description of
                            other relevant measures of similar purpose or
                            effect previously introduced in the Congress,
                            and a recitation of all action taken theretofore
                            by or within the Congress with respect to each
                            such other measure; and
                                (8) to develop and maintain an information
                            and research capability, to include Senior
                            Specialists, Specialists, other employees, and
                            consultants, as necessary, to perform the
                            functions provided for in this subsection.
         334.5      (e) The Librarian of Congress is authorized to appoint
                in the Congressional Research Service, upon the
                recommendation of the Director, Specialists and Senior
                Specialists in the following broad fields:
                             (1)  agriculture;
                             (2)  American government and public
                                  administration;
                             (3)  American public law;
                             (4)  conservation;
                             (5)  education;
                             (6)  engineering and public works;
                             (7)  housing;
                             (8)  industrial organization and corporation
                                  finance;
                             (9)  international affairs;
                            (10)  international trade and economic
                                  geography;
                            (11)  labor and employment;
                            (12)  mineral economics;
                            (13)  money and banking;

    [[Page 329]]

                            (14)  national defense;
                            (15)  price economics;
                            (16)  science;
                            (17)  social welfare;
                            (18)  taxation and fiscal policy;
                            (19)  technology;
                            (20)  transportation and communications;
                            (21)  urban affairs;
                            (22)  veterans' affairs; and
                            (23)  such other broad fields as the Director
                                  may consider appropriate.

                Such Specialists and Senior Specialists, together with such
                other employees of the Congressional Research Service as may
                be necessary, shall be available for special work with the
                committees and Members of the Senate and House of
                Representatives and the joint committees of Congress for any
                of the purposes of subsection (d) of this section.

         334.6      (f) The Director is authorized--
                                (1) to classify, organize, arrange, group,
                            and divide, from time to time, as he considers
                            advisable, the requests for advice, assistance,
                            and other services submitted to the
                            Congressional Research Service by committees and
                            Members of the Senate and House of
                            Representatives and joint committees of
                            Congress, into such classes and categories as he
                            considers necessary to--

                                    (A) expedite and facilitate the handling
                                of the individual requests submitted by
                                Members of the Senate and House of
                                Representatives,

                                    (B) promote efficiency in the
                                performance of services for committees of
                                the Senate and House of Representatives and
                                joint committees of Congress, and

                                    (C) provide a basis for the efficient
                                performance by the Congressional Research
                                Service of its legislative research and
                                related functions generally,

                        and
                                (2) to establish and change, from time to
                            time, as he considers advisable, within the
                            Congressional Research Service, such research
                            and reference divisions or other organizational
                            units, or both, as he considers necessary to
                            accomplish the purposes of this section.
         334.7      (g) The Director of the Congressional Research Service
                will submit to the Librarian of Congress for review,
                consideration, evaluation, and approval, the budget
                estimates of the Congressional Research Service for
                inclusion in the Budget of the United States Government.
         334.8      (h)(1) The Director of the Congressional Research
                Service may procure the temporary or intermittent assistance
                of individual experts or consultants (including stenographic
                reporters) and of persons learned in particular or
                specialized fields of knowledge--
                                (A) by nonpersonal service contract, without
                            regard to any provision of law requiring
                            advertising for contract bids, with the
                            individual expert, consultant, or other person
                            concerned, as an independent contractor, for the
                            furnishing by him to the Congressional Research
                            Service of a written study, treatise, theme,
                            discourse, dissertation, thesis, summary,
                            advisory opinion, or other end product; or

    [[Page 330]]

                                (B) by employment (for a period of not more
                            than one year) in the Congressional Research
                            Service of the individual expert, consultant, or
                            other person concerned, by personal service
                            contract or otherwise, without regard to the
                            position classification laws, at a rate of pay
                            not in excess of the per diem equivalent of the
                            highest rate of basic pay then currently in
                            effect for the General Schedule of section 5332
                            of title 5, including payment of such rate for
                            necessary travel time.
                    (2) The Director of the Congressional Research Service
                may procure by contract, without regard to any provision of
                law requiring advertising for contract bids, the temporary
                (for respective periods not in excess of one year) or
                intermittent assistance of educational, research, or other
                organizations of experts and consultants (including
                stenographic reporters) and of educational, research, and
                other organizations of persons learned in particular or
                specialized fields of knowledge.
         334.9      (i) The Director of the Congressional Research Service
                shall prepare and file with the Joint Committee on the
                Library at the beginning of each regular session of Congress
                a separate and special report covering, in summary and in
                detail, all phases of activity of the Congressional Research
                Service for the immediately preceding fiscal year.
        334.10      (j) There are hereby authorized to be appropriated to
                the Congressional Research Service each fiscal year such
                sums as may be necessary to carry on the work of the
                Service. (Aug. 2, 1946, ch. 753, Sec. 203(a)(b), 60 Stat.
                836; Oct. 28, 1949, ch. 782, Sec. 1106(a), 63 Stat. 972;
                Oct. 26, 1970, Pub. L. 91-510, Sec. 321, 84 Stat. 1181; as
                amended Nov. 14, 1985, Pub. L. 99-151, Sec. 104, 99 Stat.
                802; Dec. 19, 1985, Pub. L. 99-190, Sec. 133, 99 Stat.
                1322.)

                                      Note

                    The provision under the heading ``Library of Congress''
                and the subheadings ``Congressional Research Service'' and
                ``Salaries and Expenses'' contained in the Joint Resolution
                entitled ``Joint Resolution making further continuing
                appropriations for the fiscal year 1988, and for other
                purposes'', approved December 22, 1987 (101 Stat. 1329-303),
                provided, in part, that:
                    ``. . . Notwithstanding any other provision of law, the
                compensation for the Director of the Congressional Research
                Service, Library of Congress, shall be at an annual rate
                which is equal to the annual rate of basic pay for positions
                at level IV of the Executive Schedule under section 5315 of
                title 5, United States Code.''

                     Chapter 6.--CONGRESSIONAL AND COMMITTEE PROCEDURE:
                                       INVESTIGATIONS

           348  Sec. 191. Oaths to witnesses.
                    The President of the Senate, the Speaker of the House of
                Representatives, or a chairman of any joint committee
                established by a joint or concurrent resolution of the two
                Houses of Congress, or of a committee of the whole, or of
                any committee of either House of Congress, is empowered to
                administer oaths to witnesses in any case under their
                examination.
                    Any Member of either House of Congress may administer
                oaths to witnesses in any matter depending in either House
                of Congress of which he is a Member, or any committee
                thereof. (June 26, 1884, ch. 123, 23 Stat. 60; June 22,
                1938, ch. 594, 52 Stat. 942, 943.)

    [[Page 331]]

           349  Sec. 192. Refusal of witness to testify.
                    Every person who having been summoned as a witness by
                the authority of either House of Congress to give testimony
                or to produce papers upon any matter under inquiry before
                either House, or any joint committee established by a joint
                or concurrent resolution of the two Houses of Congress, or
                any committee of either House of Congress willfully makes
                default, or who, having appeared, refuses to answer any
                question pertinent to the question under inquiry, shall be
                deemed guilty of a misdemeanor, punishable by a fine of not
                more than $1,000 nor less than $100 and imprisonment in a
                common jail for not less than one month nor more than twelve
                months. (June 22, 1938, ch. 594, 52 Stat. 942.)
           350  Sec. 193. Privilege of witnesses.
                    No witness is privileged to refuse to testify to any
                fact, or to produce any paper, respecting which he shall be
                examined by either House of Congress, or by any joint
                committee established by a joint or concurrent resolution of
                the two Houses of Congress, or by any committee of either
                House, upon the ground that his testimony to such fact or
                his production of such paper may tend to disgrace him or
                otherwise render him infamous. (June 22, 1938, ch. 594, 52
                Stat. 942.)
           351  Sec. 194. Witnesses failing to testify or produce records.
                    Whenever a witness summoned as mentioned in section 192
                of this title fails to appear to testify or fails to produce
                any books, papers, records, or documents, as required, or
                whenever any witness so summoned refuses to answer any
                question pertinent to the subject under inquiry before
                either House, or any joint committee established by a joint
                or concurrent resolution of the two Houses of Congress, or
                any committee or subcommittee of either House of Congress,
                and the fact of such failure or failures is reported to
                either House while Congress is in session, or when Congress
                is not in session, a statement of fact constituting such
                failure is reported to and filed with the President of the
                Senate or the Speaker of the House, it shall be the duty of
                the said President of the Senate or Speaker of the House, as
                the case may be, to certify, and he shall so certify, the
                statement of facts aforesaid under the seal of the Senate or
                House, as the case may be, to the appropriate United States
                attorney, whose duty it shall be to bring the matter before
                the grand jury for its action. (June 22, 1938, ch. 594, 52
                Stat. 942.)
         351.5  Sec. 194a. Request by congressional committees to
                    Presidential appointees to Federal departments,
                    agencies, etc., concerned with foreign countries as
                    multilateral organizations for expression of views and
                    opinions.
                    Upon the request of a committee of either House of
                Congress, a joint committee of Congress, or a member of such
                committee, any officer or employee of the Department of
                State, the United States Information Agency, the Agency for
                International Development, the United States Arms Control
                and Disarmament Agency, or any other department, agency, or
                independent establishment of the United States Government
                primarily concerned with matters relating to foreign
                countries or multilateral organizations, may express his
                views and opinions, and make recommendations he considers
                appropriate, if the request of the committee

    [[Page 332]]

                or member of the committee relates to a subject which is
                within the jurisdiction of that committee. (July 13, 1972,
                Pub. L. 92-352, Sec. 502, 86 Stat. 496; Oct. 18, 1973, Pub.
                L. 93-126, Sec. 17, 87 Stat. 455.)
         351.6  Sec. 194b. Competitiveness impact statement.
                    (a) The President or the head of the appropriate
                department or agency of the Federal Government shall include
                in every recommendation or report made to the Congress on
                legislation which may affect the ability of United States
                firms to compete in domestic and international commerce a
                statement of the impact of such legislation on--
                                (1) the international trade and public
                            interest of the United States, and
                                (2) the ability of United States firms
                            engaged in the manufacture, sale, distribution,
                            or provision of goods or services to compete in
                            foreign or domestic markets.
                    (b) This section provides no private right of action as
                to the need for or adequacy of the statement required by
                subsection (a).
                    (c) This section shall cease to be effective six years
                from August 23, 1988. (August 23, 1988, Pub. L. 100-418,
                Sec. 5421, 102 Stat. 1468.)
           352  Sec. 195a. Restriction on payment of witness fees or travel
                    and subsistence expenses to persons subpenaed by
                    Congressional committees.
                    No part of any appropriation disbursed by the Secretary
                of the Senate shall be available hereafter for the payment
                to any person, at the time of the service upon him of a
                subpena requiring his attendance at any inquiry or hearing
                conducted by any committee of the Congress or of the Senate
                or any subcommittee of any such committee, of any witness
                fee or any sum of money as an advance payment of any travel
                or subsistence expense which may be incurred by such person
                in responding to that subpena. (July 12, 1960, Pub. L. 86-
                628, 74 Stat. 449.)
         352.5  Sec. 195b. Fees for witnesses requested to appear before
                    Majority Policy Committee or Minority Policy Committee.
                    Any witness requested to appear before the Majority
                Policy Committee or the Minority Policy Committee shall be
                entitled to a witness fee for each full day spent in
                traveling to and from the place at which he is to appear,
                and reimbursement of actual and necessary transportation
                expenses incurred in traveling to and from that place, at
                rates not to exceed those rates paid witnesses appearing
                before committees of the Senate. (Aug. 13, 1974, Pub. L. 93-
                371, Sec. 101(7), 88 Stat. 431.)
           353  Sec. 196. Senate resolutions for investigations; limit of
                    cost.
                    Senate resolutions providing for inquiries and
                investigations shall contain a limit of cost of such
                investigation, which limit shall not be exceeded except by
                vote of the Senate authorizing additional amounts. (Mar. 3,
                1926, ch. 44, Sec. 1, 44 Stat. 162.)
           354  Sec. 198. Adjournment.
                    (a) Unless otherwise provided by the Congress the two
                Houses shall--
                                (1) adjourn sine die not later than July 31
                            of each year; or
                                (2) in the case of an odd-numbered year,
                            provide, not later than July 31 of such year, by
                            concurrent resolution adopted in each House by
                            rollcall vote, for the adjournment of the two
                            Houses from that Friday in August which occurs
                            at least thirty days before the first

    [[Page 333]]

                            Monday in September (Labor Day) of such year to
                            the second day after Labor Day.
                    (b) This section shall not be applicable in any year if
                on July 31 of such year a state of war exists pursuant to a
                declaration of war by the Congress. (Aug. 2, 1946, ch. 753,
                Sec. 132, 60 Stat. 831; Oct. 26, 1970, Pub. L. 91-510,
                Sec. 461, 84 Stat. 1193.)

                Secs. 261-270 Repealed.
                    Lobbying provisions are now codified at Chapter 26. See
                Senate Manual Sec. 399.90. (Dec. 19, 1995, Pub. L. 104-65,
                109 Stat. 691.)

                          Chapter 9.--OFFICE OF LEGISLATIVE COUNSEL

           390  Sec. 271. Creation of Office.
                    There shall be in the Senate an office to be known as
                the Office of the Legislative Counsel, and to be under the
                direction of the Legislative Counsel of the Senate. (Feb.
                24, 1919, c. 18, Sec. 1303(a), (d), 40 Stat. 1141; June 2,
                1924, c. 234, Sec. 1101, 43 Stat. 353.)
           391  Sec. 272. Appointment of Legislative Counsel;
                    qualifications.
                    The Legislative Counsel shall be appointed by the
                President pro tempore of the Senate, without reference to
                political affiliations and solely on the ground of fitness
                to perform the duties of the office. (Feb. 24, 1919, c. 18,
                Sec. 1303(a), (d), 40 Stat. 1141; June 2, 1924, c. 234,
                Sec. 1101, 43 Stat. 353; Sept. 20, 1941, c. 412, Title VI,
                Sec. 602, 55 Stat. 726.)
           392  Sec. 273. Compensation of Legislative Counsel.
                    The Legislative Counsel of the Senate shall be paid at
                an annual rate of compensation of $40,000. (Feb. 24, 1919,
                c. 18, Sec. 1303(d), as added June 2, 1924, c. 234,
                Sec. 1101, 43 Stat. 353, and amended June 18, 1940, c. 396,
                Sec. 1, 54 Stat. 472; Sept. 20, 1941, c. 412, Title VI,
                Sec. 602, 55 Stat. 726; Oct. 15, 1949, c. 695, Sec. 6(c), 63
                Stat. 881; Aug. 5, 1955, c. 568, Secs. 9, 101, 69 Stat.
                509, 514; July 1, 1957, Pub. L. 85-75, Sec. 101, 71 Stat.
                250; Aug. 14, 1964, Pub. L. 88-426, Title II, Sec. 203(g),
                78 Stat. 415; Aug. 13, 1974, Pub. L. 93-371, Sec. 101(4), 88
                Stat. 429; July 25, 1975, Pub. L. 94-59, Title I, Sec. 105,
                89 Stat. 275.)
           393  Sec. 274. Assistant Legislative Counsel; clerks and
                    employees; office equipment and supplies.
                    The Legislative Counsel shall, subject to the approval
                of the President pro tempore of the Senate, employ and fix
                the compensation of such Assistant Counsel, clerks, and
                other employees, and purchase such furniture, office
                equipment, books, stationery, and other supplies, as may be
                necessary for the proper performance of the duties of the
                Office and as may be appropriated for by Congress. (Feb. 24,
                1919, c. 18, Sec. 1303(a), (d), 40 Stat. 1141; June 2, 1924,
                c. 234, Sec. 1101, 43 Stat. 353; Sept. 20, 1941, c. 412,
                Title VI, Sec. 602, 55 Stat. 726.)
           394  Sec. 275. Duties of Office; rules and regulations.
                    The Office of the Legislative Counsel shall aid in
                drafting public bills and resolutions or amendments thereto
                on the request of any committee of the Senate, but the
                Committee on Rules and Administration of the Senate, may
                determine the preference, if any, to be given to such
                requests of the committees of the Senate. The Legislative
                Counsel shall,

    [[Page 334]]

                from time to time, prescribe rules and regulations for the
                conduct of the work of the Office for the committees of the
                Senate, subject to the approval of such Committee on Rules
                and Administration. (Feb. 24, 1919, c. 18, Sec. 1303(b),
                (d), 40 Stat. 1141; June 2, 1924, c. 234, Sec. 1101, 43
                Stat. 353; Aug. 2, 1946, c. 753, Title I, Secs. 102,
                121, 60 Stat. 814, 822.)
           395  Sec. 276. Disbursement of appropriations.
                    All appropriations for the Office of the Legislative
                Counsel shall be disbursed by the Secretary of the Senate.
                (Feb. 24, 1919, c. 18, Sec. 1303(c), (d), 40 Stat. 1141;
                June 2, 1924, c. 234, Sec. 1101, 43 Stat. 353.)
         395.1  Sec. 276a. Same; Office expenses.
                    With the approval of the President pro tempore of the
                Senate, the Legislative Counsel of the Senate may make such
                expenditures as may be necessary or appropriate for the
                functioning of the Office of the Legislative Counsel of the
                Senate. (July 1, 1983, Pub. L. 98-51, sec. 106, 97 Stat.
                267.)
         395.2  Sec. 276b. Same; Travel expenses.
                    Funds expended by the Legislative Counsel of the Senate
                or the Senate Legal Counsel for travel and related expenses
                shall be subject to the same regulations and limitations
                (insofar as they are applicable) as those which the Senate
                Committee on Rules and Administration prescribes for
                application to travel and related expenses for which payment
                is authorized to be made from the contingent fund of the
                Senate. (July 14, 1983, Pub. L. 98-51, sec. 106, 97 Stat.
                267.)

                         Chapter 9D.--OFFICE OF SENATE LEGAL COUNSEL

           396  Sec. 288. Office of Senate Legal Counsel.
         396.1  (a) Establishment; appointment of Counsel and Deputy
                    Counsel; Senate approval; reappointment; compensation.
                    (1) There is established, as an office of the Senate,
                the Office of Senate Legal Counsel (hereinafter referred to
                as the ``Office''), which shall be headed by a Senate Legal
                Counsel (hereinafter referred to as the ``Counsel''); and
                there shall be a Deputy Senate Legal Counsel (hereinafter
                referred to as the ``Deputy Counsel'') who shall perform
                such duties as may be assigned to him by the Counsel and
                who, during any absence, disability, or vacancy in the
                position of the Counsel, shall serve as Acting Senate Legal
                Counsel.
                    (2) The Counsel and the Deputy Counsel each shall be
                appointed by the President pro tempore of the Senate from
                among recommendations submitted by the majority and minority
                leaders of the Senate. Any appointment made under this
                paragraph shall be made without regard to political
                affiliation and solely on the basis of fitness to perform
                the duties of the position. Any person appointed as Counsel
                or Deputy Counsel shall be learned in the law, a member of
                the bar of a State or the District of Columbia, and shall
                not engage in any other business, vocation, or employment
                during the term of such appointment.
                    (3) (A) Any appointment made under paragraph (2) shall
                become effective upon approval by resolution of the Senate.
                The Counsel and the Deputy Counsel shall each be appointed
                for a term of service which shall expire at the end of the
                Congress following the Congress during

    [[Page 335]]

                which the Counsel or Deputy Counsel, respectively, is
                appointed except that the Senate may, by resolution, remove
                either the Counsel or the Deputy Counsel prior to the
                termination of any term of service. The Counsel and the
                Deputy Counsel may be reappointed at the termination of any
                term of service.
                    (B) The first Counsel and the first Deputy Counsel shall
                be appointed, approved, and begin service within ninety days
                after the effective date of this title, and thereafter the
                Counsel and Deputy Counsel shall be appointed, approved, and
                begin service within thirty days after the beginning of the
                session of the Congress immediately following the
                termination of a Counsel's or Deputy Counsel's term of
                service or within sixty days after a vacancy occurs in
                either position.
                    (4) The Counsel shall receive compensation at a rate
                equal to the annual rate of basic pay for level III of the
                Executive Schedule under section 5314 of Title 5. The Deputy
                Counsel shall receive compensation at a rate equal to the
                annual rate of basic pay for level IV of the Executive
                Schedule under section 5315 of Title 5.
         396.2  (b) Assistant counsels and other personnel; compensation;
                    appointment; removal.
                    (1) The Counsel shall select and fix the compensation of
                such Assistant Senate Legal Counsels (hereinafter referred
                to as ``Assistant Counsels'') and of such other personnel,
                within the limits of available funds, as may be necessary to
                carry out the provisions of this chapter and may prescribe
                the duties and responsibilities of such personnel. The
                compensation fixed for each Assistant Counsel shall not be
                in excess of a rate equal to the annual rate of basic pay
                for level V of the Executive Schedule under section 5316 of
                Title 5. Any selection made under this paragraph shall be
                made without regard to political affiliation and solely on
                the basis of fitness to perform the duties of the position.
                Any individual selected as an Assistant Counsel shall be
                learned in the law, a member of the bar of a State or the
                District of Columbia, and shall not engage in any other
                business, vocation, or employment during his term of
                service. The Counsel may remove any individual appointed
                under this paragraph.
                    (2) For purposes of pay (other than the rate of pay of
                the Counsel and Deputy Counsel) and employment benefits,
                right, and privileges, all personnel of the Office shall be
                treated as employees of the Senate.
         396.3  (c) Consultants.
                    In carrying out the functions of the Office, the Counsel
                may procure the temporary (not to exceed one year) or
                intermittent services of individual consultants (including
                outside counsel), or organizations thereof, in the same
                manner and under the same conditions as a standing committee
                of the Senate may procure such services under section 72a(i)
                of this title.
         396.4  (d) Policies and procedures.
                    The Counsel may establish such policies and procedures
                as may be necessary to carry out the provisions of this
                chapter.
         396.5  (e) Delegation of duties.
                    The Counsel may delegate authority for the performance
                of any function imposed by this chapter except any function
                imposed upon the Counsel under section 288e(b) of this
                title.

    [[Page 336]]

         396.6  (f) Attorney-client relationship.
                    The Counsel and other employees of the Office shall
                maintain the attorney-client relationship with respect to
                all communications between them and any Member, officer, or
                employee of the Senate. (Oct. 26, 1978, Pub. L. 95-521,
                Title VII, Sec. 701, 92 Stat. 1875.)
         396.7  Sec. 288a. Senate Joint Leadership Group.
       396.7-1  (a) Accountability of office.
                    The Office shall be directly accountable to the Joint
                Leadership Group in the performance of the duties of the
                Office.
       396.7-2  (b) Membership.
                    For purposes of this chapter, the Joint Leadership Group
                shall consist of the following Members:
                                (1) The President pro tempore (or if he so
                            designates, the Deputy President pro tempore) of
                            the Senate.
                                (2) The majority and minority leaders of the
                            Senate.
                                (3) The chairman and ranking minority member
                            of the committee on the Judiciary of the Senate.
                                (4) The chairman and ranking minority member
                            of the committee of the Senate which has
                            jurisdiction over the contingent fund of the
                            Senate.
       396.7-3  (c) Assistance of Secretary of Senate.
                    (c) The Joint Leadership Group shall be assisted in the
                performance of its duties by the Secretary of the Senate.
                (Oct. 26, 1978, Pub. L. 95-521, Title VII, Sec. 702, 92
                Stat. 1877.)
         396.8  Sec. 288b. Requirements for authorizing representation
                    activity.
       396.8-1  (a) Direction of Joint Leadership Group or Senate
                    resolution.
                    The Counsel shall defend the Senate or a committee,
                subcommittee, Member, officer, or employee of the Senate
                under section 288c of this title only when directed to do so
                by two-thirds of the Members of the Joint Leadership Group
                or by the adoption of a resolution by the Senate.
       396.8-2  (b) Civil action to enforce subpena.
                    The Counsel shall bring a civil action to enforce a
                subpena of the Senate or a committee or subcommittee of the
                Senate under section 288d of this title only when directed
                to do so by the adoption of a resolution by the Senate.
       396.8-3  (c) Intervention or appearance.
                    The Counsel shall intervene or appear as amicus curiae
                under section 288e of this title only when directed to do so
                by a resolution adopted by the Senate when such intervention
                or appearance is to be made in the name of the Senate or in
                the name of an officer, committee, subcommittee, or chairman
                of a committee or subcommittee of the Senate.
       396.8-4  (d) Immunity proceedings.
                    The Counsel shall serve as the duly authorized
                representative in obtaining an order granting immunity under
                section 288f of this title of--

    [[Page 337]]

                                (1) the Senate when directed to do so by an
                            affirmative vote of a majority of the Members
                            present of the Senate; or
                                (2) a committee or subcommittee of the
                            Senate when directed to do so by an affirmative
                            vote of two-thirds of the members of the full
                            committee.
       396.8-5  (e) Resolution recommendations.
                    (e) The Office shall make no recommendation with respect
                to the consideration of a resolution under this section.
                (Oct. 26, 1978, Pub. L. 95-521, Title VII, Sec. 703, 92
                Stat. 1877.)
         396.9  Sec. 288c. Defending the Senate, committee, subcommittee,
                    member, officer, or employee of the Senate.
                    (a) Except as otherwise provided in subsection (b) of
                this section, when directed to do so pursuant to section
                288b(a) of this title, the Counsel shall--
                                (1) defend the Senate, a committee,
                            subcommittee, Member, officer, or employee of
                            the Senate in any civil action pending in any
                            court of the United States or of a State or
                            political subdivision thereof, in which the
                            Senate, such committee, subcommittee, Member,
                            officer, or employee is made a party defendant
                            and in which there is placed in issue the
                            validity of any proceeding of, or action,
                            including issuance of any subpena or order,
                            taken by the Senate, or such committee,
                            subcommittee, Member, officer, or employee in
                            its or his official or representative capacity;
                            or
                                (2) defend the Senate or a committee,
                            subcommittee, Member, officer, or employee of
                            the Senate in any proceeding with respect to any
                            subpena or order directed to the Senate or such
                            committee, subcommittee, Member, officer, or
                            employee in its or his official or
                            representative capacity.
                    (b) Representation of a Member, officer, or employee
                under subsection (a) of this section shall be undertaken by
                the Counsel only upon the consent of such Member, officer,
                or employee. (Oct. 26, 1978, Pub. L. 95-521, Title VII,
                Sec. 704, 92 Stat. 1877.)
        396.10  Sec. 288d. Enforcement of Senate subpena or order.
      396.10-1  (a) Institution of civil actions.
                    When directed to do so pursuant to section 288b(b) of
                this title, the Counsel shall bring a civil action under any
                statute conferring jurisdiction on any court of the United
                States (including section 1365 of Title 28), to enforce, to
                secure a declaratory judgment concerning the validity of, or
                to prevent a threatened failure or refusal to comply with,
                any subpena or order issued by the Senate or a committee or
                a subcommittee of the Senate authorized to issue a subpena
                or order.
      396.10-2  (b) Actions in name of committees and subcommittees.
                    Any directive to the Counsel to bring a civil action
                pursuant to subsection (a) of this section in the name of a
                committee or subcommittee of the Senate shall, for such
                committee or subcommittee, constitute authorization to bring
                such action within the meaning of any statute conferring
                jurisdiction on any court of the United States.

    [[Page 338]]

      396.10-3  (c) Consideration of resolutions authorizing actions.
                    It shall not be in order in the Senate to consider a
                resolution to direct the Counsel to bring a civil action
                pursuant to subsection (a) of this section in the name of a
                committee or subcommittee unless--
                                (1) such resolution is reported by a
                            majority of the members voting, a majority being
                            present, of such committee or committee of which
                            such subcommittee is a subcommittee, and
                                (2) the report filed by such committee or
                            committee of which such subcommittee is a
                            subcommittee contains a statement of--

                                    (A) the procedure followed in issuing
                                such subpena;

                                    (B) the extent to which the party
                                subpenaed has complied with such subpena;

                                    (C) any objections or privileges raised
                                by the subpenaed party; and

                                    (D) the comparative effectiveness of
                                bringing a civil action under this section,
                                certification of a criminal action for
                                contempt of Congress, and initiating a
                                contempt proceeding before the Senate.

      396.10-4  (d) Rules of Senate.
                    The provisions of subsection (c) of this section are
                enacted--
                                (1) as an exercise of the rulemaking power
                            of the Senate, and, as such, they shall be
                            considered as part of the rules of the Senate,
                            and such rules shall supersede any other rule of
                            the Senate only to the extent that rule is
                            inconsistent therewith; and
                                (2) with full recognition of the
                            constitutional right of the Senate to change
                            such rules (so far as relating to the procedure
                            in the Senate) at any time, in the same manner,
                            and to the same extent as in the case of any
                            other rule of the Senate.
      396.10-5  (e) Committee reports.
                    A report filed pursuant to subsection (c)(2) of this
                section shall not be receivable in any court of law to the
                extent such report is in compliance with such subsection.
      396.10-6  (f) Certification of failure to testify; contempt.
                    Nothing in this section shall limit the discretion of--
                                (1) the President pro tempore of the Senate
                            in certifying to the United States Attorney for
                            the District of Columbia any matter pursuant to
                            section 194 of this title; or
                                (2) the Senate to hold any individual or
                            entity in contempt of the Senate.

                (Oct. 26, 1978, Pub. L. 95-521, Title VII, Sec. 705(a)-(e),
                (g), 92 Stat. 1878, 1880; Pub. L. 99-336, Sec. 6(a)(2), June
                19, 1986, 100 Stat. 639.)

        396.11  Sec. 288e. Intervention or appearance.
      396.11-1  (a) Actions or proceedings.
                    When directed to do so pursuant to section 288b(c) of
                this title, the Counsel shall intervene or appear as amicus
                curiae in the name of the Senate, or in the name of an
                officer, committee, subcommittee, or chairman of a committee
                or subcommittee of the Senate in any legal action or
                proceeding pending in any court of the United States or of a
                State or political subdivision thereof in which the powers
                and responsibilities of Congress under the Constitution of
                the United States are

    [[Page 339]]

                placed in issue. The Counsel shall be authorized to
                intervene only if standing to intervene exists under section
                2 of article III of the Constitution of the United States.
      396.11-2  (b) Notification; publication.
                    The Counsel shall notify the Joint Leadership Group of
                any legal action or proceeding in which the Counsel is of
                the opinion that intervention or appearance as amicus curiae
                under subsection (a) of this section is in the interest of
                the Senate. Such notification shall contain a description of
                the legal action or proceeding together with the reasons
                that the Counsel is of the opinion that intervention or
                appearance as amicus curiae is in the interest of the
                Senate. The Joint Leadership Group shall cause said
                notification to be published in the Congressional Record for
                the Senate.
      396.11-3  (c) Powers and responsibilities of Congress.
                    The Counsel shall limit any intervention or appearance
                as amicus curiae in an action or proceeding to issues
                relating to the powers and responsibilities of Congress.
                (Oct. 26, 1978, Pub. L. 95-521, Title VII, Sec. 706, 92
                Stat. 1880.)
        396.12  Sec. 288f. Immunity proceedings.
                    When directed to do so pursuant to section 288b(d) of
                this title, the Counsel shall serve as the duly authorized
                representative of the Senate or a committee or subcommittee
                of the Senate in requesting a United States district court
                to issue an order granting immunity pursuant to section 6005
                of title 18. (Oct. 26, 1978, Pub. L. 95-521, Title VII,
                Sec. 707, 92 Stat. 1880.)
        396.13  Sec. 288g. Advisory and other functions.
      396.13-1  (a) Cooperation with persons, committees, subcommittees, and
                    offices.
                    The Counsel shall advise, consult, and cooperate with--
                                (1) the United States Attorney for the
                            District of Columbia with respect to any
                            criminal proceeding for contempt of Congress
                            certified by the President pro tempore of the
                            Senate pursuant to section 194 of this title;
                                (2) the committee of the Senate with the
                            responsibility to identify any court proceeding
                            or action which is of vital interest to the
                            Senate;
                                (3) the Comptroller General, the General
                            Accounting Office, the Office of Legislative
                            Counsel of the Senate, and the Congressional
                            Research Service, except that none of the
                            responsibilities and authority assigned by this
                            chapter to the Counsel shall be construed to
                            affect or infringe upon any functions, powers,
                            or duties of the aforementioned;
                                (4) any Member, officer, or employee of the
                            Senate not represented under section 288c of
                            this title with regard to obtaining private
                            legal counsel for such Member, officer, or
                            employee;
                                (5) the President pro tempore of the Senate,
                            the Secretary of the Senate, the Sergeant-at-
                            Arms of the Senate, and the Parliamentarian of
                            the Senate, regarding any subpena, order, or
                            request for withdrawal of papers presented to
                            the Senate which raises a question of the
                            privileges of the Senate; and

    [[Page 340]]

                                (6) any committee or subcommittee of the
                            Senate in promulgating and revising their rules
                            and procedures for the use of congressional
                            investigative powers and with respect to
                            questions which may arise in the course of any
                            investigation.
      396.13-2  (b) Legal research files.
                    The Counsel shall compile and maintain legal research
                files of materials from court proceedings which have
                involved Congress, a House of Congress, an office or agency
                of Congress, or any committee, subcommittee, Member,
                officer, or employee of Congress. Public court papers and
                other research memoranda which do not contain information of
                a confidential or privileged nature shall be made available
                to the public consistent with any applicable procedures set
                forth in such rules of the Senate as may apply and the
                interests of the Senate.
      396.13-3  (c) Miscellaneous duties.
                    The Counsel shall perform such other duties consistant
                with the purposes and limitations of this chapter as the
                Senate may direct. (Oct. 26, 1978, Pub. L. 95-521, Title
                VII, Sec. 708, 92 Stat. 1880.)
        396.14  Sec. 288h. Defense of certain constitutional powers.
                    In performing any function under this chapter, the
                Counsel shall defend vigorously when placed in issue--
                                (1) the constitutional privilege from arrest
                            or from being questioned in any other place for
                            any speech or debate under section 6 of article
                            I of the Constitution of the United States;
                                (2) the constitutional power of the Senate
                            to be judge of the elections, returns, and
                            qualifications of its own Members and to punish
                            or expel a Member under section 5 of article I
                            of the Constitution of the United States;
                                (3) the constitutional power of the Senate
                            to except from publication such parts of its
                            journal as in its judgment may require secrecy;
                                (4) the constitutional power of the Senate
                            to determine the rules of its proceedings;
                                (5) the constitutional power of Congress to
                            make all laws as shall be necessary and proper
                            for carrying into execution the constitutional
                            powers of Congress and all other powers vested
                            by the Constitution in the Government of the
                            United States, or in any department or office
                            thereof;
                                (6) all other constitutional powers and
                            responsibilities of the Senate or of Congress;
                            and
                                (7) the constitutionality of Acts and joint
                            resolutions of the Congress.

                (Oct. 26, 1978, Pub. L. 95-521, Title VII, Sec. 709, 92
                Stat. 1881.)

        396.15  Sec. 288i. Representation conflict or inconsistency.
      396.15-1  (a) Notification.
                    In the carrying out of the provisions of this chapter,
                the Counsel shall notify the Joint Leadership Group, and any
                party represented or person affected, of the existence and
                nature of any conflict or inconsistency between the
                representation of such party or person and the carrying out
                of any other provision of this chapter or compliance with
                professional standards and responsibilities.

    [[Page 341]]

      396.15-2  (b) Solution; publication in Congressional Record; review.
                    Upon receipt of such notification, the members of the
                Joint Leadership Group shall recommend the action to be
                taken to avoid or resolve the conflict or inconsistency. If
                such recommendation is made by a two-thirds vote, the
                Counsel shall take such steps as may be necessary to resolve
                the conflict or inconsistency as recommended. If not, the
                members of the Joint Leadership Group shall cause the
                notification of conflict or inconsistency and recommendation
                with respect to resolution thereof to be published in the
                Congressional Record of the Senate. If the Senate does not
                direct the Counsel within fifteen days from the date of
                publication in the Record to resolve the conflict in another
                manner, the Counsel shall take such action as may be
                necessary to resolve the conflict or incon- sistency as
                recommended. Any instruction or determination made pursuant
                to this subsection shall not be reviewable in any court of
                law.
      396.15-3  (c) Computation of period following publication.
                    For purposes of the computation of the fifteen-day
                period in subsection (b) of this section--
                                (1) continuity of session is broken only by
                            an adjournment of Congress sine die; and
                                (2) the days on which the Senate is not in
                            session because of an adjournment of more than
                            three days to a date certain are excluded.
      396.15-4  (d) Reimbursement.
                    The Senate may by resolution authorize the reimbursement
                of any Member, officer, or employee of the Senate who is not
                represented by the Counsel for fees and costs, including
                attorneys' fees, reasonably incurred in obtaining
                representation. Such reimbursement, shall be from funds
                appropriated to the contingent fund of the Senate. (Oct. 26,
                1978, Pub. L. 95-521, Title VII, Sec. 710, 92 Stat. 1882.)
        396.16  Sec. 288j. Consideration of resolutions to direct counsel.
      396.16-1  (a) Procedure; rules.
                    (1) A resolution introduced pursuant to section 288b of
                this title shall not be referred to a committee, except as
                otherwise required under section 288d(c) of this title. Upon
                introduction, or upon being reported if required under
                section 288d(c) of this title, whichever is later, it shall
                at any time thereafter be in order (even though a previous
                motion to the same effect has been disagreed to) to move to
                proceed to the consideration of such resolution. A motion to
                proceed to the consideration of a resolution shall be highly
                privileged and not debatable. An amendment to such motion
                shall not be in order, and it shall not be in order to move
                to reconsider the vote by which such motion is agreed to.
                    (2) With respect to a resolution pursuant to section
                288b(a) of this title, the following rules apply:
                                (A) If the motion to proceed to the
                            consideration of the resolution is agreed to,
                            debate thereon shall be limited to not more than
                            ten hours, which shall be divided equally
                            between, and controlled by, those favoring and
                            those opposing the resolution. A motion further
                            to limit debate shall not be debatable. No
                            amendment to the resolution shall be in order.
                            No motion to recommit the resolution shall

    [[Page 342]]

                            be in order, and it shall not be in order to
                            reconsider the vote by which the resolution is
                            agreed to.
                                (B) Motions to postpone, made with respect
                            to the consideration of the resolution, and
                            motions to proceed to the consideration of other
                            business, shall be decided without debate.
                                (C) All appeals from the decisions of the
                            Chair relating to the application of the rules
                            of the Senate to the procedure relating to the
                            resolution shall be decided without debate.
      396.16-2  (b) Definition.
                    For purposes of this chapter, other than section 288b of
                this title, the term ``committee'' includes standing,
                select, and special committees of the Senate established by
                law or resolution.
      396.16-3  (c) Rules of the Senate.
                    The provisions of this section are enacted--
                                (1) as an exercise of the rulemaking power
                            of the Senate, and, as such, they shall be
                            considered as part of the rules of the Senate,
                            and such rules shall supersede any other rule of
                            the Senate only to the extent that rule is
                            inconsistent therewith; and
                                (2) with full recognition of the
                            constitutional right of the Senate to change
                            such rules at any time, in the same manner, and
                            to the same extent as in the case of any other
                            rule of the Senate. (Oct. 26, 1978, Pub. L. 95-
                            521, Title VII, Sec. 711, 92 Stat. 1882.)
        396.17  Sec. 288k. Attorney General relieved of responsibility.
                    (a) Upon receipt of written notice that the Counsel has
                undertaken, pursuant to section 288c(a) of this title, to
                perform any representational service with respect to any
                designated party in any action or proceeding pending or to
                be instituted, the Attorney General shall--
                                (1) be relieved of any responsibility with
                            respect to such representational service;
                                (2) have no authority to perform such
                            service in such action or proceeding except at
                            the request or with the approval of the Senate;
                            and
                                (3) transfer all materials relevant to the
                            representation authorized under section 288c(a)
                            of this title to the Counsel, except that
                            nothing in this subsection shall limit any right
                            of the Attorney General under existing law to
                            intervene or appear as amicus curiae in such
                            action or proceeding.
                    (b) The Attorney General shall notify the Counsel with
                respect to any proceeding in which the United States is a
                party of any determination by the Attorney General or
                Solicitor General not to appeal any court decision affecting
                the constitutionality of an Act or joint resolution of
                Congress within such time as will enable the Senate to
                direct the Counsel to intervene as a party in such
                proceeding pursuant to section 288e of this title. (Oct. 26,
                1978, Pub. L. 95-521, Title VII, Sec. 712, 92 Stat. 1883.)
        396.18  Sec. 288l. Procedural provisions.
      396.18-1  (a) Intervention or appearance.
                    Permission to intervene as a party or to appear as
                amicus curiae under section 288e of this title shall be of
                right and may be denied by a court only upon an express
                finding that such intervention or appear-

    [[Page 343]]

                ance is untimely and would significantly delay the pending
                action or that standing to intervene has not been
                established under section 2 of article III of the
                Constitution of the United States.
      396.18-2  (b) Compliance with admission requirements.
                    The Counsel, the Deputy Counsel, or any designated
                Assistant Counsel or counsel specially retained by the
                Office shall be entitled, for the purpose of performing his
                functions under this chapter, to enter an appearance in any
                proceeding before any court of the United States or of a
                State or political subdivision thereof without compliance
                with any requirement for admission to practice before such
                court, except that the authorization conferred by this su
                apply with respect to the admission of any such person to
                practice before the United States Supreme Court.
      396.18-3  (c) Standing to sue; jurisdiction.
                    Nothing in this chapter shall be cohapter shall be
                construed to confer standing on any party seeking to bring,
                or jurisdiction on any court with respect to, any civil or
                criminal action against Congress, either House of Congress,
                a Member of Congress, a committee or subcommittee of a House
                of Congress, any office or agency of Congress, or any office
                or employee of a House of Congress or any office or agency
                of Congress. (Oct. 26, 1978, Pub. L. 95-521, Title VII,
                Sec. 713, 92 Stat. 1883.)
        396.19  Sec. 288m. Contingent fund.
                    The expenses of the Office shall be paid from the
                contingent fund of the Senate in accordance with section 68
                of this title, and upon vouchers approved by the Counsel.
                (Oct. 26, 1978, Pub. L. 95-521, Title VII, Sec. 716, 92
                Stat. 1885.)

                  Chapter 11.--CITIZENS' COMMISSION ON PUBLIC SERVICE AND
                                        COMPENSATION

           398  Sec. 351. Citizens' Commission on Public Service and
                    Compensation.
                    There is hereby established a commission to be known as
                the Citizen's Commission on Public Service and Compensation
                (hereinafter referred to as the ``Commission''). (Dec. 16,
                1967, Pub. L. 90-206, Sec. 225(a), 81 Stat. 642; Pub. L.
                101-194, Title VII, Sec. 701(a)(1), Nov. 30, 1989, 103 Stat.
                1763.)
         398.1  Sec. 352. Membership.
                    (1) The Commission shall be composed of 11 members, who
                shall be appointed from private life, as follows:
                                (A) 2 appointed by the President of the
                            United States;
                                (B) 1 appointed by the President pro tempore
                            of the Senate, upon the recommendation of the
                            majority and minority leaders of the Senate;
                                (C) 1 appointed by the Speaker of the House
                            of Representatives;
                                (D) 2 appointed by the Chief Justice of the
                            United States; and
                                (E) 5 appointed by the Administrator of
                            General Services in accordance with paragraph
                            (4).
                    (2) No person shall serve as a member of the Commission
                who is--
                                (A) an officer or employee of the Federal
                            Government;

    [[Page 344]]

                                (B) registered (or required to register)
                            under the Federal Regulation of Lobbying Act [2
                            U.S.C.A. Sec. 261 et seq.]; or
                                (C) a parent, sibling, spouse, child, or
                            dependent relative, of anyone under subparagraph
                            (A) or (B).
                    (3) The persons appointed under subparagraphs (A)
                through (D) of paragraph (1) shall be selected without
                regard to political affiliation, and should be selected from
                among persons who have experience or expertise in such areas
                as government, personnel management, or public
                administration.
                    (4) The Administrator of General Services shall by
                regulation establish procedures under which persons shall be
                selected for appointment under paragraph (1)(E). Such
                procedures--
                                (A) shall be designed in such a way so as to
                            provide for the maximum degree of geographic
                            diversity practicable among members under
                            paragraph (1)(E);
                                (B) shall include provisions under which
                            those members shall be chosen by lot from among
                            names randomly selected from voter registration
                            lists; and
                                (C) shall otherwise comply with applicable
                            provisions of this subsection.
                    (5) The chairperson shall be designated by the
                President.
                    (6) A vacancy in the membership of the Commission shall
                be filled in the manner in which the original appointment
                was made.
                    (7) Each member of the Commission shall be paid at the
                rate of $100 for each day such member is engaged upon the
                work of the Commission and shall be allowed travel expenses,
                including a per diem allowance, in accordance with section
                5703 of Title 5, when engaged in the performance of services
                for the Commission.
                    (8)(A) The terms of office of persons first appointed as
                members of the Commission shall be for the period of the
                1993 fiscal year of the Federal Government, and shall begin
                not later than February 14, 1993.
                    (B) After the close of the 1993 fiscal year of the
                Federal Government, persons shall be appointed as members of
                the Commission with respect to every fourth fiscal year
                following the 1993 fiscal year. The terms of office of
                persons so appointed shall be for the period of the fiscal
                year with respect to which the appointment is made, except
                that, if any appointment is made after the beginning and
                before the close of any such fiscal year, the term of office
                based on such appointment shall be for the remainder of such
                fiscal year.
                    (C)(i) Notwithstanding any provision of subparagraph (A)
                or (B), members of the Commission may continue to serve
                after the close of a fiscal year, if the date designated by
                the President under section 357 of this title (relating to
                the date by which the Commission is to submit its report to
                the President) is subsequent to the close of such fiscal
                year, and only if or to the extent necessary to allow the
                Commission to submit such report.
                    (ii) Notwithstanding any provision of section 353 of
                this title, authority under such subsection shall remain
                available, after the close of a fiscal year, so long as
                members of the Commission continue to serve. (Dec. 16, 1967,
                Pub. L. 90-206, Sec. 225(b), 81 Stat. 642; Dec. 19, 1985,
                Pub. L. 99-190, Sec. 135(a), 99 Stat. 1322; Pub. L. 99-190,
                Sec. 135(a), Dec. 19, 1985, 99 Stat. 1322; Pub. L. 101-194
                Title VII, Sec. 701(b), Nov. 30, 1989, 103 Stat. 1763.)

    [[Page 345]]

         398.2  Sec. 353. Executive Director; additional personnel; detail
                    of personnel of other agencies.
                    (1) Without regard to the provisions of title 5
                governing appointments in the competitive service, and the
                provisions of chapter 51 and subchapter III of chapter 53 of
                such title, relating to classification and General Schedule
                pay rates, and on a temporary basis for periods covering all
                or part of any fiscal year referred to in subparagraphs (A)
                and (B) of section 352(8) of this title--
                                (A) the Commission is authorized to appoint
                            an Executive Director and fix his basic pay at
                            the rate provided for level V of the Executive
                            Schedule by section 5316 of title 5; and
                                (B) with the approval of the Commission, the
                            Executive Director is authorized to appoint and
                            fix the basic pay (at respective rates not in
                            excess of the maximum rate of the General
                            Schedule in section 5332 of title 5) of such
                            additional personnel as may be necessary to
                            carry out the function of the Commission.
                    (2) Upon the request of the Commission, the head of any
                department, agency, or establishment of any branch of the
                Federal Government is authorized to detail, on a
                reimbursable basis, for periods covering all or part of any
                fiscal year referred to in subparagraphs (A) and (B) of
                section 352(8) of this title, any of the personnel of such
                department, agency, or establishment to assist the
                Commission in carrying out its function. (Dec. 16, 1967,
                Pub. L. 90-206, Sec. 225(c), 81 Stat. 643; Pub. L. 101-194,
                Title VII, Sec. 701(c), Nov. 30, 1989, 103 Stat. 1764.)
         398.3  Sec. 354. Use of United States mails by Commission.
                    The Commission may use the United States mails in the
                same manner and upon the same conditions as other
                departments and agencies of the United States. (Dec. 16,
                1967, Pub. L. 90-206, Sec. 225(d), 81 Stat. 643.)
         398.4  Sec. 355. Administrative support services.
                    The Administrator of General Services shall provide
                administrative support services for the Commission on a
                reimbursable basis. (Dec. 16, 1967, Pub. L. 90-206,
                Sec. 225(e), 81 Stat. 643.)
         398.5  Sec. 356. Functions of Commission.
                    The Commission shall conduct, in each of the respective
                fiscal years referred to in subparagraphs (A) and (B) of
                section 352 (8) of this title, a review of the rates of pay
                of--
                                (A) the Vice President of the United States,
                            Senators, Members of the House of
                            Representatives, the Resident Commissioner from
                            Puerto Rico, the Speaker of the House of
                            Representatives, the President pro tempore of
                            the Senate, and the Majority and Minority
                            Leaders of the Senate and the House of
                            Representatives;
                                (B) offices and positions in the legislative
                            branch referred to in sections 136a and 136a-1
                            of this title, sections 42a and 51a of title 31,
                            sections 162a and 166b of title 40, and section
                            39a of title 44;
                                (C) justices, judges, and other personnel in
                            the judicial branch referred to in section 403
                            of the Federal Judicial Salary Act of 1964 (78
                            Stat. 434; Public Law 88-426) except bankruptcy
                            judges, but including the judges of the United
                            States Court of Federal Claims;

    [[Page 346]]

                                (D) offices and positions under the
                            Executive Schedule in subchapter II of chapter
                            53 of title 5; and
                                (E) the Governors of the Board of Governors
                            of the United States Postal Service appointed
                            under section 202 of title 39.

                Such review by the Commission shall be made for the purpose
                of determining and providing--

                                (i) the appropriate pay levels and
                            relationships between and among the respective
                            offices and positions covered by such review,
                            and
                                (ii) the appropriate pay relationships
                            between such offices and positions and the
                            offices and positions subject to the provisions
                            of chapter 51 and subchapter III of chapter 53
                            of title 5, relating to classification and
                            General Schedule pay rates.

                In reviewing the rates of pay of the offices or positions
                referred to in subparagraph (D) of this subsection, the
                Commission shall determine and consider the appropriateness
                of the executive levels of such offices and positions. (Dec.
                16, 1967, Pub. L. 90-206, Sec. 225(f), 81 Stat. 643; Aug.
                12, 1970, Pub. L. 91-375, Sec. 6(a), 84 Stat. 775; Aug. 9,
                1975, Pub. L. 94-82, Sec. 206(a), 89 Stat. 423; Nov. 6,
                1978, Pub. L. 95-598, Sec. 301, 92 Stat. 2673; Pub. L. 97-
                164, Sec. 143, Apr. 2, 1982, 96 Stat. 45; Dec. 19, 1985,
                Pub. L. 99-190; Sec. 135(b), 99 Stat. 1322; Pub. L. 101-194,
                Title VII, Sec. 701(a) Nov. 30, 1989, 103 Stat. 1764.)

         398.6  Sec. 357. Report by Commission to the President with respect
                    to pay.
                    The Commission shall submit to the President a report of
                the results of each review conducted by the Commission with
                respect to rates of pay for the offices and positions within
                the purview of subparagraphs (A), (B), (C), and (D) of
                section 356 of this title, together with its
                recommendations. Each such report shall be submitted on such
                date as the President may designate but not later than
                December 15 next following the close of the fiscal year in
                which the review is conducted by the Commission. (Dec. 16,
                1967, Pub. L. 90-206, Sec. 225(g), 81 Stat. 644; Dec. 15,
                1985, Pub. L. 99-190, Sec. 135(c), 99 Stat. 1322; Pub. L.
                99-190, Sec. 135(c), Dec. 19, 1985, 99 Stat. 1322; Pub. L.
                101-194, Title VII, Sec. 701(e), Nov. 30, 1989, 103 Stat.
                1764.)
         398.7  Sec. 358. Recommendations of the President with respect to
                    pay.
                    (1) After considering the report and recommendations of
                the Commission submitted under section 357 of this title,
                the President shall transmit to Congress his recommendations
                with respect to the exact rates of pay, for offices and
                positions within the purview of subparagraphs (A), (B), (C),
                and (D) of section 356 of this title, which the President
                considers to be fair and reasonable in light of the
                Commission's report and recommendations, the prevailing
                market value of the services rendered in the offices and
                positions involved the overall economic condition of the
                country, and the fiscal condition of the Federal Government.
                    (2) The President shall transmit his recommendations
                under this subsection to Congress on the first Monday after
                January 3 of the first calendar year beginning after the
                date on which the Commission submits its report and
                recommendations to the President under section 357 of this
                Title. (Dec. 16, 1967, Pub. L. 90-206, Sec. 225(h), 81 Stat.
                644; Dec. 19, 1985, Pub. L. 99-190, Sec. 135(a), 99 Stat.
                1322; Pub. L. 99-190,

    [[Page 347]]

                Sec. 135(d), Dec. 19, 1985, 99 Stat. 1322; Pub. L. 101-194,
                Title VII, Sec. 701(f), Nov. 30, 1989, 103 Stat. 1765.)
         398.8  Sec. 359. Effective date of recommendations of the
                    President.
                    (1) None of the President's recommendations under
                section 358 of this title shall take effect unless approved
                under paragraph (2).
                    (2)(A) The recommendations of the President under
                section 358 of this title shall be considered approved under
                this paragraph if there is enacted into law a bill or joint
                resolution approving such recommendations in their entirety.
                This bill or joint resolution shall be passed by recorded
                vote to reflect the vote of each Member of Congress thereon.
                    (B)(i) The provisions of this subparagraph are enacted
                by the Congress--
                                (I) as an exercise of the rulemaking power
                            of the Senate and the House of Representatives
                            and as such shall be considered as part of the
                            rules of each House, and shall supersede other
                            rules only to the extent that they are
                            inconsistent therewith; and
                                (II) with full recognition of the
                            constitutional right of either House to change
                            the rules (so far as they relate to the
                            procedures of that House) at any time in the
                            same manner, and to the same extent as in the
                            case of any other rule of that House.
                    (ii) During the 60-calendar-day period beginning on the
                date that the President transmits his recommendations to the
                Congress under section 358 of this Title, it shall be in
                order as a matter of highest privilege in each House of
                Congress to consider a bill or joint resolution, if offered
                by the majority leader of such House (or a designee),
                approving such recommendations in their entirety.
                    (3) Except as provided in paragraph (4), any recommended
                pay adjustment approved under paragraph (2) shall take
                effect as of the date proposed by the President under
                section 358 of this Title with respect to such adjustment.
                    (4)(A) Notwithstanding the approval of the President's
                pay recommendations in accordance with paragraph (2), none
                of those recommendations shall take effect unless, between
                the date on which the bill or resolution approving those
                recommendations is signed by the President (or otherwise
                becomes law) and the earliest date as of which the President
                proposes (under section 358 of this Title) that any of those
                recommendations take effect, an election of Representatives
                shall have intervened.
                    (B) For purposes of this paragraph, the term ``election
                of Representatives'' means an election held on the Tuesday
                following the first Monday of November in any even-numbered
                calendar year. (Dec. 16, 1967, Pub. L. 90-206, Sec. 225(i),
                81 Stat. 644; Apr. 12, 1977, Pub. L. 95-19, Sec. 401, 91
                Stat. 45; Dec. 19, 1985, Pub. L. 99-190, Sec. 135(e), 99
                Stat. 1322; Pub. L. 101-194, Title VII, Sec. 701(g), Nov.
                30, 1989, 103 Stat. 1765.)
         398.9  Sec. 360. Effect of Presidential recommendations on existing
                    law and prior recommendations.
                    The recommendations of the President taking effect as
                provided in subsection (i) of this section shall be held and
                considered to modify, supersede, or render inapplicable, as
                the case may be, to the extent inconsistent therewith--
                                 (A) all provisions of law enacted prior to
                            the effective date or dates of all or part (as
                            the case may be) of such recommendations

    [[Page 348]]

                            (other than any provision of law enacted with
                            respect to such recommendations in the period
                            beginning on the date the President transmits
                            his recommendations to the Congress under
                            section 358 of this title and ending on the date
                            of their approval under section 359(2) of this
                            title, and
                                (B) any prior recommendations of the
                            President which effect under this chapter. (Dec.
                            16, 1967, Pub. L. 90-206, Sec. 225(j), 81 Stat.
                            644; Apr. 12, 1977, Pub. L. 95-19, Sec. 401, 91
                            Stat. 46; Dec. 19, 1985, Pub. L. 95-190,
                            Sec. 135(f), 99 Stat. 1322; Pub. L. 99-190,
                            Sec. 135(f), Dec. 19, 1985, 99 Stat. 1322; Pub.
                            L. 101-194, Title VII, (Sec. 701(h), Nov. 30,
                            1989, 103 Stat. 1766.)

        398.10  Sec. 361. Publication of recommendations.

                    The recommendations of the President which take effect
                shall be printed in the Statutes at Large in the same volume
                as public laws and shall be printed in the Federal Register
                and included in the Code of Federal Regulations. (Dec. 16,
                1967, Pub. L. 90-206, Sec. 225(k), 81 Stat. 644.)

                                      Note

                    Section 135(g) of Public Law 99-190 (99 Stat. 1323, Dec.
                19, 1985) provides that the Commission shall not make
                recommendations on rates of pay in connection with the
                review of rates of pay conducted in fiscal year 1985 except
                for the rates of pay of the Governors of the Board of Postal
                Service.
        398.11  Sec. 362. Requirements applicable to recommendations.
                    Notwithstanding any other provision of this chapter, the
                recommendations submitted by the Commission to the President
                under section 357 of this title, and the recommendations
                transmitted by the President to the Congress under section
                358 of this title shall be in conformance with the
                following:
                                (1) Any recommended pay adjustment shall
                            specify the date as of which it is proposed that
                            such adjustment take effect.
                                (2) The proposed effective date of a pay
                            adjustment may occur no earlier than January 1
                            of the second fiscal year, and not later than
                            December 31 next following the close of the
                            fifth fiscal year, beginning after the fiscal
                            year in which the Commission conducts its review
                            under section 356 of this title.
                                (3)(A)(i) The rates of pay recommended for
                            the Speaker of the House of Representatives, the
                            Vice President of the United States, and the
                            Chief Justice of the United States,
                            respectively, shall be equal.
                                (ii) The rates of pay recommended for the
                            majority and minority leaders of the Senate and
                            the House of Representatives, the President pro
                            tempore of the Senate, and each office or
                            position under section 5312 of Title 5,
                            (relating to level I of the Executive Schedule),
                            respectively, shall be equal.
                                (iii) The rates of pay recommended for a
                            Senator, a Member of the House of
                            Representatives, the Resident Commissioner from
                            Puerto Rico, a Delegate to the House of
                            Representatives, a judge of a district court of
                            the United States, a judge of the United States
                            Court of International Trade, and each office or
                            position under section 5313 of Title 5,
                            (relating to level II of the Executive
                            Schedule), respectively, shall be equal.

    [[Page 349]]

                                (B) Nothing in this subsection shall be
                            considered to require that the rate recommended
                            for any office or position by the President
                            under section 358 of this title be the same as
                            the rate recommended for such office or position
                            by the Commission under section 357 of this
                            title. (Pub. L. 90-206, Title II, Sec. 225(l),
                            as added Pub. L. 101-194, Title VII,
                            Sec. 701(i), Nov. 30, 1989, 103 Stat. 1766.)
                Sec. 363. Additional function.
                    The Commission shall, whenever it conducts a review
                under section 356 of this title, also conduct a review under
                this section relating to any recruitment or retention
                problems, and any public policy issues involved in
                maintaining appropriate ethical standards, with respect to
                any offices or positions within the Federal public service.
                Any findings or recommendations under this section shall be
                included by the Commission as part of its report to the
                President under section 357 of this title. (Pub. L. 90-206,
                Title II, Sec. 225(m), as added Pub. L. 101-194, Title VII,
                Sec. 701(j), Nov. 30, 1989, 103 Stat. 1767.)
                Sec. 364. Provision relating to certain other pay
                    adjustments.
                    (1) A provision of law increasing the rate of pay
                payable for an office or position within the purview of
                subparagraph (A), (B), (C), or (D) of section 356 of this
                title shall not take effect before the beginning of the
                Congress following the Congress during which such provision
                is enacted.
                    (2) For purposes of this section, a provision of law
                enacted during the period beginning on the Tuesday following
                the first Monday of November of an even-numbered year of any
                Congress and ending at noon on the following January 3 shall
                be considered to have been enacted during the first session
                of the following Congress.
                    (3) Nothing in this section shall be considered to apply
                wtih respect to any pay increase--
                                (A) which takes effect under the preceding
                            subsections of this section;
                                (B) which is based on a change in the
                            Employment Cost Index (as determined under
                            section 704(a)(1) of the Ethics Reform Act of
                            1989) or which is in lieu of any pay adjustment
                            which might otherwise be made in a year based on
                            a change in such index (as so determined); or
                                (C) which takes effect under section 702 or
                            703 of the Ethics Reform Act of 1989. (Pub. L.
                            90-206, Title II, Sec. 225(n), as added Pub. L.
                            101-194, Title VII, Sec. 701(k), Nov. 30, 1989,
                            103 Stat. 1767.)

       399     Chapter 13.--JOINT COMMITTEE ON CONGRESSIONAL OPERATIONS

                                      Note

                    No funds have been appropriated for the Joint Committee
                on Congressional Operations since September 30, 1977, and
                the Joint Committee has ceased to function.

                           Chapter 14.--FEDERAL ELECTION CAMPAIGNS

                     Subchapter I.--Disclosure of Federal Campaign Funds

                Sec. 431. Definitions.
                    When used in this Act:

    [[Page 350]]

                    (1) The term ``election'' means--
                                (A) a general, special, primary, or runoff
                            election;
                                (B) a convention or caucus of a political
                            party which has authority to nominate a
                            candidate;
                                (C) a primary election held for the
                            selection of delegates to a national nominating
                            convention of a political party; and
                                (D) a primary election held for the
                            expression of a preference for the nomination of
                            individuals for election to the office of
                            President.
                    (2) The term ``candidate'' means an individual who seeks
                nomination for election, or election, to Federal office, and
                for purposes of this paragraph, an individual shall be
                deemed to seek nomination for election, or election--
                                (A) if such individual has received
                            contributions aggregating in excess of $5,000 or
                            has made expenditures aggregating in excess of
                            $5,000; or
                                (B) if such individual has given his or her
                            consent to another person to receive
                            contributions or make expenditures on behalf of
                            such individual and if such person has received
                            such contributions aggregating in excess of
                            $5,000 or has made such expenditures aggregating
                            in excess of $5,000.
                    (3) The term ``Federal office'' means the office of
                President or Vice President, or of Senator or Representative
                in, or Delegate or Resident Commissioner to, the Congress.
                    (4) The term ``political committee'' means--
                                (A) any committee, club, association, or
                            other group of persons which receives
                            contributions aggregating in excess of $1,000
                            during a calendar year or which makes
                            expenditures aggregating in excess of $1,000
                            during a calendar year; or
                                (B) any separate segregated fund established
                            under the provisions of section 441b(b) of this
                            title; or
                                (C) any local committee of a political party
                            which receives contributions aggregating in
                            excess of $5,000 during a calendar year, or
                            makes payments exempted from the definition of
                            contribution or expenditure as defined in
                            paragraphs (8) and (9) of this section
                            aggregating in excess of $5,000 during a
                            calendar year, or makes contributions
                            aggregating in excess of $1,000 during a
                            calendar year or makes expenditures aggregating
                            in excess of $1,000 during a calendar year.
                    (5) The term ``principal campaign committee'' means a
                political committee designated and authorized by a candidate
                under section 432(e)(1) of this title.
                    (6) The term ``authorized committee'' means the
                principal campaign committee or any other political
                committee authorized by a candidate under section 432(e)(1)
                of this title to receive contributions or make expenditures
                on behalf of such candidate.
                    (7) The term ``connected organization'' means any
                organization which is not a political committee but which
                directly or indirectly establishes, administers, or
                financially supports a political committee.
                    (8)(A) The term ``contribution'' includes--
                                (i) any gift, subscription, loan, advance,
                            or deposit of money or anything of value made by
                            any person for the purpose of influencing any
                            election for Federal office; or

    [[Page 351]]

                                (ii) the payment by any person of
                            compensation for the personal services of
                            another person which are rendered to a political
                            committee without charge for any purpose.
                    (B) The term ``contribution'' does not include--
                                (i) the value of services provided without
                            compensation by any individual who volunteers on
                            behalf of a candidate or political committee;
                                (ii) the use of real or personal property,
                            including a church or community room used on a
                            regular basis by members of a community for
                            noncommercial purposes, and the cost of
                            invitations, food, and beverages, voluntarily
                            provided by an individual to any candidate or
                            any political committee of a political party in
                            rendering voluntary personal services on the
                            individual's residential premises or in the
                            church or community room for candidate-related
                            or political party-related activities, to the
                            extent that the cumulative value of such
                            invitations, food, and beverages provided by
                            such individual on behalf of any single
                            candidate does not exceed $1,000 with respect to
                            any single election, and on behalf of all
                            political committees of a political party does
                            not exceed $2,000 in any calendar year;
                                (iii) the sale of any food or beverage by a
                            vendor for use in any candidate's campaign or
                            for use by or on behalf of any political
                            committee of a political party at a charge less
                            than the normal comparable charge, if such
                            charge is at least equal to the cost of such
                            food or beverage to the vendor, to the extent
                            that the cumulative value of such activity by
                            such vendor on behalf of any single candidate
                            does not exceed $1,000 with respect to any
                            single election, and on behalf of all political
                            committees of a political party does not exceed
                            $2,000 in any calendar year;
                                (iv) any unreimbursed payment for travel
                            expenses made by any individual on behalf of any
                            candidate or any political committee of a
                            political party, to the extent that the
                            cumulative value of such activity by such
                            individual on behalf of any single candidate
                            does not exceed $1,000 with respect to any
                            single election, and on behalf of all political
                            committees of a political party does not exceed
                            $2,000 in any calendar year;
                                (v) the payment by a State or local
                            committee of a political party of the costs of
                            preparation, display, or mailing or other
                            distribution incurred by such committee with
                            respect to a printed slate card or sample
                            ballot, or other printed listing, of 3 or more
                            candidates for any public office for which an
                            election is held in the State in which such
                            committee is organized, except that this clause
                            shall not apply to any cost incurred by such
                            committee with respect to a display of any such
                            listing made on broadcasting stations, or in
                            newspapers, magazines, or similar types of
                            general public political advertising;
                                (vi) any payment made or obligation incurred
                            by a corporation or a labor organization which,
                            under section 441b(b) of this title, would not
                            constitute an expenditure by such corporation or
                            labor organization;
                                (vii) any loan of money by a State bank, a
                            federally chartered depository institution, or a
                            depository institution the deposits or accounts
                            of which are insured by the Federal Deposit
                            Insurance Corporation, Federal Savings and Loan
                            Insurance Corporation, or

    [[Page 352]]

                            the National Credit Union Administration, other
                            than any overdraft made with respect to a
                            checking or savings account, made in accordance
                            with applicable law and in the ordinary course
                            of business, but such loan--

                                    (I) shall be considered a loan by each
                                endorser or guarantor, in that proportion of
                                the unpaid balance that each endorser or
                                guarantor bears to the total number of
                                endorsers or guarantors;

                                    (II) shall be made on a basis which
                                assures repayment, evidenced by a written
                                instrument, and subject to a due date or
                                amortization schedule; and

                                    (III) shall bear the usual and customary
                                interest rate of the lending institution;

                                (viii) any gift, subscription, loan,
                            advance, or deposit of money or anything of
                            value to a national or a State committee of a
                            political party specifically designated to
                            defray any cost for construction or purchase of
                            any office facility not acquired for the purpose
                            of influencing the election of any candidate in
                            any particular election for Federal office;
                                (ix) any legal or accounting services
                            rendered to or on behalf of--

                                    (I) any political committee of a
                                political party if the person paying for
                                such services is the regular employer of the
                                person rendering such services and if such
                                services are not attributable to activities
                                which directly further the election of any
                                designated candidate to Federal office; or

                                    (II) an authorized committee of a
                                candidate or any other political committee,
                                if the person paying for such services is
                                the regular employer of the individual
                                rendering such services and if such services
                                are solely for the purpose of ensuring
                                compliance with this Act or chapter 95 or
                                chapter 96 of Title 26,

                        but amounts paid or incurred by the regular employer
                        for such legal or accounting services shall be
                        reported in accordance with section 434(b) of this
                        title by the committee receiving such services;
                                (x) the payment by a State or local
                            committee of a political party of the costs of
                            campaign materials (such as pins, bumper
                            stickers, handbills, brochures, posters, party
                            tabloids, and yard signs) used by such committee
                            in connection with volunteer activities on
                            behalf of nominees of such party: Provided,
                            That--

                                    (1) such payments are not for the costs
                                of campaign materials or activities used in
                                connection with any broadcasting, newspaper,
                                magazine, billboard, direct mail, or similar
                                type of general public communication or
                                political advertising;

                                    (2) such payments are made from
                                contributions subject to the limitations and
                                prohibitions of this Act; and

                                    (3) such payments are not made from
                                contributions designated to be spent on
                                behalf of a particular candidate or
                                particular candidates;

                                (xi) the payment by a candidate, for
                            nomination or election to any public office
                            (including State or local office), or authorized
                            committee of a candidate, of the costs of
                            campaign materials which include information on
                            or reference to any other candidate and which
                            are used in connection with volunteer activities
                            (including

    [[Page 353]]

                            pins, bumper stickers, handbills, brochures,
                            posters, and yard signs, but not including the
                            use of broadcasting, newspapers, magazines,
                            billboards, direct mail, or similar types of
                            general public communication or political
                            advertising); Provided, That such payments are
                            made from contributions subject to the
                            limitations and prohibitions of this Act;
                                (xii) the payment by a State or local
                            committee of a political party of the costs of
                            voter registration and get-out-the-vote
                            activities conducted by such committee on behalf
                            of nominees of such party for President and Vice
                            President: Provided, That--

                                    (1) such payments are not for the costs
                                of campaign materials or activities used in
                                connection with any broadcasting, newspaper,
                                magazine, billboard, direct mail, or similar
                                type of general public communication or
                                political advertising;

                                    (2) such payments are made from
                                contributions subject to the limitations and
                                prohibitions of this Act; and

                                    (3) such payments are not made from
                                contributions designated to be spent on
                                behalf of a particular candidate or
                                candidates;

                                (xiii) payments made by a candidate or the
                            authorized committee of a candidate as a
                            condition of ballot access and payments received
                            by any political party committee as a condition
                            of ballot access; and
                                (xiv) any honorarium (within the meaning of
                            section 441i of this title).
                    (9)(A) The term ``expenditure'' includes--
                                (i) any purchase, payment, distribution,
                            loan, advance, deposit, or gift of money or
                            anything of value, made by any person for the
                            purpose of influencing any election for Federal
                            office; and
                                (ii) a written contract, promise, or
                            agreement to make an expenditure.
                    (B) The term ``expenditure'' does not include--
                                (i) any news story, commentary, or editorial
                            distributed through the facilities of any
                            broadcasting station, newspaper, magazine, or
                            other periodical publication, unless such
                            facilities are owned or controlled by any
                            political party, political committee, or
                            candidate;
                                (ii) nonpartisan activity designed to
                            encourage individuals to vote or to register to
                            vote;
                                (iii) any communication by any membership
                            organization or corporation to its members,
                            stockholders, or executive or administrative
                            personnel, if such membership organization or
                            corporation is not organized primarily for the
                            purpose of influencing the nomination for
                            election, or election, of any individual to
                            Federal office, except that the costs incurred
                            by a membership organization (including a labor
                            organization) or by a corporation directly
                            attributable to a communication expressly
                            advocating the election or defeat of a clearly
                            identified candidate (other than a communication
                            primarily devoted to subjects other than the
                            express advocacy of the election or defeat of a
                            clearly identified candidate), shall, if such
                            costs exceed $2,000 for any election, be
                            reported to the Commission in accordance with
                            section 434(a)(4)(A)(i) of this title, and in
                            accordance with section 434(a)(4)(A)(ii) of this
                            title with respect to any general election;
                                (iv) the payment by a State or local
                            committee of a political party of the costs of
                            preparation, display, or mailing or other
                            distribution

    [[Page 354]]

                            incurred by such committee with respect to a
                            printed slate card or sample ballot, or other
                            printed listing, of 3 of more candidates for any
                            public office for which an election is held in
                            the State in which such committee is organized,
                            except that this clause shall not apply to costs
                            incurred by such committee with respect to a
                            display of any such listing made on broadcasting
                            stations, or in newspapers, magazines, or
                            similar types of general public political
                            advertising;
                                (v) any payment made or obligation incurred
                            by a corporation or a labor organization which,
                            under section 441b(b) of this title, would not
                            constitute an expenditure by such corporation or
                            labor organization;
                                (vi) any costs incurred by an authorized
                            committee or candidate in connection with the
                            solicitation of contributions on behalf of such
                            candidate, except that this clause shall not
                            apply with respect to costs incurred by an
                            authorized committee of a candidate in excess of
                            an amount equal to 20 percent of the expenditure
                            limitation applicable to such candidate under
                            section 441a(b) of this title, but all such
                            costs shall be reported in accordance with
                            section 434(b) of this title;
                                (vii) the payment of compensation for legal
                            or accounting services--

                                    (I) rendered to or on behalf of any
                                political committee of a political party if
                                the person paying for such services is the
                                regular employer of the individual rendering
                                such services, and if such services are not
                                attributable to activities which directly
                                further the election of any designated
                                candidate to Federal office; or

                                    (II) rendered to or on behalf of a
                                candidate or political committee if the
                                person paying for such services is the
                                regular employer of the individual rendering
                                such services, and if such services are
                                solely for the purpose of ensuring
                                compliance with this Act or chapter 95 or
                                chapter 96 of Title 26,

                        but amounts paid or incurred by the regular employer
                        for such legal or accounting services shall be
                        reported in accordance with section 434(b) of this
                        title by the committee receiving such services;
                                (viii) the payment by a State or local
                            committee of a political party of the costs of
                            campaign materials (such as pins, bumper
                            stickers, handbills, brochures, posters, party
                            tabloids, and yard signs) used by such committee
                            in connection with volunteer activities on
                            behalf of nominees of such party: Provided,
                            That--

                                    (1) such payments are not for the costs
                                of campaign materials or activities used in
                                connection with any broadcasting, newspaper,
                                magazine, billboard, direct mail, or similar
                                type of general public communication or
                                political advertising;

                                    (2) such payments are made from
                                contributions subject to the limitations and
                                prohibitions of this Act; and

                                    (3) such payments are not made from
                                contributions designated to be spent on
                                behalf of a particular candidate or
                                particular candidates;

                                (ix) the payment by a State or local
                            committee of a political party of the costs of
                            voter registration and get-out-the-vote
                            activities con-

    [[Page 355]]

                            ducted by such committee on behalf of nominees
                            of such party for President and Vice President:
                            Provided, That--

                                    (1) such payments are not for the costs
                                of campaign materials or activities used in
                                connection with any broadcasting, newspaper,
                                magazine, billboard, direct mail, or similar
                                type of general public communication or
                                political advertising;

                                    (2) such payments are made from
                                contributions subject to the limitations and
                                prohibitions of this Act; and

                                    (3) such payments are not made from
                                contributions designated to be spent on
                                behalf of a particular candidate or
                                candidates; and

                                (x) payments received by a political party
                            committee as a condition of ballot access which
                            are transferred to another political party
                            committee or the appropriate State official.
                    (10) The term ``Commission'' means the Federal Election
                Commission.
                    (11) The term ``person'' includes an individual,
                partnership, committee, association, corporation, labor
                organization, or any other organization or group of persons,
                but such term does not include the Federal Government or any
                authority of the Federal Government.
                    (12) The term ``State'' means a State of the United
                States, the District of Columbia, the Commonwealth of Puerto
                Rico, or a territory or possession of the United States.
                    (13) The term ``identification'' means--
                                (A) in the case of any individual, the name,
                            the mailing address, and the occupation of such
                            individual, as well as the name of his or her
                            employer; and
                                (B) in the case of any other person, the
                            full name and address of such person.
                    (14) The term ``national committee'' means the
                organization which, by virtue of the bylaws of a political
                party, is responsible for the day-to-day operation of such
                political party at the national level, as determined by the
                Commission.
                    (15) The term ``State committee'' means the organization
                which, by virtue of the bylaws of a political party, is
                responsible for the day-to-day operation of such political
                party at the State level, as determined by the Commission.
                    (16) The term ``political party'' means an association,
                committee, or organization which nominates a candidate for
                election to any Federal office whose name appears on the
                election ballot as the candidate of such association,
                committee, or organization.
                    (17) The term ``independent expenditure'' means an
                expenditure by a person expressly advocating the election or
                defeat of a clearly identified candidate which is made
                without cooperation or consultation with any candidate, or
                any authorized committee or agent of such candidate, and
                which is not made in concert with, or at the request or
                suggestion of, any candidate, or any authorized committee or
                agent of such candidate.
                    (18) The term ``clearly identified'' means that--
                                (A) the name of the candidate involved
                            appears;
                                (B) a photograph or drawing of the candidate
                            appears; or
                                (C) the identity of the candidate is
                            apparent by unambiguous reference.

    [[Page 356]]

                    (19) The term ``Act'' means the Federal Election
                Campaign Act of 1971 as amended. (Feb. 7, 1972, Pub. L. 92-
                225, Sec. 301, 86 Stat. 11; amended Oct. 15, 1974,
                Sec. 201(a), 208(c)(1), 88 Stat. 1272, 1286; amended May 11,
                1976, Pub. L. 94-283, Sec. 102, 115(d), (h), 90 Stat. 478,
                495, 496; amended Jan. 8, 1980, Pub. L. 96-187, Title I,
                Sec. 101, 93 Stat. 1339; Oct. 22, 1986, Pub. L. 99-514,
                Sec. 2, 100 Stat. 2095.)
         399.9  Sec. 432. Organization of political committees.
                (a) Treasurer; vacancy; official authorizations.
                    Every political committee shall have a treasurer. No
                contribution or expenditure shall be accepted or made by or
                on behalf of a political committee during any period in
                which the office of treasurer is vacant. No expenditure
                shall be made for or on behalf of a political committee
                without the authorization of the treasurer or his or her
                designated agent.

                (b) Account of contributions; segregated funds.
                    (1) Every person who receives a contribution for an
                authorized political committee shall, no later than 10 days
                after receiving such contribution, forward to the treasurer
                such contribution, and if the amount of the contribution is
                in excess of $50 the name and address of the person making
                the contribution and the date of receipt.
                    (2) Every person who receives a contribution for a
                political committee which is not an authorized committee
                shall--
                                (A) if the amount of the contribution is $50
                            or less, forward to the treasurer such
                            contribution no later than 30 days after
                            receiving the contribution; and
                                (B) if the amount of the contribution is in
                            excess of $50, forward to the treasurer such
                            contribution, the name and address of the person
                            making the contribution, and the date of receipt
                            of the contribution, no later than 10 days after
                            receiving the contribution.
                    (3) All funds of a political committee shall be
                segregated from, and may not be commingled with, the
                personal funds of any individual.
                (c) Recordkeeping.

                    The treasurer of a political committee shall keep an
                account of--
                                (1) all contributions received by or on
                            behalf of such political committee;
                                (2) the name and address of any person who
                            makes any contribution in excess of $50,
                            together with the date and amount of such
                            contribution by any person;
                                (3) the identification of any person who
                            makes a contribution or contributions
                            aggregating more than $200 during a calendar
                            year, together with the date and amount of any
                            such contribution;
                                (4) the identification of any political
                            committee which makes a contribution, together
                            with the date and amount of any such
                            contribution; and
                                (5) the name and address of every person to
                            whom any disbursement is made, the date, amount,
                            and purpose of the disbursement, and the name of
                            the candidate and the office sought by the
                            candidate, if any, for whom the disbursement was
                            made, including a receipt, invoice, or canceled
                            check for each disbursement in excess of $200.

    [[Page 357]]

                (d) Preservation of records and copies of reports.
                    The treasurer shall preserve all records required to be
                kept by this section and copies of all reports required to
                be filed by this subchapter for 3 years after the report is
                filed.
                (e) Principal and additional campaign committees;
                    designations, status of candidate, authorized
                    committees, etc.

                    (1) Each candidate for Federal office (other than the
                nominee for the office of Vice President) shall designate in
                writing a political committee in accordance with paragraph
                (3) to serve as the principal campaign committee of such
                candidate. Such designation shall be made no later than 15
                days after becoming a candidate. A candidate may designate
                additional political committees in accordance with paragraph
                (3) to serve as authorized committees of such candidate.
                Such designation shall be in writing and filed with the
                principal campaign committee of such candidate in accordance
                with subsection (f)(1) of this section.
                    (2) Any candidate described in paragraph (1) who
                receives a contribution, or any loan for use in connection
                with the campaign of such candidate for election, or makes a
                disbursement in connection with such campaign, shall be
                considered, for purposes of this Act, as having received the
                contribution or loan, or as having made the disbursement, as
                the case may be, as an agent of the authorized committee or
                committees of such candidate.
                    (3)(A) No political committee which supports or has
                supported more than one candidate may be designated as an
                authorized committee, except that--
                                (i) the candidate for the office of
                            President nominated by a political party may
                            designate the national committee of such
                            political party as a principal campaign
                            committee, but only if that national committee
                            maintains separate books of account with respect
                            to its function as a principal campaign
                            committee; and
                                (ii) candidates may designate a political
                            committee established solely for the purpose of
                            joint fundraising by such candidates as a
                            authorized committee.
                    (B) As used in this section, the term ``support'' does
                not include a contribution by any authorized committee in
                amounts of $1,000 or less to an authorized committee of any
                other candidate.
                    (4) The name of each authorized committee shall include
                the name of the candidate who authorized such committee
                under paragraph (1). In the case of any political committee
                which is not an authorized committee, such political
                committee shall not include the name of any candidate in its
                name.
                    (5) The name of any separate segregated fund established
                pursuant to section 441b(b) of this title shall include the
                name of its connected organization.

                (f) Filing with and receipt of designations, statements, and
                    reports by principal campaign committee.
                    (1) Notwithstanding any other provision of this Act,
                each designation, statement, or report of receipts or
                disbursements made by an authorized committee of a candidate
                shall be filed with the candidate's principal campaign
                committee.

    [[Page 358]]

                    (2) Each principal campaign committee shall receive all
                designations, statements, and reports required to be filed
                with it under paragraph (1) and shall compile and file such
                designations, statements, and reports in accordance with
                this Act.
                (g) Filing with and receipt of designations, statements, and
                    reports by Clerk of House of Representatives or
                    Secretary of Senate; forwarding to Commission; filing
                    requirements with Commission; public inspection and
                    preservation of designations, etc.
                    (1) Designations, statements, and reports required to be
                filed under this Act by a candidate or by an authorized
                committee of a candidate for the office of Representative
                in, or Delegate or Resident Commissioner to, the Congress,
                and by the principal campaign committee of such a candidate,
                shall be filed with the Clerk of the House of
                Representatives, who shall receive such designations,
                statements, and reports as custodian for the Commission.
                    (2) Designations, statements, and reports required to be
                filed under this Act by a candidate for the office of
                Senator, and by the principal campaign committee of such
                candidate, shall be filed with the Secretary of the Senate,
                who shall receive such designations, statements, and
                reports, as custodian for the Commission.
                    (3) The Clerk of the House of Representatives and the
                Secretary of the Senate shall forward a copy of any
                designation, statement, or report filed with them under this
                subsection to the Commission as soon as possible (but no
                later than 2 working days) after receiving such designation,
                statement, or report.
                    (4) All designations, statements, and reports required
                to be filed under this Act, except designations, statements,
                and reports filed in accordance with paragraphs (1) and (2),
                shall be filed with the Commission.
                    (5) The Clerk of the House of Representatives and the
                Secretary of the Senate shall make the designations,
                statements, and reports received under this subsection
                available for public inspection and copying in the same
                manner as the Commission under section 438(a)(4) of this
                title, and shall preserve such designations, statements, and
                reports in the same manner as the Commission under section
                438(a)(5) of this title.

                (h) Campaign depositories; designations, maintenance of
                    accounts, etc.; petty cash fund for disbursements;
                    record of disbursements.
                    (1) Each political committee shall designate one or more
                State banks, federally chartered depository institutions, or
                depository institutions the deposits or accounts of which
                are insured by the Federal Deposit Insurance Corporation,
                the Federal Savings and Loan Insurance Corporation, or the
                National Credit Union Administration, as its campaign
                depository or depositories. Each political committee shall
                maintain at least one checking account and such other
                accounts as the committee determines at a depository
                designated by such committee. All receipts received by such
                committee shall be deposited in such accounts. No
                disbursements may be made (other than petty cash
                disbursements under paragraph (2)) by such committee except
                by check drawn on such accounts in accordance with this
                section.

    [[Page 359]]

                    (2) A political committee may maintain a petty cash fund
                for disbursements not in excess of $100 to any person in
                connection with a single purchase or transaction. A record
                of all petty cash disbursements shall be maintained in
                accordance with subsection (c)(5) of this section.
                    (i) When the treasurer of a political committee shows
                that best efforts have been used to obtain, maintain, and
                submit the information required by this Act for the
                political committee, any report or any records of such
                committee shall be considered in compliance with this Act or
                chapter 95 or chapter 96 of Title 26. (Feb. 7, 1972, Pub. L.
                92-225. Sec. 302, 86 Stat. 12; amended Oct. 15, 1974, Pub.
                L. 93-443, Sec. 202, 208(c)(2), 88 Stat. 1275, 1286; amended
                May 11, 1976, Pub. L. 94-283, Sec. 103, 90 Stat. 480;
                amended Jan. 8, 1980, Pub. L. 96-187, Title I, Sec. 102, 93
                Stat. 1345; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.
                2095.)
                Sec. 433. Registration of political committees.
                (a) Statements of organizations.
                    Each authorized campaign committee shall file a
                statement of organization no later than 10 days after
                designation pursuant to section 432(e)(1) of this title.
                Each separate segregated fund established under the
                provisions of section 441b(b) of this title shall file a
                statement of organization no later than 10 days after
                establishment. All other committees shall file a statement
                or organization within 10 days after becoming a political
                committee within the meaning of section 431(4) of this
                title.

                (b) Contents of statements.
                    The statement of organization of a political committee
                shall include--
                                (1) the name, address, and type of
                            committee;
                                (2) the name, address, relationship, and
                            type of any connected organization or affiliated
                            committee;
                                (3) the name, address, and position of the
                            custodian of books and accounts of the
                            committee;
                                (4) the name and address of the treasurer of
                            the committee;
                                (5) if the committee is authorized by a
                            candidate, the name, address, office sought, and
                            party affiliation of the candidate; and
                                (6) a listing of all banks, safety deposit
                            boxes, or other depositories used by the
                            committee.

                (c) Change of information in statements.
                    Any change in information previously submitted in a
                statement of organization shall be reported in accordance
                with section 432(g) of this title no later than 10 days
                after the date of the change.
                (d) Termination, etc., requirements and authorities.
                    (1) A political committee may terminate only when such a
                committee files a written statement, in accordance with
                section 432(g) of this title, that it will no longer receive
                any contributions or make any disbursements and that such
                committee has no outstanding debts or obligations.
                    (2) Nothing contained in this subsection may be
                construed to eliminate or limit the authority of the
                Commission to establish procedures for--
                                (A) the determination of insolvency with
                            respect to any political committee;

    [[Page 360]]

                                (B) the orderly liquidation of an insolvent
                            political committee, and the orderly application
                            of its assets for the reduction of outstanding
                            debts; and
                                (C) the termination of an insolvent
                            political committee after such liquidation and
                            application of assets.

                (Feb. 7, 1972, Pub. L. 92-225, Sec. 303, 86 Stat. 14;
                amended Oct. 15, 1974, Pub. L. 93-443, Sec. 203, 208(c)(3),
                88 Stat. 1276, 1886; amended Jan. 8, 1980, Pub. L. 96-187,
                Title I, Sec. 103, 93 Stat. 1347.)

        399.11  Sec. 434. Reporting requirements.
                (a) Receipts and disbursements by treasurers of political
                    committees; filing requirements.
                    (1) Each treasurer of a political committee shall file
                reports of receipts and disbursements in accordance with the
                provisions of this subsection. The treasurer shall sign each
                such report.
                    (2) If the political committee is the principal campaign
                committee of a candidate for the House of Representatives or
                for the Senate--
                                (A) in any calendar year during which there
                            is regularly scheduled election for which such
                            candidate is seeking election, or nomination for
                            election, the treasurer shall file the following
                            reports:

                                    (i) a pre-election report, which shall
                                be filed no later than the 12th day before
                                (or posted by registered or certified mail
                                no later than the 15th day before) any
                                election in which such candidate is seeking
                                election, or nomination for election, and
                                which shall be complete as of the 20th day
                                before such election;

                                    (ii) a post-general election report,
                                which shall be filed no later than the 30th
                                day after any general election in which such
                                candidate has sought election, and which
                                shall be complete as of the 20th day after
                                such general election; and

                                    (iii) additional quarterly reports,
                                which shall be filed no later than the 15th
                                day after the last day of each calendar
                                quarter, and which shall be complete as of
                                the last day of each calendar quarter:
                                except that the report for the quarter
                                ending December 31 shall be filed no later
                                than January 31 of the following calendar
                                year; and

                                (B) in any other calendar year the following
                            reports shall be filed:

                                    (i) a report covering the period
                                beginning January 1 and ending June 30,
                                which shall be filed no later than July 31;
                                and

                                    (ii) a report covering the period
                                beginning July 1 and ending December 31,
                                which shall be filed no later than January
                                31 of the following calendar year.

                    (3) If the committee is the principal campaign committee
                of a candidate for the office of President--
                                (A) in any calendar year during which a
                            general election is held to fill such office--

                                    (i) the treasurer shall file monthly
                                reports if such committee has on January 1
                                of such year, received contributions
                                aggregating $100,000 or made expenditures
                                aggregating $100,000 or anticipates
                                receiving contributions aggregating $100,000
                                or more or making expenditures aggregating
                                $100,000 or more during such year; such
                                monthly reports shall be filed no later than
                                the 20th day after the last day of each
                                month and shall be complete as of the last
                                day of the month, except that, in lieu

    [[Page 361]]

                                of filing the report otherwise due in
                                November and December, a pre-general
                                election report shall be filed in accordance
                                with paragraph (2)(A)(i), a post-general
                                election report shall be filed in accordance
                                with paragraph (2)(A)(ii), and a year end
                                report shall be filed no later than January
                                31 of the following calendar year;

                                    (ii) the treasurer of the other
                                principal campaign committees of a candidate
                                for the office of President shall file a
                                pre-election report or reports in accordance
                                with paragraph (2)(A)(i), a post-general
                                election report in accordance with paragraph
                                (2)(A)(ii), and quarterly reports in
                                accordance with paragraph (2)(A)(iii); and

                                    (iii) if at any time during the election
                                year a committee filing under paragraph
                                (3)(A)(ii) receives contributions in excess
                                of $100,000 or makes expenditures in excess
                                of $100,000, the treasurer shall begin
                                filing monthly reports under paragraph
                                (3)(A)(i) at the next reporting period; and

                                (B) in any other calendar year, the
                            treasurer shall file either--

                                    (i) monthly reports, which shall be
                                filed no later than the 20th day after the
                                last day of each month and shall be complete
                                as of the last day of the month; or

                                    (ii) quarterly reports, which shall be
                                filed no later than the 15th day after the
                                last day of each calendar quarter and which
                                shall be complete as of the last day of each
                                calendar quarter.

                    (4) All political committees other than authorized
                committees of a candidate shall file either--
                                (A)(i) quarterly reports, in a calendar year
                            in which a regularly scheduled general election
                            is held, which shall be filed no later than the
                            15th day after the last day of each calendar
                            quarter: except that the report for the quarter
                            ending on December 31 of such calendar year
                            shall be filed no later than January 31 of the
                            following calendar year;
                                (ii) a pre-election report, which shall be
                            filed no later than the 12th day before (or
                            posted by registered or certified mail no later
                            than the 15th day before) any election in which
                            the committee makes a contribution to or
                            expenditure on behalf of a candidate in such
                            election, and which shall be complete as of the
                            20th day before the election;
                                (iii) a post-general election report, which
                            shall be filed no later than the 30th day after
                            the general election and which shall be complete
                            as of the 20th day after such general election;
                            and
                                (iv) in any other calendar year, a report
                            covering the period beginning January 1 and
                            ending June 30, which shall be filed no later
                            than July 31 and a report covering the period
                            beginning July 1 and ending December 31, which
                            shall be filed no later than January 31 of the
                            following calendar year; or
                                (B) Monthly reports in all calendar years
                            which shall be filed no later than the 20th day
                            after the last day of the month and shall be
                            complete as of the last day of the month, except
                            that, in lieu of filing the reports otherwise
                            due in November and December of any year in
                            which a regularly scheduled general election is
                            held, a pre-general election report shall be
                            filed in accordance with paragraph (2)(A)(i), a
                            post-general election report shall be filed

    [[Page 362]]

                            in accordance with paragraph (2)(A)(ii), and a
                            year end report shall be filed no later than
                            January 31 of the following calendar year.
                    (5) If a designation, report, or statement filed
                pursuant to this Act (other than under paragraph (2)(A)(i)
                or (4)(A)(ii) is sent by registered or certified mail, the
                United States postmark shall be considered the date of
                filing of the designation, report, or statement.
                    (6)(A) The principal campaign committee of a candidate
                shall notify the Clerk, the Secretary, or the Commission,
                and the Secretary of State, as appropriate, in writing, of
                any contribution of $1,000 or more received by any
                authorized committee of such candidate after the 20th day,
                but more than 48 hours before, any election. This
                notification shall be made within 48 hours after the receipt
                of such contribution and shall include the name of the
                candidate and the office sought by the candidate, the
                identification of the contributor, and the date of receipt
                and amount of the contribution.
                    (B) The notification required under this paragraph shall
                be in addition to all other reporting requirements under
                this Act.
                    (7) The reports required to be filed by this subsection
                shall be cumulative during the calendar year to which they
                relate, but where there has been no change in an item
                reported in a previous report during such year, only the
                amount need be carried forward.
                    (8) The requirement for a political committee to file a
                quarterly report under paragraph (2)(A)(iii) or paragraph
                (4)(A)(i) shall be waived if such committee is required to
                file a pre-election report under paragraph (2)(A)(i), or
                paragraph (4)(A)(ii) during the period beginning on the 5th
                day after the close of the calendar quarter and ending on
                the 15th day after the close of the calendar quarter.
                    (9) The Commission shall set filing dates for reports to
                be filed by principal campaign committees of candidates
                seeking election, or nomination for election, in special
                elections and political committees filing under paragraph
                (4)(A) which make contributions to or expenditures on behalf
                of a candidate or candidates in special elections. The
                Commission shall require no more than one pre-election
                report for each election and one post-election report for
                the election which fills the vacancy. The Commission may
                waive any reporting obligation of committees required to
                file for special elections if any report required by
                paragraph (2) or (4) is required to be filed within 10 days
                of a report required under this subsection. The Commission
                shall establish the reporting dates within 5 days of the
                setting of such election and shall publish such dates and
                notify the principal campaign committees of all candidates
                in such election of the reporting dates.
                    (10) The treasurer of a committee supporting a candidate
                for the office of Vice President (other than the nominee of
                a political party) shall file reports in accordance with
                paragraph (3).

                (b) Contents of reports.
                    Each report under this section shall disclose--
                    (1) the amount of cash on hand at the beginning of the
                reporting period;
                    (2) for the reporting period and the calendar year, the
                total amount of all receipts, and the total amount of all
                receipts in the following categories:
                                (A) contributions from persons other than
                            political committees;

    [[Page 363]]

                                (B) for an authorized committee,
                            contributions from the candidate;
                                (C) contributions from political party
                            committees;
                                (D) contributions from other political
                            committees;
                                (E) for an authorized committee, transfers
                            from other authorized committees of the same
                            candidate;
                                (F) transfers from affiliated committees
                            and, where the reporting committee is a
                            political party committee, transfers from other
                            political party committees, regardless of
                            whether such committees are affiliated;
                                (G) for an authorized committee, loans made
                            by or guaranteed by the candidate;
                                (H) all other loans;
                                (I) rebates, refunds, and other offsets to
                            operating expenditures;
                                (J) dividends, interest, and other forms of
                            receipts; and
                                (K) for an authorized committee of a
                            candidate for the office of President, Federal
                            funds received under chapter 95 and chapter 96
                            of Title 26;
                    (3) the identification of each--
                                (A) person (other than a political
                            committee) who makes a contribution to the
                            reporting committee during the reporting period,
                            whose contribution or contributions have an
                            aggregate amount or value in excess of $200
                            within the calendar year, or in any lesser
                            amount if the reporting committee should so
                            elect, together with the date and amount of any
                            such contribution;
                                (B) political committee which makes a
                            contribution to the reporting committee during
                            the reporting period, together with the date and
                            amount of any such contribution;
                                (C) authorized committee which makes a
                            transfer to the reporting committee;
                                (D) affiliated committee which makes a
                            transfer to the reporting committee during the
                            reporting period and, where the reporting
                            committee is a political party committee, each
                            transfer of funds to the reporting committee
                            from another political party committee,
                            regardless of whether such committees are
                            affiliated, together with the date and amount of
                            such transfer;
                                (E) person who makes a loan to the reporting
                            committee during the reporting period, together
                            with the identification of any endorser or
                            guarantor of such loan, and the date and amount
                            or value of such loan;
                                (F) person who provides a rebate, refund, or
                            other offset to operating expenditures to the
                            reporting committee in an aggregate amount or
                            value in excess of $200 within the calendar
                            year, together with the date and amount of such
                            receipt; and
                                (G) person who provides any dividend,
                            interest, or other receipt to the reporting
                            committee in an aggregate value or amount in
                            excess of $200 within the calendar year,
                            together with the date and amount of any such
                            receipt;
                    (4) for the reporting period and the calendar year, the
                total amount of all disbursements, and all disbursements in
                the following categories:
                                (A) expenditures made to meet candidate or
                            committee operating expenses;
                                (B) for authorized committees, transfers to
                            other committees authorized by the same
                            candidate;

    [[Page 364]]

                                (C) transfers to affiliated committees and,
                            where the reporting committee is a political
                            party committee, transfers to other political
                            party committees, regardless of whether they are
                            affiliated;
                                (D) for an authorized committee, repayment
                            of loans made by or guaranteed by the candidate;
                                (E) repayment of all other loans;
                                (F) contribution refunds and other offsets
                            to contributions;
                                (G) for an authorized committee, any other
                            disbursements;
                                (H) for any political committee other than
                            an authorized committee--

                                    (i) contributions made to other
                                political committees;

                                    (ii) loans made by the reporting
                                committees;

                                    (iii) independent expenditures;

                                    (iv) expenditures made under section
                                441a(d) of this title;

                                    (v) any other disbursements; and

                                (I) for an authorized committee of a
                            candidate for the office of President,
                            disbursements not subject to the limitation of
                            section 441a(b) of this title;
                    (5) the name and address of each--
                                (A) person to whom an expenditure in an
                            aggregate amount or value in excess of $200
                            within the calendar year is made by the
                            reporting committee to meet a candidate or
                            committee operating expense, together with the
                            date, amount, and purpose of such operating
                            expenditure;
                                (B) authorized committee to which a transfer
                            is made by the reporting committee;
                                (C) affiliated committee to which a transfer
                            is made by the reporting committee during the
                            reporting period and, where the reporting
                            committee is a political party committee, each
                            transfer of funds by the reporting committee to
                            another political party committee, regardless of
                            whether such committees are affiliated, together
                            with the date and amount of such transfers;
                                (D) person who receives a loan repayment
                            from the reporting committee during the
                            reporting period, together with the date and
                            amount of such loan repayment; and
                                (E) person who receives a contribution
                            refund or other offset to contributions from the
                            reporting committee where such contribution was
                            reported under paragraph (3)(A) of this
                            subsection, together with the date and amount of
                            such disbursement;
                    (6)(A) for an authorized committee, the name and address
                of each person who has received any disbursement not
                disclosed under paragraph (5) in an aggregate amount or
                value in excess of $200 within the calendar year, together
                with the date and amount of any such disbursement;
                    (B) for any other political committee, the name and
                address of each--
                                (i) political committee which has received a
                            contribution from the reporting committee during
                            the reporting period, together with the date and
                            amount of any such contribution;
                                (ii) person who has received a loan from the
                            reporting committee during the reporting period,
                            together with the date and amount of such loan;
                                (iii) person who receives any disbursement
                            during the reporting period in an aggregate
                            amount or value in excess of $200 within

    [[Page 365]]

                            the calendar year in connection with an
                            independent expenditure by the reporting
                            committee, together with the date, amount, and
                            purpose of any such independent expenditure and
                            a statement which indicates whether such
                            independent expenditure is in support of, or in
                            opposition to, a candidate, as well as the name
                            and office sought by such candidate, and a
                            certification, under penalty of perjury, whether
                            such independent expenditure is made in
                            cooperation, consultation, or concert, with, or
                            at the request or suggestion of any candidate or
                            any authorized committee or agent of such
                            committee;
                                (iv) person who receives any expenditure
                            from the reporting committee during the
                            reporting period in connection with an
                            expenditure under section 441a(d) of this title,
                            together with the date, amount, and purpose of
                            any such expenditure as well as the name of, and
                            office sought by, the candidate on whose behalf
                            the expenditure is made; and
                                (v) person who has received any disbursement
                            not otherwise disclosed in this paragraph or
                            paragraph (5) in an aggregate amount or value in
                            excess of $200 within the calendar year from the
                            reporting committee within the reporting period,
                            together with the date, amount, and purpose of
                            any such disbursement;
                    (7) the total sum of all contributions to such political
                committee, together with the total contributions less
                offsets to contributions and the total sum of all operating
                expenditures made by such political committee, together with
                total operating expenditures less offsets to operating
                expenditures, for both the reporting period and the calendar
                year; and
                    (8) the amount and nature of outstanding debts and
                obligations owed by or to such political committee; and
                where such debts and obligations are settled for less than
                their reported amount or value, a statement as to the
                circumstances and conditions under which such debts or
                obligations were extinguished and the consideration
                therefor.
                (c) Statements by other than political committees; filing;
                    contents; indices of expenditures.
                    (1) Every person (other than a political committee) who
                makes independent expenditures in an aggregate amount or
                value in excess of $250 during a calendar year shall file a
                statement containing the information requiring under
                subsection (b)(3)(A) of this section for all contributions
                received by such person.
                    (2) Statements required to be filed by this subsection
                shall be filed in accordance with subsection (a)(2) of this
                section, and shall include--
                                (A) the information required by subsection
                            (b)(6)(B)(iii) of this section, indicating
                            whether the independent expenditure is in
                            support of, or in opposition to, the candidate
                            involved;
                                (B) under penalty of perjury, a
                            certification whether or not such independent
                            expenditure is made in cooperation,
                            consultation, or concert, with, or at the
                            request or suggestion of, any candidate or any
                            authorized committee or agent of such candidate;
                            and
                                (C) the identification of each person who
                            made a contribution in excess of $200 to the
                            person filing such statement which was made for
                            the purpose of furthering an independent
                            expenditure.

                Any independent expenditure (including those described in
                subsection (b) (6)(B)(iii) of this section) aggregating
                $1,000 or more made after the 20th day, but more than 24
                hours, before any election shall be

    [[Page 366]]

                reported within 24 hours after such independent expenditure
                is made. Such statement shall be filed with the Clerk, the
                Secretary, or the Commission and the Secretary of State and
                shall contain the information required by subsection
                (b)(6)(B)(iii) of this section indicating whether the
                independent expenditure is in support of, or in opposition
                to, the candidate involved.

                    (3) The Commission shall be responsible for
                expeditiously preparing indices which set forth, on a
                candidate-by-candidate basis, all independent expenditures
                separately, including those reported under subsection
                (b)(6)(B)(iii) of this section, made by or for each
                candidate, as reported under this subsection, and for
                periodically publishing such indices on a timely pre-
                election basis. (May 11, 1976, Pub. L. 94-283, Sec. 104, 90
                Stat. 480; amended Jan. 8, 1980, Pub. L. 96-187, Title I,
                Sec. 104, 93 Stat. 1348.)
                Sec. 435. (Repealed.)
                    (Feb. 7, 1972, Pub. L. 92-225, Sec. 305, 86 Stat. 16;
                amended Oct. 15, 1974, Pub. L. 93-443, Sec. 205, 88 Stat.
                1278; Repealed Jan. 8, 1978, Pub. L. 96-187, Title I,
                Sec. 105(1), 93 Stat. 1354.)
                Sec. 436. (Repealed.)
                    (Feb. 7, 1972, Pub. L. 92-225, Sec. 306, 86 Stat. 16;
                Oct. 15, 1974, Pub. L. 93-443, Secs. 206, 207,
                208(c)(5), 88 Stat. 1278, 1279, 1286; May 11, 1976, Pub. L.
                94-283, Sec. 115(a), 90 Stat. 495; Repealed Jan. 8, 1980,
                Pub. L. 96-187, Title I, Sec. 105(1), 93 Stat. 1354.)
        399.14  Sec. 437. Reports on convention financing.
                    Each committee or other organization which--
                                (1) represents a State, or a political
                            subdivision thereof, or any group of persons, in
                            dealing with officials of a national political
                            party with respect to matters involving a
                            convention held in such State or political
                            subdivision to nominate a candidate for the
                            office of President or Vice President, or
                                (2) represents a national political party in
                            making arrangements for the convention of such
                            party held to nominate a candidate for the
                            office of President or Vice President,

                shall, within 60 days following the end of the convention
                (but not later than 20 days prior to the date on which
                presidential and vice presidential electors are chosen),
                file with the Commission a full and complete financial
                statement, in such form and detail as it may prescribe, of
                the sources from which it derived its funds, and the
                purposes for which such funds were expended. (Feb. 7, 1972,
                Pub. L. 92-225, Sec. 307, 86 Stat. 16; Oct. 15, 1974, Pub.
                L. 93-443, Sec. 208(c)(6), 88 Stat. 1286; Jan. 8, 1980, Pub.
                L. 96-187, Title I, Secs. 105(2), 112a, 93 Stat. 1354,
                1366.)

                Sec. 437a. (Repealed.)
                Sec. 437b. (Repealed.)
                    (Oct. 15, 1974, Pub. L. 93-443, Sec. 208(a), 88 Stat.
                1280; May 11, 1976, Pub. L. 94-283, Secs. 105, 106,
                115(i), 90 Stat. 481, 496; Jan. 8, 1980, Pub. L. 96-187,
                Title I, Sec. 105(1), 93 Stat. 1354.)

    [[Page 367]]

                Sec. 437c. Federal Election Commission.
                (a) Establishment; membership; term of office; vacancies;
                    qualifications; compensation; chairman and vice
                    chairman.
                    (1) There is established a commission to be known as the
                Federal Election Commission. The Commission is composed of
                the Secretary of the Senate and the Clerk of the House of
                Representatives or their designees, ex officio and without
                the right to vote, and 6 members appointed by the President,
                by and with the advice and consent of the Senate. No more
                than 3 members of the Commission appointed under this
                paragraph may be affiliated with the same political party.
                    (2)(A) Members of the Commission shall serve for terms
                of 6 years, except that of the members first appointed--
                                (i) two of the members, not affiliated with
                            the same political party, shall be appointed for
                            terms ending on April 30, 1977;
                                (ii) two of the members, not affiliated with
                            the same political party, shall be appointed for
                            terms ending on April 30, 1979; and
                                (iii) two of the members, not affiliated
                            with the same political party, shall be
                            appointed for terms ending on April 30, 1981.
                    (B) A member of the Commission may serve on the
                Commission after the expiration of his or her term until his
                or her successor has taken office as a member of the
                Commission.
                    (C) An individual appointed to fill a vacancy occurring
                other than by the expiration of a term of office shall be
                appointed only for the unexpired term of the member he or
                she succeeds.
                    (D) Any vacancy occurring in the membership of the
                Commission shall be filled in the same manner as in the case
                of the original appointment.
                    (3) Members shall be chosen on the basis of their
                experience, integrity, impartiality, and good judgment and
                members (other than the Secretary of the Senate and the
                Clerk of the House of Representatives) shall be individuals
                who, at the time appointed to the Commission, are not
                elected or appointed officers or employees in the executive,
                legislative, or judicial branch of the Federal Government.
                Such members of the Commission shall not engage in any other
                business, vocation, or employment. Any individual who is
                engaging in any other business, vocation, or employment at
                the time of his or her appointment to the Commission shall
                terminate or liquidate such activity no later than 90 days
                after such appointment.
                    (4) Members of the Commission (other than the Secretary
                of the Senate and the Clerk of the House of Representatives)
                shall receive compensation equivalent to the compensation
                paid at level IV of the Executive Schedule (section 5315 of
                Title 5).
                    (5) The Commission shall elect a chairman and a vice
                chairman from among its members (other than the Secretary of
                the Senate and the Clerk of the House of Representatives)
                for a term of one year. A member may serve as chairman only
                once during any term of office to which such member is
                appointed. The chairman and the vice chairman shall not be
                affiliated with the same political party. The vice chairman
                shall act as chairman in the absence or disability of the
                chairman or in the event of a vacancy in such office.

    [[Page 368]]

                (b) Administration, enforcement, and formulation of policy;
                    exclusive jurisdiction of civil enforcement;
                    Congressional authorities or functions with respect to
                    elections for Federal office.
                    (1) The Commission shall administer, seek to obtain
                compliance with, and formulate policy with respect to, this
                Act and chapter 95 and chapter 96 of Title 26. The
                Commission shall have exclusive jurisdiction with respect to
                this civil enforcement of such provisions.
                    (2) Nothing in this Act shall be construed to limit,
                restrict, or diminish any investigatory, informational,
                oversight, supervisory, or disciplinary authority or
                function of the Congress or any committee of the Congress
                with respect to elections for Federal office.
                (c) Voting requirements; delegation of authorities.
                    All decisions of the Commission with respect to the
                exercise of its duties and powers under the provisions of
                this Act shall be made by a majority vote of the members of
                the Commission. A member of the Commission may not delegate
                to any person his or her vote or any decisionmaking
                authority or duty vested in the Commission by the provisions
                of this Act, except that the affirmative vote of 4 members
                of the Commission shall be required in order for the
                Commission to take any action in accordance with paragraph
                (6), (7), (8), or (9) of section 437d(a) of this title or
                with chapter 95 or chapter 96 of Title 26.
                (d) Meetings.
                    The Commission shall meet at least once each month and
                also at the call of any member.
                (e) Rules for conduct of activities; judicial notice of
                    seal; principal office.
                    The Commission shall prepare written rules for the
                conduct of its activities, shall have an official seal which
                shall be judicially noticed, and shall have its principal
                office in or near the District of Columbia (but it may meet
                or exercise any of its powers anywhere in the United
                States).
                (f) Staff director and general counsel; appointment and
                    compensation; appointment and compensation of personnel
                    and procurement of intermittent services by staff
                    director; use of assistance, personnel, and facilities
                    of Federal agencies and departments; counsel for defense
                    of actions.
                    (1) The Commission shall have a staff director and a
                general counsel who shall be appointed by the Commission.
                The staff director shall be paid at a rate not to exceed the
                rate of basic pay in effect for level IV of the Executive
                Schedule (section 5315 of Title 5). The general counsel
                shall be paid at a rate not to exceed the rate of basic pay
                in effect for level V of the Executive Schedule (section
                5316 of Title 5). With the approval of the Commission, the
                staff director may appoint and fix the pay of such
                additional personnel as he or she considers desirable
                without regard to the provisions of Title 5, governing
                appointments in the competitive service.
                    (2) With the approval of the Commission, the staff
                director may procure temporary and intermittent services to
                the same extent as is authorized by section 3109(b) of title
                5, but at rates for individuals not

    [[Page 369]]

                to exceed the daily equivalent of the annual rate of basic
                pay in effect for grade GS-15 of the General Schedule
                (section 5332 of Title 5).
                    (3) In carrying out its responsibilities under this Act,
                the Commission shall, to the fullest extent practicable,
                avail itself of the assistance, including personnel and
                facilities of other agencies and departments of the United
                States. The heads of such agencies and departments may make
                available to the Commission such personnel, facilities, and
                other assistance, with or without reimbursement, as the
                Commission may request.
                    (4) Notwithstanding the provisions of paragraph (2) the
                Commission is authorized to appear in and defend against any
                action instituted under this Act, either (A) by attorneys
                employed in office, or (B) by counsel whom it may appoint,
                on a temporary basis as may be necessary for such purpose,
                without regard to the provisions of Title 5, governing
                appointments in the competitive service, and whose
                compensation it may fix without regard to the provisions of
                chapter 51 and subchapter III of chapter 53 of such title.
                The compensation of counsel so appointed on a temporary
                basis shall be paid out of any funds otherwise available to
                pay the compensation of employees of the Commission. (Pub.
                L. 92-225, Title III, Sec. 306, formerly Sec. 310, as added
                Pub. L. 93-443, Title II, Sec. 208(a), Oct. 15, 1974, 88
                Stat. 1280, renumbered Sec. 309, and amended Pub. L. 94-283,
                Title I, Secs. 101(a)-(d), 105, May 11, 1976, 90 Stat.
                475, 476, 481, renumbered Sec. 306 and amended Pub. L. 96-
                187, Title I, Secs. 105(3), (6), 112(b), Jan. 8, 1980,
                93 Stat. 1354, 1366.)
                Sec. 437d. Powers of Commission.
                (a) Specific authorities.
                    The Commission has the power--
                                (1) to require by special or general orders,
                            any person to submit, under oath, such written
                            reports and answers to questions as the
                            Commission may prescribe;
                                (2) to administer oaths or affirmations;
                                (3) to require by subpena, signed by the
                            chairman or the vice chairman, the attendance
                            and testimony of witnesses and the production of
                            all documentary evidence relating to the
                            execution of its duties;
                                (4) in any proceeding or investigation, to
                            order testimony to be taken by deposition before
                            any person who is designated by the Commission
                            and has the power to administer oaths and, in
                            such instances, to compel testimony and the
                            production of evidence in the same manner as
                            authorized under paragraph (3);
                                (5) to pay witnesses the same fees and
                            mileages as are paid in like circumstances in
                            the courts of the United States;
                                (6) to initiate (through civil actions for
                            injunctive, declaratory, or other appropriate
                            relief), defend (in the case of any civil action
                            brought under section 437g(a)(8) of this title)
                            or appeal any civil action in the name of the
                            Commission to enforce the provisions of this Act
                            and chapter 95 and chapter 96 of Title 26,
                            through its general counsel;
                                (7) to render advisory opinions under
                            section 437f of this title;
                                (8) to develop such prescribed forms and to
                            make, amend, and repeal such rules, pursuant to
                            the provisions of chapter 5 of Title

    [[Page 370]]

                            5, as are necessary to carry out the provisions
                            of this Act and chapter 95 and chapter 96 of
                            Title 26; and
                                (9) to conduct investigations and hearings
                            expeditiously, to encourage voluntary
                            compliance, and to report apparent violations to
                            the appropriate law enforcement authorities.
                (b) Judicial orders for compliance with subpenas and orders
                    of commission; contempt of court.
                    Upon petition by the Commission, any United States
                district court within the jurisdiction of which any inquiry
                is being carried on may, in case of refusal to obey a
                subpena or order of the Commission issued under subsection
                (a) of this section, issue an order requiring compliance.
                Any failure to obey the order of the court may be punished
                by the court as a contempt thereof.
                (c) Civil liability for disclosure of information.
                    No person shall be subject to civil liability to any
                person (other than the Commission or the United States) for
                disclosing information at the request of the Commission.
                (d) Concurrent transmissions to Congress or member of budget
                    estimates, etc.; prior submission of legislative
                    recommendations, testimony, or comments on legislation.
                    (1) Whenever the Commission submits any budget estimate
                or request to the President or the Office of Management and
                Budget, it shall concurrently transmit a copy of such
                estimate or request to the Congress.
                    (2) Whenever the Commission submits any legislative
                recommendation, or testimony, or comments on legislation,
                requested by the Congress or by any Member of the Congress,
                to the President or the Office of Management and Budget, it
                shall concurrently transmit a copy thereof to the Congress
                or to the Member requesting the same. No officer or agency
                of the United States shall have any authority to require the
                Commission to submit its legislative recommendations,
                testimony, or comments on legislation, to any office or
                agency of the United States for approval, comments, or
                review, prior to the submission of such recommendations,
                testimony, or comments to the Congress.
                (e) Exclusive civil remedy for enforcement.
                    Except as provided in section 437g(a)(8) of this title,
                the power of the Commission to initiate civil actions under
                subsection (a)(6) of this section shall be the exclusive
                civil remedy for the enforcement of the provisions of this
                Act. (Pub. L. 92-225, Title III, Sec. 307, formerly
                Sec. 311, as added Pub. L. 93-443, Title II, Sec. 208(a),
                Oct. 15, 1974, 88 Stat. 1282, renumbered Sec. 310 and
                amended Pub. L. 94-283, Title I, Secs. 105, 107, 115(b),
                May 11, 1976, 90 Stat. 481, 482, 495, renumbered Sec. 307
                and amended Pub. L. 96-187, Title I, Secs. 105(3), 106,
                Jan. 8, 1980, 93 Stat. 1354, 1356.)
                Sec. 437e. (Repealed.)
      399.14-6  Sec. 437f. Advisory opinions.
                (a) Requests by persons, candidates, or authorized
                    committees; subject matter; time for response.
                    (1) Not later than 60 days after the Commission receives
                from a person a complete written request concerning the
                application of this

    [[Page 371]]

                Act, chapter 95 or chapter 96 of Title 26, or a rule or
                regulation prescribed by the Commission, with respect to a
                specific transaction or activity by the person, the
                Commission shall render a written advisory opinion relating
                to such transaction or activity to the person.
                    (2) if an advisory opinion is requested by a candidate,
                or any authorized committee of such candidate, during the
                60-day period before any election for Federal office
                involving the requesting party, the Commission shall render
                a written advisory opinion relating to such request no later
                than 20 days after the Commission receives a complete
                written request:
                (b) Procedures applicable to initial proposal of rules or
                    regulations, and advisory opinions.
                    Any rule of law which is not stated in this Act or in
                chapter 95 or chapter 96 of title 26 may be initially
                proposed by the Commission only as a rule or regulation
                pursuant to procedures established in section 438(d) of this
                title. No opinion of an advisory nature may be issued by the
                Commission or any of its employees except in accordance with
                the provisions of this section.
                (c) Persons entitled to rely upon opinions; scope of
                    protection for good faith reliance.
                    (1) Any advisory opinion rendered by the Commission
                under subsection (a) may be relied upon by--
                                (A) any person involved in the specific
                            transaction or activity with respect to which
                            such advisory opinion is rendered; and
                                (B) any person involved in any specific
                            transaction or activity which is
                            indistinguishable in all its material aspects
                            from the transaction or activity with respect to
                            which such advisory opinion is rendered.
                    (2) Notwithstanding any other provisions of law, any
                person who relies upon any provision or finding of an
                advisory opinion in accordance with the provisions of
                paragraph (1) and who acts in good faith in accordance with
                the provisions and findings of such advisory opinion shall
                not, as a result of any such act, be subject to any sanction
                provided by this Act or by chapter 95 or chapter 96 of Title
                26.
                (d) Requests made public; submission of written comments by
                    interested public.
                    The Commission shall make public any request made under
                subsection (a) for an advisory opinion. Before rendering an
                advisory opinion, the Commission shall accept written
                comments submitted by any interested party within the 10-day
                period following the date the request is made public. (Pub.
                L. 92-225, Title III, Sec. 308, formerly Sec. 313, as added
                Pub. L. 93-443, Title II, Sec. 208(a), Oct. 15, 1974, 88
                Stat. 1283, renumbered Sec. 312 and amended Pub. L. 94-283,
                Title I, Secs. 105, 108(a), May 11, 1976, 90 Stat. 481,
                482, renumbered Sec. 308 and amended Pub. L. 96-187, Title
                I, Secs. 105(4), 107(a), Jan. 8, 1980, 93 Stat. 1354,
                1357.)

    [[Page 372]]

                Sec. 437e.  (Repealed).
      399.14-7  Sec. 437g. Enforcement.
                (a) Administrative and judicial practice and procedure.
                    (1) Any person who believes a violation of this Act or
                of chapter 95 or chapter 96 of Title 26 has occurred, may
                file a complaint with the Commission. Such complaint shall
                be in writing, signed and sworn to by the person filing such
                complaint, shall be notarized, and shall be made under
                penalty of perjury and subject to the provisions of section
                1001 of Title 18. Within 5 days after receipt of a
                complaint, the Commission shall notify, in writing, any
                person alleged in the complaint to have committed such a
                violation. Before the Commission conducts any vote on the
                complaint, other than a vote to dismiss, any person so
                notified shall have the opportunity to demonstrate, in
                writing, to the commission within 15 days after notification
                that no action should be taken against such person on the
                basis of the complaint. The Commission may not conduct any
                investigation or take any other action under this section
                solely on the basis of a complaint of a person whose
                identify is not disclosed to the Commission.
                    (2) If the Commission, upon receiving a complaint under
                paragraph (1) or on the basis of information ascertained in
                the normal course of carrying out its supervisory
                responsibilities, determines, by an affirmative vote of 4 of
                its members, that it has reason to believe that a person has
                committed, or is about to commit, a violation of this Act or
                chapter 95 or chapter 96 of Title 26, the Commission shall,
                through its chairman or vice chairman, notify the person of
                the alleged violation. Such notification shall set forth the
                factual basis for such alleged violation. The Commission
                shall make an investigation of such alleged violation, which
                may include a field investigation or audit, in accordance
                with the provisions of this section.
                    (3) The general counsel of the Commission shall notify
                the respondent of any recommendation to the Commission by
                the general counsel to proceed to a vote on probable cause
                pursuant to paragraph (4)(A)(i). With such notification, the
                general counsel shall include a brief stating the position
                of the general counsel on the legal and factual issues of
                the case. Within 15 days of receipt of such brief,
                respondent may submit a brief stating the position of such
                respondent on the legal and factual issues of the case, and
                replying to the brief of general counsel. Such briefs shall
                be filed with the Secretary of the Commission and shall be
                considered by the Commission before proceeding under
                paragraph (4).
                    (4)(A)(i) Except as provided in clause (ii), if the
                Commission determines, by an affirmative vote of 4 of its
                members, that there is probable cause to believe that any
                person has committed, or is about to commit, a violation of
                this Act or of chapter 95 or chapter 96 of Title 26, the
                Commission shall attempt, for a period of at least 30 days,
                to correct or prevent such violation by informal methods of
                conference, conciliation, and persuasion, and to enter into
                a conciliation agreement with any person involved. Such
                attempt by the commission to correct or prevent such
                violation may continue for a period of not more than 90
                days. The Commission may not enter into a conciliation
                agreement under this clause except pursuant to an
                affirmative vote of 4 of its members. A conciliation
                agreement, unless violated, is a complete bar to any fur-

    [[Page 373]]

                ther action by the Commission, including the bringing of a
                civil proceeding under paragraph (6)(A).
                    (ii) If any determination of the Commission under clause
                (i) occurs during the 45-day period immediately preceding
                any election, then the Commission shall attempt, for a
                period of at least 15 days, to correct or prevent the
                violation involved by the methods specified in clause (i).
                    (B)(i) No action by the Commission or any person, and no
                information derived, in connection with any conciliation
                attempt by the Commission under subparagraph (A) may be made
                public by the Commission without the written consent of the
                respondent and the Commission.
                    (ii) If a conciliation agreement is agreed upon by the
                Commission and the respondent, the Commission shall make
                public any conciliation agreement signed by both the
                Commission and the respondent. If the Commission makes a
                determination that a person has not violated this Act or
                chapter 95 or chapter 96 of Title 26, the Commission shall
                make public such determination.
                    (5)(A) If the Commission believes that a violation of
                this Act or of chapter 95 or chapter 96 of Title 26 has been
                committed, a conciliation agreement entered into by the
                Commission under paragraph (4)(A) may include a requirement
                that the person involved in such conciliation agreement
                shall pay a civil penalty which does not exceed the greater
                of $5,000 or an amount equal to any contribution or
                expenditure involved in such violation.
                    (B) If the Commission believes that a knowing and
                willful violation of this Act or of chapter 95 or chapter 96
                of Title 26 has been committed, a conciliation agreement
                entered into by the Commission under paragraph (4)(A) may
                require that the person involved in such conciliation
                agreement shall pay a civil penalty which does not exceed
                the greater of $10,000 or an amount equal to 200 percent of
                any contribution or expenditure involved in such violation.
                    (C) If the Commission by an affirmative vote of 4 of its
                members, determines that there is probable cause to believe
                that a knowing and willful violation of this Act which is
                subject to subsection (d) of this section or a knowing and
                willful violation of chapter 95 or chapter 96 of Title 26,
                has occurred or is about to occur, it may refer such
                apparent violation to the Attorney General of the United
                States without regard to any limitations set forth in
                paragraph (4)(A).
                    (D) In any case in which a person has entered into a
                conciliation agreement with the Commission under paragraph
                (4)(A), the Commission may institute a civil action for
                relief under paragraph (6)(A) if it believes that the person
                has violated any provision of such conciliation agreement.
                For the Commission to obtain relief in any civil action, the
                Commission need only establish that the person has violated,
                in whole or in part, any requirement of such conciliation
                agreement.
                    (6)(A) If the Commission is unable to correct or prevent
                any violation of this Act or of chapter 95 or chapter 96 of
                Title 26, by the methods specified in paragraph (4)(A), the
                Commission may, upon an affirmative vote of 4 of its
                members, institute a civil action for relief, including a
                permanent or temporary injunction, restraining order, or any
                other appropriate order (including an order for a civil
                penalty which does not exceed the greater of $5,000 or an
                amount equal to any contribution or expenditure involved in
                such violation) in the district court of the

    [[Page 374]]

                United States for the district in which the person against
                whom such action is brought is found, resides, or transacts
                business.
                    (B) In any civil action instituted by the Commission
                under subparagraph graph (A), the court may grant a
                permanent or temporary injunction, restraining order, or
                other order, including a civil penalty which does not exceed
                the greater of $5,000 or an amount equal to any contribution
                or expenditure involved in such violation, upon a proper
                showing that the person involved has committed, or is about
                to commit (if the relief sought is a permanent or temporary
                injunction or a restraining order), a violation of this Act
                or chapter 95 or chapter 96 of Title 26.
                    (C) In any civil action for relief instituted by the
                Commission under subparagraph (A), if the court determines
                that the Commission has established that the person involved
                in such civil action has committed a knowing and willful
                violation of this Act or of chapter 95 or chapter 96 of
                Title 26, the court may impose a civil penalty which does
                not exceed the greater of $10,000 or an amount equal to 200
                percent of any contribution or expenditure involved in such
                violation.
                    (7) In any action brought under paragraph (5) or (6),
                subpenas for witnesses who are required to attend a United
                States district court may run into any other district.
                    (8)(A) Any party aggrieved by an order of the Commission
                dismissing a complaint filed by such party under paragraph
                (1), or by a failure of the Commission to act on such
                complaint during the 120-day period beginning on the date
                the complaint is filed, may file a petition with the United
                States District Court for the District of Columbia.
                    (B) Any petition under subparagraph (A) shall be filed,
                in the case of a dismissal of a complaint by the Commission,
                within 60 days after the date of the dismissal.
                    (C) In any proceeding under this paragraph the court may
                declare that the dismissal of the complaint or the failure
                to act is contrary to law, and may direct the Commission to
                conform with such declaration within 30 days, failing which
                the complainant may bring, in the name of such complaint, a
                civil action to remedy the violation involved in the
                original complaint.
                    (9) Any judgment of a district court under this
                subsection may be appealed to the court of appeals, and the
                judgment of the court of appeals affirming or setting aside,
                in whole or in part, any such order of the district court
                shall be final, subject to review by the Supreme Court of
                the United States upon certiorari or certification as
                provided in section 1254 of Title 28.
                    (10) Repealed. (98 Stat. 3357)
                    (11) If the Commission determines after an investigation
                that any person has violated an order of the court entered
                in a proceeding brought under paragraph (6), it may petition
                the court for an order to hold such person in civil
                contempt, but if it believes the violation to be knowing and
                willful it may petition the court for an order to hold such
                person in criminal contempt.
                    (12)(A) Any notification or investigation made under
                this section shall not be made public by the Commission or
                by any person without the written consent of the person
                receiving such notification or the person with respect to
                whom such investigation is made.

    [[Page 375]]

                    (B) Any member or employee of the Commission, or any
                other person, who violates the provisions of subparagraph
                (A) shall be fined not more than $2,000. Any such member,
                employee, or other person who knowingly and willfully
                violates the provisions of subparagraph (A) shall be fined
                not more than $5,000.
                (b) Notice to persons not filing required reports prior to
                    institution of enforcement action; publication of
                    identity of persons and unfiled reports.
                    Before taking any action under subsection (a) against
                any person who has failed to file a report required under
                section 434(a)(2)(A)(iii) of this title for the calendar
                quarter immediately preceding the election involved, or in
                accordance with section 434(a)(2)(A)(i) of this title, the
                Commission shall notify the person of such failure to file
                the required reports. If a satisfactory response is not
                received within 4 business days after the date of
                notification, the Commission shall, pursuant to section
                438(a)(7) of this title, publish before the election the
                name of the person and the report or reports such person has
                failed to file.
                (c) Reports by Attorney General of apparent violations.
                    Whenever the Commission refers an apparent violation to
                the Attorney General, the Attorney General shall report to
                the Commission any action taken by the Attorney General
                regarding the apparent violation. Each report shall be
                transmitted within 60 days after the date the Commission
                refers an apparent violation, and every 30 days thereafter
                until the final disposition of the apparent violation.
                (d) Penalties; defenses; mitigation of offenses.
                    (1)(A) Any person who knowingly and willfully commits a
                violation of any provision of this Act which involves the
                making, receiving, or reporting of any contribution or
                expenditure aggregating $2,000 or more during a calendar
                year shall be fined, or imprisoned for not more than one
                year, or both. The amount of this fine shall not exceed the
                greater of $25,000 or 300 percent of any contribution or
                expenditure involved in such violation.
                    (B) In the case of a knowing and willful violation of
                section 316(b)(3), the penalties set forth in this
                subsection shall apply to a violation involving an amount
                aggregating $250 or more during a calendar year. Such
                violation of section 441b(b)(3) of this title may
                incorporate a violation of section 441c(b), 441f, or 441g of
                this title.
                    (C) In the case of a knowing and willful violation of
                section 441h of this title, the penalties set forth in this
                subsection shall apply without regard to whether the making,
                receiving, or reporting of a contribution or expenditure of
                $1,000 or more is involved.
                    (2) In any criminal action brought for a violation of
                any provision of this Act or of chapter 95 or of chapter 96
                of Title 26, any defendant may evidence their lack of
                knowledge or intent to commit the alleged violation by
                introducing as evidence a conciliation agreement entered
                into between the defendant and the Commission under
                subsection (a)(4)(A) of this section which specifically
                deals with the act or failure to act constituting such
                violation and which is still in effect.
                    (3) In any criminal action brought for a violation of
                any provision of this Act or of chapter 95 or chapter 96 of
                Title 26, the court before which such action is brought
                shall take into account, in weighing the

    [[Page 376]]

                seriousness of the violation and in considering the
                appropriateness of the penalty to be imposed if the
                defendant is found guilty, whether--
                                (A) the specific act or failure to act which
                            constitutes the violation for which the action
                            was brought is the subject of a conciliation
                            agreement entered into between the defendant and
                            the Commission under subparagraph (a)(4)(A);
                                (B) the conciliation agreement is in effect;
                            and
                                (C) the defendant is, with respect to the
                            violation involved, in compliance with the
                            conciliation agreement.

                (Pub. L. 92-225, Title III, Sec. 309, formerly Sec. 314, as
                added Pub. L. 93-443, Title II, Sec. 208(a), Oct. 15, 1974,
                88 Stat. 1284, renumbered Sec. 313 and amended Pub. L. 94-
                283, Title I, Secs. 105, 109, May 11, 1976, 90 Stat.
                481, 483, renumbered Sec. 309 and amended Pub. L. 96-187,
                Title I, Secs. 105(4), 108, Jan. 8, 1980, 93 Stat. 1354,
                1358.)

      399.14-8  Sec. 437h. Judicial review.
                    The Commission, the national committee of any political
                party, or any individual eligible to vote in any election
                for the office of President may institute such actions in
                the appropriate district court of the United States,
                including actions for declaratory judgment, as may be
                appropriate to construe the constitutionality of any
                provision of this Act. The district court immediately shall
                certify all questions of constitutionality of this Act to
                the United States court of appeals for the circuit involved,
                which shall hear the matter sitting en banc.

                (b) Repealed. (102 Stat. 663)
                (c) Repealed. (98 Stat. 3357)

                (Pub. L. 92-225, title III, Sec. 310, formerly Sec. 315, as
                added Pub. L. 93-443, title II, Sec. 208(a), Oct. 15, 1974,
                88 Stat. 1285; renumbered Sec. 314 and amended Pub. L. 94-
                283, title I, Secs. 105, 115(e), May 11, 1976, 90 Stat.
                481, 496; renumbered Sec. 310 and amended Pub. L. 96-187,
                title I, Secs. 105(4), 112(c), Jan. 8, 1980, 93 Stat.
                1354, 1366; Pub. L. 98-620, title IV, Sec. 402(1)(B), Nov.
                8, 1984, 98 Stat. 3357; Pub. L. 100-352, Sec. 6(a), June 27,
                1988, 102 Stat. 663.)

        399.15  Sec. 438. Administrative provisions.
                (a) Duties of Commission.
                    The Commission shall--
                    (1) prescribe forms necessary to implement this Act;
                    (2) prepare, publish, and furnish to all persons
                required to file reports and statements under this Act a
                manual recommending uniform methods of bookkeeping and
                reporting;
                    (3) develop a filing, coding, and cross-indexing system
                consistent with the purposes of this Act;
                    (4) with 48 hours after the time of the receipt by the
                Commission of reports and statements filed with it, make
                them available for public inspection, and copying, at the
                expense of the person requesting such copying except that
                any information copied from such reports or statements may
                not be sold or used by any person for the purpose of
                soliciting contributions or for commercial purposes, other
                than using the name, and address of any political committee
                to solicit contributions from such committee. A political
                committee may submit 10 pseudonyms on each report filed in
                order to protect against the illegal use of names and

    [[Page 377]]

                addresses of contributors, provided such committee attaches
                a list of such pseudonyms to the appropriate report. The
                Clerk, Secretary, or the Commission shall exclude these
                lists from the public record;
                    (5) keep such designations, reports, and statements for
                a period of 10 years from the date of receipt, except that
                designations, reports, and statements that relate solely to
                candidates for the House of Representatives shall be kept
                for 5 years from the date of their receipt;
                    (6)(A) compile and maintain a cumulative index of
                designations, reports, and statements filed under this Act,
                which index shall be published at regular intervals and made
                available for purchase directly or by mail;
                    (B) compile, maintain, and revise a separate cumulative
                index of reports and statements filed by multi-candidate
                committees, including in such index a list of multi-
                candidate committees; and
                    (C) compile and maintain a list of multi-candidate
                committees, which shall be revised and made available
                monthly;
                    (7) prepare and publish periodically lists of authorized
                committees which fail to file reports as required by this
                Act;
                    (8) prescribe rules, regulations, and forms to carry out
                the provisions of this Act, in accordance with the
                provisions of subsection (d);
                    (9) transmit to the President and to each House of the
                Congress no later than June 1 of each year, a report which
                states in detail the activities of the Commission in
                carrying out its duties under this Act, and any
                recommendations for any legislative or other action the
                Commission considers appropriate; and
                    (10) serve as a national clearinghouse for the
                compilation of information and review of procedures with
                respect to the administration of Federal elections. The
                Commission may enter into contracts for the purpose of
                conducting studies under this paragraph. Reports or studies
                made under this paragraph shall be available to the public
                upon the payment of the cost thereof, except that copies
                shall be made available without cost, upon request, to
                agencies and branches of the Federal Government.
                (b) Audits and field investigations.
                    The Commission may conduct audits and field
                investigations of any political committee required to file a
                report under section 434 of this title. All audits and field
                investigations concerning the verification for, and receipt
                and use of, any payments received by a candidate or
                committee under chapter 95 or chapter 96 of Title 26 shall
                be given priority. Prior to conducting any audit under this
                subsection, the Commission shall perform an internal review
                of reports filed by selected committees to determine if the
                reports filed by a particular committee meet the threshold
                requirements for substantial compliance with the Act. Such
                thresholds for compliance shall be established by the
                Commission. The Commission may, upon an affirmative vote of
                4 of its members, conduct an audit and field investigation
                of any committee which does meet the threshold requirements,
                established by the Commission. Such audit shall be commenced
                within 30 days of such vote, except that any audit of an
                authorized committee of a candidate, under the provisions of
                this subsection, shall be commenced within 6 months of the
                election for which such committee is authorized.

    [[Page 378]]

                (c) Statutory provisions applicable to forms and
                    information-gathering activities.
                    Any forms prescribed by the Commission under subsection
                (a)(1), and any information-gathering activities of the
                Commission under this Act, shall not be subject to the
                provisions of section 3512 of Title 44.
                (d) Rules, regulations, or forms; issuance, procedures
                    applicable, etc.
                    (1) Before prescribing any rule, regulation, or form
                under this section or any other provision of this Act, the
                Commission shall transmit a statement with respect to such
                rule, regulation, or form to the Senate and the House of
                Representatives, in accordance with this subsection. Such
                statement shall set forth the proposed rule, regulation, or
                form, and shall contain a detailed explanation and
                justification of it.
                    (2) If either House of the Congress does not disapprove
                by resolution any proposed rule or regulation submitted by
                the Commission under this section within 30 legislative days
                after the date of the receipt of such proposed rule or
                regulation or within 10 legislative days after the date of
                receipt of such proposed form, the Commission may prescribe
                such rule, regulation, or form.
                    (3) For purposes of this subsection, the term
                ``legislative day'' means, with respect to statements
                transmitted to the Senate, any calendar day on which the
                Senate is in session, and with respect to statements
                transmitted to the House of Representatives, any calendar
                day on which the House of Representatives is in session.
                    (4) For purposes of this subsection, the terms ``rule''
                and ``regulation'' mean a provision or series of
                interrelated provisions stating a single, separable rule of
                law.
                    (5)(A) A motion to discharge a committee of the Senate
                from the consideration of a resolution relating to any such
                rule, regulation, or form or a motion to proceed to the
                consideration of such resolution, is highly privileged and
                shall be decided without debate.
                    (B) Whenever a committee of the House of Representatives
                reports any resolution relating to any such form, rule or
                regulation, it is at any time thereafter in order (even
                though a previous motion to the same effect has been
                disagreed to) to move to proceed to the consideration of the
                resolution. The motion is highly privileged and is not
                debatable. An amendment to the motion is not in order, and
                is not in order to move to reconsider the vote by which the
                motion is agreed to or disagreed with.
                (e) Scope of protection for good faith reliance upon rules
                    or regulations.
                    Notwithstanding any other provision of law, any person
                who relies upon any rule or regulation prescribed by the
                Commission in accordance with the provisions of this section
                and who acts in good faith in accordance with such rule or
                regulation shall not, as a result of such act, be subject to
                any sanction provided by this Act or by chapter 95 or
                chapter of Title 26.

    [[Page 379]]

                (f) Promulgation of rules, regulations, and forms by
                    Commission and Internal Revenue Service; report to
                    Congress on cooperative efforts.
                    In prescribing such rules, regulations, and forms under
                this section, the Commission and the Internal Revenue
                Service shall consult and work together to promulgate rules,
                regulations, and forms which are mutually consistent. The
                Commission shall report to the Congress annually on the
                steps it has taken to comply with this subsection. (Pub. L.
                92-225, Title III, Sec. 311, formerly Sec. 308, Feb. 7,
                1972, 86 Stat. 16, renumbered Sec. 316 and amended Pub. L.
                93-443, Title II, Secs. 208(a), (c) (8)-(10), 209(a)(1),
                (b), Oct. 15, 1974, 88 Stat. 1279, 1286, 1287, renumbered
                Sec. 315 and amended Pub. L. 94-283, Title I, Secs. 105,
                110, May 11, 1976, 90 Stat. 481, 486, renumbered Sec. 311
                and amended Pub. L. 96-187, Title I, Secs. 105(4), 109,
                Jan. 8, 1980, 93 Stat. 1354, 1362.)
        399.16  Sec. 439. Statements filed with State officers;
                    ``appropriate State'' defined; duties of State officers.
                    (a)(1) A copy of each report and statement required to
                be filed by any person under this Act shall be filed by such
                person with the Secretary of State (or equivalent State
                officer) of the appropriate State, or, if different, the
                officer of such State who is charged by State law with
                maintaining State election campaign reports. The chief
                executive officer of such State shall designate any such
                officer and notify the Commission of any such designation.
                    (2) For purposes of this subsection, the term
                ``appropriate State'' means--
                                (A) for statements and reports in connection
                            with the campaign for nomination for election of
                            a candidate to the office of President or Vice
                            President, each State in which an expenditure is
                            made on behalf of the candidate; and
                                (B) for statements and reports in connection
                            with the campaign for nomination for election,
                            or election, of a candidate to the office of
                            Senator or Representative in, or Delegate or
                            Resident Commissioner to, the Congress, the
                            State in which the candidate seeks election;
                            except that political committees other than
                            authorized committees are only required to file,
                            and Secretaries of State required to keep, that
                            portion of the report applicable to candidates
                            seeking election in that State.
                    (b) The Secretary of State (or equivalent State
                officer), or the officer designated under subsection (a)(1)
                of this section, shall--
                                (1) receive and maintain in an orderly
                            manner all reports and statements required by
                            this Act to be filed therewith;
                                (2) keep such reports and statements (either
                            in original filed form or in facsimile copy by
                            microfilm or otherwise) for 2 years after their
                            date of receipt;
                                (3) make each report and statement filed
                            therewith available as soon as practicable (but
                            within 48 hours of receipt) for public
                            inspection and copying during regular business
                            hours, and permit copying of any such report or
                            statement by hand or by duplicating machine at
                            the request of any person, except that such
                            copying shall be at the expense of the person
                            making the request; and
                                (4) compile and maintain a current list of
                            all reports and statements pertaining to each
                            candidate.

    [[Page 380]]

                (Pub. L. 92-225, Title III, Sec.  314, formerly Sec.  320,
                as added Pub. L. 93-renumbered Sec.  317 and amended Pub. L.
                93-443, Title II, Sec.  208(a), (c) (11), Oct. 15, 1974, 88
                Stat. 1279, 1287; renumbered Sec.  316, Pub. L. 94-283,
                Title I, Sec.  105, May 11, 1976, 90 Stat. 481, renumbered
                Sec.  312 and amended Pub. L. 96-187, Title I, Secs.
                105(4), 110, Jan. 8, 1980, 93 Stat. 1354, 1365.)

      399.16-1  Sec. 439a. Use of contributed amounts for certain purposes.
                    Amounts received by a candidate as contributions that
                are in excess of any amount necessary to defray his
                expenditures, and any other amounts contributed to an
                individual for the purpose of supporting his or her
                activities as a holder of Federal office, may be used by
                such candidate or individual, as the case may be, to defray
                any ordinary and necessary expenses incurred in connection
                with his or her duties as a holder of Federal office, may be
                contributed to any organization described in section 170(c)
                of Title 26, or may be used for any other lawful purpose,
                including transfers without limitation to any national,
                State, or local committee of any political party; except
                that no such amounts may be converted by any person to any
                personal use, other than to defray any ordinary and
                necessary expenses incurred in connection with his or her
                duties as a holder of Federal office. (Pub. L. 92-225, Title
                III, Sec. 313, formerly Sec. 318, as added Pub. L. 93-443,
                Title II, Sec. 210, Oct. 15, 1974, 88 Stat. 1289, renumbered
                Sec. 317, Pub. L. 94-283, Title I, Sec. 105, May 11, 1976,
                90 Stat. 481, renumbered Sec. 313 and amended Pub. L. 96-
                187, Title I, Secs. 105(4), 113, Jan. 8, 1980, 93 Stat.
                1354, 1366; Pub. L. 101-194, Title V, Sec. 504(a), Nov. 30,
                1989, 103 Stat. 1755.)
                Sec. 439b. (Repealed.)
      399.16-3  Sec. 439c. Authorization of appropriations.
                    There are authorized to be appropriated to the
                Commission for the purpose of carrying out its functions
                under this Act, and under chapters 95 and 96 of title 26,
                not to exceed $5,000,000 for the fiscal year ending June 30,
                1975. There are authorized to be appropriated to the
                Commission $6,000,000 for the fiscal year ending June 30,
                1976, $1,500,000 for the period beginning July 1, 1976, and
                ending September 30, 1976, $6,000,000 for the fiscal year
                ending September 30, 1977, and $7,811,500 for the fiscal
                year ending September 30, 1978, and $9,400,000 (of which not
                more than $400,000 is authorized to be appropriated for the
                national clearinghouse function described in section
                311(a)(10) for the fiscal year ending September 30, 1981.

                Sec. 440. (Repealed.)
                Sec. 441. (Repealed.)
        399.17  Sec. 441a. Limitations on contributions and expenditures.
                (a) Dollar limits on contributions.
                    (1) No person shall make contributions--
                                (A) to any candidate and his authorized
                            political committees with respect to any
                            election for Federal office which, in the
                            aggregate, exceed $1,000;
                                (B) to the political committees established
                            and maintained by a national political party,
                            which are not the authorized political com-

    [[Page 381]]

                            mittees of any candidate, in any calendar year
                            which, in the aggregate, exceed $20,000; or
                                (C) to any other political committee in any
                            calendar year which, in the aggregate, exceed
                            $5,000.
                    (2) No multicandidate political committee shall make
                contributions--
                                (A) to any candidate and his authorized
                            political committees with respect to any
                            election for Federal office which, in the
                            aggregate, exceed $5,000;
                                (B) to the political committees established
                            and maintained by a national political party,
                            which are not the authorized political
                            committees of any candidate, in any calendar
                            year, which, in the aggregate, exceed $15,000;
                            or
                                (C) to any other political committee in any
                            calendar year which, in the aggregate, exceed
                            $5,000.
                    (3) No individual shall make contributions aggregating
                more than $25,000 in any calendar year. For purposes of this
                paragraph, any contribution made to a candidate in a year
                other than the calendar year in which the election is held
                with respect to which such contribution is made, is
                considered to be made during the calendar year in which such
                election is held.
                    (4) The limitations on contributions contained in
                paragraphs (1) and (2) do not apply to transfers between and
                among political committees which are national, State,
                district, or local committees (including any subordinate
                committee thereof) of the same political party. For purposes
                of paragraph (2), the term ``multicandidate political
                committee'' means a political committee which has been
                registered under section 433 for a period of not less than 6
                months, which has received contributions from more than 50
                persons, and, except for any State political party
                organization, has made contributions to 5 or more candidates
                for Federal office.
                    (5) For purposes of the limitations provided by
                paragraph (1) and paragraph (2), all contributions made by
                political committees established or financed or maintained
                or controlled by any corporation, labor organization, or any
                other person, including any parent, subsidiary, branch,
                division, department, or local unit of such corporation,
                labor organization, or any other person, or by any group of
                such persons, shall be considered to have been made by a
                single political committee, except that (A) nothing in this
                sentence shall limit transfers between political committees
                of funds raised through joint fund raising efforts; (B) for
                purposes of the limitations provided by paragraph (1) and
                paragraph (2) all contributions made by a single political
                committee established or financed or maintained or
                controlled by a national committee of a political party and
                by a single political committee established or financed or
                maintained or controlled by the State committee of a
                political party shall not be considered to have been made by
                a single political committee; and (C) nothing in this
                section shall limit the transfer of funds between the
                principal campaign committee of a candidate seeking
                nomination or election to a Federal office and the principal
                campaign committee of that candidate for nomination or
                election to another Federal office if (i) such transfer is
                not made when the candidate is actively seeking nomination
                or election to both such offices; (ii) the limitations
                contained in this Act on contributions by persons are not
                exceeded by such transfer; and (iii) the candidate has not
                elected to receive any funds under chapter

    [[Page 382]]

                95 or chapter 96 of the Internal Revenue Code of 1954. In
                any case in which a corporation and any of its subsidiaries,
                branches, divisions, departments, or local units, or a labor
                organization and any of its subsidiaries, branches,
                divisions, departments, or local units establish or finance
                or maintain or control more than one separate segregated
                fund, all such separate segregated funds shall be treated as
                a single separate segregated fund for purposes of the
                limitations provided by paragraph (1) and paragraph (2).
                    (6) The limitations on contributions to a candidate
                imposed by paragraphs (1) and (2) of this subsection shall
                apply separately with respect to each election, except that
                all elections held in any calendar year for the office of
                President of the United States (except a general election
                for such office) shall be considered to be one election.
                    (7) For purposes of this subsection--
                                (A) contributions to a named candidate made
                            to any political committee authorized by such
                            candidate to accept contributions on his behalf
                            shall be considered to be contributions made to
                            such candidate;
                                (B)(i) expenditures made by any person in
                            cooperation, consultation, or concert, with, or
                            at the request or suggestion of, a candidate,
                            his authorized political committees, or their
                            agents, shall be considered to be a contribution
                            to such candidate;
                                (ii) the financing by any person of the
                            dissemination, distribution, of republication,
                            in whole or in part, of any broadcast or any
                            written, graphic, or other form of campaign
                            materials prepared by the candidate, his
                            campaign committees, or their authorized agents
                            shall be considered to be an expenditure for
                            purposes of this paragraph; and
                                (C) contributions made to or for the benefit
                            of any candidate nominated by a political party
                            for election to the office of Vice President of
                            the United States shall be considered to be
                            contributions made to or for the benefit of the
                            candidate of such party for election to the
                            office of President of the United States.
                    (8) For purposes of the limitations imposed by this
                section, all contributions made by a person, either directly
                or indirectly, on behalf of a particular candidate,
                including contributions which are in any way earmarked or
                otherwise directed through an intermediary or conduit to
                such candidate, shall be treated as contributions from such
                person to such candidate. The intermediary or conduit shall
                report the original source and the intended recipient of
                such contribution to the Commission and to the intended
                recipient.

                (b) Dollar limits on expenditures by candidates for office
                    of President of the United States.
                    (1) No candidate for the office of President of the
                United States who is eligible under section 9003 of the
                Internal Revenue Code of 1954 (relating to condition for
                eligibility for payments) or under section 9033 of the
                Internal Revenue Code of 1954 (relating to eligibility for
                payments) to receive payments from the Secretary of the
                Treasury may make expenditures in excess of--
                                (A) $10,000,000 in the case of a campaign
                            for nomination for election to such office,
                            except the aggregate of expenditures under this
                            subparagraph in any one State shall not exceed
                            the greater

    [[Page 383]]

                            of 16 cents multiplied by the voting age
                            population of the State (as certified under
                            subsection (e)), or $200,000; or
                                (B) $20,000,000 in the case of a campaign
                            for election to such office.
                    (2) For purposes of this subsection--
                                (A) expenditures made by or on behalf of any
                            candidate nominated by a political party for
                            election to the office of Vice President of the
                            United States shall be considered to be
                            expenditures made by or on behalf of the
                            candidate of such party for election to the
                            office of President of the United States; and
                                (B) an expenditure is made on behalf of a
                            candidate, including a vice presidential
                            candidate, if it is made by--

                                    (i) an authorized committee or any other
                                agent of the candidate for purposes of
                                making any expenditure; or

                                    (ii) any person authorized or requested
                                by the candidate, an authorized committee of
                                the candidate, or any agent of the
                                candidate, to make the expenditure.

                (c) Increases on limits based on increases in price index.
                    (c)(1) At the beginning of each calendar year
                (commencing in 1976), as there become available necessary
                data from the Bureau of Labor Statistics of the Department
                of Labor, the Secretary of Labor shall certify to the
                Commission and publish in the Federal Register the percent
                difference between the price index for the 12 months
                preceding the beginning of such calendar year and the price
                index for the base period. Each limitation established by
                subsection (b) and subsection (d) shall be increased by such
                percent difference. Each amount so increased shall be the
                amount in effect for such calendar year.
                    (2) For purposes of paragraph (1)--
                                (A) the term ``price index'' means the
                            average over a calendar year of the Consumer
                            Price Index (all items--United States city
                            average) published monthly by the Bureau of
                            Labor Statistics; and
                                (B) the term ``base period'' means the
                            calendar year 1974.

                (d) Expenditures by national committee, State committee, or
                    subordinate committee of State committee in connection
                    with general election campaign of candidates for Federal
                    office.
                    (1) Notwithstanding any other provision of law with
                respect to the limitations on expenditures or limitations on
                contributions, the national committee of a political party
                and a State committee of a political party, including any
                subordinate committee of a State committee, may make
                expenditures in connection with the general election
                campaign of candidates for Federal office, subject to the
                limitations contained in paragraphs (2) and (3) of this
                subsection.
                    (2) The national committee of a political party may not
                make any expenditure in connection with the general election
                campaign of any candidate for President of the United States
                who is affiliated with such party which exceeds an amount
                equal to 2 cents multiplied by the voting age population of
                the United States (as certified under subsection (e)). Any
                expenditure under this paragraph shall be in addition to any
                expenditure by a national committee of a political party
                serving as the principal campaign committee of a candidate
                for the office of President of the United States.

    [[Page 384]]

                    (3) The national committee of a political party, or a
                State committee of a political party, including any
                subordinate committee of a State committee, may not make any
                expenditure in connection with the general election campaign
                of a candidate for Federal office in a State who is
                affiliated with such party which exceeds--
                                (A) in the case of a candidate for election
                            to the office of Senator, or of Representative
                            from a State which is entitled to only one
                            Representative, the greater of--

                                    (i) 2 cents multiplied by the voting age
                                population of the State (as certified under
                                subsection (e)); or

                                    (ii) $20,000; and

                                (B) in the case of a candidate for election
                            to the office of Representative, Delegate, or
                            Resident Commissioner in any other State,
                            $10,000.

                (e) Certification and publication of estimated voting age
                    population.
                    During the first week of January 1975, and every
                subsequent year, the Secretary of Commerce shall certify to
                the Commission and publish in the Federal Register an
                estimate of the voting age population of the United States,
                of each State, and of each congressional district as of the
                first day of July next preceding the date of certification.
                The term ``voting age population'' means resident
                population, 18 years of age or older.

                (f) Prohibited contributions and expenditures.
                    No candidate or political committee shall knowingly
                accept any contribution or make any expenditure in violation
                of the provisions of this section. No officer or employee of
                a political committee shall knowingly accept a contribution
                made for the benefit or use of a candidate, or knowingly
                make any expenditure on behalf of a candidate, in violation
                of any limitation imposed on contributions and expenditures
                under this section.

                (g) Attribution of multi-State expenditures to candidate's
                    expenditure limitation in each State.
                    The Commission shall prescribe rules under which any
                expenditure by a candidate for presidential nominations for
                use in 2 or more States shall be attributed to such
                candidate's expenditure limitation in each such State, based
                on the voting age population in such State which can
                reasonably be expected to be influenced by such expenditure.

                (h) Senatorial candidates.
                    Notwithstanding any other provision of this Act, amounts
                totaling not more than $17,500 may be contributed to a
                candidate for nomination for election, or for election, to
                the United States Senate during the year in which an
                election is held in which he is such a candidate, by the
                Republican or Democratic Senatorial Campaign Committee, or
                the national committee of a political party, or any
                combination of such committees. (May 11, 1976, Pub. L. 94-
                283, Sec. 112(2), 90 Stat. 487; Jan. 8, 1980, Pub. L. 96-
                187, Title I, Sec. 105(5), 93 Stat. 1354.)

    [[Page 385]]

      399.17-1  Sec. 441b. Contributions or expenditures by national banks,
                    corporations, or labor organizations.
                    (a) It is unlawful for any national bank, or any
                corporation organized by authority of any law of Congress,
                to make a contribution or expenditure in connection with any
                election to any political office, or in connection with any
                primary election or political convention or caucus held to
                select candidates for any political office, or for any
                corporation whatever, or any labor organization, to make a
                contribution or expenditure in connection with any election
                at which presidential and vice presidential electors or a
                Senator or Representative in, or a Delegate or Resident
                Commissioner to, Congress are to be voted for, or in
                connection with any primary election or political convention
                or caucus held to select candidates for any of the foregoing
                offices, or for any candidate, political committee, or other
                person knowingly to accept or receive any contribution
                prohibited by this section, or any officer or any director
                of any corporation or any national bank or any officer of
                any labor organization to consent to any contribution or
                expenditure by the corporation, national bank, or labor
                organization, as the case may be, prohibited by this
                section.
                    (b)(1) For the purposes of this section the term ``labor
                organization'' means any organization of any kind, or any
                agency or employee representation committee or plan, in
                which employees participate and which exists for the
                purpose, in whole or in part, of dealing with employers
                concerning grievances, labor disputes, wages, rates of pay,
                hours of employment, or conditions of work.
                    (2) For purposes of this section and section 12(h) of
                the Public Utility Holding Company Act (15 U.S.C. 791(h)),
                the term ``contribution or expenditure'' shall include any
                direct or indirect payment, distribution, loan, advance,
                deposit, or gift of money, or any services, or anything of
                value (except a loan of money by a national or State bank
                made in accordance with the applicable banking laws and
                regulations and in the ordinary course of business) to any
                candidate, campaign committee, or political party or
                organization, in connection with any election to any of the
                offices referred to in this section, but shall not include
                (A) communications by a corporation to its stockholders and
                executive or administrative personnel and their families or
                by a labor organization to its members and their families on
                any subject; (B) nonpartisan registration and get-out-the-
                vote campaigns by a corporation aimed at its stockholders
                and executive or administrative personnel and their
                families, or by a labor organization aimed at its members
                and their families; and (C) the establishment,
                administration, and solicitation of contributions to a
                separate segregated fund to be utilized for political
                purposes by a corporation, labor organization, membership
                organization, cooperative, or corporation without capital
                stock.
                    (3) It shall be unlawful--
                                (A) for such a fund to make a contribution
                            or expenditure by utilizing money or anything of
                            value secured by physical force, job
                            discrimination, financial reprisals, or the
                            threat of force, job discrimination, or
                            financial reprisal; or by dues, fees, or other
                            moneys required as a condition of membership in
                            a labor organization or as a condition of
                            employment, or by moneys obtained in any
                            commercial transaction;

    [[Page 386]]

                                (B) for any person soliciting an employee
                            for a contribution to such a fund to fail to
                            inform such employee of the political purposes
                            of such fund at the time of such solicitation;
                            and
                                (C) for any person soliciting an employee
                            for a contribution to such a fund to fail to
                            inform such employee, at the time of such
                            solicitation, of his right to refuse to so
                            contribute without any reprisal.
                    (4)(A) Except as provided in subparagraphs (B), (C), and
                (D), it shall be unlawful--
                                (i) for a corporation, or a separate
                            segregated fund established by a corporation, to
                            solicit contributions to such a fund from any
                            person other than its stockholders and their
                            families and its executive or administrative
                            personnel and their families, and
                                (ii) for a labor organization, or a separate
                            segregated fund established by a labor
                            organization, to solicit contributions to such a
                            fund from any person other than its members and
                            their families.
                    (B) It shall not be unlawful under this section for a
                corporation, a labor organization, or a separate segregated
                fund established by such corporation or such labor
                organization, to make 2 written solicitations for
                contributions during the calendar year from any stockholder,
                executive or administrative personnel, or employee of a
                corporation or the families of such persons. A solicitation
                under this subparagraph may be made only by mail addressed
                to stockholders, executive or administrative personnel, or
                employees at their residence and shall be so designed that
                the corporation, labor organization, or separate segregated
                fund conducting such solicitation cannot determine who makes
                a contribution of $50 or less as a result of such
                solicitation who does not make such a contribution.
                    (C) This paragraph shall not prevent a membership
                organization, cooperative, or corporation without capital
                stock, or a separate segregated fund established by a
                membership organization, cooperative, or corporation without
                capital stock, from soliciting contributions to such a fund
                from members of such organization, cooperative, or
                corporation without capital stock.
                    (D) This paragraph shall not prevent a trade association
                or a separate segregated fund established by a trade
                association from soliciting contributions from the
                stockholders and executive or administrative personnel of
                the member corporations of such trade association and the
                families of such stockholders or personnel to the extent
                that such solicitation of such stockholders and personnel,
                and their families, has been separately and specifically
                approved by the member corporation involved, and such member
                corporation does not approve any such solicitation by more
                than one such trade association in any calendar year.
                    (5) Notwithstanding any other law, any method of
                soliciting voluntary contributions or of facilitating the
                making of voluntary contributions to a separate segregated
                fund established by a corporation, permitted by law to
                corporations with regard to stockholders and executive or
                administrative personnel, shall also be permitted to labor
                organizations with regard to their members.
                    (6) Any corporation, including its subsidiaries,
                branches, divisions, and affiliates, that utilizes a method
                of soliciting voluntary contributions or facilitating the
                making of voluntary contributions, shall make available such
                method, on written request and at a cost sufficient only to

    [[Page 387]]

                reimburse the corporation for the expenses incurred thereby,
                to a labor organization representing any members working for
                such corporation, its subsidiaries, branches, divisions, and
                affiliates.
                    (7) For purposes of this section, the term ``executive
                or administrative personnel'' means individuals employed by
                a corporation who are paid on a salary, rather than hourly,
                basis and who have policymaking, managerial, professional,
                or supervisory responsibilities. (May 11, 1976, Pub. L. 94-
                283, Sec. 112(2), 90 Stat. 490; renumbered and amended Pub.
                L. 96-187, Title I, Secs. 105(5), 112(d), Jan. 8, 1980,
                93 Stat. 1354, 1366.)
      399.17-2  Sec. 441c. Contributions by government contractors.
                (a) Prohibition.
                    It shall be unlawful for any person--
                                (1) who enters into any contract with the
                            United States or any department or agency
                            thereof either for the rendition of personal
                            services or furnishing any material, supplies,
                            or equipment to the United States or any
                            department or agency thereof or for selling any
                            land or building to the United States or any
                            department or agency thereof, if payment for the
                            performance of such contract or payment for such
                            material, supplies, equipment, land, or building
                            is to be made in whole or in part from funds
                            appropriated by the Congress, at any time
                            between the commencement of negotiations for and
                            the later of (A) the completion of performance
                            under; or (B) the termination of negotiations
                            for, such contract or furnishing of material,
                            supplies, equipment, land, or buildings,
                            directly or indirectly to make any contribution
                            of money or other things of value, or to promise
                            expressly or impliedly to make any such
                            contribution to any political party, committee,
                            or candidate for public office or to any person
                            for any political purpose or use; or
                                (2) knowingly to solicit any such
                            contribution from any such person for any such
                            purpose during any such period.

                (b) Separate segregated funds.
                    This section does not prohibit or make unlawful the
                establishment or administration of, or the solicitation of
                contributions to, any separate segregated fund by any
                corporation, labor organization, membership organization,
                cooperative, or corporation without capital stock for the
                purpose of influencing the nomination for election, or
                election, of any person to Federal office, unless the
                provisions of section 441b prohibit or make unlawful the
                establishment or administration of, or the solicitation of
                contributions to, such fund. Each specific prohibition,
                allowance, and duty applicable to a corporation, labor
                organization, or separate segregated fund under section 441b
                applies to a corporation, labor organization, or separate
                segregated fund to which this subsection applies.

                (c) ``Labor organization'' defined.
                    For purposes of this section, the term ``labor
                organization'' has the meaning given it by section
                441b(b)(1). (May 11, 1976, Pub. L. 94-283, Sec. 112(2), 90
                Stat. 492; Jan. 8, 1980, Pub. L. 96-187, Title I,
                Sec. 105(5), 93 Stat. 1354.)

    [[Page 388]]

      399.17-3  Sec. 441d. Publication and distribution of statements and
                    solicitations; charge for newspaper or magazine space.
                    (a) Whenever any person makes an expenditure for the
                purpose of financing communications expressly advocating the
                election or defeat of a clearly identified candidate, or
                solicits any contribution through any broadcasting station,
                newspaper, magazine, outdoor advertising facility, direct
                mailing, or any other type of general public political
                advertising, such communication--
                                (1) if paid for and authorized by a
                            candidate, an authorized political committee of
                            a candidate, or its agents, shall clearly state
                            that the communication has been paid for by such
                            authorized political committee, or
                                (2) if paid for by other persons but
                            authorized by a candidate, an authorized
                            political committee of a candidate, or its
                            agents, shall clearly state that the
                            communication is paid for by such other persons
                            and authorized by such authorized political
                            committee;
                                (3) if not authorized by a candidate, an
                            authorized political committee of a candidate,
                            or its agents, shall clearly state the name of
                            the person who paid for the communication and
                            state that the communication is not authorized
                            by any candidate or candidate's committee.
                    (b) No person who sells space in a newspaper or magazine
                to a candidate or to the agent of a candidate, for use in
                connection with such candidate's campaign, may charge any
                amount for such space which exceeds the amount charged for
                comparable use of such space for other purposes. (Pub. L.
                92-225, Title III, Sec. 318, formerly Sec. 323, as added
                Pub. L. 94-283, Title I, Sec. 112(2), May 11, 1976, 90 Stat.
                493, renumbered and amended Pub. L. 96-187, Title I,
                Secs. 105(5), 111, Jan. 8, 1980, 93 Stat. 1354, 1365.)
      399.17-4  Sec. 441e. Contributions by foreign nationals.
                    (a) It shall be unlawful for a foreign national directly
                or through any other person to make any contribution of
                money or other thing of value, or to promise expressly or
                impliedly to make any such contribution, in connection with
                an election to any political office or in connection with
                any primary election, convention, or caucus held to select
                candidates for any political office; or for any person to
                solicit, accept, or receive any such contribution from a
                foreign national.
                    (b) As used in this section, the term ``foreign
                national'' means--
                                (1) a foreign principal, as such term is
                            defined by section 1(b) of the Foreign Agents
                            Registration Act of 1938 (22 U.S.C. 611(b)),
                            except that the term ``foreign national'' shall
                            not include any individual who is a citizen of
                            the United States; or
                                (2) an individual who is not a citizen of
                            the United States and who is not lawfully
                            admitted for permanent residence, as defined by
                            section 101(a)(20) of the Immigration and
                            Nationality Act (8 U.S.C. 1101(a)(20)). (May 11,
                            1976, Pub. L. 94-283, Sec. 112(2), 90 Stat. 493;
                            Jan. 8, 1980, Pub. L. 96-187, Title I,
                            Sec. 105(5), 93 Stat. 1354.)
      399.17-5  Sec. 441f. Contributions in name of another prohibited.
                    No person shall make a contribution in the name of
                another person or knowingly permit his name to be used to
                effect such a contribution, and no person shall knowingly
                accept a contribution made by one person

    [[Page 389]]

                in the name of another person. (May 11, 1976, Pub. L. 94-
                283, Sec. 112(2), 90 Stat. 494; Jan. 8, 1980, Pub. L. 96-
                187, Title I, Sec. 105(5), 93 Stat. 1354.)
      399.17-6  Sec. 441g. Limitation on contribution of currency.
                    No person shall make contributions of currency of the
                United States or currency of any foreign country to or for
                the benefit of any candidate which, in the aggregate, exceed
                $100, with respect to any campaign of such candidate for
                nomination for election, or for election, to Federal office.
                (May 11, 1976, Pub. L. 94-283, Sec. 112(2), 90 Stat. 494;
                Jan. 8, 1980, Pub. L. 96-187, Title I, Sec. 105(5), 93 Stat.
                1354.)
      399.17-7  Sec. 441h. Fraudulent misrepresentation of campaign
                    authority.
                    No person who is a candidate for Federal office or any
                employee or agent of such a candidate shall--
                                (1) fraudulently misrepresent himself or any
                            committee or organization under his control as
                            speaking or writing or otherwise acting for or
                            on behalf of any other candidate or political
                            party or employee or agent thereof on a matter
                            which is damaging to such other candidate or
                            political party or employee or agent thereof; or
                                (2) willfully and knowingly participate in
                            or conspire to participate in any plan, scheme,
                            or design to violate paragraph (1).

                (May 11, 1976, Pub. L. 94-283, Sec. 112(2), 90 Stat. 494;
                Jan. 8, 1980, Pub. L. 96-187, Title I, Sec. 105(5), 93 Stat.
                1354.)

      399.17-8  Sec. 441i. Acceptance of excessive honorariums.
                (Repealed.) (Pub. L. 102-90, Sec. 6(d), Aug. 14, 1991, 105
                    Stat. 451)
                Sec. 441j. (Repealed.)
        399.19  Sec. 442. Authority to procure technical support and other
                    services and incur travel expenses; payment of such
                    expenses.
                    For the purpose of carrying out his duties under the
                Federal Election Campaign Act of 1971, the Secretary of the
                Senate is authorized, from and after July 1, 1972, (1) to
                procure technical support services, (2) to procure the
                temporary or intermittent services of individual
                technicians, experts, or consultants, or organizations
                thereof, in the same manner and under the same conditions,
                to the extent applicable, as a standing committee of the
                Senate may procure such services under section 202(i) of the
                Legislative Reorganization Act of 1946, (3) with the prior
                consent of the Government department or agency concerned and
                the Committee on Rules and Administration, to use on a
                reimbursable basis the services of personnel of any such
                department or agency, and (4) to incur official travel
                expenses. Payments to carry out the provisions of this
                paragraph shall be made from funds included in the
                appropriation ``Miscellaneous Items'' under the heading
                ``Contingent Expenses of the Senate'' upon vouchers approved
                by the Secretary of the Senate. All sums received by the
                Secretary under authority of the Federal Election Campaign
                Act of 1971 shall be covered into the Treasury as
                miscellaneous receipts. (July 10, 1972, Pub. L. 92-342,
                Sec. 101, 86 Stat. 435.)

    [[Page 390]]

                             Subchapter II.--General Provisions

        399.20  Sec. 451. Extension of credit by regulated industries;
                    regulations.
                    The Civil Aeronautics Board, the Federal Communications
                Commission, and the Interstate Commerce Commission shall
                each promulgate, within ninety days after February 7, 1972,
                its own regulations with respect to the extension of credit,
                without security, by any person regulated by such Board or
                Commission to any candidate for Federal office, or to any
                person on behalf of such a candidate, for goods furnished or
                services rendered in connection with the campaign of such
                candidate for nomination for election, or election, to such
                office. (Feb. 7, 1972, Pub. L. 92-225, Sec. 401, 86 Stat.
                19; Oct. 15, 1974, Pub. L. 93-443, Sec. 201(b)(1), 88 Stat.
                1275.)
        399.21  Sec. 452. Prohibition against use of certain Federal funds
                    for election activities; definitions.
                    No part of any funds appropriated to carry out the
                Economic Opportunity Act of 1964 shall be used to finance,
                directly or indirectly, any activity designed to influence
                the outcome of any election to Federal office, or any voter
                registration activity, or to pay the salary of any officer
                or employee of the Office of Economic Opportunity who, in
                his official capacity as such an officer or employee,
                engages in any such activity. (Feb. 7, 1972, Pub. L. 92-225,
                Sec. 402, 86 Stat. 19; Oct. 15, 1974, Pub. L. 93-443,
                Sec. 201(b)(2), 88 Stat. 1275.)
        399.22  Sec. 453. State laws affected.
                    The provisions of this Act, and of rules prescribed
                under this Act, supersede and preempt any provision of State
                law with respect to election to Federal Office. (Feb. 7,
                1972, Pub. L. 92-225, Sec. 403, 86 Stat. 20; Oct. 15, 1974,
                Pub. L. 93-443, Sec. 301, 88 Stat. 1289.)
        399.23  Sec. 454. Partial invalidity.
                    If any provision of this Act, or the application thereof
                to any person or circumstance, is held invalid, the validity
                of the remainder of the Act and the application of such
                provision to other persons and circumstances shall not be
                affected thereby. (Feb. 7, 1972, Pub. L. 92-225, Sec. 404,
                86 Stat. 20.)
      399.23-1  Sec. 455. Period of limitations.
                (a) Three year period.
                    No person shall be prosecuted, tried, or punished for
                any violation of subchapter I of this chapter unless the
                indictment is found or the information is instituted within
                3 years after the date of the violation.

                (b) Effective date; acts or omissions, legality; pending
                    proceedings.
                    Notwithstanding any other provision of law--
                                (1) the period of limitations referred to in
                            subsection (a) of this section shall apply with
                            respect to violations referred to in such
                            subsection committed before, on, or after the
                            effective date of this section; and
                                (2) no criminal proceeding shall be
                            instituted against any person for any act or
                            omission which was a violation of any provision
                            of subchapter I of this chapter, as in effect on
                            December 31, 1974,

    [[Page 391]]

                            if such act or omission does not constitute a
                            violation of any such provision, as amended by
                            the Federal Election Campaign Act Amendments of
                            1974.

                Nothing in this subsection shall affect any proceeding
                pending in any court of the United States on the effective
                date of this section. (Feb. 7, 1972, Pub. L. 92-225,
                Sec. 406, as added, Oct. 15, 1974, Pub. L. 93-443, Sec. 302,
                88 Stat. 1289; May 11, 1976, Pub. L. 94-283, Sec. 115(f), 90
                Stat. 496.)

                Sec. 456. (Repealed.)

                        Chapter 15.--OFFICE OF TECHNOLOGY ASSESSMENT

        399.24  Sec. 471. Congressional findings and declaration of purpose.
                    The Congress hereby finds and declares that:
                                (a) As technology continues to change and
                            expand rapidly, its applications are--

                                    (1) large and growing in scale; and

                                    (2) increasingly extensive, pervasive,
                                and critical in their impact, beneficial and
                                adverse, on the natural and social
                                environment.

                                (b) Therefore, it is essential that, to the
                            fullest extent possible, the consequences of
                            technological applications be anticipated,
                            understood, and considered in determination of
                            public policy on existing and emerging national
                            problems.
                                (c) The Congress further finds that:

                                    (1) the Federal agencies presently
                                responsible directly to the Congress are not
                                designed to provide the legislative branch
                                with adequate and timely information,
                                independently developed, relating to the
                                potential impact of technological
                                applications, and

                                    (2) the present mechanisms of the
                                Congress do not and are not designed to
                                provide the legislative branch with such
                                information.

                                (d) Accordingly, it is necessary for the
                            Congress to--

                                    (1) equip itself with new and effective
                                means for securing competent, unbiased
                                information concerning the physical,
                                biological, economic, social, and political
                                effects of such applications; and

                                    (2) utilize this information, whenever
                                appropriate, as one factor in the
                                legislative assessement of matters pending
                                before the Congress, particularly in those
                                instances where the Federal Government may
                                be called upon to consider support for, or
                                management or regulation of, technological
                                applications. (Oct. 13, 1972, Pub. L. 92-
                                484, Sec. 2, 86 Stat. 797.)

        399.25  Sec. 472. Office of Technology Assessment.
                    (a) In accordance with the findings and declaration of
                purpose in section 471, there is hereby created the Office
                of Technology Assessment (hereinafter referred to as the
                ``Office'') which shall be within and responsible to the
                legislative branch of the Government.
                    (b) The Office shall consist of a Technology Assessment
                Board (hereinafter referred to as the ``Board'') which shall
                formulate and promulgate the policies of the Office, and a
                Director who shall carry out such policies and administer
                the operations of the Office.

    [[Page 392]]

                    (c) The basic function of the Office shall be to provide
                early indications of the probable beneficial and adverse
                impacts of the applications of technology and to develop
                other coordinate information which may assist the Congress.
                In carrying out such function, the Office shall:
                                (1) identify existing or probable impacts of
                            technology or technological programs;
                                (2) where possible, ascertain cause-and-
                            effect relationships;
                                (3) identify alternative techological
                            methods of implementing specific programs;
                                (4) identify alternative programs for
                            achieving requisite goals;
                                (5) make estimates and comparisons of the
                            impacts of alternative methods and programs;
                                (6) present findings of completed analyses
                            to the appropriate legislative authorities;
                                (7) identify areas where additional research
                            or data collection is required to provide
                            adequate support for the assessments and
                            estimates described in paragraphs (1) through
                            (5) of this subsection; and
                                (8) undertake such additional associated
                            activities as the appropriate authorities
                            specified under subsection (d) may direct.
                    (d) Assessment activities undertaken by the Office may
                be initiated upon the request of:
                                (1) the chairman of any standing, special,
                            or select committee of either House of the
                            Congress, or of any joint committee of the
                            Congress, acting for himself or at the request
                            of the ranking minority member or a majority of
                            the committee members;
                                (2) the Board; or
                                (3) the Director, in consultation with the
                            Board.
                    (e) Assessments made by the Office, including
                information, surveys, studies, reports, and findings related
                thereto, shall be made available to the initiating committee
                or other appropriate committees of the Congress. In
                addition, any such information, surveys, studies, reports,
                and findings produced by the Office may be made available to
                the public except where--
                                (1) to do so would violate security
                            statutes; or
                                (2) the Board considers it necessary or
                            advisable to withhold such information in
                            accordance with one or more of the numbered
                            paragraphs in section 552(b) of title 5, United
                            States Code. (Oct. 13, 1972, Pub. L. 92-484,
                            Sec. 3, 86 Stat. 797.)
        399.26  Sec. 473. Technology Assessment Board.
                    (a) The Board shall consist of thirteen members as
                follows:
                                (1) six Members of the Senate, appointed by
                            the President pro tempore of the Senate, three
                            from the majority party and three from the
                            minority party;
                                (2) six Members of the House of
                            Representatives appointed by the Speaker of the
                            House of Representatives, three from the
                            majority party and three from the minority
                            party; and
                                (3) the Director, who shall not be a voting
                            member.
                    (b) Vacancies in the membership of the Board shall not
                affect the power of the remaining members to execute the
                functions of the Board and shall be filled in the same
                manner as in the case of the original appointment.

    [[Page 393]]

                    (c) The Board shall select a chairman and a vice
                chairman from among its members at the beginning of each
                Congress. The vice chairman shall act in the place and stead
                of the chairman in the absence of the chairman. The
                chairmanship and the vice chairmanship shall alternate
                between the Senate and the House of Representatives with
                each Congress. The chairman during each even-numbered
                Congress shall be selected by the Members of the House of
                Representatives on the Board from among their number. The
                vice chairman during each Congress shall be chosen in the
                same manner from that House of Congress other than the House
                of Congress of which the chairman is a Member.
                    (d) The Board is authorized to sit and act at such
                places and times during the sessions, recesses, and
                adjourned periods of Congress, and upon a vote of a majority
                of its members, to require by subpena or otherwise the
                attendance of such witnesses and the production of such
                books, papers, and documents, to administer such oaths and
                affirmations, to take such testimony, to procure such
                printing and binding, and to make such expenditures, as it
                deems advisable. The Board may make such rules respecting
                its organization and procedures as it deems necessary,
                except that no recommendation shall be reported from the
                Board unless a majority of the Board assent. Subpenas may be
                issued over the signature of the chairman of the Board or of
                any voting member designated by him or by the Board, and may
                be served by such person or persons as may be designated by
                such chairman or member. The chairman of the Board or any
                voting member thereof may adminster oaths or affirmations to
                witnesses. (Oct. 13, 1972, Pub. L. 92-484, Sec. 4, 86 Stat.
                798.)
        399.27  Sec. 474. Director of Office of Technology Assessment.
                    (a) The Director of the Office of Technology Assessment
                shall be appointed by the Board and shall serve for a term
                of six years unless sooner removed by the Board. He shall
                receive basic pay at the rate provided for level III of the
                Executive Schedule under section 5314 of title 5.
                    (b) In addition to the powers and duties vested in him
                by this Act, the Director shall exercise such powers and
                duties as may be delegated to him by the Board.
                    (c) The Director may appoint with the approval of the
                Board, a Deputy Director who shall perform such functions as
                the Director may prescribe and who shall be Acting Director
                during the absence or incapacity of the Director or in the
                event of a vacancy in the office of Director. The Deputy
                Director shall receive basic pay at the rate provided for
                level IV of the Executive Schedule under section 5315 of
                title 5.
                    (d) Neither the Director nor the Deputy Director shall
                engage in any other business, vocation, or employment than
                that of serving as such Director or Deputy Director, as the
                case may be; nor shall the Director or Deputy Director,
                except with the approval of the Board, hold any office in,
                or act in any capacity or, any organization, agency, or
                institution with which the Office makes any contract or
                other arrangement under this chapter. (Oct. 13, 1972, Pub.
                L. 92-484, Sec. 5, 86 Stat. 799.)
        399.28  Sec. 475. Powers of Office of Technology Assessment.
                    (a) The Office shall have the authority, within the
                limits of available appropriations, to do all things
                necessary to carry out the provisions

    [[Page 394]]

                of this chapter, including, but without being limited to,
                the authority to--
                                (1) make full use of competent personnel and
                            organizations outside the Office, public or
                            private, and form special ad hoc task forces or
                            make other arrangements when appropriate;
                                (2) enter into contracts or other
                            arrangements as may be necessary for the conduct
                            of the work of the Office with any agency or
                            instrumentality of the United States, with any
                            State, territory, or possession or any political
                            subdivision thereof, or with any person, firm,
                            association, corporation, or educational
                            institution, with or without reimbursement,
                            without performance or other bonds, and without
                            regard to section 3709 of the Revised Statutes
                            (41 U.S.C. 5);
                                (3) make advance, progress, and other
                            payments which relate to technology assessment
                            without regard to the provisions of section 3648
                            of the Revised Statutes (31 U.S.C. 529);
                                (4) accept and utilize the services of
                            voluntary and uncompensated personnel necessary
                            for the conduct of the work of the Office and
                            provide transportation and subsistence as
                            authorized by section 5703 of title 5 for
                            persons serving without compensation;
                                (5) acquire by purchase, lease, loan, or
                            gift, and hold and dispose of by sale, lease, or
                            loan, real and personal property of all kinds
                            necessary for or resulting from the exercise of
                            authority granted by this chapter; and
                                (6) prescribe such rules and regulations as
                            it deems necessary governing the operation and
                            organization of the Office.
                    (b) Contractors and other parties entering into
                contracts and other arrangements under this section which
                involve costs to the Government shall maintain such books
                and related records as will facilitate an effective audit in
                such detail and in such manner as shall be prescribed by the
                Office, and such books and records (and related documents
                and papers) shall be available to the Office and the
                Comptroller General of the United States, or any of their
                duly authorized representatives, for the purpose of audit
                and examination.
                    (c) The Office, in carrying out the provisions of this
                chapter, shall not, itself, operate any laboratories, pilot
                plants, or test facilities.
                    (d) The Office is authorized to secure directly from any
                executive department or agency information, suggestions,
                estimates, statistics, and technical assistance for the
                purpose of carrying out its functions under this chapter.
                Each such executive department or agency shall furnish the
                information, suggestions, estimates, statistics, and
                technical assistance directly to the Office upon its
                request.
                    (e) On request of the Office, the head of any executive
                department or agency may detail, with or without
                reimbursement, any of its personnel to assist the Office in
                carrying out its functions under this chapter.
                    (f) The Director shall, in accordance with such policies
                as the Board shall prescribe, appoint and fix the
                compensation of such personnel as may be necessary to carry
                out the provisions of this chapter. (Oct. 13, 1972, Pub. L.
                92-484, Sec. 6, 86 Stat. 799.)
        399.29  Sec. 476. Technology Assessment Advisory Council.
                    (a) The Office shall establish a Technology Assessment
                Advisory Council (hereinafter referred to as the
                ``Council''). The Council shall be composed of the following
                twelve members:

    [[Page 395]]

                                (1) ten members from the public, to be
                            appointed by the Board, who shall be persons
                            eminent in one or more fields of the physical,
                            biological, or social sciences or engineering or
                            experienced in the administration of
                            technological activities, or who may be judged
                            qualified on the basis of contributions made to
                            educational or public activities;
                                (2) the Comptroller General; and
                                (3) the Director of the Congressional
                            Research Service of the Library of Congress.
                    (b) The Council, upon request by the Board, shall--
                                (1) review and make recommendations to the
                            Board on activities undertaken by the Office or
                            on the initiation thereof in accordance with
                            section 472(d);
                                (2) review and make recommendations to the
                            Board on the findings of any assessment made by
                            or for the Office; and
                                (3) undertake such additional related tasks
                            as the Board may direct.
                    (c) The Council, by majority vote, shall elect from its
                members appointed under subsection (a)(1) of this section a
                Chairman and a Vice Chairman, who shall serve for such time
                and under such conditions as the Council may prescribe. In
                the absence of the Chairman, or in the event of his
                incapacity, the Vice Chairman shall act as Chairman.
                    (d) The term of office of each member of the Council
                appointed under subsection (a)(1) shall be four years except
                that any such member appointed to fill a vacancy occurring
                prior to the expiration of the term for which his
                predecessor was appointed shall be appointed for the
                remainder of such term. No person shall be appointed a
                member of the Council under subsection (a)(1) more than
                twice. Terms of the members appointed under subsection
                (a)(1) shall be staggered so as to establish a rotating
                membership according to such method as the Board may devise.
                    (e)(1) The members of the Council other than those
                appointed under subsection (a)(1) shall receive no pay for
                their services as members of the Council, but shall be
                allowed necessary travel expenses (or, in the alternative,
                mileage for use of privately owned vehicles and payments
                when traveling on official business at not to exceed the
                payment prescribed in regulations implementing section 5702
                and in 5704 of title 5), and other necessary expenses
                incurred by them in the performance of duties vested in the
                Council, without regard to the provisions of subchapter 1 of
                chapter 57 and section 5731 of title 5, and regulations
                promulgated thereunder.
                    (2) The members of the Council appointed under
                subsection (a)(1) shall receive compensation for each day
                engaged in the actual performance of duties vested in the
                Council at rates of pay not in excess of the daily
                equivalent of the highest rate of basic pay set forth in the
                General Schedule of section 5332(a) of title 5, and in
                addition shall be reimbursed for travel, subsistence, and
                other necessary expenses in the manner provided for other
                members of the Council under paragraph (1) of this
                subsection. (Oct. 13, 1972, Pub. L. 92-484, Sec. 7, 86 Stat.
                800; Pub. L. 99-234, title I, Sec. 107(a), Jan. 2, 1986, 99
                Stat. 1759.)
        399.30  Sec. 477. Utilization of services of Library of Congress.
                    (a) To carry out the objectives of this Act, the
                Librarian of Congress is authorized to make available to the
                Office such services and assistance

    [[Page 396]]

                of the Congressional Research Service as may be appropriate
                and feasible.
                    (b) Such services and assistance made available to the
                Office shall include, but not be limited to, all of the
                services and assistance which the Congressional Research
                Service is otherwise authorized to provide to the Congress.
                    (c) Nothing in this section shall alter or modify any
                services or responsibilities, other than those performed for
                the Office, which the Congressional Research Service under
                law performs for or on behalf of the Congress. The Librarian
                is, however, authorized to establish within the
                Congressional Research Service such additional divisions,
                groups, or other organizational entities as may be necessary
                to carry out the purpose of this Act.
                    (d) Services and assistance made available to the Office
                by the Congressional Research Service in accordance with
                this section may be provided with or without reimbursement
                from funds of the Office, as agreed upon by the Board and
                the Librarian of Congress. (Oct. 13, 1972, Pub. L. 92-484,
                Sec. 8, 86 Stat. 801.)
        399.31  Sec. 478. Utilization of services of General Accounting
                    Office.
                    (a) Financial and administrative services (including
                those related to budgeting, accounting, financial reporting,
                personnel, and procurement) and such other services as may
                be appropriate shall be provided the Office by the General
                Accounting Office.
                    (b) Such services and assistance to the Office shall
                include, but not be limited to, all of the services and
                assistance which the General Accounting Office is otherwise
                authorized to provide to the Congress.
                    (c) Nothing in this section shall alter or modify any
                services or responsibilities, other than those performed for
                the Office, which the General Accounting Office under law
                performs for or on behalf of the Congress.
                    (d) Services and assistance made available to the Office
                by the General Accounting Office in accordance with this
                section may be provided with or without reimbursement from
                funds of the Office, as agreed upon by the Board and the
                Comptroller General. (Oct. 13, 1972, Pub. L. 92-484, Sec. 9,
                86 Stat. 802.)
        399.32  Sec. 479. Coordination of activities with National Science
                    Foundation.
                    The Office shall maintain a continuing liaison with the
                National Science Foundation with respect to--
                                (1) grants and contracts formulated or
                            activated by the Foundation which are for
                            purposes of technology assessment; and
                                (2) the promotion of coordination in areas
                            of technology assessment, and the avoidance of
                            unnecessary duplication or overlapping of
                            research activities in the development of
                            technology assessment techniques and programs.
                            (Oct. 13, 1972, Pub. L. 92-484, Sec. 10(a), 86
                            Stat. 802.)
        399.33  Sec. 480. Annual report to Congress.
                    The Office shall submit to the Congress an annual report
                which shall include, but not be limited to, an evaluation of
                technology assessment techniques and identification, insofar
                as may be feasible, of technological areas and programs
                requiring future analysis. Such report shall be sub-

    [[Page 397]]

                mitted not later than March 15 of each year. (Oct. 13, 1972,
                Pub. L. 92-484, Sec. 11, 86 Stat. 802.)
        399.34  Sec. 481. Authorization of appropriations; availability of
                    appropriations.
                    (a) To enable the Office to carry out its powers and
                duties, there is hereby authorized to be appropriated to the
                Office, out of any money in the Treasury not otherwise
                appropriated, not to exceed $5,000,000 in the aggregate for
                the two fiscal years ending June 30, 1973, and June 30,
                1974, and thereafter such sums as may be necessary.
                    (b) Appropriations made pursuant to the authority
                provided in subsection (a) shall remain available for
                obligation, for expenditure, or for obligation and
                expenditure for such period or periods as may be specified
                in the chapter making such appropriations. (Oct. 13, 1972,
                Pub. L. 92-484, Sec. 12, 86 Stat. 803.)

                      Chapter 16.--CONGRESSIONAL STANDARDS AND CONDUCT

            39  Sec. 502. Select Committee on Standards and Conduct of the
                    Senate.\1\
                (a) Advisory opinions or consultations respecting franked
                    mail for persons entitled to franking privilege;
                    franking privilege regulations.
                    The Select Committee on Standards and Conduct of the
                Senate shall provide guidance, assistance, advice and
                counsel, through advisory opinions or consultations, in
                connection with the mailing or contemplated mailing of
                franked mail under section 3210, 3211, 3212, 3213(2), 3218,
                or 3219, and in connection with the operation of section
                3215, of title 39 upon the request of any Member of the
                Senate or Member-elect, surviving spouse of any of the
                foregoing, or other Senate official, entitled to send mail
                as franked mail under any of those sections. The select
                committee shall prescribe regulations governing the proper
                use of the franking privilege under those sections by such
                persons.
                    \1\Name changed to Select Committee on Ethics by section
                    102 of S. Res. 4, 95th Congress, agreed to February 4
                    (legislative day, February 1), 1977. Senate Manual
                    section 79.

                (b) Complaint of franked mail violations; investigation;
                    notice and hearing; decision of select committee;
                    enforcement.
                    Any complaint filed by any person with the select
                committee that a violation of any section of title 39
                referred to in subsection (a) of this section is about to
                occur or has occurred within the immediately preceding
                period of one year, by any person referred to in such
                subsection (a), shall contain pertinent factual material and
                shall conform to regulations prescribed by the select
                committee. The select committee, if it determines there is
                reasonable justification for the complaint, shall conduct an
                investigation of the matter, including an investigaton of
                reports and statements filed by the complainant with respect
                to the matter which is the subject of the complaint. The
                committee shall afford to the person who is the subject of
                the complaint due notice and, if it determines that there is
                substantial reason to believe that such violation has
                occurred or is about to occur, opportunity for all parties
                to

    [[Page 398]]

                participate in a hearing before the select committee. The
                select committee shall issue a written decision on each
                complaint under this subsection not later than thirty days
                after such a complaint has been filed or, if a hearing is
                held, not later than thirty days after the conclusion of
                such hearing. Such decision shall be based on written
                findings of fact in the case by the select committee. If the
                select committee finds, in its written decision, that a
                violation has occurred or is about to occur, the committee
                may take such action and enforcement as it considers
                appropriate in accordance with applicable rules, precedents,
                and standing orders of the Senate, and such other standards
                as may be prescribed by such committee.

                (c) Administrative or judicial jurisdiction of civil actions
                    respecting franking law violations or abuses of franking
                    privilege dependent on filing of complaint with select
                    committee and rendition of decision by such committee.
                    Notwithstanding any other provision of law, no court or
                administrative body in the United States or in any territory
                thereof shall have jurisdiction to entertain any civil
                action of any character concerning or related to a violation
                of the franking laws or an abuse of the franking privilege
                by any person listed under subsection (a) of this section as
                entitled to send mail as franked mail, until a complaint has
                been filed with the select committee and the committee has
                rendered a decision under subsection (b) of this section.

                (d) Administrative procedure regulations.
                    The select committee shall prescribe regulations for the
                holding of investigations and hearings, the conduct of
                proceedings, and the rendering of decisions under this
                subsection providing for equitable procedures and the
                protection of individual, public, and Government interests.
                The regulations shall, insofar as practicable, contain the
                substance of the administrative procedure provisions of
                sections 551-559 and 701-706, of title 5. These regulations
                shall govern matters under this subsection subject to
                judicial review thereof.

                (e) Property of Senate; records of select committee; voting
                    record; location of records, data, and files.
                    The select committee shall keep a complete record of all
                its actions, including a record of the votes on any question
                on which a record vote is demanded. All records, data, and
                files of the select committee shall be the property of the
                Senate and shall be kept in the offices of the select
                committee or such other places as the committee may direct.
                (Dec. 18, 1973, Pub. L. 93-191, Sec. 6, 87 Stat. 744;
                amended Mar. 27, 1974, Pub. L. 93-255, Sec. 3(6), 88 Stat.
                52.)

                          Chapter 17.--CONGRESSIONAL BUDGET OFFICE

        399.36  Sec. 601. Establishment.
                (a) In general.
                    (1) There is established an office of the Congress to be
                known as the Congressional Budget Office (hereinafter in
                this chapter referred to as the ``Office''). The Office
                shall be headed by a Director; and there

    [[Page 399]]

                shall be a Deputy Director who shall perform such duties as
                may be assigned to him by the Director and, during the
                absence or incapacity of the Director or during a vacancy in
                that office, shall act as Director.
                    (2) The Director shall be appointed by the Speaker of
                the House of Representatives and the President pro tempore
                of the Senate after considering recommendations received
                from the Committees on the Budget of the House and the
                Senate, without regard to political affiliation and solely
                on the basis of his fitness to perform his duties. The
                Deputy Director shall be appointed by the Director.
                    (3) The term of office of the Director first appointed
                shall expire at noon on January 3, 1979, and the terms of
                office of Directors subsequently appointed shall expire at
                noon on January 3 of each fourth year thereafter. Any
                individual appointed as Director to fill a vacancy prior to
                the expiration of a term shall serve only for the unexpired
                portion of that term. An individual serving as Director at
                the expiration of a term may continue to serve until his
                successor is appointed. Any Deputy Director shall serve
                until the expiration of the term of office of the Director
                who appointed him (and until his successor is appointed),
                unless sooner removed by the Director.
                    (4) The Director may be removed by either House by
                resolution.
                    (5) The Director shall receive compensation at a per
                annum gross rate equal to the rate of basic pay, as in
                effect from time to time, for level III of the Executive
                Schedule in section 5314 of title 5. The Deputy Director
                shall receive compensation at a per annum gross rate equal
                to the rate of basic pay, as so in effect, for level IV of
                the Executive Schedule in section 5315 of such title.

                (b) Personnel.
                    The Director shall appoint and fix the compensation of
                such personnel as may be necessary to carry out the duties
                and functions of the Office. All personnel of the Office
                shall be appointed without regard to political affiliation
                and solely on the bases of their fitness to perform their
                duties. The Director may prescribe the duties and
                responsibilities of the personnel of the Office, and
                delegate to them authority to perform any of the duties,
                powers, and functions imposed on the Office or on the
                Director. For purposes of pay (other than pay of the
                Director and Deputy Director) and employment benefits,
                rights, and privileges, all personnel of the Office shall be
                treated as if they were employees of the House of
                Representatives.

                (c) Experts and consultants.
                    In carrying out the duties and functions of the Office,
                the Director may procure the temporary (not to exceed one
                year) or intermittent services of experts or consultants or
                organizations thereof by contract as independent
                contractors, or, in the case of individual experts or
                consultants, by employment at rates of pay not in excess of
                the daily equivalent of the highest rate of basic pay
                payable under the General Schedule of section 5332 of title
                5.

                (d) Relationship to executive branch.
                    The Director is authorized to secure information, data,
                estimates, and statistics directly from the various
                departments, agencies, and establishments of the executive
                branch of Government and the regulatory agen-

    [[Page 400]]

                cies and commissions of the Government. All such
                departments, agencies, establishments, and regulatory
                agencies and commissions shall furnish the Director any
                available material which he determines to be necessary in
                the performance of his duties and functions (other than
                material the disclosure of which would be a violation of
                law). The Director is also authorized, upon agreement with
                the head of any such department, agency, establishment, or
                regulatory agency or commission, to utilize its services,
                facilities, and personnel with or without reimbursement; and
                the head of each such department, agency, establishment, or
                regulatory agency or commission is authorized to provide the
                Office such services, facilities, and personnel.

                (e) Relationship to other agencies of Congress.
                    In carrying out the duties and functions of the Office,
                and for the purpose of coordinating the operations of the
                Office with those of other congressional agencies with a
                view to utilizing most effectively the information,
                services, and capabilities of all such agencies in carrying
                out the various responsibilities assigned to each, the
                Director is authorized to obtain information, data,
                estimates, and statistics developed by the General
                Accounting Office, the Library of Congress, and the Office
                of Technology Assessment, and (upon agreement with them) to
                utilize their services, facilities, and personnel with or
                without reimbursement. The Comptroller General, the
                Librarian of Congress, and the Technology Assessment Board
                are authorized to provide the Office with the information,
                data, estimates, and statistics, and the services,
                facilities, and personnel, referred to in the preceding
                sentence.

                (f) Redesignated (g).
                (g)\1\Authorization of appropriations.
                    \1\So in original. There are 2 subsections designated
                    (g) and no subsection (f).
                    There are authorized to be appropriated to the Office
                for each fiscal year such sums as may be necessary to enable
                it to carry out its duties and functions. Until sums are
                first appropriated pursuant to the preceding sentence, but
                for a period not exceeding 12 months following the effective
                date of this subsection, the expenses of the Office shall be
                paid from the contingent fund of the Senate, in accordance
                with section 68 of this title, and upon vouchers approved by
                the Director.
                (g)\1\Revenue estimates.
                    For the purposes of revenue legislation which is income,
                estate and gift, excise, and payroll taxes (i.e., Social
                Security), considered or enacted in any session of Congress,
                the Congressional Budget Office shall use exclusively during
                that session of Congress revenue estimates provided to it by
                the Joint Committee on Taxation. During that session of
                Congress such revenue estimates shall be transmitted by the
                Congressional Budget Office to any committee of the House of
                Representatives or the Senate requesting such estimates, and
                shall be used by such Committees in determining such
                estimates. The Budget Committees of the Senate and House
                shall determine all estimates with respect to scoring points
                of order and with respect to the execution of the purposes
                of this Act. (July 12, 1974, Pub. L. 93-344, Sec. 201, 88
                Stat. 302; Pub. L. 101-508, Title XIII, Sec. 13202, Nov. 5,
                1990, 104 Stat. 1388-615.)

    [[Page 401]]

                Sec. 602. Duties and functions.
                (a) Assistance to Budget Committees.
                    It shall be the duty and function of the Office to
                provide to the Committees on the Budget of both Houses
                information which will assist such committees in the
                discharge of all matters within their jurisdictions,
                including (1) information with respect to the budget,
                appropriation bills, and other bills authorizing or
                providing new budget authority or tax expenditures, (2)
                information with respect to revenues, receipts, estimated
                future revenues and receipts, and changing revenue
                conditions, and (3) such related information as such
                Committees may request.

                (b) Assistance to Committees on Appropriations, Ways and
                    Means, and Finance.
                    At the request of the Committee on Appropriations of
                either House, the Committee on Ways and Means of the House
                of Representatives, or the Committee on Finance of the
                Senate, the Office shall provide to such committee any
                information which will assist it in the discharge of matters
                within its jurisdiction, including information described in
                clauses (1) and (2) of subsection (a) of this section and
                such related information as the committee may request.

                (c) Assistance to other committees and Members.
                    (1) At the request of any other committee of the House
                of Representatives or the Senate or any joint committee of
                the Congress, the Office shall provide to such committee or
                joint committee any information compiled in carrying out
                clauses (1) and (2) of subsection (a) of this section, and,
                to the extent practicable, such additional information
                related to the foregoing as may be requested.
                    (2) At the request of any Member of the House or Senate,
                the Office shall provide to such Member any information
                compiled in carrying out clauses (1) and (2) of subsection
                (a) of this section, and, to the extent available, such
                additional information related to the foregoing as may be
                requested.

                (d) Assignment of office personnel to Committees and Joint
                    Committees.
                    At the request of the Committee on the Budget of either
                House, personnel of the Office shall be assigned, on a
                temporary basis, to assist such committee. At the request of
                any other committee of either House or any joint committee
                of the Congress, personnel of the Office may be assigned, on
                a temporary basis, to assist such committee or joint
                committee with respect to matters directly related to the
                applicable provisions of subsection (b) or (c) of this
                section.

                (e) Transfer of functions of Joint Committee on Reduction of
                    Federal Expenditures.
                    The duties, functions, and personnel of the Joint
                Committee on Reduction of Federal Expenditures are
                transferred to the Office, and the Joint Committee is
                abolished.

    [[Page 402]]

                (f) Reports to Budget Committees.
                    (1) On or before February 15 of each year, the Director
                shall submit to the Committees on the Budget of the House of
                Representatives and the Senate a report, for the fiscal year
                commencing on October 1 of that year, with respect to fiscal
                policy, including (A) alternative levels of total revenues,
                total new budget authority, and total outlays (including
                related surpluses and deficits), and (B) the levels of tax
                expenditures under existing law, taking into account
                projected economic factors and any changes in such levels
                based on proposals in the budget submitted by the President
                for such fiscal year. Such report shall also include a
                discussion of national budget priorities, including
                alternative ways of allocating new budget authority and
                budget outlays for such fiscal year among major programs or
                functional categories, taking into account how such
                alternative allocations will meet major national needs and
                affect balanced growth and development of the United States.
                    (2) The Director shall from time to time submit to the
                Committees on the Budget of the House of Representatives and
                the Senate such further reports (including reports revising
                the report required by paragraph (1)) as may be necessary or
                appropriate to provide such committees with information,
                data, and analyses for the performance of their duties and
                functions.
                    (3) On or before January 15 of each year, the Director,
                after consultation with the appropriate committees of the
                House of Representatives and Senate, shall submit to the
                Congress a report listing (A) all programs and activities
                funded during the fiscal year ending September 30 of that
                calendar year for which authorizations for appropriations
                have not been enacted for that fiscal year, and (B) all
                programs and activities for which authorizations for
                appropriations have been enacted for the fiscal year ending
                September 30 of that calendar year, but for which no
                authorizations for appropriations have been enacted for the
                fiscal year beginning October 1 of that calendar year.

                (g) Use of computers and other techniques.
                    The Director may equip the Office with up-to-date
                computer capability (upon approval of the Committee on House
                Administration of the House of Representatives and the
                Committee on Rules and Administration of the Senate), obtain
                the services of experts and consultants in computer
                technology, and develop techniques for the evaluation of
                budgetary requirements.
                (h) Studies.
                    The Director shall conduct continuing studies to enhance
                comparisons of budget outlays, credit authority, and tax
                expenditures. (July 12, 1974, Pub. L. 93-344,
                Sec. 202(e)(1), (f), (g), 88 Stat. 304, established by the
                Revenue Act of 1941, Sept. 20, 1941, Sec. 601, 55 Stat. 726;
                Oct. 21, 1965, Pub. L. 89-283, Sec. 601, 79 Stat. 1026; Dec.
                12, 1985, Pub. L. 99-177, Title II, Sec. 221, 99 Stat. 1060;
                Pub. L. 101-508, Title XIII, Sec. 13112(a)(3), Nov. 5, 1990,
                104 Stat. 1388-608.)
        399.38  Sec. 603. Public access to budget data.
                (a) Right to copy.
                    Except as provided in subsections (c) and (d) of this
                section, the Director shall make all information, data,
                estimates, and statistics obtained

    [[Page 403]]

                under sections 601(d) and 601(e) of this title available for
                public copying during normal business hours, subject to
                reasonable rules and regulations, and shall to the extent
                practicable, at the request of any person, furnish a copy of
                any such information, data, estimates, or statistics upon
                payment by such person of the cost of making and furnishing
                such copy.

                (b) Index.
                    The Director shall develop and maintain filing, coding,
                and indexing systems that identify the information, data,
                estimates, and statistics to which subsection (a) of this
                section applies and shall make such systems available for
                public use during normal business hours.

                (c) Exceptions.
                    Subsection (a) of this section shall not apply to
                information, data, estimates, and statistics--
                                (1) which are specifically exempted from
                            disclosure by law;
                                (2) which the Director determines will
                            disclose--

                                    (A) matters necessary to be kept secret
                                in the interests of national defense or the
                                confidential conduct of the foreign
                                relations of the United States;

                                    (B) information relating to trade
                                secrets or financial or commercial
                                information pertaining specifically to a
                                given person if the information has been
                                obtained by the Government on a confidential
                                basis, other than through an application by
                                such person for a specific financial or
                                other benefit, and is required to be kept
                                secret in order to prevent undue injury to
                                the competitive position of such person; or

                                    (C) personnel or medical data or similar
                                data the disclosure of which would
                                constitute a clearly unwarranted invasion of
                                personal privacy;

                        unless the portions containing such matters,
                        information, or data have been excised.

                (d) Information obtained for Committees and Members.
                    Subsection (a) of this section shall apply to any
                information, data, estimates, and statistics obtained at the
                request of any committee, joint committee, or Member unless
                such committee, joint committee, or Member has instructed
                the Director not to make such information, data, estimates,
                or statistics available for public copying. (July 12, 1974,
                Pub. L. 93-344, Sec. 203, 88 Stat. 305.)
       399.38a  Sec. 605. Sale or lease of property, supplies, or services.
                    Any sale or lease of property, supplies, or services to
                the Congressional Budget Office shall be deemed to be a sale
                or lease of such property, supplies, or services to the
                Congress subject to section 111b of this title. (Pub. L.
                102-392, Title I, Oct. 6, 1992, 106 Stat. 1713.)

                  Chapter 17A.--CONGRESSIONAL BUDGET AND FISCAL OPERATIONS

      399.39-1  Sec. 621. Congressional declaration of purpose.
                    The Congress declares that it is essential--

    [[Page 404]]

                                (1) to assure effective congressional
                            control over the budgetary process;
                                (2) to provide for the congressional
                            determination each year of the appropriate level
                            of Federal revenues and expenditures;
                                (3) to provide a system of impoundment
                            control;
                                (4) to establish national budget priorities;
                            and
                                (5) to provide for the furnishing of
                            information by the executive branch in a manner
                            that will assist the Congress in discharging its
                            duties. (Pub. L. 93-344, Sec. 2, July 12, 1974,
                            88 Stat. 298.)
      399.39-2  Sec. 622. Definitions.
                    For purposes of this Act--
                                (1) The terms ``budget outlays'' and
                            ``outlays'' mean, with respect to any fiscal
                            year, expenditures and net lending of funds
                            under budget authority during such year.
                                (2) Budget authority and new budget
                            authority.--

                                    (A) In general.--The term ``budget
                                authority'' means the authority provided by
                                Federal law to incur financial obligations,
                                as follows:

                                            (i) provisions of law that make
                                        funds available for obligation and
                                        expenditure (other than borrowing
                                        authority), including the authority
                                        to obligate and expend the proceeds
                                        of offsetting receipts and
                                        collections;

                                            (ii) borrowing authority, which
                                        means authority granted to a Federal
                                        entity to borrow and obligate and
                                        expend the borrowed funds, including
                                        through the issuance of promissory
                                        notes or other monetary credits;

                                            (iii) contract authority, which
                                        means the making of funds available
                                        for obligation but not for
                                        expenditure; and

                                            (iv) offsetting receipts and
                                        collections as negative budget
                                        authority, and the reduction thereof
                                        as positive budget authority.

                                    (B) Limitations on budget authority.--
                                With respect to the Federal Hospital
                                Insurance Trust Fund, the Supplementary
                                Medical Insurance Trust Fund, the
                                Unemployment Trust Fund, and the railroad
                                retirement account, any amount that is
                                precluded from obligation in a fiscal year
                                by a provision of law (such as a limitation
                                or a benefit formula) shall not be budget
                                authority in that year.

                                    (C) New budget authority.--The term
                                ``new budget authority'' means, with respect
                                to a fiscal year--

                                            (i) budget authority that first
                                        becomes available for obligation in
                                        that year, including budget
                                        authority that becomes available in
                                        that year as a result of a
                                        reappropriation; or

                                            (ii) a change in any account in
                                        the availability of unobligated
                                        balances of budget authority carried
                                        over from a prior year, resulting
                                        from a provision of law first
                                        effective in that year;

                        and includes a change in the estimated level of new
                        budget authority provided in indefinite amounts by
                        existing law.
                                (3) The term ``tax expenditures'' means
                            those revenue losses attributable to provisions
                            of the Federal tax laws which allow a special
                            exclusion, exemption, or deduction from gross
                            income or which provide a special credit, a
                            preferential rate of tax, or a deferral of

    [[Page 405]]

                            tax liability; and the term ``tax expenditures
                            budget'' means an enumeration of such tax
                            expenditures.
                                (4) The term ``concurrent resolution on the
                            budget'' means--

                                    (A) a concurrent resolution setting
                                forth the congressional budget for the
                                United States Government for a fiscal year
                                as provided in section 632 of this title;
                                and

                                    (B) any other concurrent resolution
                                revising the congressional budget for the
                                United States Government for a fiscal year
                                as described in section 635 of this title.

                                (5) The term ``appropriation Act'' means an
                            Act referred to in section 105 of Title 1.
                                (6) The term ``deficit'' means, with respect
                            to a fiscal year, the amount by which outlays
                            exceeds receipts during that year.
                                (7) The term ``surplus'' means, with respect
                            to a fiscal year, the amount by which receipts
                            exceeds outlays during that year.
                                (8) The term ``government-sponsored
                            enterprise'' means a corporate entity created by
                            a law of the United States that--

                                    (A)(i) has a Federal charter authorized
                                by law;

                                    (ii) is privately owned, as evidenced by
                                capital stock owned by private entities or
                                individuals;

                                    (iii) is under the direction of a board
                                of directors, a majority of which is elected
                                by private owners;

                                    (iv) is a financial institution with
                                power to--

                                            (I) make loans or loan
                                        guarantees for limited purposes such
                                        as to provide credit for specific
                                        borrowers or one sector; and

                                            (II) raise funds by borrowing
                                        (which does not carry the full faith
                                        and credit of the Federal
                                        Government) or to guarantee the debt
                                        of others in unlimited amounts; and

                                    (B)(i) does not exercise powers that are
                                reserved to the Government as sovereign
                                (such as the power to tax or to regulate
                                interstate commerce);

                                    (ii) does not have the power to commit
                                the Government financially (but it may be a
                                recipient of a loan guarantee commitment
                                made by the Government); and

                                    (iii) has employees whose salaries and
                                expenses are paid by the enterprise and are
                                not Federal employees subject to Title 5.

                                (9) The term ``entitlement authority'' means
                            spending authority described by section
                            401(c)(2)(C) [2 U.S.C.A. Sec. 651(c)(2)(C)].
                                (10) The term ``credit authority'' means
                            authority to incur direct loan obligations or to
                            incur primary loan guarantee commitments. (Pub.
                            L. 93-344, Sec. 3, July 12, 1974, 88 Stat. 299;
                            Pub. L. 95-110, Sec. 1, Sept. 20, 1977, 91 Stat.
                            884; Pub. L. 99-177, Title II, Secs.
                            201(a), 232(b), Dec. 12, 1985, 99 Stat. 1039,
                            1062; Pub. L. 100-119, Title I, Sec. 106(a),
                            Sept. 29, 1987, 101 Stat. 780; Pub. L. 100-203,
                            Title VII, Sec. 8003(c), Dec. 22, 1987, 101
                            Stat. 1330-282; Pub. L. 99-177, Title II,
                            Secs. 201(a) 232(b), Dec. 12, 1985, 99 Stat.
                            1039, 1062; Pub. L. 100-119, Title I,
                            Sec. 106(a), Sept. 29, 1987, 101 Stat. 780; Pub.
                            L. 100-203, Title VIII, Sec. 8003(c), Dec. 22,
                            1987, 101 Stat. 1330-282; Pub. L. 101-508, Title
                            XIII, Secs. 13112(a)(2), 13201(b)(1), Nov.
                            5, 1990, 104 Stat. 1388-607, 1388-614.)

    [[Page 406]]

      399.39-3  Sec. 623. Continuing study of additional budget reform
                    proposals.
                    (a) The Committees on the Budget of the House of
                Representatives and the Senate shall study on a continuing
                basis proposals designed to improve and facilitate methods
                of congressional budgetmaking. The proposals to be studied
                shall include, but are not limited to, proposals for--
                                (1) improving the information base required
                            for determining the effectiveness of new
                            programs by such means as pilot testing, survey
                            research, and other experimental and analytical
                            techniques;
                                (2) improving analytical and systematic
                            evaluation of the effectiveness of existing
                            programs;
                                (3) establishing maximum and minimum time
                            limitations for program authorization; and
                                (4) developing techniques of human resource
                            accounting and other means of providing
                            noneconomic as well as economic evaluation
                            measures.
                    (b) The Committee on the Budget of each House shall,
                from time to time, report to its House the results of the
                study carried on by it under subsection (a) of this section,
                together with its recommendations.
                    (c) Nothing in this section shall preclude studies to
                improve the budgetary process by any other committee of the
                House of Representatives or the Senate or any joint
                committee of the Congress. (Pub. L. 93-344, Title VII,
                Sec. 703, July 12, 1974, 88 Stat. 326.)
                         Subchapter I.--Congressional Budget Process
      399.39-4  Sec. 631. Timetable.
                    The timetable with respect to the congressional budget
                process for any fiscal year is as follows:

                                                  Action to be completed:
                  On or before
    First Monday after February 3..........  President submits his budget.
    February 15............................  Congressional Budget Office
                                              submits report to Budget
                                              Committees.
    February 25............................  Committees submit views and
                                              estimates to Budget
                                              Committees.
    April 1................................  Senate Budget Committee reports
                                              concurrent resolution on the
                                              budget.
    April 15...............................  Congress completes action on
                                              concurent resolution on the
                                              budget.
    May 15.................................  Annual appropriation bills may
                                              be considered in the House.
    June 10................................  House Appropriations Committee
                                              reports last annual
                                              appropriation bill.
    June 15................................  Congress completes action on
                                              reconciliation legislation.
    June 30................................  House completes action on
                                              annual appropriation bills.

    [[Page 407]]

    October 1..............................  Fiscal year begins.

                (Pub. L. 93-344, Title III, Sec. 300, July 12, 1974, 88
                Stat. 306; Pub. L. 99-177, Title II, Sec. 201(b), Dec. 12,
                1985, 99 Stat. 1040; Pub. L. 101-508, Title XIII,
                Sec. 13112(a)(4), Nov. 5, 1990, 104 Stat. 1388-608.)

      399.39-5  Sec. 632. Annual adoption of concurrent resolution on the
                    budget.
                (a) Content of concurrent resolution on the budget.
                    On or before April 15 of each year, the Congress shall
                complete action on a concurrent resolution on the budget for
                the fiscal year beginning on October 1 of such year. The
                concurrent resolution shall set forth appropriate levels for
                the fiscal year beginning on October 1 of such year, and
                planning levels for each of the two ensuing fiscal years,
                for the following--
                                (1) totals of new budget authority, budget
                            outlays, direct loan obligations, and primary
                            loan guarantee commitments;
                                (2) total Federal revenues and the amount,
                            if any, by which the aggregate level of Federal
                            revenues should be increased or decreased by
                            bills and resolutions to be reported by the
                            appropriate committees;
                                (3) the surplus or deficit in the budget;
                                (4) new budget authority, budget outlays,
                            direct loan obligations, and primary loan
                            guarantee commitments for each major functional
                            category, based on allocations of the total
                            levels set forth pursuant to paragraph (1);
                                (5) the public debt;
                                (6) for purposes of Senate enforcement under
                            this subchapter, outlays of the old-age,
                            survivors, and disability insurance program
                            established under title II of the Social
                            Security Act [42 U.S.C.A. Sec. 401 et seq.] for
                            the fiscal year of the resolution and for each
                            of the 4 succeeding fiscal years; and
                                (7) for purposes of Senate enforcement under
                            this subchapter, revenues of the old-age,
                            survivors, and disability insurance program
                            established under title II of the Social
                            Security Act [42 U.S.C.A. Sec. 401 et seq.] (and
                            the related provisions of the Internal Revenue
                            Code of 1986) for the fiscal year of the
                            resolution and for each of the 4 succeeding
                            fiscal years.

                The concurrent resolution shall not include the outlays and
                revenue totals of the old age, survivors, and disability
                insurance program established under title II of the Social
                Security Act [42 U.S.C.A. Sec. 401 et seq.] or the related
                provisions of the Internal Revenue Code of 1986 in the
                surplus or deficit totals required by this subchapter.

                (b) Additional matters in concurrent resolution.
                    The concurrent resolution on the budget may--
                                (1) set forth, if required by subsection (f)
                            of this section, the calendar year in which, in
                            the opinion of the Congress, the goals for
                            reducing unemployment set forth in section 4(b)
                            of the Employment Act of 1946 [15 U.S.C.A.
                            Sec. 1022a(b)] should be achieved;
                                (2) include reconciliation directives
                            described in section 641 of this title;

    [[Page 408]]

                                (3) require a procedure under which all or
                            certain bills or resolutions providing new
                            budget authority or new entitlement authority
                            for such fiscal year shall not be enrolled until
                            the Congress has completed action on any
                            reconciliation bill or reconciliation resolution
                            or both required by such concurrent resolution
                            to be reported in accordance with section 641(b)
                            of this title;
                                (4) set forth such other matters, and
                            require such other procedures, relating to the
                            budget, as may be appropriate to carry out the
                            purposes of this Act;
                                (5) include a heading entitled ``Debt
                            Increase as Measure of Deficit'' in which the
                            concurrent resolution shall set forth the
                            amounts by which the debt subject to limit (in
                            section 3101 of Title 31) has increased or would
                            increase in each of the relevant fiscal years;
                                (6) include a heading entitled ``Display of
                            Federal Retirement Trust Fund Balances'' in
                            which the concurrent resolution shall set forth
                            the balances of the Federal retirement trust
                            funds;
                                (7) set forth pay-as-you-go procedures for
                            the Senate whereby--

                                    (A) budget authority and outlays may be
                                allocated to a committee for legislation
                                that increases funding for entitlement and
                                mandatory spending programs within its
                                jurisdiction if that committee or the
                                committee of conference on such legislation
                                reports such legislation, if, to the extent
                                that the costs of such legislation are not
                                included in the concurrent resolution on the
                                budget, the enactment of such legislation
                                will not increase the deficit (by virtue of
                                either deficit reduction in the bill or
                                previously passed deficit reduction) in the
                                resolution for the first fiscal year covered
                                by the concurrent resolution on the budget,
                                and will not increase the total deficit for
                                the period of fiscal years covered by the
                                concurrent resolution on the budget;

                                    (B) upon the reporting of legislation
                                pursuant to subparagraph (A), and again upon
                                the submission of a conference report on
                                such legislation (if a conference report is
                                submitted), the chairman of the Committee on
                                the Budget of the Senate may file with the
                                Senate appropriately revised allocations
                                under section 633(a) of this title and
                                revised functional levels and aggregates to
                                carry out this paragraph;

                                    (C) such revised allocations, functional
                                levels, and aggregates shall be considered
                                for the purposes of this Act as allocations,
                                functional levels, and aggregates contained
                                in the concurrent resolution on the budget;
                                and

                                    (D) the appropriate committee shall
                                report appropriately revised allocations
                                pursuant to section 302(b) to carry out this
                                paragraph; and

                                (8) set forth procedures to effectuate pay-
                            as-you-go in the House of Representatives.
                (c) Consideration of procedures or matters which have effect
                    of changing any rule of the House of Representatives.
                    If the Committee on the Budget of the House of
                Representatives reports any concurrent resolution on the
                budget which includes any procedure or matter which has the
                effect of changing any rule of the House of Representatives,
                such concurrent resolution shall then be referred to the
                Committee on Rules with instructions to report it within
                five calendar days (not counting any day on which the House
                is not in

    [[Page 409]]

                session). The Committee on Rules shall have jurisdiction to
                report any concurrent resolution referred to it under this
                paragraph with an amendment or amendments changing or
                striking out any such procedure or matter.
                (d) Views and estimates of other committees.
                    Within 6 weeks after the President submits a budget
                under section 1105(a)(1) of Title 31, each committee of the
                House of Representatives having legislative jurisdiction
                shall submit to the Committee on the Budget of the House and
                each committee of the Senate having legislative jurisdiction
                shall submit to the Committee on the Budget of the Senate
                its views and estimates (as determined by the committee
                making such submission) with respect to all matters set
                forth in subsections (a) and (b) of this section which
                relate to matters within the jurisdiction or functions of
                such committee. The Joint Economic Committee shall submit to
                the Committees on the Budget of both Houses its
                recommendations as to the fiscal policy appropriate to the
                goals of the Employment Act of 1946 [15 U.S.C.A. Sec. 1021
                et seq.]. Any other committee of the House of
                Representatives or the Senate may submit to the Committee on
                the Budget of its House, and any joint committee of the
                Congress may submit to the Committees on the Budget of both
                Houses, its views and estimates with respect to all matters
                set forth in subsections (a) and (b) of this section which
                relate to matters within its jurisdiction or functions.
                (e) Hearings and report.
                    In developing the concurrent resolution on the budget
                referred to in subsection (a) of this section for each
                fiscal year, the Committee on the Budget of each House shall
                hold hearings and shall receive testimony from Members of
                Congress and such appropriate representatives of Federal
                departments and agencies, the general public, and national
                organizations as the committee deems desirable. Each of the
                recommendations as to short-term and medium-term goals set
                forth in the report submitted by the members of the Joint
                Economic Committee under subsection (d) of this section may
                be considered by the Committee on the Budget of each House
                as part of its consideration of such concurrent resolution,
                and its report may reflect its views thereon, including its
                views on how the estimates of revenues and levels of budget
                authority and outlays set forth in such concurrrent
                resolution are designed to achieve any goals it is
                recommending. The report accompanying such concurrent
                resolution shall include, but not be limited to--
                                (1) a comparison of revenues estimated by
                            the committee with those estimated in the budget
                            submitted by the President;
                                (2) a comparison of the appropriate levels
                            of total budget outlays and total new budget
                            authority, total direct loan obligations, total
                            primary loan guarantee commitments, as set forth
                            in such concurrent resolution, with those
                            estimated or requested in the budget submitted
                            by the President;
                                (3) with respect to each major functional
                            category, an estimate of budget outlays and an
                            appropriate level of new budget authority for
                            all proposed programs and for all existing
                            programs (including renewals thereof), with the
                            estimate and level for existing programs being
                            divided between permanent authority and funds
                            provided in

    [[Page 410]]

                            appropriation Acts, and with each such division
                            being subdivided between controllable amounts
                            and all other amounts;
                                (4) an allocation of the level of Federal
                            revenues recommended in the concurrent
                            resolution among the major sources of such
                            revenues;
                                (5) the economic assumptions and objectives
                            which underlie each of the matters set forth in
                            such concurrent resolution and alternative
                            economic assumptions and objectives which the
                            committee considered;
                                (6) projections (not limited to the
                            following), for the period of five fiscal years
                            beginning with such fiscal year, of the
                            estimated levels of total budget outlays and
                            total new budget authority, the estimated
                            revenues to be received, and the estimated
                            surplus or deficit, if any, for each fiscal year
                            in such period, and the estimated levels of tax
                            expenditures (the tax expenditures budget) by
                            major functional categories;
                                (7) a statement of any significant changes
                            in the proposed levels of Federal assistance to
                            State and local governments;
                                (8) information, data, and comparisons
                            indicating the manner in which, and the basis on
                            which, the committee determined each of the
                            matters set forth in the concurrent resolution;
                                (9) allocations described in section 633(a)
                            of this title; and
                                (10) an analysis, prepared after
                            consultation with the Director of the
                            Congressional Budget Office, of the concurrent
                            resolution's impact on the international
                            competitiveness of United States business and
                            the United States balance of payments position
                            and shall include the following projections,
                            based upon the best information available at the
                            time, for the fiscal year covered by the
                            concurrent resolution--

                                    (A) the amount of borrowing by the
                                Government in private credit markets;

                                    (B) net domestic savings (defined as
                                personal savings, corporate savings, and the
                                fiscal surplus of State and local
                                governments);

                                    (C) net private domestic investment;

                                    (D) the merchandise trade and current
                                accounts;

                                    (E) the net increase or decrease in
                                foreign indebtedness (defined as net foreign
                                investment); and

                                    (F) the estimated direction and extent
                                of the influence of the Government's
                                borrowing in private credit markets on
                                United States dollar interest rates and on
                                the real effective exchange rate of the
                                United States dollar.

                (f) Achievement of goals for reducing unemployment.
                    (1) If, pursuant to section 4(c) of the Employment Act
                of 1946 [15 U.S.C.A. Sec. 1022a(c)], the President
                recommends in the Economic Report that the goals for
                reducing unemployment set forth in section 4(b) of such Act
                [15 U.S.C.A. Sec. 1022a(b)(b)] be achieved in a year after
                the close of the five-year period prescribed by such
                subsection, the concurrent resolution on the budget for the
                fiscal year beginning after the date on which such Economic
                Report is received by the Congress may set forth the year in
                which, in the opinion of the Congress, such goals can be
                achieved.

    [[Page 411]]

                    (2) After the Congress has expressed its opinion
                pursuant to paragraph (1) as to the year in which the goals
                for reducing unemployment set forth in section 4(b) of the
                Employment Act of 1946, [15 U.S.C.A. Sec. 1022a(b)] can be
                achieved, if, pursuant to section 4(e) of such Act [15
                U.S.C.A. Sec. 1022a(e)], the President recommends in the
                Economic Report that such goals be achieved in a year which
                is different from the year in which the Congress has
                expressed its opinion that such goals should be achieved,
                either in its action pursuant to paragraph (1) or in its
                most recent action pursuant to this paragraph, the first
                concurrent resolution on the budget for the fiscal year
                beginning after the date on which such Economic Report is
                received by the Congress may set forth the year in which, in
                the opinion of the Congress, such goals can be achieved.
                    (3) It shall be in order to amend the provision of such
                resolution setting forth such year only if the amendment
                thereto also proposes to alter the estimates, amounts, and
                levels (as described in subsection (a) of this section) set
                forth in such resolution in germane fashion in order to be
                consistent with the economic goals (as described in sections
                3(a)(2) [15 U.S.C.A. Sec. 1022(a)(2)] and and 4(b) [15
                U.S.C.A. Sec. 1022a(b)] of the Employment Act of 1946) which
                such amendment proposes can be achieved by the year
                specified in such amendment.
                (g) Economic assumptions.
                    (1) It shall not be in order in the Senate to consider
                any concurrent resolution on the budget for a fiscal year,
                or any amendment thereto, or any conference report thereon,
                that sets forth amounts and levels that are determined on
                the basis of more than one set of economic and technical
                assumptions.
                    (2) The joint explanatory statement accompanying a
                conference report on a concurrent resolution on the budget
                shall set forth the common economic assumptions upon which
                such joint statement and conference report are based, or
                upon which any amendment contained in the joint explanatory
                statement to be proposed by the conferees in the case of
                technical disagreement, is based.
                    (3) Subject to periodic reestimation based on changed
                economic conditions or technical estimates, determinations
                under titles III [2 U.S.C.A. Sec. 631 et seq.] and IV [2
                U.S.C.A. Sec. 651 et seq.] of the Congressional Budget Act
                of 1974 shall be based upon such common economic and
                technical assumptions.
                (h) Budget Committee's consultation with committees.
                    The Committee on the Budget of the House of
                Representatives shall consult with the committees of its
                House having legislative jurisdiction during the
                preparation, consideration, and enforcement of the
                concurrent resolution on the budget with respect to all
                matters which relate to the jurisdiction or functions of
                such committees.
                (i) Maximum deficit amount may not be exceeded.
                    It shall not be in order in the Senate to consider any
                concurrent resolution on the budget as reported to the
                Senate that would decrease the excess of social security
                revenues over social security outlays in any of the fiscal
                years covered by the concurrent resolution. No change in
                chapter 1 of the Internal Revenue Code of 1986 [26 U.S.C.A.
                Sec. 1 et seq.] shall be treated as affecting the amount of
                social security reve-

    [[Page 412]]

                nues unless such provision changes the income tax treatment
                of social security benefits. (Pub. L. 93-344, Title III,
                Sec. 301, July 12, 1974; 88 Stat. 306; Pub. L. 94-455, Title
                XIX, Sec. 1907(a)(5), Oct. 4, 1976, 90 Stat. 1836; Pub. L.
                95-523, Title III, Secs. 303(a), 304, Oct. 27, 1978, 92
                Stat. 1905, 1906; Pub. L. 99-177, Title II, Sec. 201(b),
                Dec. 12, 1985, 99 Stat. 1040; Pub. L. 100-119, Title I,
                Sec. 106(d), Title II, Sec. 208(a), Sept. 29, 1987, 101
                Stat. 781, 786; Pub. L. 100-418, Title V, Sec. 5302, Aug.
                23, 1988, 102 Stat. 1462; Pub. L. 101-508, Title XIII,
                Secs. 13112(a)(5), 13203, 13204, 13301(b), 13303(a),
                (b), Nov. 5, 1990, 104 Stat. 1388-608, 1388-615, 1388-623,
                1388-625.)

                       Termination of Subsection (e)(10)

                    Section 5303 of Pub. L. 100-418 provided that subsection
                (e)(10) of this section is effective only for fiscal years
                1989, 1990, 1991, and 1992. See Effective and Termination
                Dates of 1988 Amendment note set out under section 1105 of
                Title 31, Money and Finance.

      399.39-6  Sec. 633. Committee allocations.

                (a) Allocation of totals.

                    (1) For the House of Representatives, the joint
                explanatory statement accompanying a conference report on a
                concurrent resolution on the budget shall include an
                estimated allocation, based upon such concurrent resolution
                as recommended in such conference report, of the appropriate
                levels of total budget outlays, total new budget authority,
                total entitlement authority, and total credit authority
                among each committee of the House of Representatives which
                has jurisdiction over laws, bills and resolutions providing
                such new budget authority, such entitlement authority, or
                such credit authority. The allocation shall, for each
                committee, divide new budget authority, entitlement
                authority, and credit authority between amounts provided or
                required by law on the date of such conference report
                (mandatory or uncontrollable amounts), and amounts not so
                provided or required (discretionary or controllable
                amounts), and shall make the same division for estimated
                outlays that would result from such new budget authority.
                    (2) For the Senate, the joint explanatory statement
                accompanying a conference report on a concurrent resolution
                on the budget shall include an estimated allocation, based
                upon such concurrent resolution as recommended in such
                conference report, of the appropriate levels of social
                security outlays for the fiscal year of the resolution and
                for each of the 4 succeeding fiscal years, total budget
                outlays, total new budget authority and new credit authority
                among each committee of the Senate which has jurisdiction
                over bills and resolutions providing such new budget
                authority.
                (b) Reports by committees.
                    As soon as practicable after a concurrent resolution on
                the budget is agreed to--
                                (1) the Committee on Appropriations of each
                            House shall, after consulting with the Committee
                            on Appropriations of the other House, (A)
                            subdivide among its subcommittees the allocation
                            of budget outlays, new budget authority, and new
                            credit authority allocated to it in the joint
                            explanatory statement accompanying the
                            conference report on such concurrent resolution,
                            and (B) further subdivide the

    [[Page 413]]

                            amount with respect to each such subcommittee
                            between controllable amounts and all other
                            amounts; and
                                (2) every other committee of the House and
                            Senate to which an allocation was made in such
                            joint explanatory statement shall, after
                            consulting with the committee or committees of
                            the other House to which all or part of its
                            allocation was made, (A) subdivide such
                            allocation among its subcommittees or among
                            programs over which it has jurisdiction, and (B)
                            further subdivide the amount with respect to
                            each subcommittee or program between
                            controllable amounts and all other amounts.

                Each such committee shall promptly report to its House the
                subdivisions made by it pursuant to this subsection.

                (c) Point of order.
                    It shall not be in order in the House of Representatives
                or the Senate to consider any bill, joint resolution,
                amendment, motion, or conference report, providing--
                                (1) new budget authority for a fiscal year;
                                (2) new spending authority as described in
                            section 651(c)(2) of this title for a fiscal
                            year; or
                                (3) new credit authority for a fiscal year;
                            within the jurisdiction of any committee which
                            has received an appropriate allocation of such
                            authority pursuant to subsection (a) of this
                            section for such fiscal year, unless and until
                            such committee makes the allocation or
                            subdivisions required by subsection (b) of this
                            section, in connection with the most recently
                            agreed to concurrent resolution on the budget
                            for such fiscal year.
                (d) Subsequent concurrent resolutions.
                    In the case of a concurrent resolution on the budget
                referred to in section 635 of this title, the allocations
                under subsection (a) of this section and the subdivisions
                under subsection (b) of this section shall be required only
                to the extent necessary to take into account revisions made
                in the most recently agreed to concurrent resolution on the
                budget.
                (e) Alteration of allocations.
                    At any time after a committee reports the allocations
                required to be made under subsection (b) of this section,
                such committee may report to its House an alteration of such
                allocations. Any alteration of such allocations must be
                consistent with any actions already taken by its House on
                legislation within the committee's jurisdiction.
                (f) Legislation subject to point of order.
                (1) In House of Representatives.
                                After the Congress has completed action on a
                            concurrent resolution on the budget for a fiscal
                            year, it shall not be in order in the House of
                            Representatives to consider any bill, joint
                            resolution, or amendment providing new budget
                            authority for such fiscal year, new entitlement
                            authority effective during such fiscal year, or
                            new credit authority for such fiscal year, or
                            any conference report on any such bill or
                            resolution, if--

                                    (A) the enactment of such bill or
                                resolution as reported;

                                    (B) the adoption and enactment of such
                                amendment; or

    [[Page 414]]

                                    (C) the enactment of such bill or
                                resolution in the form recommended in such
                                conference report,

                would cause the appropriate allocation made pursuant to
                subsection (b) of this section for such fiscal year of new
                discretionary budget authority, new entitlement authority,
                or new credit authority to be exceeded.

                (2) In Senate.
                    At any time after the Congress has completed action on
                the concurrent resolution on the budget required to be
                reported under section 632(a) of this title for a fiscal
                year, it shall not be in order in the Senate to consider any
                bill, joint resolution, amendment, motion, or conference
                report, that provides for budget outlays, new budget
                authority, or new spending authority (as defined in section
                651(c)(2) of this title) or new credit authority in excess
                of (A) the appropriate allocation of such outlays or
                authority reported under subsection (a) of this section, or
                (B) the appropriate allocation (if any) of such outlays or
                authority reported under subsection (b) of this section in
                connection with the most recently agreed to concurrent
                resolution on the budget for such fiscal year. Subparagraph
                (A) shall not apply to any bill, resolution, amendment,
                motion, or conference report that is within the jurisdiction
                of the Commitee on Appropriations or provides for social
                security outlays in excess of the appropriate allocation of
                social security outlays under subsection (a) of this section
                for the fiscal year of the resolution or for the total of
                that year and the 4 succeeding fiscal years. In applying
                this paragraph--
                                (A) estimated social security outlays shall
                            be deemed to be reduced by the excess of
                            estimated social security revenues (including
                            social security revenues provided for in the
                            bill, resolution, amendment, or conference
                            report with respect to which this paragraph is
                            applied) over the appropriate level of social
                            security revenues specified in the most recently
                            adopted concurrent resolution on the budget;
                                (B) estimated social security outlays shall
                            be deemed increased by the shortfall of
                            estimated social security revenues (including
                            social security revenues provided for in the
                            bill, resolution, amendment, or conference
                            report with respect to which this paragraph is
                            applied) below the appropriate level of social
                            security revenues specified in the most recently
                            adopted concurrent resolution on the budget; and
                                (C) no provision of any bill or resolution,
                            or any amendment thereto or conference report
                            thereon, involving a change in chapter 1 of
                            Title 26 shall be treated as affecting the
                            amount of social security revenues unless such
                            provision changes the income tax treatment of
                            social security benefits.

                The Chairman of the Committee on the Budget of the Senate
                may file with the Senate appropriately revised allocations
                under subsection (a) of this section and revised functional
                levels and aggregates to reflect the application of the
                preceding sentence. Such revised allocations, functional
                levels, and aggregates shall be considered as allocations,
                functional levels, and aggregates contained in the most
                recently agreed to concurrent resolution on the budget, and
                the appropriate committees shall report revised allocations
                pursuant to subsection (b) of this section.

    [[Page 415]]

                (g) Determinations by Budget Committees.
                    For purposes of this section, the levels of new budget
                authority, spending authority as described in section
                651(c)(2) of this title, outlays, and new credit authority
                for a fiscal year shall be determined on the basis of
                estimates made by the Committee on the Budget of the House
                of Representatives or the Senate, as the case may be. (Pub.
                L. 93-344, Title III, Sec. 302, July 12, 1974, 88 Stat. 308;
                Pub. L. 99-177, Title II, Sec. 201(b), Dec. 12, 1985, 99
                Stat. 1044; Pub. L. 101-508, Title XIII,
                Secs. 13112(a)(6), (7), 13201(b)(2), 13207(a)(1)(A),
                (B), (2), 13303(c), Nov. 5, 1990, 104 Stat. 1388-608, 1388-
                614, 1388-617, 1388-618, 1388-625.)

                  Termination of Amendment to Subsection (f)(2)

                    For termination date of amendment by section 13201(b)(2)
                of Pub. L. 101-508, see Effective and Termination Dates note
                set out under this section.
      399.39-7  Sec. 634. Adoption of first concurrent resolution on the
                    budget prior to consideration of legislation providing
                    new budget authority, new spending authority, new credit
                    authority, or changes in revenues or public debt limit.
                (a) In general.
                    It shall not be in order in either the House of
                Representatives or the Senate to consider any bill, joint
                resolution, amendment, motion, or conference report as
                reported to the House or Senate which provides--
                                (1) new budget authority for a fiscal year;
                                (2) an increase or decrease in revenues to
                            become effective during a fiscal year;
                                (3) an increase or decrease in the public
                            debt limit to become effective during a fiscal
                            year;
                                (4) new entitlement authority to become
                            effective during a fiscal year;
                                (5) in the Senate only, new spending
                            authority (as defined in section 651(c)(2) of
                            this title) for a fiscal year; or
                                (6) in the Senate only, outlays,

                until the concurrent resolution on the budget for such
                fiscal year (or, in the Senate, a concurrent resolution on
                the budget covering such fiscal year) has been agreed to
                pursuant to section 632 of this title.

                (b) Exceptions.
                    (1) In the House of Representatives, subsection (a) of
                this section does not apply to any bill or resolution--
                                (A) providing new budget authority which
                            first becomes available in a fiscal year
                            following the fiscal year to which the
                            concurrent resolution applies; or
                                (B) increasing or decreasing revenues which
                            first become effective in a fiscal year
                            following the fiscal year to which the
                            concurrent resolution applies.
                    (2) In the Senate, subsection (a) of this section does
                not apply to any bill or resolution making advance
                appropriations for the fiscal year to which the concurrent
                resolution applies and the two succeeding fiscal years.

                After May 15 of any calendar year, subsection (a) of this
                section does not apply in the House of Representatives to
                any general appropriation

    [[Page 416]]

                bill, or amendment thereto, which provides new budget
                authority for the fiscal year beginning in such calendar
                year.

                (c) Waiver in Senate.
                    (1) The committee of the Senate which reports any bill
                or resolution (or amendment thereto) to which subsection (a)
                of this section applies may at or after the time it reports
                such bill or resolution (or amendment), report a resolution
                to the Senate (A) providing for the waiver of subsection (a)
                of this section with respect to such bill or resolution (or
                amendment), and (B) stating the reasons why the waiver is
                necessary. The resolution shall then be referred to the
                Committee on the Budget of the Senate. That committee shall
                report the resolution to the Senate within 10 days after the
                resolution is referred to it (not counting any day on which
                the Senate is not in session) beginning with the day
                following the day on which it is so referred, accompanied by
                that committee's recommendations and reasons for such
                recommendations with respect to the resolution. If the
                committee does not report the resolution within such 10-day
                period, it shall automatically be discharged from further
                consideration of the resolution and the resolution shall be
                placed on the calendar.
                    (2) During the consideration of any such resolution,
                debate shall be limited to one hour, to be equally divided
                between, and controlled by, the majority leader and minority
                leader or their designees, and the time on any debatable
                motion or appeal shall be limited to twenty minutes, to be
                equally divided between, and controlled by, the mover and
                the manager of the resolution. In the event the manager of
                the resolution is in favor of any such motion or appeal, the
                time in opposition thereto shall be controlled by the
                minority leader or his designee. Such leaders, or either of
                them, may, from the time under their control on the passage
                of such resolution, allot additional time to any Senator
                during the consideration of any debatable motion or appeal.
                No amendment to the resolution is in order.
                    (3) If, after the Committee on the Budget has reported
                (or been discharged from further consideration of) the
                resolution, the Senate agrees to the resolution, then
                subsection (a) of this section shall not apply with respect
                to the bill or resolution (or amendment thereto) to which
                the resolution so agreed to applies. (Pub. L. 93-344, Title
                III, Sec. 303, July 12, 1974, 88 Stat. 309; Pub. L. 99-177,
                Title II, Sec. 201(b), Dec. 12, 1985, 99 Stat. 1046; Pub. L.
                101-508, Title XIII, Secs. 13205, 13207(a)(1)(C), Nov.
                5, 1990, 104 Stat. 1388-616, 1388-617.)
      399.39-8  Sec. 635. Permissible revisions of concurrent resolutions on
                    budget.
                (a) In general.
                    At any time after the first concurrent resolution on the
                budget for a fiscal year has been agreed to pursuant to
                section 632 of this title, and before the end of such fiscal
                year, the two Houses may adopt a concurrent resolution on
                the budget which revises or reaffirms the concurrent
                resolution on the budget for such fiscal year most recently
                agreed to.
                (b) Economic assumptions.
                    The provisions of section 632(g) of this title shall
                apply with respect to concurrent resolutions on the budget
                under this section (and amendments thereto and conference
                reports thereon) in the same way they

    [[Page 417]]

                apply to concurrent resolutions on the budget under such
                section 632(g) of this title (and amendments thereto and
                conference reports thereon). (Pub. L. 93-344, Title III,
                Sec. 304, July 12, 1974, 88 Stat. 310; Pub. L. 99-177, Title
                II, Sec. 201(b), Dec. 12, 1985, 99 Stat. 1047; Pub. L. 100-
                119, Title II, Sec. 208(b), Sept. 29, 1987, 101 Stat. 786;
                Pub. L. 101-508, Title XIII, Sec. 13112(a)(8), Nov. 5, 1990,
                104 Stat. 1388-608.)
      399.39-9  Sec. 636. Consideration of concurrent resolutions on the
                    budget.
                (a) Procedure in House of Representatives after report of
                    Committee; debate.
                    (1) When the Committee on the Budget of the House of
                Representatives has reported any concurrent resolution on
                the budget, it is in order at any time after the fifth day
                (excluding Saturdays, Sundays, and legal holidays) following
                the day on which the report upon such resolution by the
                Committee on the Budget has been available to Members of the
                House and, if applicable, after the first day (excluding
                Saturdays, Sundays, and legal holidays) following the day on
                which a report upon such resolution by the Committee on
                Rules pursuant to section 632(c) of this title has been
                available to Members of the House (even though a previous
                motion to the same effect has been disagreed to) to move to
                proceed to the consideration of the concurrent resolution.
                The motion is highly privileged and is not debatable. An
                amendment to the motion is not in order, and it is not in
                order to move to reconsider the vote by which the motion is
                agreed to or disagreed to.
                    (2) General debate on any concurrent resolution on the
                budget in the House of Representatives shall be limited to
                not more than 10 hours, which shall be divided equally
                between the majority and minority parties, plus such
                additional hours of debate as are consumed pursuant to
                paragraph (3). A motion further to limit debate is not
                debatable. A motion to recommit the concurrent resolution is
                not in order, and it is not in order to move to reconsider
                the vote by which the concurrent resolution is agreed to or
                disagreed to.
                    (3) Following the presentation of opening statements on
                the concurrent resolution on the budget for a fiscal year by
                the chairman and ranking minority member of the Committee on
                the Budget of the House, there shall be a period of up to
                four hours for debate on economic goals and policies.
                    (4) Only if a concurrent resolution on the budget
                reported by the Committee on the Budget of the House sets
                forth the economic goals (as described in sections 1022(a)
                and 1022a(b) of Title 15) which the estimates, amounts, and
                levels (as described in section 632(a) of this title) set
                forth in such resolution are designed to achieve, shall it
                be in order to offer to such resolution an amendment
                relating to such goals, and such amendment shall be in order
                only if it also proposes to alter such estimates, amounts,
                and levels in germane fashion in order to be consistent with
                the goals proposed in such amendment.
                    (5) Consideration of any concurrent resolution on the
                budget by the House of Representatives shall be in the
                Committee of the Whole, and the resolution shall be
                considered for amendment under the five-minute rule in
                accordance with the applicable provisions of rule XXIII of
                the Rules of the House of Representatives. After the
                Committee rises and reports the resolution back to the
                House, the previous question shall be considered as ordered
                on the resolution and any amendments thereto

    [[Page 418]]

                to final passage without intervening motion; except that it
                shall be in order at any time prior to final passage
                (notwithstanding any other rule or provision of law) to
                adopt an amendment (or a series of amendments) changing any
                figure or figures in the resolution as so reported to the
                extent necessary to achieve mathematical consistency.
                    (6) Debate in the House of Representatives on the
                conference report on any concurrent resolution on the budget
                shall be limited to not more than 5 hours, which shall be
                divided equally between the majority and minority parties. A
                motion further to limit debate is not debatable. A motion to
                recommit the conference report is not in order, and it is
                not in order to move to reconsider the vote by which the
                conference report is agreed to or disagreed to.
                    (7) Appeals from decisions of the Chair relating to the
                application of the Rules of the House of Representatives to
                the procedure relating to any concurrent resolution on the
                budget shall be decided without debate.
                (b) Procedure in Senate after report of Committee; debate;
                    amendments.
                    (1) Debate in the Senate on any concurrent resolution on
                the budget, and all amendments thereto and debatable motions
                and appeals in connection therewith, shall be limited to not
                more than 50 hours, except that with respect to any
                concurrent resolution referred to in section 635(a) of this
                title all such debate shall be limited to not more than 15
                hours. The time shall be equally divided between, and
                controlled by, the majority leader and the minority leader
                or their designees.
                    (2) Debate in the Senate on any amendment to a
                concurrent resolution on the budget shall be limited to 2
                hours, to be equally divided between, and controlled by, the
                mover and the manager of the concurrent resolution, and
                debate on any amendment to an amendment, debatable motion,
                or appeal shall be limited to 1 hour, to be equally divided
                between, and controlled by, the mover and the manager of the
                concurrent resolution, except that in the event the manager
                of the concurrent resolution is in favor of any such
                amendment, motion, or appeal, the time in opposition thereto
                shall be controlled by the minority leader or his designee.
                No amendment that is not germane to the provisions of such
                concurrent resolution shall be received. Such leaders, or
                either of them, may, from the time under their control on
                the passage of the concurrent resolution, allot additional
                time to any Senator during the consideration of any
                amendment, debatable motion, or appeal.
                    (3) Following the presentation of opening statements on
                the concurrent resolution on the budget for a fiscal year by
                the chairman and ranking minority member of the Committee on
                the Budget of the Senate, there shall be a period of up to
                four hours for debate on economic goals and policies.
                    (4) Subject to the other limitations of this Act, only
                if a concurrent resolution on the budget reported by the
                Committee on the Budget of the Senate sets forth the
                economic goals (as described in sections 1022(a)(2) and
                1022a(b) of Title 15), which the estimates, amounts, and
                levels (as described in section 632(a) of this title) set
                forth in such resolution are designed to achieve, shall it
                be in order to offer to such resolution an amendment
                relating to such goals, and such amendment shall be in order
                only if it also proposes to alter such estimates, amounts,

    [[Page 419]]

                and levels in germane fashion in order to be consistent with
                the goals proposed in such amendment.
                    (5) A motion to further limit debate is not debatable. A
                motion to recommit (except a motion to recommit with
                instructions to report back within a specified number of
                days, not to exceed 3, not counting any day on which the
                Senate is not in session) is not in order. Debate on any
                such motion to recommit shall be limited to 1 hour, to be
                equally divided between, and controlled by, the mover and
                the manager of the concurrent resolution.
                    (6) Notwithstanding any other rule, an amendment or
                series of amendments to a concurrent resolution on the
                budget proposed in the Senate shall always be in order if
                such amendment or series of amendments proposes to change
                any figure or figures then contained in such concurrent
                resolution so as to make such concurrent resolution
                mathematically consistent or so as to maintain such
                consistency.
                (c) Action on conference reports in Senate.
                    (1) A motion to proceed to the consideration of the
                conference report on any concurrent resolution on the budget
                (or a reconciliation bill or resolution) may be made even
                though a previous motion to the same effect has been
                disagreed to.
                    (2) During the consideration in the Senate of the
                conference report (or a message between Houses) on any
                concurrent resolution on the budget, and all amendments in
                disagreement, and all amendments thereto, and debatable
                motions and appeals in connection therewith, debate shall be
                limited to 10 hours, to be equally divided between, and
                controlled by, the majority leader and minority leader or
                their designees. Debate on any debatable motion or appeal
                related to the conference report (or a message between
                Houses) shall be limited to 1 hour, to be equally divided
                between, and controlled by, the mover and the manager of the
                conference report (or a message between Houses).
                    (3) Should the conference report be defeated, debate on
                any request for a new conference and the appointment of
                conferees shall be limited to 1 hour, to be equally divided
                between, and controlled by, the manager of the conference
                report and the minority leader or his designee, and should
                any motion be made to instruct the conferees before the
                conferees are named, debate on such motion shall be limited
                to one-half hour, to be equally divided between, and
                controlled by, the mover and the manager of the conference
                report. Debate on any amendment to any such instructions
                shall be limited to 20 minutes, to be equally divided
                between and controlled by the mover and the manager of the
                conference report. In all cases when the manager of the
                conference report is in favor of any motion, appeal, or
                amendment, the time in opposition shall be under the control
                of the minority leader or his designee.
                    (4) In any case in which there are amendments in
                disagreement, time on each amendment shall be limited to 30
                minutes, to be equally divided between, and controlled by,
                the manager of the conference report and the minority leader
                or his designee. No amendment that is not germane to the
                provisions of such amendments shall be received.
                (d) Concurrent resolution must be consistent in Senate.
                    It shall not be in order in the Senate to vote on the
                question of agreeing to--

    [[Page 420]]

                                (1) a concurrent resolution on the budget
                            unless the figures then contained in such
                            resolution are mathematically consistent; or
                                (2) a conference report on a concurrent
                            resolution on the budget unless the figures
                            contained in such resolution, as recommended in
                            such conference report, are mathematically
                            consistent.
                (e) Redesignated (d).

                (Pub. L. 93-344, Title III, Sec. 305, July 12, 1974, 88
                Stat. 310; Pub. L. 95-523, Title III, Sec. 303(b), (c), Oct.
                27, 1978, 92 Stat. 1905, 1906; Pub. L. 99-177, Title II,
                Sec. 201(b), Dec. 12, 1985, 99 Stat. 1047; Pub L. 100-119,
                Title II, Sec. 209, Sept. 29, 1987, 101 Stat. 787; Pub. L.
                100-203, Title VIII, Sec. 8003(d), Dec. 22, 1987, 101 Stat.
                1330-282; Pub. L. 101-508, Title XIII, Secs. 13209,
                13210(1), Nov. 5, 1990, 104 Stat. 1388-619, 1388-620.)

     399.39-10  Sec. 637. Legislation dealing with Congressional budget must
                    be handled by Budget Committees.
                    No bill, resolution, amendment, motion, or conference
                report, dealing with any matter which is within the
                jurisdiction of the Committee on the Budget of either House
                shall be considered in that House unless it is a bill or
                resolution which has been reported by the Committee on the
                Budget of that House (or from the consideration of which
                such committee has been discharged) or unless it is an
                amendment to such a bill or resolution. (Pub. L. 93-344,
                Title III, Sec. 306, July 12, 1974, 88 Stat. 313; Pub. L.
                99-177, Title II, Sec. 201(b), Dec. 12, 1985, 99 Stat. 1050;
                Pub. L. 101-508, Title XIII, Sec. 13207(a)(1)(D), Nov. 5,
                1990, 104 Stat. 1388-617.)
     399.39-11  Sec. 638. House Committee action on all appropriation bills
                    to be completed by June 10.
                    On or before June 10 of each year, the Committee on
                Appropriations of the House of Representatives shall report
                annual appropriations bills providing new budget authority
                under the jurisdiction of all of its subcommittees for the
                fiscal year which begins on October 1 of that year. (Pub. L.
                93-344, Title III, Sec. 307, July 12, 1974, 88 Stat. 313;
                Pub. L. 99-177, Title II, Sec. 201(b), Dec. 12, 1985, 99
                Stat. 1051.)
     399.39-12  Sec. 639. Reports, summaries, and projections of
                    Congressional budget actions.
                (a) Reports on legislation providing new budget authority,
                    new spending authority, or new credit authority, or
                    providing increase or decrease in revenues or tax
                    expenditures.
                    (1) Whenever a committee of either House reports a bill
                or resolution, or committee amendment thereto, providing new
                budget authority (other than continuing appropriations), new
                spending authority described in section 651(c)(2) of this
                title, or new credit authority, or providing an increase or
                decrease in revenues or tax expenditures for a fiscal year
                (or fiscal years), the report accompanying that bill or
                resolution shall contain a statement, or the committee shall
                make available such a statement in the case of an approved
                committee amendment which is not reported to its House,
                prepared after consultation with the Director of the
                Congressional Budget Office--
                                (A) comparing the levels in such measure to
                            the appropriate allocations in the reports
                            submitted under section 633(b) of this title

    [[Page 421]]

                            for the most recently agreed to concurrent
                            resolution on the budget for such fiscal year
                            (or fiscal years);
                                (B) including an identification of any new
                            spending authority described in section
                            651(c)(2) of this title which is contained in
                            such measure and a justification for the use of
                            such financing method instead of annual
                            appropriations;
                                (C) containing a projection by the
                            Congressional Budget Office of how such measure
                            will affect the levels of such budget authority,
                            budget outlays, spending authority, revenues,
                            tax expenditures, direct loan obligations, or
                            primary loan guarantee commitments under
                            existing law for such fiscal year (or fiscal
                            years) and each of the four ensuing fiscal
                            years, if timely submitted before such report is
                            filed; and
                                (D) containing an estimate by the
                            Congressional Budget Office of the level of new
                            budget authority for assistance to State and
                            local governments provided by such measure, if
                            timely submitted before such report is filed.
                    (2) Whenever a conference report is filed in either
                House and such conference report or any amendment reported
                in disagreement or any amendment contained in the joint
                statement of managers to be proposed by the conferees in the
                case of technical disagreement on such bill or resolution
                provides new budget authority (other than continuing
                appropriations), new spending authority described in section
                651(c)(2) of this title, or new credit authority, or
                provides an increase or decrease in revenues for a fiscal
                year (or fiscal years), the statement of managers
                accompanying such conference report shall contain the
                information described in paragraph (1), if available on a
                timely basis. If such information is not available when the
                conference report is filed, the committee shall make such
                information available to Members as soon as practicable
                prior to the consideration of such conference report.
                (b) Up-to-date tabulation of Congressional budget action.
                    (1) The Director of the Congressional Budget Office
                shall issue to the committees of the House of
                Representatives and the Senate reports on at least a monthly
                basis detailing and tabulating the progress of congressional
                action on bills and resolutions providing new budget
                authority, new spending authority described in section
                651(c)(2) of this title, or new credit authority, or
                providing an increase or decrease in revenues or tax
                expenditures for each fiscal year covered by a concurrent
                resolution on the budget. Such reports shall include but are
                not limited to an up-to-date tabulation comparing the
                appropriate aggregate and functional levels (including
                outlays) included in the most recently adopted concurrent
                resolution on the budget with the levels provided in bills
                and resolutions reported by committees or adopted by either
                House or by the Congress, and with the levels provided by
                law for the fiscal year preceding such fiscal year covered
                by the appropriate concurrent resolution.
                    (2) The Committee on the Budget of each House shall make
                available to Members of its House summary budget
                scorekeeping reports. Such reports--
                                (A) shall be made available on at least a
                            monthly basis, but in any case frequently enough
                            to provide Members of each House an accurate
                            representation of the current status of
                            congressional consideration of the budget;

    [[Page 422]]

                                (B) shall include, but are not limited to,
                            summaries of tabulations provided under
                            subsection (b)(1) of this section; and
                                (C) shall be based on information provided
                            under subsection (b)(1) of this section without
                            substantive revision.

                The chairman of the Committee on the Budget of the House of
                Representatives shall submit such reports to the Speaker.

                (c) Five-year projection of Congressional budget action.
                    As soon as practicable after the beginning of each
                fiscal year, the Director of the Congressional Budget Office
                shall issue a report projecting for the period of 5 fiscal
                years beginning with such fiscal year--
                                (1) total new budget authority and total
                            budget outlays for each fiscal year in such
                            period;
                                (2) revenues to be received and the major
                            sources thereof, and the surplus or deficit, if
                            any, for each fiscal year in such period;
                                (3) tax expenditures for each fiscal year in
                            such period;
                                (4) entitlement authority for each fiscal
                            year in such period; and
                                (5) credit authority for each fiscal year in
                            such period.

                (Pub. L. 93-344, Title III, Sec. 308, July 12, 1974, 88
                Stat. 313; Pub. L. 99-177, Title II, Sec. 201(b), Dec. 12,
                1985, 99 Stat. 1051; Pub. L. 101-508, Title XIII,
                Sec. 13206, Nov. 5, 1990, 104 Stat. 1388-617.)

     399.39-13  Sec. 640. House approval of regular appropriation bills.
                    It shall not be in order in the House of Representatives
                to consider any resolution providing for an adjournment
                period of more than three calendar days during the month of
                July until the House of Representatives has approved annual
                appropriation bills providing new budget authority under the
                jurisdiction of all the subcommittees of the Committee on
                Appropriations for the fiscal year beginning on October 1 of
                such year. For purposes of this section, the chairman of the
                Committee on Appropriations of the House of Representatives
                shall periodically advise the Speaker as to changes in
                jurisdiction among its various subcommittees. (Pub. L. 93-
                344, Title III, Sec. 309, July 12, 1974, 88 Stat. 314; Pub.
                L. 99-177, Title II, Sec. 201(b), Dec. 12, 1985, 99 Stat.
                1052.)
     399.39-14  Sec. 641. Reconciliation.
                (a) Inclusion of reconciliation directives in concurrent
                    resolutions on the budget.
                    A concurrent resolution on the budget for any fiscal
                year, to the extent necessary to effectuate the provisions
                and requirements of such resolution, shall--
                    (1) specify the total amount by which--
                                (A) new budget authority for such fiscal
                            year;
                                (B) budget authority initially provided for
                            prior fiscal years;
                                (C) new entitlement authority which is to
                            become effective during such fiscal year; and
                                (D) credit authority for such fiscal year,
                            contained in laws, bills, and resolutions within
                            the jurisdiction of a committee, is to be
                            changed and direct that committee to determine
                            and recommend changes to accomplish a change of
                            such total amount;
                    (2) specify the total amount by which revenues are to be
                changed and direct that the committees having jurisdiction
                to determine and recommend changes in the revenue laws,
                bills, and resolutions to accomplish a change of such total
                amount;

    [[Page 423]]

                    (3) specify the amounts by which the statutory limit on
                the public debt is to be changed and direct the committee
                having jurisdiction to recommend such change; or
                    (4) specify and direct any combination of the matters
                described in paragraphs (1), (2), and (3) (including a
                direction to achieve draft reduction).
                (b) Legislative procedure.
                    If a concurrent resolution containing directives to one
                or more committees to determine and recommend changes in
                laws, bills, or resolutions is agreed to in accordance with
                subsection (a) of this section and--
                                (1) only one committee of the House or the
                            Senate is directed to determine and recommend
                            changes, that committee shall promptly make such
                            determination and recommendations and report to
                            its House reconciliation legislation containing
                            such recommendations; or
                                (2) more than one committee of the House or
                            the Senate is directed to determine and
                            recommend changes, each such committee so
                            directed shall promptly make such determination
                            and recommendations and submit such
                            recommendations to the Committee on the Budget
                            of its House, which, upon receiving all such
                            recommendations, shall report to its House
                            reconciliation legislation carrying out all such
                            recommendations without any substantive
                            revision.

                For purposes of this subsection, a reconciliation resolution
                is a concurrent resolution directing the Clerk of the House
                of Representatives or the Secretary of the Senate, as the
                case may be, to make specified changes in bills and
                resolutions which have not been enrolled.

                (c) Compliance with reconciliation directions.
                    (1) Any committee of the House of Representatives or the
                Senate that is directed, pursuant to a concurrent resolution
                on the budget, to determine and recommend changes of the
                type described in paragraphs (1) and (2) of subsection (a)
                of this section with respect to laws within its
                jurisdiction, shall be deemed to have complied with such
                directions--
                                (A) if--

                                    (i) the amount of the changes of the
                                type described in paragraph (1) of such
                                subsection recommended by such committee do
                                not exceed or fall below the amount of the
                                changes such committee was directed by such
                                concurrent resolution to recommend under
                                such paragraph by more than 20 percent of
                                the total of the amounts of the changes such
                                committee was directed to make under
                                paragraphs (1) and (2) of such subsection,
                                and

                                    (ii) the amount of the changes of the
                                type described in paragraph (2) of such
                                subsection recommended by such committee do
                                not exceed or fall below the amount of the
                                changes such committee was directed by such
                                concurrent resolution to recommend under
                                that paragraph by more than 20 percent of
                                the total of the amounts of the changes such
                                committee was directed to make under
                                paragraphs (1) and (2) of such subsection;
                                and

                                (B) if the total amount of the changes
                            recommended by such committee is not less than
                            the total of the amounts of the changes

    [[Page 424]]

                            such committee was directed to make under
                            paragraphs (1) and (2) of such subsection.
                    (2)(A) Upon the reporting to the Committee on the Budget
                of the Senate of a recommendation that shall be deemed to
                have complied with such directions solely by virtue of this
                subsection, the chairman of that committee may file with the
                Senate appropriately revised allocations under section
                633(a) of this title and revised functional levels and
                aggregates to carry out this subsection.
                    (B) Upon the submission to the Senate of a conference
                report recommending a reconciliation bill or resolution in
                which a committee shall be deemed to have complied with such
                directions solely by virtue of this subsection, the chairman
                of the Committee on the Budget of the Senate may file with
                the Senate appropriately revised allocations under section
                633(a) of this title and revised functional levels and
                aggregates to carry out this subsection.
                    (C) Allocations, functional levels, and aggregates
                revised pursuant to this paragraph shall be considered to be
                allocations, functional levels, and aggregates contained in
                the concurrent resolution on the budget pursuant to section
                632 of this title.
                    (D) Upon the filing of revised allocations pursuant to
                this paragraph, the reporting committee shall report revised
                allocations pursuant to section 633(b) of this title to
                carry out this subsection.
                (d) Limitation on amendments to reconciliation bills and
                    resolutions.
                    (1) It shall not be in order in the House of
                Representatives to consider any amendment to a
                reconciliation bill or reconciliation resolution if such
                amendment would have the effect of increasing any specific
                budget outlays above the level of such outlays provided in
                the bill or resolution (for the fiscal years covered by the
                reconciliation instructions set forth in the most recently
                agreed to concurrent resolution on the budget), or would
                have the effect of reducing any specific Federal revenues
                below the level of such revenues provided in the bill or
                resolution (for such fiscal years), unless such amendment
                makes at least an equivalent reduction in other specific
                budget outlays, an equivalent increase in other specific
                Federal revenues, or an equivalent combination thereof (for
                such fiscal years), except that a motion to strike a
                provision providing new budget authority or new entitlement
                authority may be in order.
                    (2) It shall not be in order in the Senate to consider
                any amendment to a reconciliation bill or reconciliation
                resolution if such amendment would have the effect of
                decreasing any specific budget outlay reductions below the
                level of such outlay reductions provided (for the fiscal
                years covered) in the reconciliation instructions which
                relate to such bill or resolution set forth in a resolution
                providing for reconciliation, or would have the effect of
                reducing Federal revenue increases below the level of such
                revenue increases provided (for such fiscal years) in such
                instructions relating to such bill or resolution, unless
                such amendment makes a reduction in other specific budget
                outlays, an increase in other specific Federal revenues, or
                a combination thereof (for such fiscal years) at least
                equivalent to any increase in outlays or decrease in
                revenues provided by such amendment, except that a motion to
                strike a provision shall always be in order.
                    (3) Paragraphs (1) and (2) shall not apply if a
                declaration of war by the Congress is in effect.

    [[Page 425]]

                    (4) For purposes of this section, the levels of budget
                outlays and Federal revenues for a fiscal year shall be
                determined on the basis of estimates made by the Committee
                on the Budget of the House of Representatives or of the
                Senate, as the case may be.
                    (5) The Committee on Rules of the House of
                Representatives may make in order amendments to achieve
                changes specified by reconciliation directives contained in
                a concurrent resolution on the budget if a committee or
                committees of the House fail to submit recommended changes
                to its Committee on the Budget pursuant to its instruction.
                (e) Procedure in Senate.
                    (1) Except as provided in paragraph (2), the provisions
                of section 636 of this title for the consideration in the
                Senate of concurrent resolutions on the budget and
                conference reports thereon shall also apply to the
                consideration in the Senate of reconciliation bills reported
                under subsection (b) of this section and conference reports
                thereon.
                    (2) Debate in the Senate on any reconciliation bill
                reported under subsection (b) of this section, and all
                amendments thereto and debatable motions and appeals in
                connection therewith, shall be limited to not more than 20
                hours.
                (f) Completion of reconciliation process.
                    It shall not be in order in the House of Representatives
                to consider any resolution providing for an adjournment
                period of more than three calendar days during the month of
                July until the House of Representatives has completed action
                on the reconciliation legislation for the fiscal year
                beginning on October 1 of the calendar year to which the
                adjournment resolution pertains, if reconciliation
                legislation is required to be reported by the concurrent
                resolution on the budget for such fiscal year.
                (g) Limitation on changes to Social Security Act.
                    Notwithstanding any other provision of law, it shall not
                be in order in the Senate or the House of Representatives to
                consider any reconciliation bill or reconciliation
                resolution reported pursuant to a concurrent resolution on
                the budget agreed to under section 632 or 635 of this title,
                or a joint resolution pursuant to section 907(d) of this
                title, or any amendment thereto or conference report
                thereon, that contains recommendations with respect to the
                old-age, survivors, and disability insurance program
                established under title II of the Social Security Act [42
                U.S.C.A. Sec. 401 et seq.]. (Pub. L. 93-344, Title III,
                Sec. 310, July 12, 1974, 88 Stat. 315; Pub. L. 99-177, Title
                II, Sec. 201(b), Dec. 12, 1985, 99 Stat. 1053; Pub. L. 101-
                508, Title XIII, Secs. 13207(c), (d), 13210(2), Nov. 5,
                1990, 104 Stat. 1388-618, 1388-620.)
     399.39-15  Sec. 642. New budget authority, new spending authority, and
                    revenue legislation to be within appropriate levels.
                (a) Legislation subject to point of order.
                    (1) Except as provided by subsection (b) of this
                section, after the Congress has completed action on a
                concurrent resolution on the budget for a fiscal year, it
                shall not be in order in either the House of Representatives
                or the Senate to consider any bill, joint resolution,
                amendment, motion, or conference report providing new budget
                authority for such fiscal year, providing new entitlement
                authority effective during such fiscal year, or reducing
                revenues for such fiscal year, if--

    [[Page 426]]

                                (A) the enactment of such bill or resolution
                            as reported;
                                (B) the adoption and enactment of such
                            amendment; or
                                (C) the enactment of such bill or resolution
                            in the form recommended in such conference
                            report;

                would cause the appropriate level of total new budget
                authority or total budget outlays set forth in the most
                recently agreed to concurrent resolution on the budget for
                such fiscal year to be exceeded, or would cause revenues to
                be less than the appropriate level of total revenues set
                forth in such concurrent resolution except in the case that
                a declaration of war by the Congress is in effect.

                    (2)(A) After the Congress has completed action on a
                concurrent resolution to the budget, it shall not be in
                order in the Senate to consider any bill, resolution,
                amendment, motion, or conference report that would cause the
                appropriate level of total new budget authority or total
                budget outlays or social security outlays set forth for the
                first fiscal year in the most recently agreed to concurrent
                resolution on the budget covering such fiscal year to be
                exceeded, or would cause revenues to be less than the
                appropriate level of total revenues (or social security
                revenues to be less than the appropriate level of social
                security revenues) set forth for the first fiscal year
                covered by the resolution and for the period including the
                first fiscal year plus the following 4 fiscal years in such
                concurrent resolution.
                    (B) In applying this paragraph--
                                (i)(I) estimated social security outlays
                            shall be deemed to be reduced by the excess of
                            estimated social security revenues (including
                            those provided for in the bill, resolution,
                            amendment, or conference report with respect to
                            which this subsection is applied) over the
                            appropriate level of Social Security revenues
                            specified in the most recently agreed to
                            concurrent resolution on the budget;
                                (II) estimated social security revenues
                            shall be deemed to be increased to the extent
                            that estimated social security outlays are less
                            (taking into account the effect of the bill,
                            resolution, amendment, or conference report to
                            which this subsection is being applied) than the
                            appropriate level of social security outlays in
                            the most recently agreed to concurrent
                            resolution on the budget, and
                                (ii)(I) estimated Social Security outlays
                            shall be deemed to be increased by the shortfall
                            of estimated social security revenues (including
                            Social Security revenues provided for in the
                            bill, resolution, amendment, or conference
                            report with respect to which this subsection is
                            applied) below the appropriate level of social
                            security revenues specified in the most recently
                            adopted concurrent resolution on the budget; and
                                (II) estimated social security revenues
                            shall be deemed to be reduced by the excess of
                            estimated social security outlays (including
                            social security outlays provided for in the
                            bill, resolution, amendment, or conference
                            report with respect to which this subsection is
                            applied) above the appropriate level of social
                            security outlays specified in the most recently
                            adopted concurrent resolution on the budget; and
                                (iii) no provision of any bill or
                            resolution, or any amendment thereto or
                            conference report thereon, involving a change in
                            chapter 1 of Title 26 shall be treated as
                            affecting the amount of social

    [[Page 427]]

                            security revenues unless such provision changes
                            the income tax treatment of social security
                            benefits.

                The chairman of the Committee on the Budget of the Senate
                may file with the Senate appropriately revised allocations
                under section 633(a) of this title and revised functional
                levels and aggregates to reflect the application of the
                preceding sentence. Such revised allocations, functional
                levels, and aggregates shall be considered as allocations,
                functional levels, and aggregates contained in the most
                recently agreed to concurrent resolution on the budget, and
                the appropriate committees shall report revised allocations
                pursuant to section 633(b) of this title.

                (b) Exception in House of Representatives.
                    Subsection (a) of this section shall not apply in the
                House of Representatives to any bill, resolution, or
                amendment which provides new budget authority or new
                entitlement authority effective during such fiscal year, or
                to any conference report on any such bill or resolution,
                if--
                                (1) the enactment of such bill or resolution
                            as reported;
                                (2) the adoption and enactment of such
                            amendment; or
                                (3) the enactment of such bill or resolution
                            in the form recommended in such conference
                            report, would cause the appropriate allocation
                            of new discretionary budget authority or
                            entitlement authority made pursuant to section
                            633(a) of this title for such fiscal year, for
                            the committee within whose jurisdiction such
                            bill, resolution, or amendment falls, to be
                            exceeded.
                (c) Determination of budget levels.
                    For purposes of this section, the levels of new budget
                authority, budget outlays, new entitlement authority, and
                revenues for a fiscal year shall be determined on the basis
                of estimates made by the Committee on the Budget of the
                House of Representatives or of the Senate, as the case may
                be. (Pub. L. 93-344, Title III, Sec. 311, July 12, 1974, 88
                Stat. 316; Pub. L. 99-177, Title II, Sec. 201(b), Dec. 12,
                1985, 99 Stat. 1055; Pub. L. 100-119, Title I,
                Sec. 106(e)(1), Sept. 29, 1987, 101 Stat. 781; Pub. L. 101-
                508, Title XIII, Secs. 13112(a)(10), 13207(a)(1)(E),
                13303(d), Nov. 5, 1990, 104 Stat. 1388-608, 1388-617, 1388-
                626.)

                              Amendment of Section

                    For termination date of amendment by section
                275(b)(2)(B) of Pub. L. 99-177, see Effective and
                Termination Dates note set out under section 901 of this
                title.
    399.39-15a  Sec. 643. Effects of points of order.
                (a) Points of order in the Senate against amendments between
                    the Houses.
                    Each provision of this Act that establishes a point of
                order against an amendment also establishes a point of order
                in the Senate against an amendment between the Houses. If a
                point of order under this Act is raised in the Senate
                against an amendment between the Houses, and the Presiding
                Officer sustains the point of order, the effect shall be the
                same as if the Senate had disagreed to the amendment.
                (b) Effect of a point of order on a bill in the Senate
                    In the Senate, if the Chair sustains a point of order
                under this Act against a bill, the Chair shall then send the
                bill to the committee

    [[Page 428]]

                of appropriate jurisdiction for further consideration. (Pub.
                L. 93-344, Title III, Sec. 312, as added Pub. L. 101-508,
                Title XIII, Sec. 13207(b)(1), Nov. 5, 1990, 104 Stat. 1388-
                618.)
    399.39-15b  Sec. 644. Extraneous matter in reconciliation legislation
                (a) In General--
                    When the Senate is considering a reconciliation bill or
                a reconciliation resolution pursuant to section 641 of this
                title, (whether that bill or resolution originated in the
                Senate or the House) or section 907d of this title, upon a
                point of order being made by any Senator against material
                extraneous to the instructions to a committee which is
                contained in any title or provision of the bill or
                resolution or offered as an amendment to the bill or
                resolution, and the point of order is sustained by the
                Chair, any part of said title or provision that contains
                material extraneous to the instructions to said Committee as
                defined in subsection (b) of this section shall be deemed
                stricken from the bill and may not be offered as an
                amendment from the floor.
                (b) Extraneous provisions--
                    (1)(A) Except as provided in paragraph (2), a provision
                of a reconciliation bill or reconciliation resolution
                considered pursuant to section 641 of this title shall be
                considered extraneous if such provision does not produce a
                change in outlays or revenues, including changes in outlays
                and revenues brought about by changes in the terms and
                conditions under which outlays are made or revenues are
                required to be collected (but a provision in which outlay
                decreases or revenue increases exactly offset outlay
                increases or revenue decreases shall not be considered
                extraneous by virtue of this subparagraph); (B) any
                provision producing an increase in outlays or decrease in
                revenues shall be considered extraneous if the net effect of
                provisions reported by the Committee reporting the title
                containing the provision is that the Committee fails to
                achieve its reconciliation instructions; (C) a provision
                that is not in the jurisdiction of the Committee with
                jurisdiction over said title or provision shall be
                considered extraneous; (D) a provision shall be considered
                extraneous if it produces changes in outlays or revenues
                which are merely incidental to the non-budgetary components
                of the provision; (E) a provision shall be considered to be
                extraneous if it increases, or would increase, net outlays,
                or if it decreases, or would decrease, revenues during a
                fiscal year after the fiscal years covered by such
                reconciliation bill or reconciliation resolution, and such
                increases or decreases are greater than outlay reductions or
                revenue increases resulting from other provisions in such
                title in such year; and (F) a provision shall be considered
                extraneous if it violates section 641(g) of this title.
                    (2) A Senate-originated provision shall not be
                considered extraneous under paragraph (1)(A) if the Chairman
                and Ranking Minority Member of the Commitee on the Budget
                and the Chairman and Ranking Minority Member of the
                Committee which reported the provision certify that: (A) the
                provision mitigates direct effects clearly attributable to a
                provision changing outlays or revenues and both provisions
                together produce a net reduction in the deficit; (B) the
                provision will result in a substantial reduction in outlays
                or a substantial increase in revenues during fiscal years
                after the fiscal years covered by the reconciliation bill or
                reconciliation resolution; (C) a reduction of outlays or an
                increase in revenues is likely to occur as a result of the
                provision, in the event

    [[Page 429]]

                of new regulations authorized by the provision or likely to
                be proposed, court rulings on pending litigation, or
                relationships between economic indices and stipulated
                statutory triggers pertaining to the provision, other than
                the regulations, court ruling or relationships currently
                projected by the Congressional Budget Office for
                scorekeeping purposes; or (D) such provision will be likely
                to produce a significant reduction in outlays or increase in
                revenues but, due to insufficient data, such reduction or
                increase cannot be reliably estimated.
                    (3) A provision reported by a committee shall not be
                considered extraneous under paragraph (1)(C) if (A) the
                provision is an integral part of a provision or title, when
                if introduced as a bill or resolution would be referred to
                such committee, and the provision sets forth the procedure
                to carry out or implement the substantive provisions that
                were reported and which fall within the jurisdiction of such
                committee; or (B) the provision states an exception to, or a
                special application of, the general provision or title of
                which it is a part and such general provision or title if
                introduced as a bill or resolution would be referred to such
                committee.
                (c) Point of order.
                    When the Senate is considering a conference report on,
                or an amendment between the Houses in relation to, a
                reconciliation bill or reconciliation resolution pursuant to
                section 641 of this title, upon--
                                (1) a point of order being made by any
                            Senator against extraneous material meeting the
                            definition of subsections (b)(1)(A), (b)(1)(B),
                            (b)(1)(D), or (b)(1)(F) of this section, and
                                (2) such point of order being sustained,

                such material contained in such conference report or
                amendment shall be deemed stricken, and the Senate shall
                proceed, without intervening action or motion, to consider
                the question of whether the Senate shall recede from its
                amendment and concur with a further amendment, or concur in
                the House amendment with a further amendment, as the case
                may be, which further amendment shall consist of only that
                portion of the conference report or House amendment, as the
                case may be, not so stricken. Any such motion in the Senate
                shall be debatable for two hours. In any case in which such
                point of order is sustained against a conferenced report (or
                Senate amendment derived from such conference report by
                operation of this subsection) no further amendment shall be
                in order.

                (c)\1\ Extraneous materials.
                    Upon reporting or discharge of a reconciliation bill or
                resolution pursuant to section 641 of this title in the
                Senate, and again upon the submission of a conference report
                on such a reconciliation bill or resolution, the Committee
                on the Budget of the Senate shall submit for the record a
                list of material considered to be extraneous under
                subsections (b)(1)(A), (b)(1)(B), and (b)(1)(E) of this
                section to the instructions of a committee as provided in
                this section. The inclusion or exclusion of a provision
                shall not constitute a determination of extraneousness by
                the Presiding Officer of the Senate.
                    \1\So in original. Section as amended by Pub. L. 101-508
                    contains two subsecs. ``(c)''.

    [[Page 430]]

                (d) General point of order.
                    Notwithstanding any other law or rule of the Senate, it
                shall be in order for a Senator to raise a single point of
                order that several provisions of a bill, resolution,
                amendment, motion, or conference report violate this
                section. The Presiding Officer may sustain the point of
                order as to some or all of the provisions against which the
                Senator raised the point of order. If the Presiding Officer
                so sustains the point of order as to some of the provisions
                (including provisions of an amendment, motion, or conference
                report) against which the Senator raised the point of order,
                then only those provisions (including provisions of an
                amendment, motion, or conference report) against which the
                Presiding Officer sustains the point of order shall be
                deemed stricken pursuant to this section. Before the
                Presiding Officer rules on such a point of order, any
                Senator may move to waive such a point of order as it
                applies to some or all of the provisions against which the
                point of order was raised. Such a motion to waive is
                amendable in accordance with the rules and precedents of the
                Senate. After the Presiding Officer rules on such a point of
                order, any Senator may appeal the ruling of the Presiding
                Officer on such a point of order as it applies to some or
                all of the provisions on which the Presiding Officer ruled.
                (e) Determination of levels.
                    For purposes of this section, the levels of new budget
                authority, budget outlays, new entitlement authority, and
                revenues for a fiscal year shall be determined on the basis
                of estimates made by the Committee on the Budget of the
                Senate. (Pub. L. 93-344, Title III, Sec. 313, formerly Pub.
                L. 99-272, Title XX, Sec. 20001, April 7, 1986, 100 Stat.
                390; Pub. L. 99-509; Title VII, Sec. 7006, Oct. 21, 1986,
                100 Stat. 1949; Pub. L. 100-119, Title II, Sec. 205(a), (b),
                Sept. 29, 1987, 101 Stat. 784; renumbered and amended Pub.
                L. 101-508, Title XIII, Sec. 13214(a)-(b)(4), Nov. 5, 1990,
                104 Stat. 1388-621, 1388-622.)

                              Subchapter II.--Fiscal Procedures

                                 Part A--General Provisions
     399.39-16  Sec. 651. Bills providing new spending authority.
                (a) Controls on legislation providing spending authority.
                    It shall not be order in either the House of
                Representatives or the Senate to consider any bill, joint
                resolution, amendment, motion, or conference report, as
                reported to its House which provides new spending authority
                described in subsection (c)(2)(A) or (B) of this section,
                unless that bill, resolution, conference report, or
                amendment also provides that such new spending authority as
                described in subsection (c)(2)(A) or (B) of this section is
                to be effective for any fiscal year only to such extent or
                in such amounts as are provided in appropriation Acts.
                (b) Legislation providing entitlement authority.
                    (1) It shall not be in order in either the House of
                Representatives or the Senate to consider any bill, joint
                resolution, amendment, motion, or conference report, as
                reported to its House which provides new spending authority
                described in subsection (c)(2)(C) of this section which is
                to become effective before the first day of the fiscal year
                which begins during the calendar year in which such bill or
                resolution is reported.

    [[Page 431]]

                    (2) If any committee of the House of Representatives or
                the Senate reports any bill or resolution which provides new
                spending authority described in subsection (c)(2)(C) of this
                section which is to become effective during a fiscal year
                and the amount of new budget authority which will be
                required for such fiscal year if such bill or resolution is
                enacted as so reported exceeds the appropriate allocation of
                new budget authority reported under section 633(b) of this
                title in connection with the most recently agreed to
                concurrent resolution on the budget for such fiscal year,
                such bill or resolution shall then be referred to the
                Committee on Appropriations of that House with instructions
                to report it, with the committee's recommendations, within
                15 calendar days (not counting any day on which that House
                is not in session) beginning with the day following the day
                on which it is so referred. If the Committee on
                Appropriations of either House fails to report a bill or
                resolution referred to it under this paragraph within such
                15-day period, the committee shall automatically be
                discharged from further consideration of such bill or
                resolution and such bill or resolution shall be placed on
                the appropriate calendar.
                    (3) The Committee on Appropriations of each House shall
                have jurisdiction to report any bill or resolution referred
                to it under paragraph (2) with an amendment which limits the
                total amount of new spending authority provided in such bill
                or resolution.
                (c) Definitions.
                    (1) For purposes of this section, the term ``new
                spending authority'' means spending authority not provided
                by law on the effective date of this Act, including any
                increase in or addition to spending authority provided by
                law, on such date.
                    (2) For purposes of paragraph (1), the term ``spending
                authority'' means authority (whether temporary or
                permanent)--
                                (A) to enter into contracts under which the
                            United States is obligated to make outlays, the
                            budget authority for which is not provided in
                            advance by appropriation Acts;
                                (B) to incur indebtedness (other than
                            indebtedness incurred under chapter 31 of Title
                            31) for the repayment of which the United States
                            is liable, the budget authority for which is not
                            provided in advance by appropriation Acts;
                                (C) to make payments (including loans and
                            grants), the budget authority for which is not
                            provided for in advance by appropriation Acts,
                            to any person or government if, under the
                            provisions of the law containing such authority,
                            the United States is obligated to make such
                            payments to persons or governments who meet the
                            requirements established by such law;
                                (D) to forego the collection by the United
                            States of proprietary offsetting receipts, the
                            budget authority for which is not provided in
                            advance by appropriation Acts to offset such
                            foregone receipts; and
                                (E) to make payments by the United States
                            (including loans, grants, and payments from
                            revolving funds) other than those covered by
                            subparagraph (A), (B), (C), or (D), the budget
                            authority for which is not provided in advance
                            by appropriation Acts.

                Such term does not include authority to insure or guarantee
                the repayment of indebtedness incurred by another person or
                government.

    [[Page 432]]

                (d) Exceptions.
                    (1) Subsections (a) and (b) of this section shall not
                apply to new spending authority if the budget authority for
                outlays which will result from such new spending authority
                is derived--
                                (A) from a trust fund established by the
                            Social Security Act [42 U.S.C.A. Sec. 301 et
                            seq.] (as in effect on July 12, 1974); or
                                (B) from any other trust fund, 90 percent or
                            more of the receipts of which consist or will
                            consist of amounts (transferred from the general
                            fund of the Treasury) equivalent to amounts of
                            taxes (related to the purposes for which such
                            outlays are or will be made) received in the
                            Treasury under specified provisions of the
                            Internal Revenue Code of 1954 [26 U.S.C.A.
                            Sec. 1 et seq.].
                    (2) Subsections (a) and (b) of this section shall not
                apply to new spending authority which is an amendment to or
                extension of chapter 67 of Title 31, or a continuation of
                the program of fiscal assistance to State and local
                governments provided by that chapter, to the extent so
                provided in the bill or resolution providing such authority.
                    (3) Subsections (a) and (b) of this section shall not
                apply to new spending authority to the extent that--
                                (A) the outlays resulting therefrom are made
                            by an organization which is (i) a mixed-
                            ownership Government corporation (as defined in
                            section 9101(2) of Title 31) or (ii) a wholly
                            owned Government corporation (as defined in
                            section 9101(3) of Title 31) which is
                            specifically exempted by law from compliance
                            with any or all of the provisions of chapter 91
                            of Title 31, as of December 12, 1985; or
                                (B) the outlays resulting therefrom consist
                            exclusively of the proceeds of gifts or bequests
                            made to the United States for a specific
                            purpose.

                (Pub. L. 93-344, Title IV, Sec. 401, July 12, 1974, 88 Stat.
                317; Pub. L. 99-177, Title II, Sec. 211, Dec. 12, 1985, 99
                Stat. 1056; Pub. L. 101-508, Title XIII,
                Sec. 13207(a)(1)(F), (G), Nov. 5, 1990, 104 Stat. 1388-617,
                1388-618.)

     399.39-17  Sec. 652. Legislation providing new credit authority.
                (a) Controls on legislation providing new credit authority.
                    It shall not be in order in either the House of
                Representatives or the Senate to consider any bill, joint
                resolution, amendment, motion, or conference report as
                reported to its House, which provides new credit authority
                described in subsection (b)(1)\1\ of this section, unless
                that bill, resolution, conference report, or amendment also
                provides that such new credit authority is to be effective
                for any fiscal year only to such extent or in such amounts
                as are provided in appropriation Acts.
                    \1\So in original. Subsec. (b) of this section is not
                    further subdivided into numbered paragraphs.
                (b) Definition.
                    For purposes of this Act, the term ``new credit
                authority'' means credit authority (as defined in section
                622(10) of this title) not provided by law on the effective
                date of this section, including any increase in or addition
                to credit authority provided by law on such date. (Pub. L.
                93-344, Title IV, Sec. 402, July 12, 1974, 88 Stat. 318;
                Pub. L. 99-177, Title II, Sec. 212, Dec. 12, 1985, 99 Stat.
                1058; Pub. L. 101-508, Title XIII, Sec. 13207(a)(1)(H), Nov.
                5, 1990, 104 Stat. 1388-618.)

    [[Page 433]]

     399.39-18  Sec. 653. Analysis by Congressional Budget Office.
                    (a) The Director of the Congressional Budget Office
                shall, to the extent practicable, prepare for each bill or
                resolution of a public character reported by any committee
                of the House of Representatives or the Senate (except the
                Committee on Appropriations of each House), and submit to
                such committee--
                                (1) an estimate of the costs which would be
                            incurred in carrying out such bill or resolution
                            in the fiscal year in which it is to become
                            effective and in each of the 4 fiscal years
                            following such fiscal year, together with the
                            basis for each such estimate;
                                (2) an estimate of the cost which would be
                            incurred by State and local governments in
                            carrying out or complying with any significant
                            bill or resolution in the fiscal year in which
                            it is to become effective and in each of the
                            four fiscal years following such fiscal year,
                            together with the basis for each such estimate;
                                (3) a comparison of the estimates of costs
                            described in paragraph (1) and (2) with any
                            available estimates of costs made by such
                            committee or by any Federal agency; and
                                (4) a description of each method for
                            establishing a Federal financial commitment
                            contained in such bill or resolution.

                The estimates, comparison, and description so submitted
                shall be included in the report accompanying such bill or
                resolution if timely submitted to such committee before such
                report is filed. (Pub. L. 93-344, Title IV, Sec. 403, July
                12, 1974, 88 Stat. 320; Pub. L. 97-108, Sec. 2(a), Dec. 23,
                1981, 95 Stat. 1510; Pub. L. 99-177; Title II, Sec. 213,
                Dec. 12, 1985, 99 Stat. 1059.)

     399.39-19  Sec. 654. Study by General Accounting Office of forms of
                    Federal financial commitment not reviewed annually by
                    Congress.
                    The General Accounting Office shall study those
                provisions of law which provide spending authority as
                described by section 651(c)(2) of this title which provide
                permanent appropriations, and report to the Congress its
                recommendations for the appropriate form of financing for
                activities or programs financed by such provisions not later
                than eighteen months after December 12, 1985. Such report
                shall be revised from time to time. (Pub. L. 93-344, Title
                IV, Sec. 405, as added Pub. L. 99-177, Title II, Sec. 214,
                Dec. 12, 1985, 99 Stat. 1059.)
     399.39-20  Sec. 655. Off-budget agencies, programs, and activities.
                    (a) Notwithstanding any other provision of law, budget
                authority, credit authority, and estimates of outlays and
                receipts for activities of the Federal budget which are off-
                budget immediately prior to December 12, 1985, not including
                activities of the Federal Old-Age and Survivors Insurance
                and Federal Disability Insurance Trust Funds, shall be
                included in a budget submitted pursuant to section 1105 of
                Title 31, and in a concurrent resolution on the budget
                reported pursuant to section 632 or 635 of this title and
                shall be considered, for purposes of this Act, budget
                authority, outlays, and spending authority in accordance
                with definitions set forth in this Act.
                    (b) All receipts and disbursements of the Federal
                Financing Bank with respect to any obligations which are
                issued, sold or guaranteed by a Federal agency shall be
                treated as a means of financing such agency for purposes of
                section 1105 of Title 31 and for purposes of

    [[Page 434]]

                this Act. (Pub. L. 93-344, Title IV, Sec. 406, as added Pub.
                L. 99-177, Title II, Sec. 214, Dec. 12, 1985, 99 Stat.
                1059.)
    399.39-20a  Sec. 656. Member User Group.
                    The Speaker of the House of Representatives, after
                consulting with the Minority Leader of the House, may
                appoint a Member User Group for the purpose of reviewing
                budgetary scorekeeping rules and practices of the House and
                advising the Speaker from time to time on the effect and
                impact of such rules and practices. (Pub. L. 93-344, Title
                IV, Sec. 407, as added Pub. L. 99-177, Title II, Sec. 214,
                Dec. 12, 1985, 99 Stat. 1060.)

                                  Part B--Federal Mandates

     399.39-21  Sec. 658. Definitions
                For purposes of this part:
                (1) Agency
                            The term ``agency'' has the same meaning as
                        defined in section 551(1) of title 5, but does not
                        include independent regulatory agencies.
                (2) Amount
                            The term ``amount'', with respect to an
                        authorization of appropriations for Federal
                        financial assistance, means the amount of budget
                        authority for any Federal grant assistance program
                        or any Federal program providing loan guarantees or
                        direct loans.
                (3) Direct costs
                            The term ``direct costs''--
                                (A)(i) in the case of a Federal
                            intergovernmental mandate, means the aggregate
                            estimated amounts that all State, local, and
                            tribal governments would be required to spend or
                            would be prohibited from raising in revenues in
                            order to comply with the Federal
                            intergovernmental mandate; or
                                    (ii) in the case of a provision referred
                                to in paragraph (5)(A)(ii), means the amount
                                of Federal financial assistance eliminated
                                or reduced;
                                (B) in the case of a Federal private sector
                            mandate, means the aggregate estimated amounts
                            that the private sector will be required to
                            spend in order to comply with the Federal
                            private sector mandate;
                                (C) shall be determined on the assumption
                            that--
                                    (i) State, local, and tribal
                                governments, and the private sector will
                                take all reasonable steps necessary to
                                mitigate the costs resulting from the
                                Federal mandate, and will comply with
                                applicable standards of practice and conduct
                                established by recognized professional or
                                trade associations; and
                                    (ii) reasonable steps to mitigate the
                                costs shall not include increases in State,
                                local, or tribal taxes or fees; and
                                (D) shall not include--
                                    (i) estimated amounts that the State,
                                local, and tribal governments (in the case
                                of a Federal intergovernmental mandate) or
                                the private sector (in the case of a Federal
                                private sector mandate) would spend--

    [[Page 435]]

                                        (I) to comply with or carry out all
                                    applicable Federal, State, local, and
                                    tribal laws and regulations in effect at
                                    the time of the adoption of the Federal
                                    mandate for the same activity as is
                                    affected by that Federal mandate; or
                                        (II) to comply with or carry out
                                    State, local, and tribal governmental
                                    programs, or private-sector business or
                                    other activities in effect at the time
                                    of the adoption of the Federal mandate
                                    for the same activity as is affected by
                                    that mandate; or
                                    (ii) expenditures to the extent that
                                such expenditures will be offset by any
                                direct savings to the State, local, and
                                tribal governments, or by the private
                                sector, as a result of--
                                        (I) compliance with the Federal
                                    mandate; or
                                        (II) other changes in Federal law or
                                    regulation that are enacted or adopted
                                    in the same bill or joint resolution or
                                    proposed or final Federal regulation and
                                    that govern the same activity as is
                                    affected by the Federal mandate.
                (4) Direct savings
                            The term ``direct savings'', when used with
                        respect to the result of compliance with the Federal
                        mandate--
                                (A) in the case of a Federal
                            intergovernmental mandate, means the aggregate
                            estimated reduction in costs to any State,
                            local, or tribal government as a result of
                            compliance with the Federal intergovernmental
                            mandate; and
                                (B) in the case of a Federal private sector
                            mandate, means the aggregate estimated reduction
                            in costs to the private sector as a result of
                            compliance with the Federal private sector
                            mandate.
                (5) Federal intergovernmental mandate
                            The term ``Federal intergovernmental mandate''
                        means--
                                (A) any provision in legislation, statute,
                            or regulation that--
                                    (i) would impose an enforceable duty
                                upon State, local, or tribal governments,
                                except--
                                        (I) a condition of Federal
                                    assistance; or
                                        (II) a duty arising from
                                    participation in a voluntary Federal
                                    program, except as provided in
                                    subparagraph (B)); or
                                    (ii) would reduce or eliminate the
                                amount of authorization of appropriations
                                for--
                                        (I) Federal financial assistance
                                    that would be provided to State, local,
                                    or tribal governments for the purpose of
                                    complying with any such previously
                                    imposed duty unless such duty is reduced
                                    or eliminated by a corresponding amount;
                                    or
                                        (II) the control of borders by the
                                    Federal Government; or reimbursement to
                                    State, local, or tribal governments for
                                    the net cost associated with illegal,
                                    deportable, and excludable aliens,
                                    including court-mandated expenses
                                    related to emergency health care,
                                    education or criminal justice; when such
                                    a reduction or elimination would result
                                    in increased net costs to State, local,
                                    or tribal governments in providing
                                    education or emergency health care to,
                                    or incarceration of, illegal aliens;
                                    except that this subclause shall not be
                                    in effect with respect to a State,
                                    local, or tribal government, to the
                                    extent that such government has not
                                    fully cooperated in the efforts of

    [[Page 436]]

                                    the Federal Government to locate,
                                    apprehend, and deport illegal aliens;
                                (B) any provision in legislation, statute,
                            or regulation that relates to a then-existing
                            Federal program under which $500,000,000 or more
                            is provided annually to State, local, and tribal
                            governments under entitlement authority, if the
                            provision--
                                    (i)(I) would increase the stringency of
                                conditions of assistance to State, local, or
                                tribal governments under the program; or
                                    (II) would place caps upon, or otherwise
                                decrease, the Federal Government's
                                responsibility to provide funding to State,
                                local, or tribal governments under the
                                program; and
                                    (ii) the State, local, or tribal
                                governments that participate in the Federal
                                program lack authority under that program to
                                amend their financial or programmatic
                                responsibilities to continue providing
                                required services that are affected by the
                                legislation, statute, or regulation.
                (6) Federal mandate
                            The term ``Federal mandate'' means a Federal
                        intergovernmental mandate or a Federal private
                        sector mandate, as defined in paragraphs (5) and
                        (7).
                (7) Federal private sector mandate
                            The term ``Federal private sector mandate''
                        means any provision in legislation, statute, or
                        regulation that--
                                (A) would impose an enforceable duty upon
                            the private sector except--
                                    (i) a condition of Federal assistance;
                                or
                                    (ii) a duty arising from participation
                                in a voluntary Federal program; or
                                (B) would reduce or eliminate the amount of
                            authorization of appropriations for Federal
                            financial assistance that will be provided to
                            the private sector for the purposes of ensuring
                            compliance with such duty.
                (8) Local government
                            The term ``local government'' has the same
                        meaning as defined in section 6501(6) of title 31.
                (9) Private sector
                            The term ``private sector'' means all persons or
                        entities in the United States, including
                        individuals, partnerships, associations,
                        corporations, and educational and nonprofit
                        institutions, but shall not include State, local, or
                        tribal governments.
                (10) Regulation; rule
                            The term ``regulation'' or ``rule'' (except with
                        respect to a rule of either House of the Congress)
                        has the meaning of ``rule'' as defined in section
                        601(2) of title 5.
                (11) Small government
                            The term ``small government'' means any small
                        governmental jurisdictions defined in section 601(5)
                        of title 5, and any tribal government.

    [[Page 437]]

                (12) State
                            The term ``State'' has the same meaning as
                        defined in section 6501(9) of title 31.
                (13) Tribal government
                            The term ``tribal government'' means any Indian
                        tribe, band, nation, or other organized group or
                        community, including any Alaska Native village or
                        regional or village corporation as defined in or
                        established pursuant to the Alaska Native Claims
                        Settlement Act (85 Stat. 688; 43 U.S.C. 1601 et
                        seq.) which is recognized as eligible for the
                        special programs and services provided by the United
                        States to Indians because of their special status as
                        Indians. (Pub. L. 93-344, title IV, Sec. 421, as
                        added Pub. L. 104-4, title I, Sec. 101(a)(2), Mar.
                        22, 1995, 109 Stat. 50.)
                Effective Date
                    Section effective January 1, 1996 or on the date 90 days
                after appropriations are made available as authorized under
                section 1516 of this title, whichever is earlier and shall
                apply to legislation considered on and after such date, see
                section 110 of Pub. L. 104-4, set out as an Effective Date
                note under section 1511 of this title.
    399.39-21a  Sec. 658a. Exclusions
                    This part shall not apply to any provision in a bill,
                joint resolution, amendment, motion, or conference report
                before Congress that--
                        (1) enforces constitutional rights of individuals;
                        (2) establishes or enforces any statutory rights
                    that prohibit discrimination on the basis of race,
                    color, religion, sex, national origin, age, handicap, or
                    disability;
                        (3) requires compliance with accounting and auditing
                    procedures with respect to grants or other money or
                    property provided by the Federal Government;
                        (4) provides for emergency assistance or relief at
                    the request of any State, local, or tribal government or
                    any official of a State, local, or tribal government;
                        (5) is necessary for the national security or the
                    ratification or implementation of international treaty
                    obligations;
                        (6) the President designates as emergency
                    legislation and that the Congress so designates in
                    statute; or
                        (7) relates to the old-age, survivors, and
                    disability insurance program under subchapter II of
                    chapter 7 of title 42 (including taxes imposed by
                    sections 3101(a) and 3111(a) of title 26 (relating to
                    old-age, survivors, and disability insurance)). (Pub. L.
                    93-344, title IV, Sec. 422, as added Pub. L. 104-4,
                    title I, Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 53.)
    399.39-21b  Sec. 658b. Duties of congressional committees
                (a) In general
                    When a committee of authorization of the Senate or the
                House of Representatives reports a bill or joint resolution
                of public character that includes any Federal mandate, the
                report of the committee accompanying the bill or joint
                resolution shall contain the information required by
                subsections (c) and (d) of this section.

    [[Page 438]]

                (b) Submission of bills to the Director
                    When a committee of authorization of the Senate or the
                House of Representatives orders reported a bill or joint
                resolution of a public character, the committee shall
                promptly provide the bill or joint resolution to the
                Director of the Congressional Budget Office and shall
                identify to the Director any Federal mandates contained in
                the bill or resolution.
                (c) Reports on Federal mandates
                    Each report described under subsection (a) of this
                section shall contain--
                        (1) an identification and description of any Federal
                    mandates in the bill or joint resolution, including the
                    direct costs to State, local, and tribal governments,
                    and to the private sector, required to comply with the
                    Federal mandates;
                        (2) a qualitative, and if practicable, a
                    quantitative assessment of costs and benefits
                    anticipated from the Federal mandates (including the
                    effects on health and safety and the protection of the
                    natural environment); and
                        (3) a statement of the degree to which a Federal
                    mandate affects both the public and private sectors and
                    the extent to which Federal payment of public sector
                    costs or the modification or termination of the Federal
                    mandate as provided under section 658d(a)(2) of this
                    title would affect the competitive balance between
                    State, local, or tribal governments and the private
                    sector including a description of the actions, if any,
                    taken by the committee to avoid any adverse impact on
                    the private sector or the competitive balance between
                    the public sector and the private sector.
                (d) Intergovernmental mandates
                    If any of the Federal mandates in the bill or joint
                resolution are Federal intergovernmental mandates, the
                report required under subsection (a) of this section shall
                also contain--
                        (1)(A) a statement of the amount, if any, of
                    increase or decrease in authorization of appropriations
                    under existing Federal financial assistance programs, or
                    of authorization of appropriations for new Federal
                    financial assistance, provided by the bill or joint
                    resolution and usable for activities of State, local, or
                    tribal governments subject to the Federal
                    intergovernmental mandates;
                        (B) a statement of whether the committee intends
                    that the Federal intergovernmental mandates be partly or
                    entirely unfunded, and if so, the reasons for that
                    intention; and
                        (C) if funded in whole or in part, a statement of
                    whether and how the committee has created a mechanism to
                    allocate the funding in a manner that is reasonably
                    consistent with the expected direct costs among and
                    between the respective levels of State, local, and
                    tribal government; and
                        (2) any existing sources of Federal assistance in
                    addition to those identified in paragraph (1) that may
                    assist State, local, and tribal governments in meeting
                    the direct costs of the Federal intergovernmental
                    mandates.
                (e) Preemption clarification and information
                    When a committee of authorization of the Senate or the
                House of Representatives reports a bill or joint resolution
                of public character,

    [[Page 439]]

                the committee report accompanying the bill or joint
                resolution shall contain, if relevant to the bill or joint
                resolution, an explicit statement on the extent to which the
                bill or joint resolution is intended to preempt any State,
                local, or tribal law, and, if so, an explanation of the
                effect of such preemption.
                (f) Publication of statement from the Director
                        (1) In general
                            Upon receiving a statement from the Director
                        under section 658c of this title, a committee of the
                        Senate or the House of Representatives shall publish
                        the statement in the committee report accompanying
                        the bill or joint resolution to which the statement
                        relates if the statement is available at the time
                        the report is printed.
                        (2) Other publication of statement of Director
                            If the statement is not published in the report,
                        or if the bill or joint resolution to which the
                        statement relates is expected to be considered by
                        the Senate or the House of Representatives before
                        the report is published, the committee shall cause
                        the statement, or a summary thereof, to be published
                        in the Congressional Record in advance of floor
                        consideration of the bill or joint
                        resolution.(Pub.L. 93-344, title IV, Sec. 423, as
                        added Pub. L. 104-4, title I, Sec. 101(a)(2), Mar.
                        22, 1995, 109 Stat. 53.)
    399.39-21c  Sec. 658c. Duties of the Director; Statements on bills and
                    joint resolutions other than appropriations bills and
                    joint resolutions
                (a) Federal intergovernmental mandates in reported bills and
                    resolutions
                    For each bill or joint resolution of a public character
                reported by any committee of authorization of the State or
                the House of Representatives, the Director of the
                Congressional Budget Office shall prepare and submit to the
                committee a statement as follows:
                (1) Contents
                            If the Director estimates that the direct cost
                        of all Federal intergovernmental mandates in the
                        bill or joint resolution will equal or exceed
                        $50,000,000 (adjusted annually for inflation) in the
                        fiscal year in which any Federal intergovernmental
                        mandate in the bill or joint resolution (or in any
                        necessary implementing regulation) would first be
                        effective or in any of the 4 fiscal years following
                        such fiscal year, the Director shall so state,
                        specify the estimate, and briefly explain the basis
                        of the estimate.
                (2) Estimates
                            Estimates required under paragraph (1) shall
                        include estimates (and brief explanations of the
                        basis of the estimates) of--
                                (A) the total amount of direct cost of
                            complying with the Federal intergovernmental
                            mandates in the bill or joint resolution;
                                (B) if the bill or resolution contains an
                            authorization of appropriations under section
                            658d(a)(2)(B) of this title, the amount of new
                            budget authority for each fiscal year for a
                            period not to exceed 10 years beyond the
                            effective date necessary for the direct cost of
                            the intergovernmental mandate; and
                                (C) the amount, if any, of increase in
                            authorization of appropriations under existing
                            Federal financial assistance programs, or of
                            authorization of appropriations for new Federal
                            financial assist-

    [[Page 440]]

                            ance, provided by the bill or joint resolution
                            and usable by State, local, or tribal
                            governments for activities subject to the
                            Federal intergovernmental mandates.
                (3) Estimate not feasible
                            If the Director determines that it is not
                        feasible to make a reasonable estimate that would be
                        required under paragraphs (1) and (2), the Director
                        shall not make the estimate, but shall report in the
                        statement that the reasonable estimate cannot be
                        made and shall include the reasons for that
                        determination in the statement. If such
                        determination is made by the Director, a point of
                        order under this part shall lie only under section
                        658d(a)(1) of this title and as if the requirement
                        of section 658d(a)(1) of this title had not been
                        met.
                (b) Federal private sector mandates in reported bills and
                    joint resolutions
                    For each bill or joint resolution of a public character
                reported by any committee of authorization of the Senate or
                the House of Representatives, the Director of the
                Congressional Budget Office shall prepare and submit to the
                committee a statement as follows:
                (1) Contents
                            If the Director estimates that the direct cost
                        of all Federal private sector mandates in the bill
                        or joint resolution will equal or exceed
                        $100,000,000 (adjusted annually for inflation) in
                        the fiscal year in which any Federal private sector
                        mandate in the bill or joint resolution (or in any
                        necessary implementing regulation) would first be
                        effective or in any of the 4 fiscal years following
                        such fiscal year, the Director shall so state,
                        specify the estimate, and briefly explain the basis
                        of the estimate.
                (2) Estimates
                            Estimates required under paragraph (1) shall
                        include estimates (and a brief explanation of the
                        basis of the estimates) of--
                                (A) the total amount of direct costs of
                            complying with the Federal private sector
                            mandates in the bill or joint resolution; and
                                (B) the amount, if any, of increase in
                            authorization of appropriations under existing
                            Federal financial assistance programs, or of
                            authorization of appropriations for new Federal
                            financial assistance, provided by the bill or
                            joint resolution usable by the private sector
                            for the activities subject to the Federal
                            private sector mandates.
                (3) Estimate not feasible
                            If the Director determines that it is not
                        feasible to make a reasonable estimate that would be
                        required under paragraphs (1) and (2), the Director
                        shall not make the estimate, but shall report in the
                        statement that the reasonable estimate cannot be
                        made and shall include the reasons for that
                        determination in the statement.
                (c) Legislation falling below the direct costs thresholds
                    If the Director estimates that the direct costs of a
                Federal mandate will not equal or exceed the thresholds
                specified in subsections (a) and (b) of this section, the
                Director shall so state and shall briefly explain the basis
                of the estimate.

    [[Page 441]]

                (d) Amended bills and joint resolutions; conference reports
                    If a bill or joint resolution is passed in an amended
                form (including if passed by one House as an amendment in
                the nature of a substitute for the text of a bill or joint
                resolution from the other House) or is reported by a
                committee of conference in amended form, and the amended
                form contains a Federal mandate not previously considered by
                either House or which contains an increase in the direct
                cost of a previously considered Federal mandate, then the
                committee of conference shall ensure, to the greatest extent
                practicable, that the Director shall prepare a statement as
                provided in this subsection or a supplemental statement for
                the bill or joint resolution in that amended form. (Pub. L.
                93-344, title IV, Sec. 424, as added Pub. L. 104-4, title I,
                Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 55.)
    399.39-21d  Sec. 658d. Legislation subject to point of order
                (a) In general
                    It shall not be in order in the Senate or the House of
                Representatives to consider--
                        (1) any bill or joint resolution that is reported by
                    a committee unless the committee has published a
                    statement of the Director on the direct costs of Federal
                    mandates in accordance with section 658b(f) of this
                    title before such consideration, except this paragraph
                    shall not apply to any supplemental statement prepared
                    by the Director under section 658c(d) of this title; and
                        (2) any bill, joint resolution, amendment, motion,
                    or conference report that would increase the direct
                    costs of Federal intergovernmental mandates by an amount
                    that causes the thresholds specified in section
                    658c(a)(1) of this title to be exceeded, unless--
                            (A) the bill, joint resolution, amendment,
                        motion, or conference report provides new budget
                        authority or new entitlement authority in the House
                        of Representatives or direct spending authority in
                        the Senate for each fiscal year for such mandates
                        included in the bill, joint resolution, amendment,
                        motion, or conference report in an amount equal to
                        or exceeding the direct costs of such mandate; or
                            (B) the bill, joint resolution, amendment,
                        motion, or conference report includes an
                        authorization for appropriations in an amount equal
                        to or exceeding the direct costs of such mandate,
                        and--
                                (i) identifies a specific dollar amount of
                            the direct costs of such mandate for each year
                            up to 10 years during which such mandate shall
                            be in effect under the bill, joint resolution,
                            amendment, motion or conference report, and such
                            estimate in consistent with the estimate
                            determined under subsection (e) of this section
                            for each fiscal year;
                                (ii) identifies any appropriation bill that
                            is expected to provide for Federal funding of
                            the direct cost referred to under clause (i);
                            and
                                (iii) (I) provides that for any fiscal year
                            the responsible Federal agency shall determine
                            whether there are insufficient appropriations
                            for that fiscal year to provide for the direct
                            costs under clause (i) of such mandate, and
                            shall (no later than 30 days after the beginning
                            of the fiscal year) notify the appropriate
                            authorizing committees of Congress of the
                            determination and submit either--

    [[Page 442]]

                                    (aa) a statement that the agency has
                                determined, based on a re-estimate of the
                                direct costs of such mandate, after
                                consultation with State, local, and tribal
                                governments, that the amount appropriated is
                                sufficient to pay for the direct costs of
                                such mandate; or
                                    (bb) legislative recommendations for
                                either implementing a less costly mandate or
                                making such mandate ineffective for the
                                fiscal year;
                                (II) provides for expedited procedures for
                            the consideration of the statement or
                            legislative recommendations referred to in
                            subclause (I) by Congress no later than 30 days
                            after the statement or recommendations are
                            submitted to Congress; and (III) provides that
                            such mandate shall--
                                    (aa) in the case of a statement referred
                                to in subclause (I)(aa), cease to be
                                effective 60 days after the statement is
                                submitted unless Congress has approved the
                                agency's determination by joint resolution
                                during the 60-day period;
                                    (bb) cease to be effective 60 days after
                                the date the legislative recommendations of
                                the responsible Federal agency are submitted
                                to Congress under subclause (I)(bb) unless
                                Congress provides otherwise by law; or
                                    (cc) in the case that such mandate that
                                has not yet taken effect, continue not to be
                                effective unless Congress provides otherwise
                                by law.
                (b) Rule of construction
                    The provisions of subsection (a)(2)(B)(iii) of this
                section shall not be construed to prohibit or otherwise
                restrict a State, local, or tribal government from
                voluntarily electing to remain subject to the original
                Federal intergovernmental mandate, complying with the
                programmatic or financial responsibilities of the original
                Federal intergovernmental mandate and providing the funding
                necessary consistent with the costs of Federal agency
                assistance, monitoring, and enforcement.
                (c) Committee on Appropriations
                        (1) Application
                            The provisions of subsection (a) of section--
                                (A) shall not apply to any bill or
                            resolution reported by the Committee on
                            Appropriations of the Senate or the House of
                            Representatives; except
                                (B) shall apply to--
                                    (i) any legislative provision increasing
                                direct costs of a Federal intergovernmental
                                mandate contained in any bill or resolution
                                reported by the Committee on Appropriations
                                of the Senate or House of Representatives;
                                    (ii) any legislative provision
                                increasing direct costs of a Federal
                                intergovernmental mandate contained in any
                                amendment offered to a bill or resolution
                                reported by the Committee on Appropriations
                                of the Senate or House of Representatives;
                                    (iii) any legislative provision
                                increasing direct costs of a Federal
                                intergovernmental mandate in a conference
                                report accompanying a bill or resolution
                                reported by the Committee on Appropriations
                                of the Senate or House of Representatives;
                                and

    [[Page 443]]

                                    (iv) any legislative provision
                                increasing direct costs of a Federal
                                intergovernmental mandate contained in any
                                amendments in disagreement between the two
                                Houses to any bill or resolution reported by
                                the Committee on Appropriations of the
                                Senate or House of Representatives.
                        (2) Certain provisions stricken in Senate
                            Upon a point of order being made by any Senator
                        against any provision listed in paragraph (1)(B),
                        and the point of order being sustained by the Chair,
                        such specific provision shall be deemed stricken
                        from the bill, resolution, amendment, amendment in
                        disagreement, or conference report and may not be
                        offered as an amendment from the floor.
                (d) Determinations of applicability to pending legislation
                    For purposes of this section, in the Senate, the
                presiding officer of the Senate shall consult with the
                Committee on Governmental Affairs, to the extent
                practicable, on questions concerning the applicability of
                this part to a pending bill, joint resolution, amendment,
                motion, or conference report.
                (e) Determinations of Federal mandate levels
                    For purposes of this section, in the Senate, the levels
                of Federal mandates for a fiscal year shall be determined
                based on the estimates made by the Committee on the Budget.
                (Pub. L. 93-344, title IV, Sec. 425, as added Pub. L. 104-4,
                title I, Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 56.)
    399.39-21e  Sec. 658e. Provisions relating to the House of
                    Representatives
                (a) Enforcement in the House of Representatives
                    It shall not be in order in the House of Representatives
                to consider a rule or order that waives the application of
                section 658d of this title.
                (b) Disposition of points of order
                        (1) Application to the House of Representatives
                            This subsection shall apply only to the House of
                        Representatives.
                        (2) Threshold burden
                    In order to be cognizable by the Chair, a point of order
                under section 658d of this title or subsection (a) of this
                section must specify the precise language on which it is
                premised.
                        (3) Question of consideration
                            As disposition of points of order under section
                        658d of this title or subsection (a) of this
                        section, the Chair shall put the question of
                        consideration with respect to the proposition that
                        is the subject of the points of order.
                        (4) Debate and intervening motions
                            A question of consideration under this section
                        shall be debatable for 10 minutes by each Member
                        initiating a point of order and for 10 minutes by an
                        opponent on each point of order, but shall otherwise
                        be decided without intervening motion except one
                        that the House adjourn or that the Committee of the
                        Whole rise, as the case may be.
                        (5) Effect on amendment in order as original text
                            The disposition of the question of consideration
                        under this subsection with respect to a bill or
                        joint resolution shall be considered

    [[Page 444]]

                        also to determine the question of consideration
                        under this subsection with respect to an amendment
                        made in order as original text. (Pub. L. 93-344,
                        title IV, Sec. 426, as added Pub. L. 104-4, title I,
                        Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 59.)
    399.39-21f  Sec. 658f. Requests to the Congressional Budget Office from
                    Senators
                    At the written request of a Senator, the Director shall,
                to the extent practicable, prepare an estimate of the direct
                costs of a Federal intergovernmental mandate contained in an
                amendment of such Senator. (Pub. L. 93-344, title IV,
                Sec. 427, as added Pub. L. 104-4, title I, Sec. 101(a)(2),
                Mar. 22, 1995, 109 Stat. 59.)
    399.39-21g  Sec. 658g. Clarification of application
                (a) In general
                    This part applies to any bill, joint resolution,
                amendment, motion, or conference report that reauthorizes
                appropriations, or that amends existing authorization of
                appropriations, to carry out any statute, or that otherwise
                amends any statute, only if enactment of the bill, joint
                resolution, amendment, motion, or conference report--
                        (1) would result in a net reduction in or
                    elimination of authorization of appropriations for
                    Federal financial assistance that would be provided to
                    State, local, or tribal governments for use for the
                    purpose of complying with any Federal intergovernmental
                    mandate, or to the private sector for use to comply with
                    any Federal private sector mandate, and would not
                    eliminate or reduce duties established by the Federal
                    mandate by a corresponding amount; or
                        (2) would result in a net increase in the aggregate
                    amount of direct costs of Federal intergovernmental
                    mandates or Federal private sector mandates other than
                    as described in paragraph (1).
                (b) Direct costs
                        (1) In general
                            For purposes of this part, the direct cost of
                        the Federal mandates in a bill, joint resolution,
                        amendment, motion, or conference report that
                        reauthorizes appropriations, or that amends existing
                        authorizations of appropriations, to carry out a
                        statute, or that otherwise amends any statute, means
                        the net increase, resulting from enactment of the
                        bill, joint resolution, amendment, motion, or
                        conference report, in the amount described under
                        paragraph (2)(A) over the amount described under
                        paragraph (2)(B).
                        (2) Amounts
                            The amounts referred to under paragraph (1)
                        are--
                                (A) the aggregate amount of direct costs of
                            Federal mandates that would result under the
                            statute if the bill, joint resolution,
                            amendment, motion, or conference report is
                            enacted; and
                                (B) the aggregate amount of direct costs of
                            Federal mandates that would result under the
                            statute if the bill, joint resolution,
                            amendment, motion, or conference report were not
                            enacted.
                        (3) Extension of authorization of appropriations
                            For purposes of this section, in the case of
                        legislation to extend authorization of
                        appropriations, the authorization level that would
                        be provided by the extension shall be compared to
                        the authorization level for the last year in which
                        authorization of appropriations is

    [[Page 445]]

                        already provided. (Pub. L. 93-344, title IV,
                        Sec. 428, as added Pub. L. 104-4, title I,
                        Sec. 101(a)(2), Mar. 22, 1995, 109 Stat. 59.)

                               Subchapter III.--Credit Reform

     399.39-22  Sec. 661. Purposes.
                    The purposes of this subchapter are to--
                                (1) Measure more accurately the costs of
                            Federal credit programs;
                                (2) Place the cost of credit programs on a
                            budgetary basis equivalent to other Federal
                            spending;
                                (3) Encourage the delivery of benefits in
                            the form most appropriate to the needs of
                            beneficiaries; and
                                (4) Improve the allocation of resources
                            among credit programs and between credit and
                            other spending programs.
                                (Pub. L. 93-344, Title V, Sec. 501, as added
                            Pub. L. 101-508, Title XIII, Sec. 13201(a), Nov.
                            5, 1990, 104 Stat. 1388-610.)
    399.39-22a  Sec. 661a. Definitions.
                    For purposes of this subchapter--
                                (1) The term ``direct loan'' means a
                            disbursement of funds by the Government to a
                            non-Federal borrower under a contract that
                            requires the repayment of such funds with or
                            without interest. The term includes the purchase
                            of, or participation in, a loan made by another
                            lender. The term does not include the
                            acquisition of a federally guaranteed loan in
                            satisfaction of default claims or the price
                            support loans of the Commodity Credit
                            Corporation.
                                (2) The term ``direct loan obligation''
                            means a binding agreement by a Federal agency to
                            make a direct loan when specified conditions are
                            fulfilled by the borrower.
                                (3) The term ``loan guarantee'' means any
                            guarantee, insurance, or other pledge with
                            respect to the payment of all or a part of the
                            principal or interest on any debt obligation of
                            a non-Federal borrower to a non-Federal lender,
                            but does not include the insurance of deposits,
                            shares, or other withdrawable accounts in
                            financial institutions.
                                (4) The term ``loan guarantee commitment''
                            means a binding agreement by a Federal agency to
                            make a loan guarantee when specified conditions
                            are fulfilled by the borrower, the lender, or
                            any other party to the guarantee agreement.
                                (5)(A) The term ``cost'' means the estimated
                            long-term cost to the Government of a direct
                            loan or loan guarantee, calculated on a net
                            present value basis,

                excluding administrative costs and any incidental effects on
                governmental receipts or outlays.

                                (B) The cost of a direct loan shall be the
                            net present value, at the time when the direct
                            loan is disbursed, of the following cash flows:

                                    (i) loan disbursements;

                                    (ii) repayments of principal; and

                                    (iii) payments of interest and other
                                payments by or to the Government over the
                                life of the loan after adjusting for
                                estimated defaults, prepayments, fees,
                                penalties and other recoveries.

    [[Page 446]]

                                (C) The cost of a loan guarantee shall be
                            the net present value when a guaranteed loan is
                            disbursed of the cash flow from--

                                    (i) estimated payments by the Government
                                to cover defaults and delinquencies,
                                interest subsidies, or other payments, and

                                    (ii) the estimated payments to the
                                Government including origination and other
                                fees, penalties and recoveries.

                                (D) Any Government action that alters the
                            estimated net present value of an outstanding
                            direct loan or loan guarantee (except
                            modifications within the terms of existing
                            contracts or through other existing authorities)
                            shall be counted as a change in the cost of the
                            direct loan or loan guarantee. The calculation
                            of such changes shall be based on the estimated
                            present value of the direct loan or loan
                            guarantee at the time of modification.
                                (E) In estimating net present values, the
                            discount rate shall be the average interest rate
                            on marketable Treasury securities of similar
                            maturity to the direct loan or loan guarantee
                            for which the estimate is being made.
                                (6) The term ``credit program account''
                            means the budget account into which an
                            appropriation to cover the cost of a direct loan
                            or loan guarantee program is made and from which
                            such cost is disbursed to the financing account.
                                (7) The term ``financing account'' means the
                            non-budget account or accounts associated with
                            each credit program account which holds
                            balances, receives the cost payment from the
                            credit program account, and also includes all
                            other cash flows to and from the Government
                            resulting from direct loan obligations or loan
                            guarantee commitments made on or after October
                            1, 1991.
                                (8) The term ``liquidating account'' means
                            the budget account that includes all cash flows
                            to and from the Government resulting from direct
                            loan obligations or loan guarantee commitments
                            made prior to October 1, 1991.

                These accounts shall be shown in the budget on a cash basis.

                                (9) The term ``Director'' means the Director
                            of the Office of Management and Budget.

                (Pub. L. 93-344, Title V, Sec. 502, as added Pub. L. 101-
                508, Title XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat.
                1388-610.)

    399.39-22b  Sec. 661b. OMB and CBO analysis, coordination, and review.
                (a) In general.
                    For the executive branch, the Director shall be
                responsible for coordinating the estimates required by this
                title. The Director shall consult with the agencies that
                administer direct loan or loan guarantee programs.
                (b) Delegation.
                    The Director may delegate to agencies authority to make
                estimates of costs. The delegation of authority shall be
                based upon written guidelines, regulations, or criteria
                consistent with the definitions in this title.
                (c) Coordination with the Congressional Budget Office.
                    In developing estimation guidelines, regulations, or
                criteria to be used by Federal agencies, the Director shall
                consult with the Director of the Congressional Budget
                Office.

    [[Page 447]]

                (d) Improving cost estimates.
                    The Director and the Director of the Congressional
                Budget Office shall coordinate the development of more
                accurate data on historical performances of direct loan and
                loan guarantee programs. They shall annually review the
                performance of outstanding direct loans and loan guarantees
                to improve estimates of costs. The Office of Management and
                Budget and the Congressional Budget Office shall have access
                to all agency data that may facilitate the development and
                improvement of estimates of costs.
                (e) Historical credit program costs.
                    The Director shall review, to the extent possible,
                historical data and develop the best possible estimates of
                adjustments that would convert aggregate historical budget
                data to credit reform accounting.
                (f) Administrative costs.
                    The Director and the Director of the Congressional
                Budget Office shall each analyze and report to the Congress
                on difference in long-term administrative costs for credit
                programs versus grant programs by January 31, 1992. Their
                reports shall recommend to Congress any changes, if
                necessary, in the treatment of administrative costs under
                credit reform accounting. (Pub. L. 93-344, Title V,
                Sec. 503, as added Pub. L. 101-508, Title XIII,
                Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-611.)
    399.39-22c  Sec. 661c. Budgetary treatment.
                (a) President's budget.
                    Beginning with fiscal year 1992, the President's budget
                shall reflect the costs of direct loan and loan guarantee
                programs. The budget shall also include the planned level of
                new direct loan obligations or loan guarantee commitments
                associated with each appropriations request.
                (b) Appropriations required.
                    Notwithstanding any other provision of law, new direct
                loan obligations may be incurred and new loan guarantee
                commitments may be made for fiscal year 1992 and thereafter
                only to the extent that--
                                (1) appropriations of budget authority to
                            cover their costs are made in advance;
                                (2) a limitation on the use of funds
                            otherwise available for the cost of a direct
                            loan or loan guarantee program is enacted; or
                                (3) authority is otherwise provided in
                            appropriation Acts.
                (c) Exemption for mandatory programs.
                    Subsection (b) of this section shall not apply to a
                direct loan or loan guarantee program that--
                                (1) constitutes an entitlement (such as the
                            guaranteed student loan program or the veterans'
                            home loan guaranty program); or
                                (2) all existing credit programs of the
                            Commodity Credit Corporation on November 5,
                            1990.
                (d) Budget accounting.
                    (1) The authority to incur new direct loan obligations,
                make new loan guarantee commitments, or directly or
                indirectly alter the costs of outstanding direct loans and
                loan guarantees shall constitute new budget authority in an
                amount equal to the cost of the direct loan

    [[Page 448]]

                or loan guarantee in the fiscal year in which definite
                authority becomes available or indefinite authority is used.
                Such budget authority shall constitute an obligation of the
                credit program account to pay to the financing account.
                    (2) The outlays resulting from new budget authority for
                the cost of direct loans or loan guarantees described in
                paragraph (1) shall be paid from the credit program account
                into the financing account and recorded in the fiscal year
                in which the direct loan or the guaranteed loan is disbursed
                or its costs altered.
                    (3) All collections and payments of the financing
                accounts shall be a means of financing.
                (e) Modifications.
                    A direct loan obligation or loan guarantee commitment
                shall not be modified in a manner that increases its cost
                unless budget authority for the additional cost is
                appropriated, or is available out of existing appropriations
                or from other budgetary resources.
                (f) Reestimates.
                    When the estimated cost for a group of direct loans or
                loan guarantees for a given credit program made in a single
                fiscal year is reestimated in a subsequent year, the
                difference between the reestimated cost and the previous
                cost estimate shall be displayed as a distinct and
                separately identified subaccount in the credit program
                account as a change in program costs and a change in net
                interest. There is hereby provided permanent indefinite
                authority for these reestimates.
                (g) Administrative expenses.
                    All funding for an agency's administration of a direct
                loan or loan guarantee program shall be displayed as
                distinct and separately identified subaccounts within the
                same budget account as the program's cost. (Pub. L. 93-344,
                Title V, Sec. 504, as added Pub. L. 101-508, Title XIII,
                Sec. 13201(a), Nov. 5, 1990, 104 Stat. 1388-612.)
    399.39-22d  Sec. 661d. Authorizations.
                (a) Authorization of appropriations for costs.
                    There are authorized to be appropriated to each Federal
                agency authorized to make direct loan obligations or loan
                guarantee commitments, such sums as may be necessary to pay
                the cost associated with such direct loan obligations or
                loan guarantee commitments.
                (b) Authorization for financing accounts.
                    In order to implement the accounting required by this
                subchapter, the President is authorized to establish such
                non-budgetary accounts as may be appropriate.
                (c) Treasury transactions with the financing accounts.
                    The Secretary of the Treasury shall borrow from, receive
                from, lend to, or pay to the financing accounts such amounts
                as may be appropriate. The Secretary of the Treasury may
                prescribe forms and denominations, maturities, and terms and
                conditions for the transactions described above. The
                authorities described above shall not be construed to
                supercede or override the authority of the head of a Federal
                agency to administer and operate a direct loan or loan
                guarantee program. All of the transactions provided in this
                subsection shall be subject to

    [[Page 449]]

                the provisions of subchapter II of chapter 15 of Title 31.
                Cash balances of the financing accounts in excess of current
                requirements shall be maintained in a form of uninvested
                funds and the Secretary of the Treasury shall pay interest
                on these funds.
                (d) Authorization for liquidating accounts.
                    If funds in liquidating accounts are insufficient to
                satisfy the obligations and commitments of said accounts,
                there is hereby provided permanent, indefinite authority to
                make any payments required to be made on such obligations
                and commitments.
                (e) Authorization of appropriations for implementation
                    expenses.
                    There are authorized to be appropriated to existing
                accounts such sums as may be necessary for salaries and
                expenses to carry out the responsibilities under this
                subchapter.
                (f) Reinsurance.
                    Nothing in this subchapter shall be construed as
                authorizing or requiring the purchase of insurance or
                reinsurance on a direct loan or loan guarantee from private
                insurers. If any such reinsurance for a direct loan or loan
                guarantee is authorized, the cost of such insurance and any
                recoveries to the Government shall be included in the
                calculation of the cost.
                (g) Eligibility and assistance.
                    Nothing in this subchapter shall be construed to change
                the authority or the responsibility of a Federal agency to
                determine the terms and conditions of eligibility for, or
                the amount of assistance provided by a direct loan or a loan
                guarantee. (Pub. L. 93-344, Title V, Sec. 505, as added Pub.
                L. 101-508, Title XIII, Sec. 13201(a), Nov. 5, 1990, 104
                Stat. 1388-613.)
    399.39-22e  Sec. 661e. Treatment of Deposit Insurance and agencies and
                    other insurance programs.
                (a)\1\In general.
                    (1) This subchapter shall not apply to the credit or
                insurance activities of the Federal Deposit Insurance
                Corporation, National Credit Union Administration,
                Resolution Trust Corporation, Pension Benefit Guaranty
                Corporation, National Flood Insurance, National Insurance
                Development Fund, Crop Insurance, or Tennessee Valley
                Authority.
                    \1\So in original. There is no subsec. (b).
                    (2) The Director and the Director of the Congressional
                Budget Office shall each study whether the accounting for
                Federal deposit insurance programs should be on a cash basis
                on the same basis as loan guarantees, or on a different
                basis. Each Director shall report findings and
                recommendations to the President and the Congress on or
                before May 31, 1991.
                    (3) For the purposes of paragraph (2), the Office of
                Management and Budget and the Congressional Budget Office
                shall have access to all agency data that may facilitate
                these studies. (Pub. L. 93-344, Title V, Sec. 506, as added
                Pub. L. 101-508, Title XIII, Sec. 13201(a) Nov. 5, 1990, 104
                Stat. 1388-614.)

    [[Page 450]]

    399.39-22f  Sec. 661f. Effect on other laws.
                (a) Effect on other laws.
                    This subchapter shall supersede, modify, or repeal any
                provision of law enacted prior to November 5, 1990, to the
                extent such provision is inconsistent with this subchapter.
                Nothing in this subchapter shall be construed to establish a
                credit limitation on any Federal loan or loan guarantee
                program.
                (b) Crediting of collections.
                    Collections resulting from direct loans obligated or
                loan guarantees committed prior to October 1, 1991, shall
                be credited to the liquidating accounts of Federal agencies.
                Amounts so credited shall be available, to the same extent
                that they were available prior to November 5, 1988, to
                liquidate obligations arising from such direct loans obligated
                or loan guarantees committed prior to October 1, 1991,
                including repaying of any obligations held by the Secretary
                of the Treasury or the Federal Financing Bank. The unobligated
                balances of such accounts that are in excess of current needs
                shall be transferred to the general fund of the Treasury. Such
                transfers shall be made from time to time but, at least once
                each year. (Pub. L. 93-344, Title V, Sec. 507, as added Pub. L.
                101-508, Title XIII, Sec. 13201(a), Nov. 5, 1990, 104 Stat.
                1388-614.)

                   Subchapter IV.--Budget Agreement Enforcement Provisions

     399.39-23  Sec. 665. Definitions and point of order.
                (a) Definitions.
                    As used in this subchapter and for purposes of the
                Balanced Budget and Emergency Deficit Control Act of 1985:

                        (1) Maximum deficit amount.

                    The term ``maximum deficit amount'' means--
                                (A) with respect to fiscal year 1991,
                            $327,000,000,000;
                                (B) with respect to fiscal year 1992,
                            $317,000,000,000;
                                (C) with respect to fiscal year 1993,
                            $236,000,000,000;
                                (D) with respect to fiscal year 1994,
                            $102,000,000,000; and
                                (E) with respect to fiscal year 1995,
                            $83,000,000,000;

                as adjusted in strict conformance with sections 251, 252,
                and 253 of the Balanced Budget and Emergency Deficit Control
                Act of 1985 [2 U.S.C.A. Secs. 901, 902, and 903].

                        (2) Discretionary spending limit.

                    The term ``discretioinary spending limit'' means--
                                (A) with respect to fiscal year 1991--

                                    (i) for the defense category:
                                $288,918,000,000 in new budget authority and
                                $297,660,000,000 in outlays;

                                    (ii) for the international category:
                                $20,100,000,000 in new budget authority and
                                $18,600,000,000 in outlays; and

                                    (iii) for the domestic category:
                                $182,700,000,000 in new budget authority and
                                $198,100,000,000 in outlays;

                                (B) with respect to fiscal year 1992--

                                    (i) for the defense category:
                                $291,643,000,000 in new budget authority and
                                $295,744,000,000 in outlays;

    [[Page 451]]

                                    (ii) for the international category:
                                $20,500,000,000 in new budget authority and
                                $19,100,000,000 in outlays; and

                                    (iii) for the domestic category:
                                $191,300,000,000 in new budget authority and
                                $210,100,000,000 in outlays;

                                (C) with respect to fiscal year 1993--

                                    (i) for the defense category:
                                $291,785,000,000 in new budget authority and
                                $292,686,000,000 in outlays;

                                    (ii) for the international category:
                                $21,400,000,000 in new budget authority and
                                $19,600,000,000 in outlays; and

                                    (iii) for the domestic category:
                                $198,300,000,000 in new budget authority and
                                $221,700,000,000 in outlays;

                                (D) with respect to fiscal year 1994, for
                            the discretionary category: $510,8100,000,000 in
                            new budget authority and $534,800,000,000 in
                            outlays;
                                (E) with respect to fiscal year 1995, for
                            the discretionary category: $517,700,000,000 in
                            new budget authority and $540,800,000,000 in
                            outlays; and
                                (F) with respect to fiscal years 1996, 1997,
                            and 1998, for the discretionary category, the
                            amounts set forth for those years in section
                            12(b)(1) of House Concurrent Resolution 64 (103d
                            Congress);

                as adjusted in strict conformance with section 251 of the
                Balanced Budget and Emergency Deficit Control Act of 1985 [2
                U.S.C.A. Sec. 901].

                (b) Point of order in the Senate on aggregate allocations
                    for defense, international, and domestic discretionary
                    spending.
                    (1) Except as otherwise provided in this subsection, it
                shall not be in order in the Senate to consider any
                concurrent resolution on the budget for fiscal year 1995,
                1996, 1997, or 1998 (or amendment, motion, or conference
                report on such a resolution) that would exceed any of the
                discretionary spending limits in this section.
                    (3)\1\ For purposes of this subsection, the levels of
                new budget authority and outlays for a fiscal year shall be
                determined on the basis of estimates made by the Committee
                on the Budget of the Senate.
                    \1\So in original. There is no paragraph (2).
                    (4) This subsection shall not apply if a declaration of
                war by the Congress is in effect or if a joint resolution
                pursuant to section 258 of the Balanced Budget and Emergency
                Deficit Act of 1985 has been enacted. (Pub. L. 93-344, Title
                VI, Sec. 601, as added Pub. L. 101-508, Title XIII,
                Sec. 13111, Nov. 5, 1990, 104 Stat. 1388-602; Pub. L. 103-
                66, Sec. 14002, Aug. 10, 1993, 107 Stat. 683.)

    399.39-23a  Sec. 665a. Committee allocations and enforcement.

                (a) Commmittee spending allocations.

                        (1) House of Representatives.

                                (A) Allocation among committees.

                    The joint explanatory statement accompanying a
                conference report on a budget resolution shall include
                allocations, consistent with the resolution recommended in
                the conference report, of the appropriate levels (for each
                fiscal year covered by that resolution and a total for all
                such years) of--
                                (i) total new budget authority,
                                (ii) total entitlement authority, and

    [[Page 452]]

                                (iii) total outlays;

                among each committee of the House of Representatives that
                has jurisdiction over legislation providing or creating such
                amounts.

                                (B) No double counting.

                    Any item allocated to one committee of the House of
                Representatives may not be allocated to another such
                committee.

                                (C) Further division of amounts.

                    The amounts allocated to each committee for each fiscal
                year, other than the Committee on Appropriations, shall be
                further divided between amounts provided or required by law
                on the date of filing of that conference report and amounts
                not so provided or required. The amounts allocated to the
                Committee on Appropriations for each fiscal year shall be
                further divided between discretionary and mandatory amounts
                or programs, as appropriate.

                        (2) Senate allocation among committees.

                    The joint explanatory statement accompanying a
                conference report on a budget resolution shall include an
                allocation, consistent with the resolution recommended in
                the conference report, of the appropriate levels of--
                                (A) total new budget authority;
                                (B) total outlays; and
                                (C) social security outlays;

                among each committee of the Senate that has jurisdiction
                over legislation providing or creating such amounts.

                        (3) Amounts not allocated.

                    (A) In the House of Representatives, if a committee
                receives no allocation of new budget authority, entitlement
                authority, or outlays, that committee shall be deemed to
                have received an allocation equal to zero for new budget
                authority, entitlement authority, or outlays.
                    (B) In the Senate, if a committee receives no allocation
                of new budget authority, outlays, or social security
                outlays, that committee shall be deemed to have received an
                allocation equal to zero for new budget authority, outlays,
                or social security outlays.

                (b) Suballocations by committees.

                        (1) Suballocations by appropriations committees.

                    As soon as practicable after a budget resolution is
                agreed to, the Committee on Appropriations of each House
                (after consulting with the Committee on Appropriations of
                the other House) shall suballocate each amount allocated to
                it for the budget year under subsection (a)(1)(A) or (a)(2)
                of this section among its subcommittees. Each Committee on
                Appropriations shall promptly report to its House
                suballocations made or revised under this paragraph.

                         (2) Suballocations by other committees of the
                                Senate.

                    Each other committee of the Senate to which an
                allocation under subsection (a)(2) of this section is made
                in the joint explanatory statement may subdivide each amount
                allocated to it under subsection (a) of this section among
                its subcommittees or among programs over which it has
                jurisdiction and shall promptly report any such
                suballocations

    [[Page 453]]

                to the Senate. Section 633(c) of this title shall not apply
                in the Senate to committees other than the Committee on
                Appropriations.

                (c) Application of section 633(f) of this title to this
                    section.

                    In fiscal years through 1995, reference in section
                633(f) of this title to the appropriate allocation made
                pursuant to section 633(b) of this title for a fiscal year
                shall, for purposes of this section, be deemed to be a
                reference to any allocation made under subsection (a) or any
                suballocation made under subsection (b) of this section, as
                applicable, for the fiscal year of the resolution or for the
                total of all fiscal years made by the joint explanatory
                statement accompanying the applicable concurrent resolution
                on the budget. In the House of Representatives, the
                preceding sentence shall not apply with respect to fiscal
                year 1991.

                (d) Application of subsections (a) and (b) of this section
                    to fiscal years 1992 to 1995.

                    In the case of concurrent resolutions on the budget for
                fiscal years 1992 through 1995, allocations shall be made
                under subsection (a) of this section instead of section
                633(a) of this title and shall be made under subsection (b)
                of this section instead of section 633(b) of this title. For
                those fiscal years, all references in sections 633 (c), (d),
                (e), (f), and (g) of this title to section 633(a) of this
                title shall be deemed to be to subsection (a) of this
                section (including revisions made under section 665c of this
                title) and all such references to section 633(b) of this
                title shall be deemed to be to subsection (b) of this
                section (including revisions made under section 665c of this
                title).

                (e) Pay-as-you-go exception in the House.

                    Section 663(f)(1) of this title and, after April 15 of
                any calendar year section 633(a) of this title, shall not
                apply to any bill, joint resolution, amendment thereto, or
                conference report thereon if, for each fiscal year covered
                by the most recently agreed to concurrent resolution on the
                budget--
                                (1) the enactment of such bill or resolution
                            as reported;
                                (2) the adoption and enactment of such
                            amendment; or
                                (3) the enactment of such bill or resolution
                            in the form recommended in such conference
                            report,

                would not increase the deficit for any such fiscal year,
                and, if the sum of any revenue increases provided in
                legislation already enacted during the current session (when
                added to revenue increases, if any, in excess of any outlay
                increase provided by the legislation proposed for
                consideration) is at least as great as the sum of the
                amount, if any, by which the aggregate level of Federal
                revenues should be increased as set forth in that concurrent
                resolution and the amount, if any, by which revenues are to
                be increased pursuant to pay-as-you-go procedures under
                section 638(b)(2) of this title if included in that
                concurrent resolution.

                    (2) Revised allocations
                                (A) As soon as practicable after Congress
                            agrees to a bill or joint resolution that would
                            have been subject to a point of order under
                            section 633(f)(1) of this title but for the
                            exception provided in paragraph (1), the
                            chairman of the Committee on the Budget of the
                            House of Representatives may file with the House
                            appropriately revised allocations under section
                            633(a) of this title and revised functional
                            levels and budget aggregates to reflect that
                            bill.

    [[Page 454]]

                                (B) such revised allocations, functional
                            levels, and budget aggregates shall be
                            considered for the purposes of this Act as
                            allocations, functional levels, and budget
                            aggregates contained in the most recently agreed
                            to concurrent resolution on the budget.

                (Pub. L. 93-344, Title VI, Sec. 602, as added Pub. L. 101-
                508, Title XIII, Sec. 13111, Nov. 5, 1990, 104 Stat. 1388-
                603.)

    399.39-23b  Sec. 665b. Consideration of legislation before adoption of
                    budget resolution for that fiscal year.

                (a) Adjusting section allocation of discretionary spending.

                    If a concurrent resolution on the budget is not adopted
                by April 15, the chairman of the Committee on the Budget of
                the House of Representatives shall submit to the House, as
                soon as practicable, a section 665a(a) allocation to the
                Committee on Appropriations consistent with the
                discretionary spending limits contained in the most recent
                budget submitted by the President under section 1105(a) of
                Title 31. Such allocations shall include the full allowance
                specified under section 901(b)(2)(E)(i) of this title.
                    (b)\1\ As soon as practicable after a section 665a(a)
                allocation is submitted under this section, the Committee on
                Appropriations shall make suballocations and promptly report
                those suballocations to the House of Representatives. (Pub.
                L. 93-344, Title VI, Sec. 603, as added Pub. L. 101-508,
                Title XIII, Sec. 13111, Nov. 5, 1990, 104 Stat. 1388-605.)

                    \1\Section enacted without a subsection (b) heading.

    399.39-23c  Sec. 665c. Reconciliation directives regarding pay-as-you-go
                    requirements.

                (a) Instructions to effectuate pay-as-you-go in the House of
                    Representatives.

                    If legislation providing for a net reduction in revenues
                in any fiscal year (that, within the same measure, is not
                fully offset in that fiscal year by reductions in direct
                spending) is enacted, the Committee on the Budget of the
                House of Representatives may report, within 15 legislative
                days during a Congress, a pay-as-you-go reconciliation
                directive in the form of a concurrent resolution--
                                (1) specifying the total amount by which
                            revenues sufficient to eliminate the net deficit
                            increase resulting from that legislation in each
                            fiscal year are to be changed; and
                                (2) directing that the committees having
                            jurisdiction determine and recommend changes in
                            the revenue law, bills, and resolutions to
                            accomplish a change of such total amount.
                (b) Consideration of pay-as-you-go reconciliation
                    legislation in the House of Representatives.
                    In the House of Representatives, subsections (b) through
                (d) of section 641 of this title shall apply in the same
                manner as if the reconciliation directive described in
                subsection (a) of this section were a concurrent resolution
                on the budget. (Pub. L. 99-344, Title VI, Sec. 604, as added
                Pub. L. 101-508, Title XIII, Sec. 13111, Nov. 5, 1990, 104
                Stat. 1388-605.)

    [[Page 455]]

    399.39-23d  Sec. 665d. Application of section 642 of this title; point
                    of order.
                (a) Application of section 642(a) of this title.
                    (1) In the House of Representatives, in the application
                of section 642(a)(1) of this title to any bill, resolution,
                amendment, or conference report, reference in section 642 of
                this title to the appropriate level of total budget
                authority or total budget outlays or appropriate level of
                total revenues set forth in the most recently agreed to
                concurrent resolution on the budget for a fiscal year shall
                be deemed to be a reference to the appropriate level for
                that fiscal year and to the total of the appropriate level
                for that year and the 4 succeeding years.
                    (2) In the Senate, in the application of section
                642(a)(2) of this title to any bill, resolution, motion, or
                conference report, reference in section 642 of this title to
                the appropriate level of total revenues set forth in the
                most recently agreed to concurrent resolution on the budget
                for a fiscal year shall be deemed to be a reference to the
                appropriate level for that fiscal year and to the total of
                the appropriate levels for that year and the 4 succeeding
                years.
                (b) Maximum deficit amount point of order in the Senate.
                    After Congress has completed action on a concurrent
                resolution on the budget, it shall not be in order in the
                Senate to consider any bill, resolution, amendment, motion,
                or conference report that would result in a deficit for the
                first fiscal year covered by that resolution that exceeds
                the maximum deficit amount specified for such fiscal year in
                section 655(a) of this title. (Pub. L. 93-344, Title VI,
                Sec. 605, as added Pub. L. 101-508, Title XIII, Sec. 13111,
                Nov. 5, 1990, 104 Stat. 1388-606.)
    399.39-23e  Sec. 665e. 5-Year budget resolutions: budget resolution must
                    conform to Balanced Budget and Emergency Deficit Control
                    Act of 1985.
                (a) 5-year budget resolutions.
                    In the case of any concurrent resolution on the budget
                for fiscal year 1992, 1993, 1994, or 1995, that resolution
                shall set forth appropriate levels for the fiscal year
                beginning on October 1 of the calendar year in which it is
                reported and for each of the 4 succeeding fiscal years for
                the matters described in section 632(a) of this title.
                (b) Point of order in the House of Representatives.
                    It shall not be in order in the House of Representatives
                to consider any concurrent resolution on the budget for a
                fiscal year or conference report thereon under section 632
                or 635 of this title that exceeds the maximum deficit amount
                for each fiscal year covered by the concurrent resolution or
                conference report as determined under section 665(a) of this
                title, including possible revisions under part C of the
                Balanced Budget and Emergency Deficit Control Act of 1985 [2
                U.S.C.A. Sec. 900 et seq.].
                (c) Point of order in the Senate.
                    It shall not be in order in the Senate to consider any
                concurrent resolution on the budget for a fiscal year under
                section 632 of this title, or to consider any amendment to
                such a concurrent resolution, or to consider a conference
                report on such a concurrent resolution, if

    [[Page 456]]

                the level of total budget outlays for the first fiscal year
                that is set forth in such concurrent resolution or
                conference report exceeds the recommended level of Federal
                revenues set forth for that year by an amount that is
                greater than the maximum deficit amount for such fiscal year
                as determined under section 665(a) of this title or if the
                adoption of such amendment would result in a level of total
                budget outlays for that fiscal year which exceeds the
                recommended level of Federal revenues for that fiscal year,
                by an amount that is greater than the maximum deficit amount
                for such fiscal years as determined under section 665(a) of
                this title.
                (d) Adjustments.
                    (1) Notwithstanding any other provision of law,
                concurrent resolutions on the budget for fiscal years 1992,
                1993, 1994, and 1995 under section 632 or 635 of this title
                may set forth levels consistent with allocations increased
                by--
                                (A) amounts not to exceed the budget
                            authority amounts in section 251(b)(2)(E)(i) and
                            (ii) of the Balanced Budget and Emergency
                            Deficit Control Act of 1985 [2 U.S.C.A.
                            Sec. 901(b)(2)(E)(i) and (ii)] and the composite
                            outlays per category consistent with them; and
                                (B) the budget authority and outlay amounts
                            in section 251(b)(1) of that Act [2 U.S.C.A.
                            Sec. 901(b)(1)].
                    (2) For purposes of congressional consideration of
                provisions described in sections 251(b)(2)(A), 251(b)(2)(B),
                251(b)(2)(C), 251(b)(2)(D), and 252(e), determinations under
                sections 633, 634, and 642 of this title shall not take into
                account any new budget authority, new entitlement authority,
                outlays, receipts, or deficit effects in any fiscal year of
                those provisions. (Pub. L. 93-344, Title VI, Sec. 606, as
                added Pub. L. 101-508, Title XIII, Sec. 13111, Nov. 5, 1990,
                104 Stat. 1388-606.)

                              Chapter 17B.--IMPOUNDMENT CONTROL

     399.39-24  Sec. 681. Disclaimer.
                    Nothing contained in this Act, or in any amendments made
                by this Act, shall be construed as--
                                (1) asserting or conceding the
                            constitutional powers or limitations of either
                            the Congress or the President;
                                (2) ratifying or approving any impoundment
                            heretofore or hereafter executed or approved by
                            the President or any other Federal officer or
                            employee, except insofar as pursuant to
                            statutory authorization then in effect;
                                (3) affecting in any way the claims or
                            defenses of any party to litigation concerning
                            any impoundment; or
                                (4) superseding any provision of law which
                            requires the obligation of budget authority or
                            the making of outlays thereunder.

                (Pub. L. 93-344, Title X, Sec. 1001, July 12, 1974, 88 Stat.
                332.)

    399.39-24a  Sec. 682. Definitions.
                    For purposes of sections 682 to 688 of this title--
                                (1) ``deferral of budget authority''
                            includes--

                                    (A) withholding or delaying the
                                obligation or expenditure of budget
                                authority (whether by establishing reserves
                                or otherwise) provided for projects or
                                activities; or

    [[Page 457]]

                                    (B) any other type of Executive action
                                or inaction which effectively precludes the
                                obligation or expenditure of budget
                                authority, including authority to obligate
                                by contract in advance of appropriations as
                                specifically authorized by law;

                                (2) ``Comptroller General'' means the
                            Comptroller General of the United States;
                                (3) ``rescission bill'' means a bill or
                            joint resolution which only rescinds, in whole
                            or in part, budget authority proposed to be
                            rescinded in a special message transmitted by
                            the President under section 683 of this title,
                            and upon which the Congress completes action
                            before the end of the first period of 45
                            calendar days of continuous session of the
                            Congress after the date on which the President's
                            message is received by the Congress;
                                (4) ``impoundment resolution'' means a
                            resolution of the House of Representatives or
                            the Senate which only expresses its disapproval
                            of a proposed deferral of budget authority set
                            forth in a special message transmitted by the
                            President under section 684 of this title; and
                                (5) continuity of a session of the Congress
                            shall be considered as broken only by an
                            adjournment of the Congress sine die, and the
                            days on which either House is not in session
                            because of an adjournment of more than 3 days to
                            a day certain shall be excluded in the
                            computation of the 45-day period referred to in
                            paragraph (3) of this section and in section 683
                            of this title, and the 25-day periods referred
                            to in sections 687 and 688(b)(1) of this title.
                            If a special message is transmitted under
                            section 683 of this title during any Congress
                            and the last session of such Congress adjourns
                            sine die before the expiration of 45 calendar
                            days of continuous session (or a special message
                            is so transmitted after the last session of the
                            Congress adjourns sine die), the message shall
                            be deemed to have been retransmitted on the
                            first day of the succeeding Congress and the 45-
                            day period referred to in paragraph (3) of this
                            section and in section 683 of this title (with
                            respect to such message) shall commence on the
                            day after such first day.

                (Pub. L. 93-344, Title X, Sec. 1011, July 12, 1974, 88 Stat.
                333.)

    399.39-24b  Sec. 683. Rescission of budget authority.

                (a) Transmittal of special message.

                    Whenever the President determines that all or part of
                any budget authority will not be required to carry out the
                full objectives or scope of programs for which it is
                provided or that such budget authority should be rescinded
                for fiscal policy or other reasons (including the
                termination of authorized projects or activities for which
                budget authority has been provided), or whenever all or part
                of budget authority provided for only one fiscal year is to
                be reserved from obligation for such fiscal year, the
                President shall transmit to both Houses of Congress a
                special message specifying--
                                (1) the amount of budget authority which he
                            proposes to be rescinded or which is to be so
                            reserved;
                                (2) any account, department, or
                            establishment of the Government to which such
                            budget authority is available for obligation,
                            and the specific project or governmental
                            functions involved;
                                (3) the reasons why the budget authority
                            should be rescinded or is to be so reserved;

    [[Page 458]]

                                (4) to the maximum extent practicable, the
                            estimated fiscal, economic, and budgetary effect
                            of the proposed rescission or of the
                            reservation; and
                                (5) all facts, circumstances, and
                            considerations relating to or bearing upon the
                            proposed rescission or the reservation and the
                            decision to effect the proposed rescission or
                            the reservation, and to the maximum extent
                            practicable, the estimated effect of the
                            proposed rescission or the reservation upon the
                            objects, purposes, and programs for which the
                            budget authority is provided.

                (b) Requirement to make available for obligation.

                    Any amount of budget authority proposed to be rescinded
                or that is to be reserved as set forth in such special
                message shall be made available for obligation unless,
                within the prescribed 45-day period, the Congress has
                completed action on a rescission bill rescinding all or part
                of the amount proposed to be rescinded or that is to be
                reserved. Funds made available under this procedure may not
                be proposed for rescission again. (Pub. L. 93-344, Title X,
                Sec. 1012, July 12, 1974, 88 Stat. 333; Pub. L. 100-119,
                Title II, Sec. 207, Sept. 29, 1987, 101 Stat. 786.)
     399.39-25  Sec. 684. Proposed deferrals of budget authority.

                (a) Transmittal of special message.

                    Whenever the President, the Director of the Office of
                Management and Budget, the head of any department or agency
                of the United States, or any officer or employee of the
                United States proposes to defer any budget authority
                provided for a specific purpose or project, the President
                shall transmit to the House of Representatives and the
                Senate a special message specifying--
                                (1) the amount of the budget authority
                            proposed to be deferred;
                                (2) any account, department, or
                            establishment of the Government to which such
                            budget authority is available for obligation,
                            and the specific projects or governmental
                            functions involved;
                                (3) the period of time during which the
                            budget authority is proposed to be deferred;
                                (4) the reasons for the proposed deferral,
                            including any legal authority invoked by him to
                            justify the proposed deferral;
                                (5) to the maximum extent practicable, the
                            estimated fiscal, economic, and budgetary effect
                            of the proposed deferral; and
                                (6) all facts, circumstances, and
                            considerations relating to or bearing upon the
                            proposed deferral and the decision to effect the
                            proposed deferral, including an analysis of such
                            facts, circumstances, and considerations in
                            terms of their application to any legal
                            authority, including specific elements of legal
                            authority, invoked to justify such proposed
                            deferral, and to the maximum extent practicable,
                            the estimated effect of the proposed deferral
                            upon the objects, purposes, and programs for
                            which the budget authority is provided.
                                A special message may include one or more
                            proposed deferrals of budget authority. A
                            deferral may not be proposed for any period of
                            time extending beyond the end of the fiscal year
                            in which the special message proposing the
                            deferral is transmitted to the House and the
                            Senate.
                (b) Consistency with legislative policy.
                    Deferrals shall be permissible only--

    [[Page 459]]

                                (1) to provide for contingencies;
                                (2) to achieve savings made possible by or
                            through changes in requirements or greater
                            efficiency of operations; or
                                (3) as specifically provided by law.

                No officer or employee of the United States may defer any
                budget authority for any other purpose.

                (c) Exception.

                    The provisions of this section do not apply to any
                budget authority proposed to be rescinded or that is to be
                reserved as set forth in a special message required to be
                transmitted under section 683 of this title. (Pub. L. 93-
                344, Title X, Sec. 1013, July 12, 1974, 88 Stat. 334; Pub.
                L. 100-119, Title II, Sec. 206(a), Sept. 29, 1987, 101 Stat.
                785.)

     399.39-26  Transmission of messages; publication.

                           Delivery to House and Senate

                    (a) Each special message transmitted under section 683
                or 684 of this title shall be transmitted to the House of
                Representatives and the Senate on the same day, and shall be
                delivered to the Clerk of the House of Representatives if
                the House is not in session, and to the Secretary of the
                Senate if the Senate is not in session. Each special message
                so transmitted shall be referred to the appropriate
                committee of the House of Representatives and the Senate.
                Each such message shall be printed as a document of each
                House.

                         Delivery to Comptroller General

                    (b) A copy of each special message transmitted under
                section 683 or 684 of this title shall be transmitted to the
                Comptroller General on the same day it is transmitted to the
                House of Representatives and the Senate. In order to assist
                the Congress in the exercise of its functions under sections
                683 and 684 of this title, the Comptroller General shall
                review each such message and inform the House of
                Representatives and the Senate as promptly as practicable
                with respect to--
                                (1) in the case of a special message
                            transmitted under section 683 of this title, the
                            facts surrounding the proposed rescission or the
                            reservation of budget authority (including the
                            probable effects thereof); and
                                (2) in the case of a special message
                            transmitted under section 684 of this title, (A)
                            the facts surrounding each proposed deferral of
                            budget authority (including the probable effects
                            thereof) and (B) whether or not (or to what
                            extent), in his judgment, such proposed deferral
                            is in accordance with existing statutory
                            authority.

                      Transmission of supplementary messages

                    (c) If any information contained in a special message
                transmitted under section 683 or 684 of this title is
                subsequently revised, the President shall transmit to both
                Houses of Congress and the Comptroller General a
                supplementary message stating and explaining such revision.
                Any such supplementary message shall be delivered, referred,
                and printed as provided in subsection (a) of this section.
                The Comptroller General shall promptly notify the House of
                Representatives and the Senate of any changes in the
                information submitted by him under subsection (b) of this
                section which may be necessitated by such revision.

    [[Page 460]]

                          Printing in Federal Register

                    (d) Any special message transmitted under section 683 or
                684 of this title, and any supplementary message transmitted
                under subsection (c) of this section, shall be printed in
                the first issue of the Federal Register published after such
                transmittal.

                Cumulative reports of proposed rescissions, reservations,
                         and deferrals of budget authority

                    (e)(1) The President shall submit a report to the House
                of Representatives and the Senate, not later than the 10th
                day of each month during a fiscal year, listing all budget
                authority for the fiscal year with respect to which, as of
                the first day of such month--
                                (A) he has transmitted a special message
                            under section 683 of this title with respect to
                            a proposed rescission or a reservation; and
                                (B) he has transmitted a special message
                            under section 684 of this title proposing a
                            deferral.
                    Such report shall also contain, with respect to each
                such proposed rescission or deferral, or each such
                reservation, the information required to be submitted in the
                special message with respect thereto under section 683 or
                684 of this title.
                    (2) Each report submitted under paragraph (1) shall be
                printed in the first issue of the Federal Register published
                after its submission. (Pub. L. 93-344, Title X, Sec. 1014,
                July 12, 1974, 88 Stat. 335.)

     399.39-27  Sec. 686. Reports by Comptroller General.

                      Failure to transmit special message

                    (a) If the Comptroller General finds that the President,
                the Director of the Office of Management and Budget, the
                head of any department or agency of the United States, or
                any other officer or employee of the United States--
                                (1) is to establish a reserve or proposes to
                            defer budget authority with respect to which the
                            President is required to transmit a special
                            message under section 683 or 684 of this title;
                            or
                                (2) has ordered, permitted, or approved the
                            establishment of such a reserve or a deferral of
                            budget authority;

                and that the President has failed to transmit a special
                message with respect to such reserve or deferral, the
                Comptroller General shall make a report on such reserve or
                deferral and any available information concerning it to both
                Houses of Congress. The provisions of section 682 to 688 of
                this title shall apply with respect to such reserve or
                deferral in the same manner and with the same effect as if
                such report of the Comptroller General were a special
                message transmitted by the President under section 683 or
                684 of this title, and, for purposes of sections 682 to 688
                of this title, such report shall be considered a special
                message transmitted under section 683 or 684 of this title.

                        Incorrect classification of special message

                    (b) If the President has transmitted a special message
                to both Houses of Congress in accordance with section 683 or
                684 of this title, and the Comptroller General believes that
                the President so transmitted the special message in
                accordance with one of those sections when the spe-

    [[Page 461]]

                cial message should have been transmitted in accordance with
                the other of those sections, the Comptroller General shall
                make a report to both Houses of the Congress setting forth
                his reasons. (Pub. L. 93-344, Title X, Sec. 1015, July 12,
                1974, 88 Stat. 336.)
     399.39-28  Sec. 687. Suits by Comptroller General.
                    If, under this chapter, budget authority is required to
                be made available for obligation and such budget authority
                is not made available for obligation, the Comptroller
                General is hereby expressly empowered, through attorneys of
                his own selection, to bring a civil action in the United
                States District Court for the District of Columbia to
                require such budget authority to be made available for
                obligation, and such court is hereby expressly empowered to
                enter in such civil action, against any department, agency,
                officer, or employee of the United States, any decree,
                judgment, or order which may be necessary or appropriate to
                make such budget authority available for obligation. No
                civil action shall be brought by the Comptroller General
                under this section until the expiration of 25 calendar days
                of continuous session of the Congress following the date on
                which an explanatory statement by the Comptroller General of
                the circumstances giving rise to the action contemplated has
                been filed with the Speaker of the House of Representatives
                and the President of the Senate. (Pub. L. 93-344, Title X,
                Sec. 1016, July 12, 1974, 88 Stat. 336; Pub. L. 98-620,
                Title IV, Sec. 402(35), Nov. 8, 1984, 98 Stat. 3360; Pub. L.
                100-119, Title II, Sec. 207, Sept. 29, 1987, 101 Stat. 786.)

     399.39-29  Sec. 688. Procedure in House of Representatives and Senate.

                                     Referral

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

                             Discharge of committee

                    (b)(1) If the committee to which a rescission bill or
                impoundment resolution has been referred has not reported it
                at the end of 25 calendar days of continuous session of the
                Congress after its introduction, it is in order to move
                either to discharge the committee from further consideration
                of the bill or resolution or to discharge the committee from
                further consideration of any other rescission bill with
                respect to the same special message or impoundment
                resolution with respect to the same proposed deferral, as
                the case may be, which has been referred to the committee.
                    (2) A motion to discharge may be made only by an
                individual favoring the bill or resolution, may be made only
                if supported by one-fifth of the Members of the House
                involved (a quorum being present), and is highly privileged
                in the House and privileged in the Senate (except that it
                may not be made after the committee has reported a bill or
                resolution with respect to the same special message or the
                same proposed deferral, as the case may be); and debate
                thereon shall be limited to not more than 1 hour, the time
                to be divided in the House equally between those favoring
                and those opposing the bill or resolution, and to be divided
                in the Senate equally between, and controlled by, the

    [[Page 462]]

                majority leader and the minority leader or their designees.
                An amendment to the motion is not in order, and it is not in
                order to move to reconsider the vote by which the motion is
                agreed to or disagreed to.

                         Floor consideration in House

                    (c)(1) When the committee of the House of
                Representatives has reported, or has been discharged from
                further consideration of, a rescission bill or impoundment
                resolution, it shall at any time thereafter be in order
                (even though a previous motion to the same effect has been
                disagreed to) to move to proceed to the consideration of the
                bill or resolution. The motion shall be highly privileged
                and not debatable. An amendment to the motion shall not be
                in order, nor shall it be in order to move to reconsider the
                vote by which the motion is agreed to or disagreed to.
                    (2) Debate on a rescission bill or impoundment
                resolution shall be limited to not more than 2 hours, which
                shall be divided equally between those favoring and those
                opposing the bill or resolution. A motion further to limit
                debate shall not be debatable. In the case of an impoundment
                resolution, no amendment to, or motion to recommit, the
                resolution shall be in order. It shall not be in order to
                move to reconsider the vote by which a rescission bill or
                impoundment resolution is agreed to or disagreed to.
                    (3) Motions to postpone, made with respect to the
                consideration of a rescission bill or impoundment
                resolution, and motions to proceed to the consideration of
                other business shall be decided without debate.
                    (4) All appeals from the decisions of the Chair relating
                to the application of the Rules of the House of
                Representatives to the procedure relating to any rescission
                bill or impoundment resolution shall be decided without
                debate.
                    (5) Except to the extent specially provided in the
                preceding provisions of this subsection, consideration of
                any rescission bill or impoundment resolution and amendments
                thereto (or any conference report thereon) shall be governed
                by the Rules of the House of Representatives applicable to
                other bills and resolutions, amendments, and conference
                reports in similar circumstances.

                          Floor consideration in Senate

                    (d)(1) Debate in the Senate on any rescission bill or
                impoundment resolution, and all amendments thereto (in the
                case of a recission bill) and debatable motions and appeals
                in connection therewith, shall be limited to not more than
                10 hours. The time shall be equally divided between, and
                controlled by, the majority leader and the minority leader
                or their designees.
                    (2) Debate in the Senate on any amendment to a
                rescission bill shall be limited to 2 hours, to be equally
                divided between, and controlled by, the mover and the
                manager of the bill. Debate on any amendment to an
                amendment, to such a bill, and debate on any debatable
                motion or appeal in connection with such a bill or an
                impoundment resolution shall be limited to 1 hour, to be
                equally divided between, and controlled by, the mover and
                the manager of the bill or resolution, except that in the
                event the manager of the bill or resolution is in favor of
                any such amendment, motion, or appeal, the time in
                opposition thereto,

    [[Page 463]]

                shall be controlled by the minority leader or his designee.
                No amendment that is not germane to the provisions of a
                rescission bill shall be received. Such leaders or either of
                them, may, from the time under their control on the passage
                of a rescission bill or impoundment resolution, allot
                additional time to any Senator during the consideration of
                any amendment, debatable motion, or appeal.
                    (3) A motion to further limit debate is not debatable.
                In the case of a rescission bill, a motion to recommit
                (except a motion to recommit with instructions to report
                back within a specified number of days, not to exceed 3, not
                counting any day on which the Senate is not in session) is
                not in order. Debate on any such motion to recommit shall be
                limited to one hour, to be equally divided between, and
                controlled by, the mover and the manager of the concurrent
                resolution. In the case of an impoundment resolution, no
                amendment or motion to recommit is in order.
                    (4) The conference report on any rescission bill shall
                be in order in the Senate at any time after the third day
                (excluding Saturdays, Sundays, and legal holidays) following
                the day on which such a conference report is reported and is
                available to Members of the Senate. A motion to proceed to
                the consideration of the conference report may be made even
                though a previous motion to the same effect has been
                disagreed to.
                    (5) During the consideration in the Senate of the
                conference report on any rescission bill, debate shall be
                limited to 2 hours, to be equally divided between, and
                controlled by, the majority leader and minority leader or
                their designees. Debate on any debatable motion or appeal
                related to the conference report shall be limited to 30
                minutes, to be equally divided between, and controlled by,
                the mover and the manager of the conference report.
                    (6) Should the conference report be defeated, debate on
                any request for a new conference and the appointment of
                conferees shall be limited to one hour, to be equally
                divided between, and controlled by, the manager of the
                conference report and the minority leader or his designee,
                and should any motion be made to instruct the conferees
                before the conferees are named, debate on such motion shall
                be limited to 30 minutes, to be equally divided between, and
                controlled by, the mover and the manager of the conference
                report. Debate on any amendment to any such instructions
                shall be limited to 20 minutes, to be equally divided
                between, and controlled by, the mover and the manager of the
                conference report. In all cases when the manager of the
                conference report is in favor of any motion, appeal, or
                amendment, the time in opposition shall be under the control
                of the minority leader or his designee.
                    (7) In any case in which there are amendments in
                disagreement, time on such amendment shall be limited to 30
                minutes, to be equally divided between, and controlled by,
                the manager of the conference report and the minority leader
                or his designee. No amendment that is not germane to the
                provisions of such amendments shall be received. (Pub.L. 93-
                344, Title X, Sec. 1017, July 12, 1974, 88 Stat. 337.)

    [[Page 464]]

     399.39-30  Exercise of rulemaking powers; waivers and suspensions in
                    the Senate.
                    Section 904 of Pub. L. 93-344, as amended Pub. L. 99-
                177, Title II, Sec. 271(a), Dec. 12, 1985, 99 Stat. 1094;
                Pub. L. 101-508, Title XIII, Secs. 13112(a)(11),
                13208(a), Nov. 5, 1990, 104 Stat. 1388-608, 1388-619,
                provided that:
                    (a) The provisions of this title (except section 905)
                and of titles I, III, IV, V, and VI (except section 601(a))
                and the provisions of sections 701, 703, and 1017 [enacting
                this chapter (except section 665(a) of this title) and
                section 688 of this title, amending the Rules of the House
                of Representatives and the Standing Rules of the Senate and
                sections 190b and 190d of this title, and enacting
                provisions set out as a note under section 632 of this
                title] are enacted by the Congress--

                                        * * * * * * *

                    (c) Waiver.--Sections 305(b)(2), 305(c)(4), 306, 904(c),
                and 904(d) [sections 636(b)(2), 636(c)(4), 637, and subsecs.
                (c) and (d) of this note] may be waived or suspended in the
                Senate only by the affirmative vote of three-fifths of the
                Members, duly chosen and sworn. Sections 301(i), 302(c),
                302(f), 310(d)(2), 310(f), 311(a), 313, 601(b), and 606(c)
                of this Act [sections 631(a), 633(c), 633(b), 641(d)(2),
                641(f), 642(a), 644, 665(b), and 665e(c) of this title] and
                sections 258(a)(4)(C), 258A(b)(3)(C)(i), 258B(f)(1),
                258B(h)(1), 258B(h)(3), 258C(a)(5), and 258C(b)(1) of the
                Balanced Budget and Emergency Deficit Control Act of 1985
                [sections 907a(a)(4)(C), 907b(b)(3)(C)(i), 907c(b)(1),
                907c(h)(1), 907c(h)(3), 907d(a)(5), and 907d(b)(1) of this
                title] may be waived or suspended in the Senate only by the
                affirmative vote of three-fifths of the Members, duly chosen
                and sworn.
                    (d) Appeals in the Senate from the decisions of the
                Chair relating to any provision of title III or IV [enacting
                subchapters I and II of this chapter] or section 1017
                [enacting section 688 of this title] shall, except as
                otherwise provided therein, be limited to 1 hour, to be
                equally divided between, and controlled by, the mover and
                the manager of the resolution, concurrent resolution,
                reconciliation bill, or rescission bill, as the case may be.
                An affirmative vote of three-fifths of the Members of the
                Senate, duly chosen and sworn, shall be required in the
                Senate to sustain an appeal of the ruling of the Chair on a
                point of order raised under sections 305(b)(2), 305(c)(4),
                306, 904(c), and 904(d) [sections 636(b)(2), 636(c)(4), 637,
                and subsecs. (c) and (d) of this note]. An affirmative vote
                of three-fifths of the Members of the Senate, duly chosen
                and sworn, shall be required in the Senate to sustain an
                appeal of the ruling of the Chair on a point of order raised
                under sections 305(b)(2), 305(c)(4), 306, 904(c), and 904(d)
                [sections 636(b)(2), 636(c)(4), 637, and subsecs. (c) and
                (d) of this note]. An affirmative vote of three-fifths of
                the Members of the Senate, duly chosen and sworn, shall be
                required in the Senate to sustain an appeal of the ruling of
                the Chair on a point of order raised under sections 301(i),
                302(c), 302(f), 310(d)(2), 310(f), 311(a), 313, 601(b), and
                606(c) of this Act [sections 632(i), 633(c), 633(f),
                641(a)(2), 641(f), 642(a), 644, 665(b), and 665e(c) of this
                title] and sections 258(a)(4)(C), 258A(b)(3)(C)(i),
                258B(f)(1), 258B(h)(1), 258B(h)(3), 258C(a)(5), and
                258C(b)(1) of the Balanced Budget and Emergency Deficit
                Control Act of 1985 [sections 907a(a)(4)(C),
                907b(b)(3)(C)(i), 907c(f)(1), 907c(h)(1), 907c(h)(3),
                907d(a)(5), and 907d(b)(1) of this title].

    [[Page 465]]

     399.39-31  Extraneous provisions in reconciliation bills and
                    resolutions.
                    This provision transferred to 2 U.S.C. Sec. 644, Senate
                Manual Sec. 399.39-15b.

     399.39-32  Referral of matters dealing with rescissions and deferrals.
                    On January 30, 1975, the Senate agreed to the following
                resolution, which provides for the referral of matters
                dealing with rescissions and deferrals:
                    Resolved (1) That messages received pursuant to title X
                of the Congressional Budget and Impoundment Control Act 12
                U.S.C. 681-2 U.S.C. 688] be referred concurrently to the
                Appropriations Committee, to the Budget Committee, and to
                any other appropriate authorizing committee.
                    (2) That bills, resolutions, and joint resolutions
                introduced with respect to rescissions and deferrals shall
                be referred to the Appropriations Committee, the Budget
                Committee, and pending implementation of section 410 of the
                Congressional Budget Impoundment Control Act [should be
                section 401, 2 U.S.C. 651] and subject to section 401(d) [2
                U.S.C. 651(d)], to any other committee exercising
                jurisdiction over contract and borrowing authority programs
                as defined by section 401(c)(2) (A) and (B) [2 U.S.C.
                651(c)(2) (A) and (B)]. The Budget Committee and such other
                Committees shall report their views, if any, to the
                Appropriations Committee within 20 days following referral
                of such bills, resolutions, or joint resolutions. The Budget
                Committee's consideration shall extend only to macroeconomic
                implications, impact on priorities and aggregate spending
                levels, and the legality of the President's use of the
                deferral and rescission mechanism under title X. The
                Appropriations and authorizing committees shall exercise
                their normal responsibilities over programs and priorities.
                    (3) If any Committee to which a bill or resolution has
                been referred recommends its passage, the Appropriations
                Committee shall report that bill or resolution together with
                its views and reports of the Budget and any appropriate
                authorizing committees to the Senate within:
                                (A) the time remaining under the Act in the
                            case of rescissions, or
                                (B) within 20 days in the case of deferrals.
                    (4) The 20 day period referred to herein means 20
                calendar days; and for the purposes of computing the 20
                days, recesses or adjournments of the Senate for more than 3
                days to a day certain shall not be counted; and for recesses
                and adjournments of more than 30 calendar days, continous
                duration or the sine die adjournment of a session, the 20
                day period shall begin anew on the day following the
                reconvening of the Senate. (S. Res. 45, 94-1, Jan. 30, 1975,
                121 Cong. Rec. 1917, amended by unanimous consent, Apr. 11,
                1986, Cong. Rec., p. 4157, daily ed).
     399.39-33  Joint referral of legislation affecting the budget process.
                    On August 4, 1977, the Senate agreed to an order
                providing that legislation affecting the congressional
                budget process be referred jointly to the Committee on the
                Budget and the Committee on Governmental Affairs and that,
                if one committee reports a jointly referred measure, the
                other must act on the measure within 30 calendar days of
                continuous possession or be automatically discharged from
                further consideration of the measure:

    [[Page 466]]

                    Legislative proposals affecting the congressional budget
                process to which this order applies are:
                    First. The functions, duties, and powers of the Budget
                Committee--as described in title I of the . . .
                [Congressional Budget and Impoundment Control Act of 1974];
                    Second. The functions, duties, and powers of the
                Congressional Budget Office--as described in title II and IV
                of the act [2 U.S.C. 601-603; 2 U.S.C. 651-653];
                    Third. The process by which Congress annually
                establishes the appropriate levels of budget authority,
                outlays, revenues, deficits or surpluses, and public debt-
                including subdivisions thereof. That process includes the
                establishment of: mandatory ceilings on spending and
                appropriations; a floor on revenues; timetables for
                congressional action on concurrent resolutions, on the
                reporting of authorization bills, and on the enactment of
                appropriation bills; and enforcement mechanisms for the
                limits and timetables, all as described in title III and IV
                of the act [2 U.S.C. 631-641; 2 U.S.C. 651-653].
                    Fourth. The limiting of backdoor spending devices--as
                described in title IV of the act [2 U.S.C. 651-653];
                    Fifth. The timetables for Presidential submission of
                appropriations and authorization requests--as described in
                title VI of the act [repealed, with portions being codified
                in sections 1105, 1109, and 1110 of title 31, United States
                Code];
                    Sixth. The definitions of what constitutes impoundment--
                such as ``rescissions'' and ``deferrals,'' as provided in
                the Impoundment Control Act, title X [2 U.S.C. 681-688];
                    Seventh. The process and determination by which
                impoundments must be reported to and considered by
                Congress--as provided in the Impoundment Control Act, title
                X [2 U.S.C. 681-688];
                    Eighth. The mechanisms to insure Executive compliance
                with the provisions of the Impoundment Control Act, title X
                [2 U.S.C. 681-688]-- such as GAO review and lawsuits; and
                    Ninth. The provisions which affect the content or
                determination of amounts included in or excluded from the
                congressional budget or the calculation of such amounts,
                including the definition of terms provided by the Budget
                Act--as set forth in title I thereof [2 U.S.C. 622]. (By
                unanimous consent, Aug. 4, 1977, Cong. Rec., p. S13553,
                daily ed.)

                                Chapter 17C.--LINE ITEM VETO

                [See addendum at p. 1163.]

    [[Page 467]]

                  Chapter 18.--LEGISLATIVE PERSONNEL FINANCIAL DISCLOSURE
                                        REQUIREMENTS

                [Secs. 701 to 709 transferred to 5 U.S.C. App 6].

                 Chapter 20.--EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS

                 Subchapter I--Elimination of Deficits in Excess of Maximum
                                       Deficit Amount

        399.40  Sec. 900. Statement of budget enforcement through
                    sequestration; definitions
                (a) [Omitted]
                (b) General statement of budget enforcement through
                    sequestration
                    This subchapter provides for the enforcement of the
                deficit reduction assumed in House Concurrent Resolution 310
                (101st Congress, second session) and the applicable deficit
                targets for fiscal years 1991 through 1995. Enforcement, as
                necessary, is to be implemented through sequestration--
                                (1) to enforce discretionary spending levels
                            assumed in that resolution (with adjustments as
                            provided hereinafter);
                                (2) to enforce the requirement that any
                            legislation increasing direct spending or
                            decreasing revenues be on a pay-as-you-go basis;
                            and
                                (3) to enforce the deficit targets
                            specifically set forth in the Congressional
                            Budget and Impoundment Control Act of 1974 (with
                            adjustments as provided hereinafter); applied in
                            the order set forth above.
                (c) Definitions
                    As used in this subchapter:
                                (1) The terms ``budget authority'', ``new
                            budget authority'', ``outlays'', and ``deficit''
                            have the meanings given to such terms in section
                            3 of the Congressional Budget and Impoundment
                            Control Act of 1974 [2 U.S.C.A. Sec. 622] (but
                            including the treatment specified in section
                            907(b)(3) of this title of the Hospital
                            Insurance Trust Fund) and the terms ``maximum
                            deficit amount'' and ``discretionary spending
                            limit'' shall mean the amounts specified in
                            section 601 of that Act [2 U.S.C.A. Sec. 665] as
                            adjusted under sections 901 and 903 of this
                            title.
                                (2) The terms ``sequester'' and
                            ``sequestration'' refer to or mean the
                            cancellation of budgetary resources provided by
                            discretionary appropriations or direct spending
                            law.
                                (3) The term ``breach'' means, for any
                            fiscal year, the amount (if any) by which new
                            budget authority or outlays for that year
                            (within a category of discretionary
                            appropriations) is above that category's
                            discretionary spending limit for new budget
                            authority or outlays for that year, as the case
                            may be.
                                (4) The term ``category'' means:

                                    (A) For fiscal years 1991, 1992, and
                                1993, any of the following subsets of
                                discretionary appropriations: defense,
                                international, or domestic.

    [[Page 468]]

                          Discretionary appropriations in each of the three
                        categories shall be those so designated in the joint
                        statement of managers accompanying the conference
                        report on the Omnibus Budget Reconciliation Act of
                        1990. New accounts or activities shall be
                        categorized in consultation with the Committees on
                        Appropriations and the Budget of the House of
                        Representatives and the Senate.

                                    (B) For fiscal years 1994 and 1995, all
                                discretionary appropriations.

                          Contributions to the United States to offset the
                        cost of Operation Desert Shield shall not be counted
                        within any category.
                                (5) The term ``baseline'' means the
                            projection (described in section 907 of this
                            title) of current-year levels of new budget
                            authority, outlays, receipts, and the surplus or
                            deficit into the budget year and the outyears.
                                (6) The term ``budgetary resources'' means--

                                    (A) with respect to budget year 1991,
                                new budget authority; unobligated balances;
                                new loan guarantee commitments or
                                limitations; new direct loan obligations,
                                commitments, or limitations; direct spending
                                authority; and obligation limitations; or

                                    (B) with respect to budget year 1992,
                                1993, 1994, or 1995, new budget authority;
                                unobligated balances; direct spending
                                authority; and obligation limitations.

                                (7) The term ``discretionary
                            appropriations'' means budgetary resources
                            (except to fund direct-spending programs)
                            provided in appropriation Acts.
                                (8) The term ``direct spending'' means--

                                    (A) budget authority provided by law
                                other than appropriation Acts;

                                    (B) entitlement authority; and

                                    (C) the food stamp program.

                                (9) The term ``current'' means, with respect
                            to OMB estimates included with a budget
                            submission under section 1105(a) of Title 31,
                            the estimates consistent with the economic and
                            technical assumptions underlying that budget and
                            with respect to estimates made after submission
                            of the fiscal year 1992 budget that are not
                            included with a budget submission, estimates
                            consistent with the economic and technical
                            assumptions underlying the most recently
                            submitted President's budget.
                                (10) The term ``real economic growth'', with
                            respect to any fiscal year, means the growth in
                            the gross national product during such fiscal
                            year, adjusted for inflation, consistent with
                            Department of Commerce definitions.
                                (11) The term ``account'' means an item for
                            which appropriations are made in any
                            appropriation Act and, for items not provided
                            for in appropriation Acts, such term means an
                            item for which there is a designated budget
                            account identification code number in the
                            President's budget.
                                (12) The term ``budget year'' means, with
                            respect to a session of Congress, the fiscal
                            year of the Government that starts on October 1
                            of the calendar year in which that session
                            begins.
                                (13) The term ``current year'' means, with
                            respect to a budget year, the fiscal year that
                            immediately precedes that budget year.

    [[Page 469]]

                                (14) The term ``outyear'' means, with
                            respect to a budget year, any of the fiscal
                            years that follow the budget year through fiscal
                            year 1995.
                                (15) The term ``OMB'' means the Director of
                            the Office of Management and Budget.
                                (16) The term ``CBO'' means the Director of
                            the Congressional Budget Office.
                                (17) For purposes of sections 902 and 903 of
                            this title, legislation enacted during the
                            second session of the One Hundred First Congress
                            shall be deemed to have been enacted before the
                            enactment of this Act.
                                (18) As used in this subchapter, all
                            references to entitlement authority shall
                            include the list of mandatory appropriations
                            included in the joint explanatory statement of
                            managers accompanying the conference report on
                            the Omnibus Budget Reconciliation Act of 1990.
                                (19) The term ``deposit insurance'' refers
                            to the expenses of the Federal Deposit Insurance
                            Corporation and the funds it incorporates, the
                            Resolution Trust Corporation, the National
                            Credit Union Administration and the funds it
                            incorporates, the Office of Thrift Supervision,
                            the Comptroller of the Currency Assessment Fund,
                            and the RTC Office of Inspector General.
                                (20) The term ``composite outlay rate''
                            means the percent of new budget authority that
                            is converted to outlays in the fiscal year for
                            which the budget authority is provided and
                            subsequent fiscal years, as follows:

                                    (A) For the international category, 46
                                percent for the first year, 20 percent for
                                the second year, 16 percent for the third
                                year, and 8 percent for the fourth year.

                                    (B) For the domestic category, 53
                                percent for the first year, 31 percent for
                                the second year, 12 percent for the third
                                year, and 2 percent for the fourth year.

                                (21) The sale of an asset means the sale to
                            the public of any asset, whether physical or
                            financial, owned in whole or in part by the
                            United States. The term ``prepayment of a loan''
                            means payments to the United States made in
                            advance of the schedules set by law or contract
                            when the financial asset is first acquired, such
                            as the prepayment to the Federal Financing Bank
                            of loans guaranteed by the Rural Electrification
                            Administration. If a law or contract allows a
                            flexible payment schedule, the term ``in
                            advance'' shall mean in advance of the slowest
                            payment schedule allowed under such law or
                            contract.

                (Pub. L. 99-177, Title II, Sec. 250, as added Pub. L. 101-
                508, Title XIII, Sec. 13101(a), (b), Nov. 5, 1990, 104 Stat.
                1388-574, 1388-589.)

        399.41  Sec. 901. Enforcing discretionary spending limits

                (a) Fiscal years 1991-1998 enforcement

                         (1) Sequestration

                                Within 15 calendar days after Congress
                            adjourns to end a session and on the same day as
                            a sequestration (if any) under section 902 of
                            this title and section 903 of this title, there
                            shall be a sequestration to eliminate a budget-
                            year breach, if any, within any category.

    [[Page 470]]

                        (2) Eliminating a breach

                                Each non-exempt account within a category
                            shall be reduced by a dollar amount calculated
                            by multiplying the baseline level of
                            sequestrable budgetary resources in that account
                            at that time by the uniform percentage necessary
                            to eliminate a breach within that category;
                            except that the health programs set forth in
                            section 906(e) of this title shall not be
                            reduced by more than 2 percent and the uniform
                            percent applicable to all other programs under
                            this paragraph shall be increased (if necessary)
                            to a level sufficient to eliminate that breach.
                            If, within a category, the discretionary
                            spending limits for both new budget authority
                            and outlays are breached, the uniform percentage
                            shall be calculated by--

                                    (A) first, calculating the uniform
                                percentage necessary to eliminate the breach
                                in new budget authority, and

                                    (B) second, if any breach in outlays
                                remains, increasing the uniform percentage
                                to a level sufficient to eliminate that
                                breach.

                        (3) Military personnel

                                If the President uses the authority to
                            exempt any military personnel from sequestration
                            under section 905(h) of this title, each account
                            within subfunctional category 051 (other than
                            those military personnel accounts for which the
                            authority provided under section 905(h) of this
                            title has been exercised) shall be further
                            reduced by a dollar amount calculated by
                            multiplying the enacted level of non-exempt
                            budgetary resources in that account at that time
                            by the uniform percentage necessary to offset
                            the total dollar amount by which outlays are not
                            reduced in military personnel accounts by reason
                            of the use of such authority.

                        (4) Part-year appropriations

                                If, on the date specified in paragraph (1),
                            there is in effect an Act making or continuing
                            appropriations for part of a fiscal year for any
                            budget account, then the dollar sequestration
                            calculated for that account under paragraphs (2)
                            and (3) shall be subtracted from--

                                    (A) the annualized amount otherwise
                                available by law in that account under that
                                or a subsequent part-year appropriation; and

                                    (B) when a full-year appropriation for
                                that account is enacted, from the amount
                                otherwise provided by the full-year
                                appropriation.

                        (5) Look-back

                                If, after June 30, an appropriation for the
                            fiscal year in progress is enacted that causes a
                            breach within a category for that year (after
                            taking into account any sequestration of amounts
                            within that category), the discretionary
                            spending limits for that category for the next
                            fiscal year shall be reduced by the amount or

                        (6) Within-session sequestration

                                If an appropriation for a fiscal year in
                            progress is enacted (after Congress adjourns to
                            end the session for that budget year and before
                            July 1 of that fiscal year) that causes a breach
                            within a category

    [[Page 471]]

                            for that year (after taking into account any
                            prior sequestration of amounts within that
                            category), 15 days later there shall be a
                            sequestration to eliminate that breach within
                            that category following the procedures set forth
                            in paragraphs (2) through (4).

                        (7) OMB estimates

                                As soon as practicable after Congress
                            completes action on any discretionary
                            appropriation, CBO, after consultation with the
                            Committees on the Budget of the House of
                            Representatives and the Senate, shall provide
                            OMB with an estimate of the amount of
                            discretionary new budget authority and outlays
                            for the current year (if any) and the budget
                            year provided by that legislation. Within 5
                            calendar days after the enactment of any
                            discretionary appropriation, OMB shall transmit
                            a report to the House of Representatives and to
                            the Senate containing the CBO estimate of the
                            legislation, an OMB estimate of the amount of
                            discretionary new budget authority and outlays
                            for the current year (if any) and the budget
                            year provided by that legislation, and an
                            explanation of any difference between the two
                            estimates. For purposes of this paragraph,
                            amounts provided by annual appropriations shall
                            include any new budget authority and outlays for
                            those years in accounts for which funding is
                            provided in that legislation that result from
                            previously enacted legislation. Those OMB
                            estimates shall be made using current economic
                            and technical assumptions. OMB shall use the OMB
                            estimates transmitted to the Congress under this
                            paragraph for the purposes of this subsection.
                            OMB and CBO shall prepare estimates under this
                            paragraph in conformance with scorekeeping
                            guidelines determined after consultation among
                            the House and Senate Committees on the Budget,
                            CBO, and OMB.

                (b) Adjustments to discretionary spending limits

                    (1) When the President submits the budget under section
                1105(a) of Title 31 for budget year 1992, 1993, 1994, 1995,
                1996, 1997, or 1998 (except as otherwise indicated), OMB
                shall calculate (in the order set forth below), and the
                budget shall include, adjustments to discretionary spending
                limits (and those limits as cumulatively adjusted) for the
                budget year and each outyear through 1998 to reflect the
                following:

                        (A) Changes in concepts and definitions

                                The adjustments produced by the amendments
                            made by Title XIII of the Omnibus Budget
                            Reconciliation Act of 1990 or by any other
                            changes in concepts and definitions shall equal
                            the baseline levels of new budget authority and
                            outlays using up-to-date concepts and
                            definitions minus those levels using the
                            concepts and definitions in effect before such
                            changes. Such other changes in concepts and
                            definitions may only be made in consultation
                            with the Committees on Appropriations, the
                            Budget, Government Operations, and Governmental
                            Affairs of the House of Representatives and
                            Senate.

                        (B) Changes in inflation

                                (i) For a budget submitted for budget year
                            1992, 1993, 1994, or 1995, the adjustments
                            produced by changes in inflation shall equal the
                            levels of discretionary new budget authority and
                            outlays in the baseline (calculated using
                            current estimates) subtracted from those levels
                            in that baseline recalculated with the baseline
                            inflators

    [[Page 472]]

                            for the budget year only, multiplied by the
                            inflation adjustment factor computed under
                            clause (ii).
                                (ii) For a budget year the inflation
                            adjustment factor shall equal the ratio between
                            the level of year-over-year inflation measured
                            for the fiscal year most recently completed and
                            the applicable estimated level for that year set
                            forth below:

                                    For 1990, 1.041

                                    For 1991, 1.052

                                    For 1992, 1.041

                                    For 1993, 1.033

                        Inflation shall be measured by the average of the
                        estimated gross national product implicit price
                        deflator index for a fiscal year divided by the
                        average index for the prior fiscal year.
                                (iii) For a budget submitted for budget year
                            1996, 1997, or 1998, the adjustments shall be
                            those necessary to reflect changes in inflation
                            estimates since those of March 31, 1993, set
                            forth on page 46 of House Conference Report 103-
                            48.

                        (C) Credit reestimates

                                For a budget submitted for fiscal year 1993
                            or 1994, the adjustments produced by reestimates
                            to costs of Federal credit programs shall be,
                            for any such program, a current estimate of new
                            budget authority and outlays associated with a
                            baseline projection of the prior year's gross
                            loan level for that program minus the baseline
                            projection of the prior year's new budget
                            authority and associated outlays for that
                            program.
                    (2) When OMB submits a sequestration report under
                section 904 (g) or (h) of this title for fiscal year 1991,
                1992, 1993, 1994, 1995, 1996, 1997, or 1998 (except as
                otherwise indicated), OMB shall calculate (in the order set
                forth below), and the sequestration report, and subsequent
                budgets submitted by the President under section 1105(a) of
                Title 31, shall include, adjustments to discretionary
                spending limits (and those limits as adjusted) for the
                fiscal year and each succeeding year through 1998, as
                follows:

                        (A) IRS funding

                                To the extent that appropriations are
                            enacted that provide additional new budget
                            authority or result in additional outlays (as
                            compared with the CBO baseline constructed in
                            June 1990) for the Internal Revenue Service
                            compliance initiative in any fiscal year, the
                            adjustments for that year shall be those
                            amounts, but shall not exceed the amounts set
                            forth below--

                                    (i) for fiscal year 1991, $191,000,000
                                in new budget authority and $183,000,000 in
                                outlays;

                                    (ii) for fiscal year 1992, $172,000,000
                                in new budget authority and $169,000,000 in
                                outlays;

                                    (iii) for fiscal year 1993, $183,000,000
                                in new budget authority and $179,000,000 in
                                outlays;

                                    (iv) for fiscal year 1994, $187,000,000
                                in new budget authority and $183,000,000 in
                                outlays; and

                                    (v) for fiscal year 1995, $188,000,000
                                in new budget authority and $184,000,000 in
                                outlays; and

                        the prior-year outlays resulting from these
                        appropriations of budget authority.

    [[Page 473]]

                        (B) Debt forgiveness

                                If, in calendar year 1990 or 1991, an
                            appropriation is enacted that forgives the Arab
                            Republic of Egypt's foreign military sales
                            indebtedness to the United States and any part
                            of the Government of Poland's indebtedness to
                            the United States, the adjustment shall be the
                            estimated costs (in new budget authority and
                            outlays, in all years) of that forgiveness.

                        (C) IMF funding

                                If, in fiscal year 1991, 1992, 1993, 1994,
                            or 1995 an appropriation is enacted to provide
                            to the International Monetary Fund the dollar
                            equivalent, in terms of Special Drawing Rights,
                            of the increase in the United States quota as
                            part of the International Monetary Fund Ninth
                            General Review of Quotas, the adjustment shall
                            be the amount provided by that appropriation.

                        (D) Emergency appropriations

                                (i) If, for any fiscal year appropriations
                            for discretionary accounts are enacted that the
                            President designates as emergency requirements
                            and that the Congress so designates in statute,
                            the adjustment shall be the total of such
                            appropriations in discretionary accounts
                            designated as emergency requirements and the
                            outlays flowing in all years from such
                            appropriations.
                                (ii) The cost for operation Desert Shield
                            are to be treated as emergency funding
                            requirements not subject to the defense spending
                            limits. Funding for Desert Shield will be
                            provided through the normal legislative process.
                            Desert Shield costs should be accommodated
                            through Allied burden-sharing, subsequent
                            appropriation Acts, and if the President so
                            chooses, through offsets within other defense
                            accounts. Emergency Desert Shield costs mean
                            those incremental costs associated with the
                            increase in operations in the Middle East and do
                            not include costs that would be experienced by
                            the Department of Defense as part of its normal
                            operations absent Operation Disert Shield.

                        (E) Special allowance for discretionary new budget
                                authority

                                (i) For each of fiscal years 1992 and 1993,
                            the adjustment for the domestic category in each
                            year shall be an amount equal to 0.1 percent of
                            the sum of the adjusted discretionary spending
                            limits on new budget authority for all
                            categories for fiscal years 1991, 1992, and 1993
                            (cumulatively), together with outlays associated
                            therewith (calculated at the composite outlay
                            rate for the domestic category);
                                (ii) for each of fiscal years 1992 and 1993,
                            the adjustment for the international category in
                            each year shall be an amount equal to 0.079
                            percent of the sum of the adjusted discretionary
                            spending limits on new budget authority for all
                            categories for fiscal years 1991, 1992, and 1993
                            (cumulatively), together with outlays associated
                            therewith (calculated at the composite outlay
                            rate for the international category);
                                (iii) if, for fiscal years 1992 and 1993,
                            the amount of new budget authority provided in
                            appropriation Acts exceeds the discretionary
                            spending limit on new budget authority for any
                            category due to technical estimates made by the
                            Director of the Office of Manage-

    [[Page 474]]

                            ment and Budget, the adjustment is the amount of
                            the excess, but not to exceed an amount (for
                            1992 and 1993 together) equal to 0.042 percent
                            of the sum of the adjusted discretionary limits
                            on new budget authority for all categories for
                            fiscal years 1991, 1992, and 1993
                            (cumulatively);
                                (iv) if, for fiscal years 1994, 1995, 1996,
                            1997, and 1998, the amount of new budget
                            authority provided in appropriation Acts exceeds
                            the discretionary spending limit on new budget
                            authority due to technical estimates made by the
                            director of the Office of Management and Budget,
                            the adjustment is the amount of the excess, but
                            not to exceed an amount (for any one fiscal
                            year) equal to 0.1 percent of the adjusted
                            discretionary spending limit on new budget
                            authority for that fiscal year.

                        (F) Special outlay allowancel year.

                                If in any fiscal year outlays for a category
                            exceed the discretionary spending limit for that
                            category but new budget authority does not
                            exceed its limit for that category (after
                            application of the first step of a sequestration
                            described in subsection (a)(2) of this section,
                            if necessary), the adjustment in outlays is the
                            amount of the excess, but not to exceed
                            $2,500,000,000 in the defense category,
                            $1,500,000,000 in the international category, or
                            $2,500,000,000 in the domestic category (as
                            applicable) in fiscal year 1991, 1992, or 1993,
                            and not to exceed $6,500,000,000 in fiscal year
                            1994 or 1995 less any of the outlay adjustments
                            made under subparagraph (E) for a category for a
                            fiscal year, and not to exceed 0.5 percent of
                            the adjusted discretionary spending limit on
                            outlays for the fiscal year in fiscal year 1996,
                            1997, or 1998. (Pub. L. 99-177, Title II,
                            Sec. 251, Dec. 12, 1985, 99 Stat. 1063; amended
                            Pub. L. 100-119, Title I, Sec. 102(a), Sept. 29,
                            1987, 101 Stat. 754; Pub. L. 100-203, Title
                            VIII, Sec. 8003(f), Dec. 22, 1987, 101 Stat.
                            1330-282; Pub. L. 101-508, Title XIII,
                            Sec. 13101(a), Nov. 5, 1990, 104 Stat. 1388-577;
                            Pub. L. 103-66, Sec. 14002, Aug. 10, 1993, 107
                            Stat. 683-4.)

        399.42  Sec. 902. Enforcing pay-as-you-go

                (a) Fiscal years 1992-1998 enforcement

                    The purpose of this section is to assure that any
                legislation (enacted after November 5, 1990) affecting
                direct spending or receipts that increases the deficit in
                any fiscal year covered by this Act will trigger an
                offsetting sequestration.

                (b) Sequestration; look-back

                    Within 15 calendar days after Congress adjourns to end a
                session (other than of the One Hundred First Congress) and
                on the same day as a sequestration (if any) under section
                901 of this title and section 903 of this title, there shall
                be a sequestration to offset the amount of any net deficit
                increase in that fiscal year and the prior fiscal year
                caused by all direct spending and receipts legislation
                enacted after the date of enactment of this section (after
                adjusting for any prior sequestration as provided by
                paragraph (2)). OMB shall calculate the amount of deficit
                increase, if any, in those fiscal years by adding--
                                (1) all applicable estimates of direct
                            spending and receipts legislation transmitted
                            under subsection (d) of this section applicable
                            to

    [[Page 475]]

                            those fiscal years, other than any amounts
                            included in such estimates resulting from--

                                    (A) full funding of, and continuation
                                of, the deposit insurance guarantee
                                commitment in effect on November 5, 1990,
                                and

                                    (B) emergency provisions as designated
                                under subsection (e) of this section; and

                                (2) the estimated amount of savings in
                            direct spending programs applicable to those
                            fiscal years resulting from the prior year's
                            sequestration under this section or section 903
                            of this title, if any (except for any amounts
                            sequestered as a result of a net deficit
                            increase in the fiscal year immediately
                            preceding the prior fiscal year), as published
                            in OMB's end-of-session sequestration report for
                            that prior year.

                (c) Eliminating a deficit increase

                    (1) The amount required to be sequestered in a fiscal
                year under subsection (b) of this section shall be obtained
                from non-exempt direct spending accounts from actions taken
                in the following order:

                        (A) First

                                All reductions in automatic spending
                            increases specified in section 906(a) of this
                            title shall be made.

                        (B) Second

                                If additional reductions in direct spending
                            accounts are required to be made, the maximum
                            reductions permissible under sections 906(b) of
                            this title (guaranteed student loans) and 906(c)
                            of this title (foster care and adoption
                            assistance) shall be made.

                        (C) Third

                                (i) If additional reductions in direct
                            spending accounts are required to be made, each
                            remaining non-exempt direct spending account
                            shall be reduced by the uniform percentage
                            necessary to make the reductions in direct
                            spending required by paragraph (1); except that
                            the medicare programs specified in section
                            906(d) of this title shall not be reduced by
                            more than 4 percent and the uniform percentage
                            applicable to all other direct spending programs
                            under this paragraph shall be increased (if
                            necessary) to a level sufficient to achieve the
                            required reduction in direct spending.
                                (ii) For purposes of determining reductions
                            under clause (i), outlay reductions (as a result
                            of sequestration of Commodity Credit Corporation
                            commodity price support contracts in the fiscal
                            year of a sequestration) that would occur in the
                            following fiscal year shall be credited as
                            outlay reductions in the fiscal year of the
                            sequestration.
                    (2) For purposes of this subsection, accounts shall be
                assumed to be at the level in the baseline.

                (d) OMB estimates

                    As soon as practicable after Congress completes action
                on any direct spending or receipts legislation enacted after
                November 5, 1990, after consultation with the Committees on
                the Budget of the House of Representatives and the Senate,
                CBO shall provide OMB with an estimate of the amount of
                change in outlays or receipts, as the case may be, in each
                fiscal year through fiscal year 1998 resulting from that
                legisla-

    [[Page 476]]

                tion. Within 5 calendar days after the enactment of any
                direct spending or receipts legislation enacted after
                November 5, 1990, OMB shall transmit a report to the House
                of Representatives and to the Senate containing such CBO
                estimate of that legislation, an OMB estimate of the amount
                of change in outlays or receipts, as the case may be, in
                each fiscal year through fiscal year 1995 resulting from
                that legislation, and an explanation of any difference
                between the two estimates. Those OMB estimates shall be made
                using current economic and technical assumptions. OMB and
                CBO shall prepare estimates under this paragraph in
                conformance with scorekeeping guidelines determined after
                consultation among the House and Senate Committees on the
                Budget, CBO, and OMB.

                (e) Emergency legislation

                    If, for any fiscal year 1991 through 1998 a provision of
                direct spending or receipts legislation is enacted that the
                President designates as an emergency requirement and that
                the Congress so designates in statute, the amounts of new
                budget authority, outlays, and receipts in all fiscal years
                through 1995 resulting from that provision shall be
                designated as an emergency requirement in the reports
                required under subsection (d) of this section. (Pub. L. 99-
                177, Title II, Sec. 252, Dec. 12, 1985, 99 Stat. 1072;
                amended Pub. L. 100-119, Title I, Sec. 102(a), Sept. 29,
                1987, 101 Stat. 764; Pub. L. 100-203, Title VIII,
                Sec. 8003(e), Dec. 22, 1987, 101 Stat. 1330-282; Pub. L.
                101-508, Title XIII, Sec. 13101(a), Nov. 5, 1990, 104 Stat.
                1888-581; Pub. L. 103-66, Sec. 14003, Aug. 10, 1993, 107
                Stat. 684.)

        399.43  Sec. 903. Enforcing deficit targets

                (a) Sequestration

                    Within 15 calendar days after Congress adjourns to end a
                session (other than of the One Hundred First Congress) and
                on the same day as a sequestration (if any) under section
                901 of this title, and section 902 of this title, but after
                any sequestration required by section 901 of this title
                (enforcing discretionary spending limits) or section 902 of
                this title (enforcing pay-as-you-go), there shall be a
                sequestration to eliminate the excess deficit (if any
                remains) if it exceeds the margin.

                (b) Excess deficit; margin

                    The excess deficit is, if greater than zero, the
                estimated deficit for the budget year, minus--
                                (1) the maximum deficit amount for that
                            year;
                                (2) the amounts for that year designated as
                            emergency direct spending or receipts
                            legislation under section 902(e) of this title;
                            and
                                (3) for any fiscal year in which there is
                            not a full adjustment for technical and economic
                            reestimates, the deposit insurance reestimate
                            for that year, if any, calculated under
                            subsection (h) of this section.

                The ``margin'' for fiscal year 1992 or 1993 is zero and for
                fiscal year 1994 or 1995 is $15,000,000,000.

                (c) Dividing the sequestration

                    To eliminate the excess deficit in a budget year, half
                of the required outlay reductions shall be obtained from
                non-exempt defense accounts

    [[Page 477]]

                (accounts designated as function 050 in the President's
                fiscal year 1991 budget submission) and half from non-
                exempt, non-defense accounts (all other non-exempt
                accounts).

                (d) Defense

                    Each non-exempt defense account shall be reduced by a
                dollar amount calculated by multiplying the level of
                sequestrable budgetary resources in that account at that
                time by the uniform percentage necessary to carry out
                subsection (c) of this section, except that, if any military
                personnel are exempt, adjustments shall be made under the
                procedure set forth in section 901(a)(3) of this title.

                (e) Non-defense

                    Actions to reduce non-defense, accounts shall be taken
                in the following order:

                        (1) First

                                All reductions in automatic spending
                            increases under section 906(a) of this title
                            shall be made.

                        (2) Second

                                If additional reductions in non-defense
                            accounts are required to be made, the maximum
                            reduction permissible under sections 906(b) of
                            this title (guaranteed student loans) and 906(c)
                            of this title (foster care and adoption
                            assistance) shall be made.

                        (3) Third

                                (A) If additional reductions in non-defense
                            accounts are required to be made, each remaining
                            non-exempt, non-defense account shall be reduced
                            by the uniform percentage necessary to make the
                            reductions in non-defense outlays. required by
                            subsection (c) of this section, except that--

                                    (i) the medicare program specified in
                                section 906(d) of this title shall not be
                                reduced by more than 2 percent in total
                                including any reduction of less than 2
                                percent made under section 902 of this title
                                or, if it has been reduced by 2 percent or
                                more under section 902 of this title, it may
                                not be further reduced under this section;
                                and

                                    (ii) the health programs set forth in
                                section 906(e) of this title shall not be
                                reduced by more than 2 percent in total
                                (including any reduction made under section
                                901 of this title),

                        and the uniform percent applicable to all other
                        programs under this subsection shall be increased
                        (if necessary) to a level sufficient to achieve the
                        required reduction in non-defense outlays.
                                (B) For purposes of determining reductions
                            under subparagraph (A), outlay reduction (as a
                            result of sequestration of Commodity Credit
                            Corporation commodity price support contracts in
                            the fiscal year of a sequestration) that would
                            occur in the following fiscal year shall be
                            credited as outlay reductions in the fiscal year
                            of the sequestration.

    [[Page 478]]

                (f) Baseline assumptions; part-year appropriations

                        (1) Budget assumptions
                                For purposes of subsections (b), (c), (d),
                            and (e) of this section, accounts shall be
                            assumed to be at the level in the baseline minus
                            any reductions required to be made under
                            sections 901 of this title and 902 of this
                            title.

                        (2) Part-year appropriations

                                If, on the date specified in subsection (a)
                            of this section, there is in effect an Act
                            making or continuing appropriations for part of
                            a fiscal year for any non-exempt budget account,
                            then the dollar sequestration calculated for
                            that account under subsection (d) or (e) of this
                            section, as applicable, shall be subtracted
                            from--

                                    (A) the annualized amount otherwise
                                available by law in that account under that
                                or a subsequent part-year appropriation; and

                                    (B) when a full-year appropriation for
                                that account is enacted, from the amount
                                otherwise provided by the full-year
                                appropriation; except that the amount to be
                                sequestered from that account shall be
                                reduced (but not below zero) by the savings
                                achieved by that appropriation when the
                                enacted amount is less than the baseline for
                                that account.

                (g) Adjustments to maximum deficit amounts

                        (1) Adjustments

                                (A) When the President submits the budget
                            for fiscal year 1992, the maximum deficit
                            amounts for fiscal years 1992, 1993, 1994, and
                            1995 shall be adjusted to reflect up-to-date
                            reestimates of economic and technical
                            assumptions and any changes in concepts or
                            definitions. When the President submits the
                            budget for fiscal year 1993, the maximum deficit
                            amounts for fiscal years 1993, 1994, and 1995
                            shall be further adjusted to reflect up-to-date
                            reestimates of economic and technical
                            assumptions and any changes in concepts or
                            definitions.
                                (B) When submitting the budget for fiscal
                            year 1994, the President may choose to adjust
                            the maximum deficit amounts for fiscal years
                            1994 and 1995 to reflect up-to-date reestimates
                            of economic and technical assumptions. If the
                            President chooses to adjust the maximum deficit
                            amount when submitting the fiscal year 1994
                            budget, the President may choose to invoke the
                            same adjustment procedure when submitting the
                            budget for fiscal year 1995. In each case, the
                            President must choose between making no
                            adjustment or the full adjustment described in
                            paragraph (2). If the President chooses to make
                            that full adjustment, then those procedures for
                            adjusting discretionary spending limits
                            described in sections 901(b)(1)(C) of this title
                            and 901(b)(2)(E) of this title, otherwise
                            applicable through fiscal year 1993 or 1994 (as
                            the case may be), shall be deemed to apply for
                            fiscal year 1994 (and 1995 if applicable).
                                (C) When the budget for fiscal year 1994 or
                            1995 is submitted and the sequestration reports
                            for those years under section 904 of this title
                            are made (as applicable), if the President does
                            not choose to make the adjustments set forth in
                            subparagraph (B), the maximum deficit amount for
                            that fiscal year shall be adjusted by

    [[Page 479]]

                            the amount of the adjustment to discretionary
                            spending limits first applicable for that year
                            (if any) under section 901(b) of this title.
                                (D) For each fiscal year the adjustments
                            required to be made with the submission of the
                            President's budget for that year shall also be
                            made when OMB submits the sequestration update
                            report and the final sequestration report for
                            that year, but OMB shall continue to use the
                            economic and technical assumptions in the
                            President's budget for that year.

                Each adjustment shall be made by increasing or decreasing
                the maximum deficit amounts set forth in section 665 of this
                title.

                        (2) Calculations of adjustments

                                The required increase or decrease shall be
                            calculated as follows:

                                    (A) The baseline deficit or surplus
                                shall be calculated using up-to-date
                                economic and technical assumptions, using
                                up-to-date concepts and definitions, and, in
                                lieu of the baseline levels of discretionary
                                appropriations, using the discretionary
                                spending limits set forth in section 601 of
                                the Congressional Budget Act of 1974 as
                                adjusted under section 901 of this title.

                                    (B) The net deficit increase or decrease
                                caused by all direct spending and receipts
                                legislation enacted after November 5, 1990
                                (after adjusting for any sequestration of
                                direct spending accounts) shall be
                                calculated for each fiscal year by adding--

                                            (i) the estimates of direct
                                        spending and receipts legislation
                                        transmitted under section 902(d) of
                                        this title applicable to each such
                                        fiscal year, and

                                            (ii) the estimated amount of
                                        savings in direct spending programs
                                        applicable to each such fiscal year
                                        resulting from the prior year's
                                        sequestration under this section or
                                        section 902 of this title of direct
                                        spending, if any, as contained in
                                        OMB's final sequestration report for
                                        that year.

                                    (C) The amount calculated under
                                subparagraph (B) shall be subtracted from
                                the amount calculated under subparagraph
                                (A).

                                    (D) The maximum deficit amount set forth
                                in section 665 of this title shall be
                                subtracted from the amount calculated under
                                subparagraph (C).

                                    (E) The amount calculated under
                                subparagraph (D) shall be the amount of the
                                adjustment required by paragraph (1).

                (h) Treatment of Deposit Insurance

                        (1) Initial estimates

                                The initial estimates of the net costs of
                            federal deposit insurance for fiscal year 1994
                            and fiscal year 1995 (assuming full funding of,
                            and continuation of, the deposit insurance
                            guarantee commitment in effect on the date of
                            the submission of the budget for fiscal year
                            1993) shall be set forth in that budget.

                        (2) Reestimates

                                For fiscal year 1994 and fiscal year 1995,
                            the amount of the reestimate of deposit
                            insurance costs shall be calculated by
                            subtracting the amount set forth under paragraph
                            (1) for that year from the current estimate of
                            deposit insurance costs (but assuming full
                            funding of, and continuation of, the deposit
                            insurance guarantee commitment in effect on the
                            date of submission of the budget for

    [[Page 480]]

                            fiscal year 1993). (Pub. 99-177, Title II,
                            Sec. 253, Dec. 12, 1985, 99 Stat. 1078; amended
                            Pub. L. 100-119, Title I, Sec. 108, Sept. 29,
                            1987, 101 Stat. 775; Pub. L. 101-508, Title
                            XIII, Sec. 13101(a), Nov. 5, 1990, 104 Stat.
                            1388-583.)

        399.44  Sec. 904. Reports and orders

                (a) Timetable

                    The timetable with respect to this subchapter for any
                budget year is as follows:

    ------------------------------------------------------------------------
                       Date                        Action to be completed
    ------------------------------------------------------------------------
    January 21................................  Notification regarding
                                                 optional adjustment of
                                                 maximum deficit amount.
    5 days before the President's budget        CBO sequestration preview
     submission.                                 report.
    The President's budget submission.........  OMB sequestration preview
                                                 report.
    August 10.................................  Notification regarding
                                                 military personnel.
    August 15.................................  CBO sequestration update
                                                 report.
    August 20.................................  OMB sequestration update
                                                 report.
    10 days after end of session..............  CBO final sequestration
                                                 report.
    15 days after end of session..............  OMB final sequestration
                                                 report; Presidential order.
    30 days later.............................  GAO compliance report.
    ------------------------------------------------------------------------

                (b) Submission and availability of reports

                    Each report required by this section shall be submitted,
                in the case of CBO, to the House of Representatives, the
                Senate and OMB and, in the case of OMB, to the House of
                Representatives, the Senate, and the President on the day it
                is issued. On the following day a notice of the report shall
                be printed in the Federal Register.

                (c) Optional adjustment of maximum deficit amounts

                    With respect to budget year 1994 or 1995, on the date
                specified in subsection (a) of this section the President
                shall notify the House of Representatives and the Senate of
                his decision regarding the optional adjustment of the
                maximum deficit amount (as allowed under section
                903(g)(1)(B) of this title).
                (d) Sequestration preview reports

                        (1) Reporting requirement

                                On the dates specified in subsection (a) of
                            this section, OMB and CBO shall issue a preview
                            report regarding discretionary, pay-as-you-go,
                            and deficit sequestration based on laws enacted
                            through those dates.

                        (2) Discretionary sequestration report

                                The preview reports shall set forth
                            estimates for the current year and each
                            subsequent year through 1998 of the applicable
                            discretionary spending limits for each category
                            and an explanation of any adjustments in such
                            limits under section 901 of this title.

    [[Page 481]]

                        (3) Pay-as-you-go sequestration reports

                                The preview reports shall set forth, for the
                            current year and the budget year, estimates for
                            each of the following:

                                    (A) The amount of net deficit increase
                                or decrease, if any, calculated under
                                subsection 902(b) of this title.

                                    (B) A list identifying each law enacted
                                and sequestration implemented after November
                                5, 1990, included in the calculation of the
                                amount of deficit increase or decrease and
                                specifying the budgetary effect of each such
                                law.

                                    (C) The sequestration percentage or (if
                                the required sequestration percentage is
                                greater than the maximum allowable
                                percentage for medicare) percentages
                                necessary to eliminate a deficit increase
                                under section 902(c) of this title.

                        (4) Deficit sequestration reports

                                The preview reports shall set forth for the
                            budget year estimates for each of the following:

                                    (A) The maximum deficit amount, the
                                estimated deficit calculated under section
                                903(b) of this title, the excess deficit,
                                and the margin.

                                    (B) The amount of reductions required
                                under section 902 of this title, the excess
                                deficit remaining after those reductions
                                have been made, and the amount of reductions
                                required from defense accounts and the
                                reductions required from non-defense
                                accounts.

                                    (C) The sequestration percentage
                                necessary to achieve the required reduction
                                in defense accounts under section 903(d) of
                                this title.

                                    (D) The reductions required under
                                sections 903(e)(1) and 903(e)(2) of this
                                title.

                                    (E) The sequestration percentage
                                necessary to achieve the required reduction
                                in non-defense accounts under section
                                903(e)(3) of this title.

                        The CBO report need not set forth the items other
                        than the maximum deficit amount for fiscal year
                        1992, 1993, or any fiscal year for which the
                        President notifies the House of Representatives and
                        the Senate that he will adjust the maximum deficit
                        amount under the option under section 903(g)(1)(B)
                        of this title.

                        (5) Explanation of differences

                                The OMB reports shall explain the
                            differences between OMB and CBO estimates for
                            each item set forth in this subsection.

                (e) Notification regarding military personnel

                    On or before the date specified in subsection (a) of
                this section, the President shall notify the Congress of the
                manner in which he intends to exercise flexibility with
                respect to military personnel accounts under section 905(h)
                of this title.

                (f) Sequestration update reports

                    On the dates specified in subsection (a) of this
                section, OMB and CBO shall issue a sequestration update
                report, reflecting laws enacted through those dates,
                containing all of the information required in the
                sequestration preview reports.

    [[Page 482]]

                (g) Final sequestration reports

                        (1) Reporting requirement

                                On the dates specified in subsection (a) of
                            this section, OMB and CBO shall issue a final
                            sequestration report, updated to reflect laws
                            enacted through those dates.

                        (2) Discretionary sequestration reports

                                The final reports shall set forth estimates
                            for each of the following:

                                    (A) For the current year and each
                                subsequent year through 1998 the applicable
                                discretionary spending limits for each
                                category and an explanation of any
                                adjustments in such limits under section 901
                                of this title.

                                    (B) For the current year and the budget
                                year the estimated new budget authority and
                                outlays for each category and the breach, if
                                any, in each category.

                                    (C) For each category for which a
                                sequestration is required, the sequestration
                                percentages necessary to achieve the
                                required reduction.

                                    (D) For the budget year, for each
                                account to be sequestered, estimates of the
                                baseline level of sequesterable\1\ budgetary
                                resources and resulting outlays and the
                                amount of budgetary resources to be
                                sequestered and resulting outlay reductions.

                    \1\So in original.

                        (3) Pay-as-you-go and deficit sequestration reports

                                The final reports shall contain all the
                            information required in the pay-as-you-go and
                            deficit sequestration preview reports. In
                            addition, these reports shall contain, for the
                            budget year, for each account to be sequestered,
                            estimates of the baseline level of sequestrable
                            budgetary resources and resulting outlays and
                            the amount of budgetary resources to be
                            sequestered and resulting outlay reductions. The
                            reports shall also contain estimates of the
                            effects on outlays of the sequestration in each
                            outyear through 1998 for direct spending
                            programs.

                        (4) Explanation of differences

                                The OMB report shall explain any differences
                            between OMB and CBO estimates of the amount of
                            any net deficit change calculated under
                            subsection 902(b) of this title, any excess
                            deficit, any breach, and any required
                            sequestration percentage. The OMB report shall
                            also explain differences in the amount of
                            sequesterable\2\ resources for any budget
                            account to be reduced if such difference is
                            greater than $5,000,000.
                    \2\So in original.

                        (5) Presidential order

                                On the date specified in subsection (a) of
                            this section, if in its final sequestration
                            report OMB estimates that any sequestration is
                            required, the President shall issue an order
                            fully implementing without change all
                            sequestrations required by the OMB calculations
                            set forth in that report. This order shall be
                            effective on issuance.

    [[Page 483]]

                (h) Within-session sequestration reports and order

                   If an appropriation for a fiscal year in progress is
                enacted (after Congress adjourns to end the session for that
                budget year and before July 1 of that fiscal year) that
                causes a breach, 10 days later CBO shall issue a report
                containing the information required in paragraph (g)(2).
                Fifteen days after enactment, OMB shall issue a report
                containing the information required in paragraphs (g)(2) and
                (g)(4). On the same day as the OMB report, the President
                shall issue an order fully implementing without change all
                sequestrations required by the OMB calculations set forth in
                that report. This order shall be effective on issuance.

                (i) GAO compliance report

                    On the date specified in subsection (a) of this section,
                the Comptroller General shall submit to the Congress and the
                President a report on--
                                (1) the extent to which each order issued by
                            the President under this section complies with
                            all of the requirements contained in this part,
                            either certifying that the order fully and
                            accurately complies with such requirements or
                            indicating the respects in which it does not;
                            and
                                (2) the extent to which each report issued
                            by OMB or CBO under this section complies with
                            all of the requirements contained in this part,
                            either certifying that the report fully and
                            accurately complies with such requirements or
                            indicating the respects in which it does not.

                (j) Low-growth report

                    At any time, CBO shall notify the Congress if--
                                (1) during the period consisting of the
                            quarter during which such notification is given,
                            the quarter preceding such notification, and the
                            4 quarters following such notification, CBO or
                            OMB has determined that real economic growth is
                            projected or estimated to be less than zero with
                            respect to each of any 2 consecutive quarters
                            within such period; or
                                (2) the most recent of the Department of
                            Commerce's advance preliminary or final reports
                            of actual real economic growth indicate that the
                            rate of real economic growth for each of the
                            most recently reported quarter and the
                            immediately preceding quarter is less than one
                            percent.

                (k) Economic and technical assumptions

                    In all reports required by this section, OMB shall use
                the same economic and technical assumptions as used in the
                most recent budget submitted by the President under section
                1105(a) of Title 31. (Pub. L. 99-177, Title II, Sec. 254,
                Dec. 12, 1985, 99 Stat. 1078; amended Pub. L. 100-119, Title
                I, Secs. 102(b)(1), 106(e)(2), Sept. 29, 1987, 101 Stat.
                773, 781; Pub. L. 101-508, Title XIII, Sec. 13101(a), Nov.
                5, 1990, 104 Stat. 1388-586; Pub. L. 103-66, Sec. 14002,
                Aug. 10, 1993, 107 Stat. 685.)

        399.45  Sec. 905. Exempt programs and activities

                (a) Social Security benefits and tier I railroad retirement
                    benefits

                    Benefits payable under the old-age, survivors, and
                disability insurance program established under title II of
                the Social Security Act [42 U.S.C.A.

    [[Page 484]]

                Sec. 401 et seq.] and benefits payable under section 3(a),
                3(f)(3), 4(a), or 4(f) of the Railroad Retirement Act of
                1974 [45 U.S.C.A. Secs. 231b(a), 231(f)(3), 231c(a), and
                231c(f)] shall be exempt from reduction under any order
                issued under this subchapter.

                (b) Veterans programs

                    The following programs shall be exempt from reduction
                under any order issued under this subchapter:
                                National Service Life Insurance Fund (36-
                            8132-0-7-701);
                                Service-Disabled Veterans Insurance Fund
                            (36-4012-0-3-701);
                                Veterans Special Life Insurance Fund (36-
                            8455-0-8-701);
                                Veterans Reopened Insurance Fund (36-4010-0-
                            3-701);
                                United States Government Life Insurance Fund
                            (36-8150-0-7-701);
                                Veterans Insurance and Indemnity (36-0120-0-
                            1-701);
                                Special Therapeutic and Rehabilitation
                            Activities Fund (36-4048-0-3-703);
                                Veterans' Canteen Service Revolving Fund
                            (36-4014-0-3-705);
                                Benefits under chapter 21 of title 38,
                            United States Code, relating to specially
                            adapted housing and mortgage-protection life
                            insurance for certain veterans with service-
                            connected disabilities (36-0137-0-1-702);
                                Benefits under section 907 of title 38,
                            United States Code, relating to burial benefits
                            for veterans who die as a result of service-
                            connected disability (36-0155-0-1-701);
                                Benefits under chapter 39 of title 38,
                            United States Code, relating to automobiles and
                            adaptive equipment for certain disabled veterans
                            and members of the Armed Forces (36-0137-0-1-
                            702);
                                Veterans' compensation (36-0153-0-1-701);
                            and
                                Veterans' pensions (36-0154-0-1-701).

                (c) Net interest

                    No reduction of payments for net interest (all of major
                functional category 900) shall be made under any order
                issued under this subchapter.

                (d) Earned income tax credit

                    Payments to individuals made pursuant to section 32 of
                the Internal Revenue Code of 1954 [26 U.S.C.A. Sec. 32]
                shall be exempt from reduction under any order issued under
                this subchapter.

                (e) Non-defense unobligated balances

                    Unobligated balances of budget authority carried over
                from prior fiscal years, except balances in the defense
                category, shall be exempt from reduction under any order
                issued under this part.

                (f) Certain program bases

                    Outlays for programs specified in paragraph (1) of
                section 907 of this title shall be subject to reduction only
                in accordance with the procedures established in section
                901(a)(3)(C) and 906(b) of this title.

                (g) Other programs and activities

                    (1)(A) The following budget accounts and activities
                shall be exempt from reduction under any order issued under
                this subchapter:

    [[Page 485]]

                                Activities resulting from private donations,
                            bequests, or voluntary contributions to the
                            Government;
                                Administration of Territories, Northern
                            Mariana Islands Covenant grants (14-0412-0-1-
                            806);
                                Thrift Savings Fund (26-8141-0-7-602);
                                Alaska Power Administration, Operations and
                            maintenance (89-0304-0-1-271);
                                Appropriations for the District of Columbia
                            (to the extent they are appropriations of
                            locally raised funds);
                                Bonneville Power Administration fund and
                            borrowing authority established pursuant to
                            section 13 of Public Law 93-454 (1974), as
                            amended (89-4045-0-3-271);
                                Bureau of Indian Affairs, miscellaneous
                            payments to Indians (14-2303-0-1-452);
                                Bureau of Indian Affairs miscellaneous trust
                            funds, tribal trust funds (14-9973-0-7-999);
                                Claims, defense (97-0102-0-1-051);
                                Claims, judgments, and relief acts (20-1895-
                            0-1-806);
                                Coinage profit fund (20-5811-0-2-803);
                                Compensation of the President (11-0001-0-1-
                            802);
                                Customs Service, miscellaneous permanent
                            appropriations (20-9922-0-2-852);
                                Comptroller of the Currency;
                                Director of the Office of Thrift
                            Supervision;
                                Dual benefits payments account (60-0111-0-1-
                            601);
                                Eastern Indian land claims settlement fund
                            (14-2202-0-1-806);
                                Exchange stabilization fund (20-4444-0-3-
                            155);
                                Farm Credit System Financial Assistance
                            Corporation, interest payments (20-1850-0-1-
                            351);
                                Federal Deposit Insurance Corporation;
                                Federal Deposit Insurance Corporation, Bank
                            Insurance Fund;
                                Federal Deposit Insurance Corporation, FSLIC
                            Resolution Fund;
                                Federal Deposit Insurance Corporation,
                            Savings Association Insurance Fund;
                                Federal Housing Finance Board;
                                Federal payment to the railroad retirement
                            account (60-0113-0-1-601);
                                Foreign military sales trust fund (11-8242-
                            0-7-155);
                                Health professions graduate student loan
                            insurance fund (Health Education Assistance Loan
                            Program) (75-4305-0-3-553);
                                Higher education facilities loans and
                            insurance (91-0240-0-1-502);
                                Internal Revenue Collections for Puerto Rico
                            (20-5737-0-2-852);
                                Intragovernmental funds, including those
                            from which the outlays are derived primarily
                            from resources paid in from other government
                            accounts, except to the extent such funds are
                            augmented by direct appropriations for the
                            fiscal year during which an order is in effect;
                                Panama Canal Commission, operating expenses
                            (95-5190-0-2-403), and Panama Canal Commission,
                            capital outlay (95-5190-0-2-403);
                                Medical facilities guarantee and loan fund,
                            Federal interest subsidies for medical
                            facilities (75-4430-0-3-551);
                                National Credit Union Administration;

    [[Page 486]]

                                National Credit Union Administration,
                            central liquidity facility;
                                National Credit Union Administration, credit
                            union share insurance fund;
                                Payment of Vietnam and USS Pueblo prisoner-
                            of-war claims (15-0104-0-1-153);
                                Payment to civil service retirement and
                            disability fund (24-0200-0-1-805);
                                Payment to Judiciary Trust Funds (10-0941-0-
                            1-752);
                                Payments to copyright owners (03-5175-0-2-
                            376);
                                Payments to health care trust funds (75-
                            0580-0-1-572);
                                Payments to military retirement fund (97-
                            0040-0-1-054);
                                Compact of Free Association, economic
                            assistance pursuant to Public Law 99-658 (14-
                            0415-0-1-806);
                                Payments to social security trust funds (75-
                            0404-0-1-571);
                                Payments to state and local government
                            fiscal assistance trust fund (20-2111-0-1-851);
                                Payments to the foreign service retirement
                            and disability fund (11-1036-0-1-153 and 19-
                            0540-0-1-153);
                                Payments to trust funds from excise taxes or
                            other receipts properly creditable to such trust
                            funds;
                                Payments to the United States territories,
                            fiscal assistance (14-0418-0-1-852);
                                Payments to widows and heirs of deceased
                            Members of Congress (00-0215-0-1-801);
                                Postal service fund (18-4020-0-3-372);
                                Resolution Funding Corporation;
                                Resolution Trust Corporation;
                                Salaries of Article III judges;
                                Soldiers and Airmen's Home, payment of
                            claims (84-8930-0-7-705);
                                Southeastern Power Administration,
                            Operations and maintenance (89-0302-0-1-271);
                                Southwestern Power Administration,
                            Operations and maintenance (89-0303-0-1-271);
                                Tennessee Valley Authority fund, except non-
                            power programs and activities (64-4110-0-3-999);
                                United States Enrichment Corporation;
                                Washington Metropolitan Area Transit
                            Authority, interest payments (46-0300-0-1-401);
                                Western Area Power Administration,
                            Construction, rehabilitation, operations, and
                            maintenance (89-5068-0-2-271); and
                                Western Area Power Administration, Colorado
                            River basins power marketing fund (89-4452-0-3-
                            271).
                    (B) The following budget accounts and activities shall
                be exempt from reduction under any order issued under this
                subchapter:
                                Black lung benefits (20-8144-0-7-601);
                                Central Intelligence Agency retirement and
                            disability system fund (56-3400-0-1-054);
                                Civil service retirement and disability fund
                            (24-8135-0-7-602);
                                Comptrollers general retirement system (05-
                            0107-0-1-801);
                                Court of Federal Claims Judges' Retirement
                            Fund (10-8124-0-7-602);
                                Foreign service retirement and disability
                            fund (19-8186-0-7-602);

    [[Page 487]]

                                Judicial survivors' annuities fund (10-8110-
                            0-7-602);
                                Judicial Officers' Retirement Fund (10-8122-
                            0-7-602);
                                Longshoremen's and harborworkers'
                            compensation benefits (16-9971-0-7-601);
                                Military retirement fund (97-8097-0-7-602);
                                National Oceanic and Atmospheric
                            Administration retirement (13-1450-0-1-306;
                                Pensions for former Presidents (47-0105-0-1-
                            802);
                                Railroad retirement tier II (60-8011-0-7-
                            601);
                                Railroad supplemental annuity pension fund
                            (60-8012-0-7-602);
                                Retired pay, Coast Guard (69-0241-0-1-403);
                                Retirement pay and medical benefits for
                            commissioned officers, Public Health Service
                            (75-0379-0-1-551);
                                Special benefits, Federal Employees'
                            Compensation Act (16-1521-0-1-600);
                                Special benefits for disabled coal miners
                            (75-0409-0-1-601);
                                Tax Court judges survivors annuity fund (23-
                            8115-0-7-602).
                    (2) Prior legal obligations of the Government in the
                following budget accounts and activities shall be exempt
                from any order issued under this subchapter.
                                Agency for International Development,
                            Housing, and other credit guarantee programs
                            (72-4340-0-3-151);
                                Agricultural credit insurance fund (12-4140-
                            0-3-351);
                                Biomass energy development (20-0114-0-1-
                            271);
                                Check forgery insurance fund (20-4109-0-3-
                            803);
                                Community development grant loan guarantees
                            (86-0162-0-1-451);
                                Credit union share insurance fund (25-4468-
                            0-3-371);
                                Economic development revolving fund (13-
                            4406-0-3-452);
                                Employees life insurance fund (24-8424-0-8-
                            602);
                                Energy security reserve (Synthetic Fuels
                            Corporation) (20-0112-0-1-271);
                                Export-Import Bank of the United States,
                            Limitation of program activity (83-4027-0-3-
                            155);
                                Federal Aviation Administration, Aviation
                            insurance revolving fund (69-4120-0-3-402);
                                Federal Crop Insurance Corporation fund (12-
                            4085-0-3-351);
                                Federal Deposit Insurance Corporation (51-
                            8419-0-8-371);
                                Federal Emergency Management Agency,
                            National flood insurance fund (58-4236-0-3-453);
                                Federal Emergency Management Agency,
                            National insurance development fund (58-4235-0-
                            3-451);
                                Federal Housing Administration fund (86-
                            4070-0-3-371);
                                Federal ship financing fund (69-4301-0-3-
                            403);
                                Federal ship financing fund, fishing vessels
                            (13-4417-0-3-376);
                                Geothermal resources development fund (89-
                            0206-0-1-271);
                                Government National Mortgage Association,
                            Guarantees of mortgage-backed securities (86-
                            4238-0-3-371);
                                Health education loans (75-4307-0-3-553);
                                Homeowners assistance fund, Defense (97-
                            4090-0-3-051);
                                Indian loan guarantee and insurance fund
                            (14-4410-0-3-452);
                                International Trade Administration,
                            Operations and administration (13-1250-0-1-376);

    [[Page 488]]

                                Low-rent public housing, Loans and other
                            expenses (86-4098-0-3-604);
                                Maritime Administration, War-risk insurance
                            revolving fund (69-4302-0-3-403);
                                Overseas Private Investment Corporation (71-
                            4030-0-3-151);
                                Pension Benefit Guaranty Corporation fund
                            (16-4204-0-3-601);
                                Rail service assistance (69-0122-0-1-401);
                                Railroad rehabilitation and improvement
                            financing fund (69-4411-0-3-401);
                                Rural development insurance fund (12-4155-0-
                            3-452);
                                Rural electric and telephone revolving fund
                            (12-4230-8-3-271);
                                Rural housing insurance fund (12-4141-0-3-
                            371);
                                Small Business Administration, Business loan
                            and investment fund (73-4154-0-3-376);
                                Small Business Administration, Lease
                            guarantees revolving fund (73-4157-0-3-376);
                                Small Business Administration, Pollution
                            control equipment contract guarantee revolving
                            fund (73-4147-0-3-376);
                                Small Business Administration, Surety bond
                            guarantees revolving fund (73-4156-0-3-376);
                                Department of Veterans Affairs, Loan
                            guaranty revolving fund (36-4025-0-3-704); and
                                Department of Veterans Affairs, Servicemen's
                            group life insurance fund (36-4009-0-3-701).

                (h) Low-income programs

                    The following programs shall be exempt from reduction
                under any order issued under this subchapter:
                                Aid to families with dependent children (75-
                            0412-0-1-609);
                                Child nutrition (12-3539-0-1-605);
                                Commodity supplemental food program (12-
                            3512-0-1-605);
                                Food stamp programs (12-3505-0-1-605 and 12-
                            3550-0-1-605);
                                Grants to States for Medicaid (75-0512-0-1-
                            551);
                                Supplemental Security Income Program (75-
                            0406-0-1-609); and
                                Women, infants, and children program (12-
                            3510-0-1-605).

                (h) Optional\1\ exemption of military personnel

                    \1\So in original. Two subsecs. (h) were enacted.
                    (1) The President may, with respect to any military
                personnel account, exempt that account from sequestration or
                provide for a lower uniform percentage reduction than would
                otherwise apply.
                    (2) The President may not use the authority provided by
                paragraph (1) unless he notifies the Congress of the manner
                in which such authority will be exercised on or before the
                initial snapshot date for the budget year.

                (i) Identification of programs

                    For purposes of subsections (g) and (h) of this section,
                programs are identified by the designated budget account
                identification code numbers set forth in the Budget of the
                United States Government, 1986--Appendix. (Pub. L. 99-177,
                Title II, Sec. 255, Dec. 12, 1985, 99 Stat. 1082; Pub. L.
                99-509, Title VII, Sec. 7002(a), Oct. 21, 1986, 100 Stat,
                1949; Pub. L. 100-86, Title V, Sec. 506(a), Aug. 10, 1987,
                101 Stat. 634; Pub. L. 100-

    [[Page 489]]

                119, Title I, Sec. 104(a)(1), (2), (c)(1), Sept. 29, 1987,
                101 Stat. 775-777; Pub. L. 101-73, Title VII, Sec. 743(a),
                (c), Aug. 9, 1989, 103 Stat. 437; Pub. L. 101-220, Sec. 8,
                Dec. 12, 1989, 103 Stat. 1881; Pub. L. 101-508, Title XIII,
                Sec. 13101(c), Nov. 5, 1990, 104 Stat. 1388-589; Pub. L.
                102-54, Sec. 13(a), June 13, 1991, 105 Stat. 274; Pub. L.
                102-486, Title IX, Sec. 902(d), Oct. 24, 1992, 106 Stat.
                2944; Pub. L. 102-572, Title VI, Sec. 601, Oct. 29, 1992,
                106 Stat. 4514.)

        399.46  Sec. 906. Exceptions, limitations, and special rules

                (a) Automatic spending increases

                    Automatic spending increases are increases in outlays
                due to changes in indexes in the following programs:
                                (1) National Wool Act [7 U.S.C.A. Sec. 1781
                            et set.];
                                (2) Special milk program; and
                                (3) Vocational rehabilitation basic State
                            grants.

                In those programs all amounts other than the automatic
                spending increases shall be exempt from reduction under any
                order issued under this subchapter.

                (b) Effect of orders on the guaranteed student loan program

                    (1) Any reductions which are required to be achieved
                from the student loan programs operated pursuant to part B
                of title IV of the Higher Education Act of 1965 [20 U.S.C.A.
                Sec. 1071 et seq.], as a consequence of an order issued
                pursuant to section 904 of this title, shall be achieved
                only from loans described in paragraphs (2) and (3) by the
                application of the measures described in such paragraphs.
                    (2) For any loan made during the period beginning on the
                date that an order issued under section 904 of this title
                takes effect with respect to a fiscal year and ending at the
                close of such fiscal year, the rate used in computing the
                special allowance payment pursuant to section
                438(b)(2)(A)(iii) of such Act [20 U.S.C.A. Sec. 1087-
                1(b)(2)(A)(iii)] for each of the first four special
                allowance payments for such loan shall be adjusted by
                reducing such a rate by the lesser of--
                                (A) 0.40 percent, or
                                (B) the percentage by which the rate
                            specified in such section exceeds 3 percent.
                    (3) For any loan made during the period beginning on the
                date that an order issued under section 904 of this title
                takes effect with respect to a fiscal year and ending at the
                close of such fiscal year, the origination fee which is
                authorized to be collected pursuant to section 438(c)(2) of
                such Act [20 U.S.C.A Sec. 1087-1(c)(2)] shall be increased
                by 0.50 percent.

                (c) Treatment of foster care and adoption assistance
                    programs

                    Any order issued by the President under section 904 of
                this title shall make the reduction which is otherwise
                required under the foster care and adoption assistance
                programs (established by part E of title IV of the Social
                Security Act [42 U.S.C.A. Sec. 670 et seq.]) only with
                respect to payments and expenditures made by States in which
                increases in foster care maintenance payment rates or
                adoption assistance payment rates (or both) are to take
                effect during the fiscal year involved, and only to the
                extent that the required reduction can be accomplished by
                applying a uniform percentage reduction to the Federal
                matching payments that each such State would otherwise
                receive under section 474 of that Act [42 U.S.C.A. Sec. 674]
                (for such fiscal year) for that portion

    [[Page 490]]

                of the State's payments which is attributable to the
                increases taking effect during that year. No State's
                matching payments from the Federal Government for foster
                care maintenance payments or for adoption assistance
                maintenance payments may be reduced by a percentage
                exceeding the applicable domestic sequestration percentage.
                No State may, after December 12, 1985, make any change in
                the timetable for making payments under a State plan
                approved under part E of title IV of the Social Security Act
                [42 U.S.C.A. Sec. 670 et seq.] which has the effect of
                changing the fiscal year in which expenditures under such
                part are made.

                (d) Special rules for Medicare program
                        (1) Calculation of reduction in individual payment
                                   amounts

                                To achieve the total percentage reduction in
                            those programs required by sections 902 of this
                            title and 908 of this title, and notwithstanding
                            section 710 of the Social Security Act [42
                            U.S.C.A. Sec. 911], OMB shall determine, and the
                            applicable Presidential order under section 904
                            of this title shall implement, the percentage
                            reduction that shall apply to payments under the
                            health insurance programs under title XVIII of
                            the Social Security Act [42 U.S.C.A. Sec. 1395
                            et seq.] for services furnished after the order
                            is issued, such that the reduction made in
                            payments under that order shall achieve the
                            required total percentage reduction in those
                            payments for that fiscal year as determined on a
                            12-month basis.

                        (2) Timing of application of reductions

                        (A) In general

                                Except as provided in subparagraph (B), if a
                            reduction is made under paragraph (1) in payment
                            amounts pursuant to a sequestration order, the
                            reduction shall be applied to payment for
                            services furnished during the effective period
                            of the order. For purposes of the previous
                            sentence, in the case of inpatient services
                            furnished for an individual, the services shall
                            be considered to be furnished on the date of the
                            individual's discharge from the inpatient
                            facility.

                        (B) Payment on basis of cost reporting periods

                                In the case in which payment for services of
                            a provider of services is made under title XVIII
                            of the Social Security Act [42 U.S.C.A.
                            Sec. 1395 et seq.] on a basis relating to the
                            reasonable cost incurred for the services during
                            a cost reporting period of the provider, if a
                            reduction is made under paragraph (1), in
                            payment amounts pursuant to a sequestration
                            order, the reduction shall be applied to payment
                            for costs for such services incurred at any time
                            during each cost reporting period of the
                            provider any part of which occurs during the
                            effective period of the order, but only (for
                            each such cost reporting period) in the same
                            proportion as the fraction of the cost reporting
                            period that occurs during the effective period
                            of the order.

                        (3) No increase in beneficiary charges in
                                  assignment-related cases

                                If a reduction in payment amounts is made
                            under paragraph (1) for services for which
                            payment under part B of title XVIII of the
                            Social Security Act [42 U.S.C.A. Sec. 1395j et
                            seq.] is made on

    [[Page 491]]

                            the basis of an assignment described in section
                            1842(b)(3)(B)(ii) [42 U.S.C.A.
                            Sec. 1395u(b)(3)(B)(ii)], in accordance with
                            section 1842(b)(6)(B) [42 U.S.C.A.
                            Sec. 1395u(b)(6)(B)], or under the procedure
                            described in section 1870(f)(1) [42 U.S.C.A.
                            Sec. 1395gg(f)(1)], of such Act, the person
                            furnishing the services shall be considered to
                            have accepted payment of the reasonable charge
                            for the services, less any reduction in payment
                            amount made pursuant to a sequestration order,
                            as payment in full.

                        (4) No effect on computation of adjusted average per
                                  capita cost

                                In computing the adjusted average per capita
                            cost for purposes of section 1876(a)(4) of the
                            Social Security Act [42 U.S.C.A.
                            Sec. 1395mm(a)(4)], the Secretary of Health and
                            Human Services shall not take into account any
                            reductions in payment amounts which have been or
                            may be effected under this subchapter.

                (e) Community and migrant health centers, Indian health
                    services and facilities, and veteran's medical care

                    (1) The maximum permissible reduction in budget
                authority for any account listed in paragraph (2) for any
                fiscal year, pursuant to an order issued under section 902
                of this title, shall be--
                                (A) 1 percent in the case of the fiscal year
                            1986, and
                                (B) 2 percent in the case of any subsequent
                            fiscal year.
                    (2) The accounts referred to in paragraph (1) are as
                follows:
                                (A) Community health centers (75-0350-0-1-
                            550).
                                (B) Migrant health centers (75-0350-0-1-
                            550).
                                (C) Indian health facilities (75-0391-0-1-
                            551).
                                (D) Indian health services (75-0390-0-1-
                            551).
                                (E) Veteran's medical care (36-0160-0-1-
                            703).
                    For purposes of the preceding provisions of this
                paragraph, programs are identified by the designated budget
                account identification code numbers set forth in the Budget
                of the United States Government--Appendix.

                (f) Treatment of child support enforcement program

                    Notwithstanding any change in the display of budget
                accounts, any order issued by the President under section
                904 of this title shall accomplish the full amount of any
                required reduction in expenditures under sections 455 and
                458 of the Social Security Act [42 U.S.C.A. Secs. 655
                and 658] by reducing the Federal matching rate for State
                administrative costs under such program, as specified (for
                the fiscal year involved) in section 455(a) of such Act [42
                U.S.C.A. Sec. 655(a)], to the extent necessary to reduce
                such expenditures by that amount.

                (g) Federal pay

                        (1) In general

                                For purposes of any order issued under
                            section 904 of this title--

                                    (A) Federal pay under a statutory pay
                                system, and

                                    (B) elements of military pay,

                        shall be subject to reduction under an order in the
                        same manner as other administrative expense
                        components of the Federal budget; except that no
                        such order may reduce or have the effect of reducing
                        the rate of pay to which any individual is entitled
                        under any such

    [[Page 492]]

                        statutory pay system (as increased by any amount
                        payable under section 5304 of Title 5, or section
                        302 of the Federal Employees Pay Comparability Act
                        of 1990) or the rate of any element of military pay
                        to which any individual is entitled under Title 37,
                        or any increase in rates of pay which is scheduled
                        to take effect under section 5303 of Title 5,
                        section 1009 of Title 37, or any other provision of
                        law.

                        (2) Definitions

                                For purposes of this subsection:

                                    (A) The term ``statutory pay system''
                                shall have the meaning given that term in
                                section 5302(1) of Title 5.

                                    (B) The term ``elements of military
                                pay'' means--

                                            (i) the elements of compensation
                                        of members of the uniformed services
                                        specified in section 1009 of Title
                                        37,

                                            (ii) allowances provided members
                                        of the uniformed services under
                                        sections 403a and 405 of such title,
                                        and

                                            (iii) cadet pay and midshipman
                                        pay under section 203(c) of such
                                        title.

                                    (C) The term ``uniformed services''
                                shall have the meaning given that term in
                                section 101(3) of Title 37.

                (h) Treatment of Federal administrative expenses

                    (1) Notwithstanding any other provision of this title,
                administrative expenses incurred by the departments and
                agencies, including independent agencies, of the Federal
                Government in connection with any program, project,
                activity, or account shall be subject to reduction pursuant
                to an order issued under section 904 of this title without
                regard to any exemption, exception, limitation, or special
                rule which is otherwise applicable with respect to such
                program, project, activity, or account under this
                subchapter.
                    (2) Notwithstanding any other provision of law,
                administrative expenses of any program, project, activity,
                or account which is self-supporting and does not receive
                appropriations shall be subject to reduction under a
                sequester order, unless specifically exempted in this joint
                resolution.
                    (3) Payments made by the Federal Government to reimburse
                or match administrative costs incurred by a State or
                political subdivision under or in connection with any
                program, project, activity, or account shall not be
                considered administrative expenses of the Federal Government
                for purposes of this section, and shall be subject to
                reduction or sequestration under this subchapter to the
                extent (and only to the extent) that other payments made by
                the Federal Government under or in connection with that
                program, project, activity, or account are subject to such
                reduction or sequestration; except that Federal payments
                made to a State as reimbursement of administrative costs
                incurred by such State under or in connection with the
                unemployment compensation programs specified in subsection
                (h)(1) of this section shall be subject to reduction or
                sequestration under this subchapter notwithstanding the
                exemption otherwise granted to such programs under that
                subsection.
                    (4) Notwithstanding any other provision of law, this
                subsection shall not apply with respect to the following:
                                 (A) Comptroller of the Currency.
                                (B) Federal Deposit Insurance Corporation.

    [[Page 493]]

                                (C) Office of Thrift Supervision.
                                (D) Office of Thrift Supervision.\1\
                    \1\So in original.
                                (E) National Credit Union Administration.
                                (F) National Credit Union Administration,
                            central liquidity facility.
                                (G) Federal Retirement Thrift Investment
                            Board.
                                (H) Resolution Funding Corporation.
                                (I) Resolution Trust Corporation.

                (i) Treatment of payments and advances made with respect to
                    unemployment compensation programs

                    (1) For purposes of section 904 of this title--
                                (A) any amount paid as regular unemployment
                            compensation by a State from its account in the
                            Unemployment Trust Fund (established by section
                            904(a) of the Social Security Act [42 U.S.C.A.
                            Sec. 1104(a)])
                                (B) any advance made to a State from the
                            Federal unemployment account (established by
                            section 904(g) of such Act [42 U.S.C.A.
                            Sec. 1104(g)]) under title XII of such Act [42
                            U.S.C.A. Sec. 1321 et seq.] and any advance
                            appropriated to the Federal unemployment account
                            pursuant to section 1203 of such Act [42
                            U.S.C.A. Sec. 1323], and
                                (C) any payment made from the Federal
                            Employees Compensation Account (as established
                            under section 909 of such Act [42 U.S.C.A.
                            Sec. 1109]) for the purpose of carrying out
                            chapter 85 of Title 5 [5 U.S.C.A. Sec. 8501 et
                            seq.] and funds appropriated or transferred to
                            or otherwise deposited in such Account,

                shall not be subject to reduction.

                    (2)(A) A State may reduce each weekly benefit payment
                made under the Federal-State Extended Unemployment
                Compensation Act of 1970 [26 U.S.C.A. Sec. 3304 note] for
                any week of unemployment occurring during any period with
                respect to which payments are reduced under an order issued
                under section 904 of this title by a percentage not to
                exceed the percentage by which the Federal payment to the
                State under section 204 of such Act is to be reduced for
                such week as a result of such order.
                    (B) A reduction by a State in accordance with
                subparagraph (A) shall not be considered as a failure to
                fulfill the requirements of section 3304(a)(11) of the
                Internal Revenue Code of 1954 [26 U.S.C.A.
                Sec. 3304(A)(11)].

                (j) Commmodity Credit Corporation

                        (1) Powers and authorities of Commodity Credit
                                  Corporation

                                This title shall not restrict the Commodity
                            Credit Corporation in the discharge of its
                            authority and responsibility as a corporation to
                            buy and sell commodities in world trade, to use
                            the proceeds as a revolving fund to meet other
                            obligations and otherwise operate as a
                            corporation, the purpose for which it was
                            created.

                        (2) Reduction in payments made under contracts

                                (A) Payments and loan eligibility under any
                            contract entered into with a person by the
                            Commodity Credit Corporation prior to the time
                            an order has been issued under section 904 of
                            this title shall

    [[Page 494]]

                            not be reduced by an order subsequently issued.
                            Subject to subparagraph (B), after an order is
                            issued under such section for a fiscal year, any
                            cash payments made by the Commodity Credit
                            Corporation--

                                    (i) under the terms of any one-year
                                contract entered into in such fiscal year
                                and after the issuance of the order; and

                                    (ii) out of an entitlement account,

                        to any person (including any producer, lender, or
                        guarantee entity) shall be subject to reduction
                        under the order.
                                (B) Each contract entered into with
                            producers or producer cooperatives with respect
                            to a particular crop of a commodity and subject
                            to reduction under subparagraph (A) shall be
                            reduced in accordance with the same terms and
                            conditions. If some, but not all, contracts
                            applicable to a crop of a commodity have been
                            entered into prior to the issuance of an order
                            under section 904 of this title, the order shall
                            provide that the necessary reduction in payments
                            under contracts applicable to the commodity be
                            uniformly applied to all contracts for the next
                            succeeding crop of the commodity, under the
                            authority provided in paragraph (3).

                        (3) Delayed reduction in outlays permissible

                                Notwithstanding any other provision of this
                            joint resolution, if an order under section 904
                            of this title is issued with respect to a fiscal
                            year, any reduction under the order applicable
                            to contracts described in paragraph (1) may
                            provide for reductions in outlays for the
                            account involved to occur in the fiscal year
                            following the fiscal year to which the order
                            applies. No other account, or other program,
                            project, or activity, shall bear an increased
                            reduction for the fiscal year to which the order
                            applies as a result of the operation of the
                            preceding sentence.

                        (4) Uniform percentage rate of reduction and other
                                  limitations

                                All reductions described in paragraph (2)
                            which are required to be made in connection with
                            an order issued under section 904 of this title
                            with respect to a fiscal year--

                                    (A) shall be made so as to ensure that
                                outlays for each program, project, activity,
                                or account involved are reduced by a
                                percentage rate that is uniform for all such
                                programs, projects, activities, and
                                accounts, and may not be made so as to
                                achieve a percentage rate of reduction in
                                any such item exceeding the rate specified
                                in the order; and

                                    (B) with respect to commodity price
                                support and income protection programs,
                                shall be made in such manner and under such
                                procedures as will attempt to ensure that--

                                            (i) uncertainty as to the scope
                                        of benefits under any such program
                                        is minimized;

                                            (ii) any instability in market
                                        prices for agricultural commodities
                                        resulting from the reduction is
                                        minimized; and

                                            (iii) normal production and
                                        marketing relationships among
                                        agricultural commodities (including
                                        both contract and non-contract
                                        commodities) are not distorted.

                        In meeting the criterion set out in clause (iii) of
                        subparagraph (B) of the preceding sentence, the
                        President shall take into consideration

    [[Page 495]]

                        that reductions under an order may apply to programs
                        for two or more agricultural commodities that use
                        the same type of production or marketing resources
                        or that are alternative commodities among which a
                        producer could choose in making annual production
                        decisions.

                        (5) No double reduction

                                No agricultural price support or income
                            protection program that is subject to reduction
                            under an order issued under section 904 of this
                            title for a fiscal year may be subject, as well,
                            to modification or suspension under such order
                            as an automatic spending increase.

                        (6) Certain authority not to be limited

                                Nothing in this joint resolution shall limit
                            or reduce, in any way, any appropriation that
                            provides the Commodity Credit Corporation with
                            budget authority to cover the Corporation's net
                            realized losses.

                (k) Special Rules for the JOBS portion of AFDC

                        (1) Full amount of sequestration required

                                Any order issued by the President under
                            section 904 of this title shall accomplish the
                            full amount of any required sequestration of the
                            job opportunities and basic skills training
                            program under section 402(a)(1) [42 U.S.C.A.
                            Sec. 602(a)(19)], and part F of title VI, of the
                            Social Security Act, in the manner specified in
                            this subsection. Such an order may not reduce
                            any Federal matching rate pursuant to section
                            408(l) of the Social Security Act [42 U.S.C.A.
                            Sec. 608(l)].

                        (2) New allotment formula

                        (A) General rule

                                Notwithstanding section 403(k) of the Social
                            Security Act [42 U.S.C.A. Sec. 603(k)], each
                            State's percentage share of the amount available
                            after sequestration for direct spending pursuant
                            to section 403(l) of such Act [42 U.S.C.A.
                            Sec. 603(l)] for the fiscal year to which the
                            sequestration applies shall be equal to--

                                    (i) the lesser of--

                                            (I) that percentage of the total
                                        amount paid to the States pursuant
                                        to such section 403(l) for the prior
                                        fiscal year that is represented by
                                        the amount paid to such State
                                        pursuant to such section 403(l) [42
                                        U.S.C.A. Sec. 603(l)] for the prior
                                        fiscal year; or

                                            (II) the amount that would have
                                        been allotted to such State pursuant
                                        to such section 403(k) [42 U.S.C.A.
                                        Sec. 603(k)] had the sequestration
                                        not been in effect.

                        (B) Reallotment of amounts remaining unallotted
                                after application of general rule

                                Any amount made available after
                            sequestration for direct spending pursuant to
                            section 403(l) of the Social Security Act [42
                            U.S.C.A. Sec. 603(l)] for the fiscal year to
                            which the sequestration applies that remains
                            unallotted as a result of subparagraph (A) of
                            this paragraph shall be allotted among the
                            States in proportion to the absolute difference
                            between the amount allotted, respectively, to
                            each State as a result of such subparagraph and
                            the amount that would have been allotted to such
                            State pursuant to section 403(k) [42 U.S.C.A.

    [[Page 496]]

                            Sec. 603(k)] of such Act had the sequestration
                            not been in effect, except that a State may not
                            be allotted an amount under this subparagraph
                            that results in a total allotment to the State
                            under this paragraph of more than the amount
                            that would have been allotted to such State
                            pursuant to such section 403(k) [42 U.S.C.A.
                            Sec. 603(k)] had the sequestration not been in
                            effect.

                (l) Effects of sequestration

                    The effects of sequestration shall be as follows:
                                (1) Budgetary resources sequestered from any
                            account other than a trust or special fund
                            account shall be permanently cancelled.
                                (2) Except as otherwise provided, the same
                            percentage sequestration shall apply to all
                            programs, projects, and activities within a
                            budget account (with programs, projects, and
                            activities as delineated in the appropriation
                            Act or accompanying report for the relevant
                            fiscal year covering that account, or for
                            accounts not included in appropriation Acts, as
                            delineated in the most recently submitted
                            President's budget).
                                (3) Administrative regulations or similar
                            actions implementing a sequestration shall be
                            made within 120 days of the sequestration order.
                            To the extent that formula allocations differ at
                            different levels of budgetary resources within
                            an account, program, project, or activity, the
                            sequestration shall be interpreted as producing
                            a lower total appropriation, with the remaining
                            amount of the appropriation being obligated in a
                            manner consistent with program allocation
                            formulas in substantive law.
                                (4) Except as otherwise provided,
                            obligations in sequestered accounts shall be
                            reduced only in the fiscal year in which a
                            sequester occurs.
                                (5) If an automatic spending increase is
                            sequestered, the increase (in the applicable
                            index) that was disregarded as a result of that
                            sequestration shall not be taken into account in
                            any subsequent fiscal year.
                                (6) Except as otherwise provided,
                            sequestration in trust and special fund accounts
                            for which obligations are indefinite shall be
                            taken in a manner to ensure that obligations in
                            the fiscal year of a sequestration are reduced,
                            from the level that would actually have
                            occurred, by the applicable sequestration
                            percentage. (Pub L. 99-177, Title II, Sec. 256,
                            Dec. 12, 1985, 99 Stat. 1086; amended Pub. L.
                            100-86, Title V, Sec. 506(b), Aug. 10, 1987, 101
                            Stat 634; Pub. L. 100-119, Title I,
                            Secs. 102(b)(2), (3), (11), 104(a)(3), (4),
                            Sept. 29, 1987, 101 Stat. 773, 775, 776; Pub. L.
                            101-73, Title VII, Sec. 743(b), Aug. 9, 1989,
                            108 Stat. 487; Pub. L. 101-508, Title XIII,
                            Sec. 13101(d), Nov. 5, 1990, 104 Stat 1888-589;
                            Pub. L. 101-509, Title V, Sec. 529 [Title I,
                            Sec. 101(b)(2)(A), (4)(H)], Nov. 5, 1990, 104
                            Stat. 1439, 1440.)

        399.47  Sec. 907. The baseline

                (a) In general

                    For any budget year, the baseline refers to a projection
                of current-year levels of new budget authority, outlays,
                revenues, and the surplus or deficit into the budget year
                and the outyears based on laws enacted through the
                applicable date.

    [[Page 497]]

                (b) Direct spending and receipts

                    For the budget year and each outyear, the baseline shall
                be calculated using the following assumptions:

                        (1) In general

                                Laws providing or creating direct spending
                            and receipts are assumed to operate in the
                            manner specified in those laws for each such
                            year and funding for entitlement authority is
                            assumed to be adequate to make all payments
                            required by those laws.

                        (2) Exceptions

                                (A) No program with estimated current-year
                            outlays greater than $50 million shall be
                            assumed to expire in the budget year or
                            outyears.
                                (B) The increase for veterans' compensation
                            for a fiscal year is assumed to be the same as
                            that required by law for veterans' pensions
                            unless otherwise provided by law enacted in that
                            session.
                                (C) Excise taxes dedicated to a trust fund,
                            if expiring, are assumed to be extended at
                            current rates.

                        (3) Hospital Insurance Trust Fund

                                Notwithstanding any other provision of law,
                            the receipts and disbursements of the Hospital
                            Insurance Trust Fund shall be included in all
                            calculations required by this Act.

                (c) Discretionary appropriations

                    For the budget year and each outyear, the baseline shall
                be calculated using the following assumptions regarding all
                amounts other than those covered by subsection (b) of this
                section:

                        (1) Inflation of current-year appropriations

                                Budgetary resources other than unobligated
                            balances shall be at the level provided for the
                            budget year in full-year appropriation Acts. If
                            for any account a full-year appropriation has
                            not yet been enacted, budgetary resources other
                            than unobligated balances shall be at the level
                            available in the current year, adjusted
                            sequentially and cumulatively for expiring
                            housing contracts as specified in paragraph (2),
                            for social insurance administrative expenses as
                            specified in paragraph (3), to offset pay
                            absorption and for pay annualization as
                            specified in paragraph (4), for inflation as
                            specified in paragraph (5), and to account for
                            changes required by law in the level of agency
                            payments for personnel benefits other than pay.

                        (2) Expiring housing contracts

                                New budget authority to renew expiring
                            multiyear subsidized housing contracts shall be
                            adjusted to reflect the difference in the number
                            of such contracts that are scheduled to expire
                            in that fiscal year and the number expiring in
                            the current year, with the per-contract renewal
                            cost equal to the average current-year cost of
                            renewal contracts.

                        (3) Social insurance administrative expenses

                                Budgetary resources for the administrative
                            expenses of the following trust funds shall be
                            adjusted by the percentage change in the
                            beneficiary population from the current year to
                            that fiscal year:

    [[Page 498]]

                            the Federal Hospital Insurance Trust Fund, the
                            Supplementary Medical Insurance Trust Fund, the
                            Unemployment Trust Fund, and the railroad
                            retirement account.

                        (4) Pay annualization; offset to pay absorption

                                Current-year new budget authority for
                            Federal employees shall be adjusted to reflect
                            the full 12-month costs (without absorption) of
                            any pay adjustment that occurred in that fiscal
                            year.

                        (5) Inflators

                                The inflator used in paragraph (1) to adjust
                            budgetary resources relating to personnel shall
                            be the percent by which the average of the
                            Bureau of Labor Statistics Employment Cost Index
                            (wages and salaries, private industry workers)
                            for that fiscal year differs from such index for
                            the current year. The inflator used in paragraph
                            (1) to adjust all other budgetary resources
                            shall be the percent by which the average of the
                            estimated gross national product fixed-weight
                            price index for that fiscal year differs from
                            the average of such estimated index for the
                            current year.

                        (6) Current-year appropriations

                                If, for any account, a continuing
                            appropriation is in effect for less than the
                            entire current year, then the current-year
                            amount shall be assumed to equal the amount that
                            would be available if that continuing
                            appropriation covered the entire fiscal year. If
                            law permits the transfer of budget authority
                            among budget accounts in the current year, the
                            current-year level for an account shall reflect
                            transfers accomplished by the submission of, or
                            assumed for the current year in, the President's
                            original budget for the budget year.

                (d) Up-to-date concepts

                    In deriving the baseline for any budget year or outyear,
                current-year amounts shall be calculated using the concepts
                and definitions that are required for that budget year.

                (e) Sale of assets or prepayment of loans

                    The sale of an asset or prepayment of a loan shall not
                alter the deficit or produce any net deficit reduction in
                the budget baseline, except that the budget baseline
                estimate shall include asset sales mandated by law before
                September 18, 1987, and routine, ongoing asset sales and
                loan prepayments at levels consistent with agency operations
                in fiscal year 1986. (Pub. L. 99-177, Title II, Sec. 257,
                Dec. 12, 1985, 99 Stat. 1092; amended Pub. L. 100-119, Title
                I, Secs. 102(b)(4)-(8), 104(c)(2), 106(b), Sept. 29,
                1987, 101 Stat. 773, 774, 777, 780; Pub. L. 101-508, Title
                XIII, Sec. 13101(b), (e), Nov. 5, 1990, 104 Stat. 1388-589.)

       399.47a  Sec. 907a. Suspension in the event of war or low growth

                (a) Procedures in the event of a low-growth report

                        (1) Trigger

                    Whenever CBO issues a low-growth report under section
                254(j), the Majority Leader of the House of Representatives
                may, and the Majority Leader of the Senate shall, introduce
                a joint resolution (in the form set forth in paragraph (2))
                declaring that the conditions specified in

    [[Page 499]]

                section 254(j) are met and suspending the relevant
                provisions of this title, titles III and VI of the
                Congressional Budget Act of 1974, and section 1103 of title
                31, United States Code.

                        (2) Form of joint resolution

                    (A) The matter after the resolving clause in any joint
                resolution introduced pursuant to paragraph (1) shall be as
                follows: That the Congress declares that the conditions
                specified in section 254(j) of the Balanced Budget and
                Emergency Deficit Control Act of 1985 are met, and the
                implementation of the Congressional Budget and Impoundment
                Control Act of 1974, chapter 11 of title 31, United States
                Code, and part C of the Balanced Budget and Emergency
                Deficit Control Act of 1985 are modified as described in
                section 258(b) of the Balanced Budget and Emergency Deficit
                Control Act of 1985.
                    (B) The title of the joint resolution shall be ``Joint
                resolution suspending certain provisions of law pursuant to
                section 258(a)(2) of the Balanced Budget and Emergency
                Deficit Control Act of 1985.''; and the joint resolution
                shall not contain any preamble.

                        (3) Committee action

                    Each joint resolution introduced pursuant to paragraph
                (1) shall be referred to the appropriate committees of the
                House of Representatives or the Committee on the Budget of
                the Senate, as the case may be; and such Committee shall
                report the joint resolution to its House without amendment
                on or before the fifth day on which such House is in session
                after the date on which the joint resolution is introduced.
                If the Committee fails to report the joint resolution within
                the five-day period referred to in the preceding sentence,
                it shall be automatically discharged from further
                consideration of the joint resolution, and the joint
                resolution shall be placed on the appropriate calendar.

                        (4) Consideration of joint resolution

                    (A) A vote on final passage of a joint resolution
                reported to the Senate or discharged pursuant to paragraph
                (3) shall be taken on or before the close of the fifth
                calendar day of session after the date on which the joint
                resolution is reported or after the Committee has been
                discharged from further consideration of the joint
                resolution. If prior to the passage by one House of a joint
                resolution of that House, that House receives the same joint
                resolution from the other House, then--
                                (i) the procedure in that House shall be the
                            same as if no such joint resolution had been
                            received from the other House, but
                                (ii) the vote on final passage shall be on
                            the joint resolution of the other House.

                When the joint resolution is agreed to, the Clerk of the
                House of Representatives (in the case of a House joint
                resolution agreed to in the House of Representatives) or the
                Secretary of the Senate (in the case of a Senate joint
                resolution agreed to in the Senate) shall cause the joint
                resolution to be engrossed, certified, and transmitted to
                the other House of the Congress as soon as practicable.

                    (B)(i) In the Senate, a joint resolution under this
                paragraph shall be privileged. It shall not be in order to
                move to reconsider the vote by which the motion is agreed to
                or disagreed to.
                    (ii) Debate in the Senate on a joint resolution under
                this paragraph, and all debatable motions and appeals in
                connection therewith, shall

    [[Page 500]]

                be limited to not more than five hours. The time shall be
                equally divided between, and controlled by, the majority
                leader and the minority leader or their designees.
                    (iii) Debate in the Senate on any debatable motion or
                appeal in connection with a joint resolution under this
                paragraph shall be limited to not more than one hour, to be
                equally divided between, and controlled by, the mover and
                the manager of the joint resolution, except that in the
                event the manager of the joint resolution is in favor of any
                such motion or appeal, the time in opposition thereto shall
                be controlled by the minority leader or his designee.
                    (iv) A motion in the Senate to further limit debate on a
                joint resolution under this paragraph is not debatable. A
                motion to table or to recommit a joint resolution under this
                paragraph is not in order.
                    (C) No amendment to a joint resolution considered under
                this paragraph shall be in order in the Senate.

                (b) Suspension of sequestration procedures

                    Upon the enactment of a declaration of war or a joint
                resolution described in susbsection (a)--
                                (1) the subsequent issuance of any
                            sequestration report or any sequestration order
                            is precluded;
                                (2) sections 302(f), 310(d), 311(a), and
                            title VI of the Congressional Budget Act of 1974
                            are suspended; and
                                (3) section 1103 of title 31, United States
                            Code, is suspended.

                (c) Restoration of sequestration procedures

                    (1) In the event of a suspension of sequestration
                procedures due to a declaration of war, then, effective with
                the first fiscal year that begins in the session after the
                state of war is concluded by Senate ratification of the
                necessary treaties, the provisions of subsection (b)
                triggered by that declaration of war are no longer
                effective.
                    (2) In the event of a suspension of sequestration
                procedures due to the enactment of a joint resolution
                described in subsection (a), then, effective with regard to
                the first fiscal year beginning at least 12 months after the
                enactment of that resolution, the provisions of subsection
                (b) triggered by that resolution are no longer effective.
                (Pub. L. 99-177, Title II, Sec. 258, as added Pub. L. 101-
                508, Title XIII, Sec. 13101(f), Nov. 5, 1990, 104 Stat.

                       Effective and Termination Dates of Section

                    For effective and termination dates of this section by
                section 275 of Pub. L. 99-177, see Effective and Termination
                Dates notes set out under section 900 of this title.

       399.47b  Sec. 907b. Modification of presidential order

                (a) Introduction of joint resolution

                    At any time after the Director of OMB issues a final
                sequestration report under section 904 of this title for a
                fiscal year, but before the close of the twentieth calendar
                day of the session of Congress beginning after the date of
                issuance of such report, the majority leader of either House
                of Congress may introduce a joint resolution which contains
                provisions directing the President to modify the most recent
                order issued under section 904 of this title or provide an
                alternative to reduce the deficit for such fiscal year.
                After the introduction of the first such joint

    [[Page 501]]

                resolution in either House of Congress in any calendar year,
                then no other joint resolution introduced in such House in
                such calendar year shall be subject to the procedures set
                forth in this section.

                (b) Procedures for consideration of joint resolutions

                        (1) Referral to committee

                    A joint resolution introduced in the Senate under
                subsection (a) of this section shall not be referred to a
                committee of the Senate and shall be placed on the calendar
                pending disposition of such joint resolution in accordance
                with this subsection.

                        (2) Consideration in the Senate

                    On or after the third calendar day (excluding Saturdays,
                Sundays, and legal holidays) beginning after a joint
                resolution is introduced under subsection (a) of this
                section, notwithstanding any rule or precedent of the
                Senate, including Rule XXII of the Standing Rules of the
                Senate, it is in order (even though a previous motion to the
                same effect has been disagreed to) for any Member of the
                Senate to move to proceed to the consideration of the joint
                resolution. The motion is not in order after the eighth
                calendar day (excluding Saturdays, Sundays, and legal
                holidays) beginning after a joint resolution (to which the
                motion applies) is introduced. The joint resolution is
                privileged in the Senate. A motion to reconsider the vote by
                which the motion is agreed to or disagreed to shall not be
                in order. If a motion to proceed to the consideration of the
                joint resolution is agreed to, the Senate shall immediately
                proceed to consideration of the joint resolution without
                intervening motion, order, or other business, and the joint
                resolution shall remain the unfinished business of the
                Senate until disposed of.

                        (3) Debate in the Senate

                    (A) In the Senate, debate on a joint resolution
                introduced under subsection (a) of this section, amendments
                thereto, and all debatable motions and appeals in connection
                therewith shall be limited to not more than 10 hours, which
                shall be divided equally between the majority leader and the
                minority leader (or their designees).
                    (B) A motion to postpone, or a motion to proceed to the
                consideration of other business is not in order. A motion to
                reconsider the vote by which the joint resolution is agreed
                to or disagreed to is not in order, and a motion to recommit
                the joint resolution is not in order.
                    (C)(i) No amendment that is not germane to the
                provisions of the joint resolution or to the order issued
                under section 904 of this title shall be in order in the
                Senate. In the Senate, an amendment, any amendment to an
                amendment, or any debatable motion or appeal is debatable
                for not to exceed 30 minutes to be equally divided between,
                and controlled by, the mover and the majority leader (or
                their designees), except that in the event that the majority
                leader favors the amendment, motion, or appeal, the minority
                leader (or the minority leader's designee) shall control the
                time in opposition to the amendment, motion, or appeal.
                    (ii) In the Senate, an amendment that is otherwise in
                order shall be in order notwithstanding the fact that it
                amends the joint resolution in more than one place or amends
                language previously amended. It shall not be in order in the
                Senate to vote on the question of agreeing to such a joint
                resolution or any amendment thereto unless the figures

    [[Page 502]]

                then contained in such joint resolution or amendment are
                mathematically consistent.

                        (4) Vote on Final Passage

                    Immediately following the conclusion of the debate on a
                joint resolution introduced under subsection (a) of this
                section, a single quorum call at the conclusion of the
                debate if requested in accordance with the rules of the
                Senate, and the disposition of any pending amendments under
                paragraph (3), the vote on final passage of the joint
                resolution shall occur.

                        (5) Appeal

                    Appeals from the decisions of the Chair shall be decided
                without debate.

                        (6) Conference reports

                    In the Senate, points of order under titles III, IV, and
                VI of the Congressional Budget Act of 1974 [2 U.S.C.A.
                Secs. 631 et seq., 651 et seq., and 665 et seq.] are
                applicable to a conference report on the joint resolution or
                any amendments in disagreement thereto.

                        (7) Resolution from other House

                    If, before the passage by the Senate of a joint
                resolution of the Senate introduced under subsection (a) of
                this section, the Senate receives from the House of
                Representatives a joint resolution introduced under
                subsection (a) of this section, then the following
                procedures shall apply:
                                (A) The joint resolution of the House of
                            Representatives shall not be referred to a
                            committee and shall be placed on the calendar.
                                (B) With respect to a joint resolution
                            introduced under subsection (a) of this section
                            in the Senate--

                                    (i) the procedure in the Senate shall be
                                the same as if no joint resolution had been
                                received from the House; but

                                    (ii)(I) the vote on final passage shall
                                be on the joint resolution of the House if
                                it is identical to the joint resolution then
                                pending for passage in the Senate; or

                                    (II) if the joint resolution from the
                                House is not identical to the joint
                                resolution then pending for passage in the
                                Senate and the Senate then passes the Senate
                                joint resolution, the Senate shall be
                                considered to have passed the House joint
                                resolution as amended by the text of the
                                Senate joint resolution.

                                (C) Upon disposition of the joint resolution
                            received from the House, it shall no longer be
                            in order to consider the resolution originated
                            Senate.

                        (8) Senate action on House resolution

                    If the Senate receives from the House of Representatives
                a joint resolution introduced under subsection (a) of this
                section after the Senate has disposed of a Senate originated
                resolution which is identical to the House passed joint
                resolution, the action of the Senate with regard to the
                disposition of the Senate originated joint resolution shall
                be deemed to be the action of the Senate with regard to the
                House originated joint resolution. If it is not identical to
                the House passed joint resolution, then the Senate shall be
                considered to have passed the joint resolution of the House
                as amended by the text of the Senate joint

    [[Page 503]]

                resolution. (Pub. L. 99-177, Title II, Sec. 258A, as added
                Pub. L. 101-508, Title XIII, Sec. 13101(f), Nov. 5, 1990,
                104 Stat. 1388-595.)

                        Effective and Termination Dates of Section

                    For effective and termination dates of this section by
                section 275 of Pub. L. 99-177, see Effective and Termination
                Dates notes set out under section 900 of this title.

       399.47c  Sec. 907c. Flexibility among defense programs, projects, and
                    activities

                (a) Reductions beyond amount specified in presidential order

                    Subject to subsections (b), (c), and (d) of this
                section, new budget authority and unobligated balances for
                any programs, projects, or activities within major
                functional category 050 (other than a military personnel
                account) may be further reduced beyond the amount specified
                in an order issued by the President under section 904 of
                this title for such fiscal year. To the extent such
                additional reductions are made and result in additional
                outlay reductions, the President may provide for lesser
                reductions in new budget authority and unobligated balances
                for other programs, projects, or activities within major
                functional category 050 for such fiscal year, but only to
                the extent that the resulting outlay increases do not exceed
                the additional outlay reductions, and no such program,
                project, or activity may be increased above the level
                actually made available by law in appropriation Acts (before
                taking sequestration into account). In making calculations
                under this subsection, the President shall use account
                outlay rates that are identical to those used in the report
                by the Director of OMB under section 904 of this title.

                (b) Base closures prohibited

                    No actions taken by the President under subsection (a)
                of this section for a fiscal year may result in a domestic
                base closure or realignment that would otherwise be subject
                to section 2687 of Title 10.

                (c) Report and joint resolution required

                    The President may not exercise the authority provided by
                this paragraph\1\ for a fiscal year unless--
                                (1) the President submits a single report to
                            Congress specifying, for each account, the
                            detailed changes proposed to be made for such
                            fiscal year pursuant to this section;
                                (2) that report is submitted within 5
                            calendar days of the start of the next session
                            of Congress; and
                                (3) a joint resolution affirming or
                            modifying the changes proposed by the President
                            pursuant to this paragraph\1\ becomes law.

                (d) Introduction of joint resolution

                    Within 5 calendar days of session after the President
                submits a report to Congress under subsection (c)(1) of this
                section for a fiscal year, the majority leader of each House
                of Congress shall (by request) introduce a joint resolution
                which contains provisions affirming the changes proposed by
                the President pursuant to this paragraph\1\
                    \1\So in original. Probably should read ``this
                    section.''

    [[Page 504]]

                (e) Form and title of joint resolution

                    (1) The matter after the resolving clause in any joint
                resolution introduced pursuant to subsection (d) of this
                section shall be as follows: ``That the report of the
                President as submitted on [Insert Date] under section 258B
                is hereby approved.''
                    (2) The title of the joint resolution shall be ``Joint
                resolution approving the report of the President submitted
                under section 258B of the Balanced Budget and Emergency
                Deficit Control Act of 1985.''
                    (3) Such joint resolution shall not contain any
                preamble.

                (f) Calendaring and consideration of joint resolution in the
                    Senate

                    (1) A joint resolution introduced in the Senate under
                subsection (d) of this section shall be referred to the
                Committee on Appropriations, and if not reported within 5
                calendar days (excluding Saturdays, Sundays, and legal
                holidays) from the date of introduction shall be considered
                as having been discharged therefrom and shall be placed on
                the appropriate calendar pending disposition of such joint
                resolution in accordance with this subsection. In the
                Senate, no amendment proposed in the Committee on
                Appropriations shall be in order other than an amendment (in
                the nature of a substitute) that is germane or relevant to
                the provisions of the joint resolution or to the order
                issued under section 904 of this title. For purposes of this
                paragraph, an amendment shall be considered to be relevant
                if it relates to function 050 (national defense).
                    (2) On or after the third calendar day (excluding
                Saturdays, Sundays, and legal holidays) beginning after a
                joint resolution is placed on the Senate calendar,
                notwithstanding any rule or precedent of the Senate,
                including Rule XXII of the Standing Rules of the Senate, it
                is in order (even though a previous motion to the same
                effect has been disagreed to) for any Member of the Senate
                to move to proceed to the consideration of the joint
                resolution. The motion is not in order after the eighth
                calendar day (excluding Saturdays, Sundays, and legal
                holidays) beginning after such joint resolution is placed on
                the appropriate calendar. The motion is not debatable. The
                joint resolution is privileged in the Senate. A motion to
                reconsider the vote by which the motion is agreed to or
                disagreed to shall not be in order. If a motion to proceed
                to the consideration of the joint resolution is agreed to,
                the Senate shall immediately proceed to consideration of the
                joint resolution without intervening motion, order, or other
                business, and the joint resolution shall remain the
                unfinished business of the Senate until disposed of.

                (g) Debate of joint resolution; motions

                    (1) In the Senate, debate on a joint resolution
                introduced under subsection (d) of this section, amendments
                thereto, and all debatable motions and appeals in connection
                therewith shall be limited to not more than 10 hours, which
                shall be divided equally between the majority leader and the
                minority leader (or their designees).
                    (2) A motion to postpone, or a motion to proceed to the
                consideration of other business is not in order. A motion to
                reconsider the vote by which the joint resolution is agreed
                to or disagreed to is not in order. In the Senate, a motion
                to recommit the joint resolution is not in order.

    [[Page 505]]

                (h) Amendment of joint resolution

                    (1) No amendment that is not germane or relevant to the
                provisions of the joint resolution or to the order issued
                under section 904 of this title shall be in order in the
                Senate. For purposes of this paragraph, an amendment shall
                be considered to be relevant if it relates to function 050
                (national defense). In the Senate, an amendment, any
                amendment to an amendment, or any debatable motion or appeal
                is debatable for not to exceed 30 minutes to be equally
                divided between, and controlled by, the mover and the
                majority leader (or their designees), except that in the
                event that the majority leader favors the amendment, motion,
                or appeal, the minority leader (or the minority leader's
                designee) shall control the time in opposition to the
                amendment, motion, or appeal.
                    (2) In the Senate, an amendment that is otherwise in
                order shall be in order notwithstanding the fact that it
                amends the joint resolution in more than one place or amends
                language previously amended, so long as the amendment makes
                or maintains mathematical consistency. It shall not be in
                order in the Senate to vote on the question of agreeing to
                such a joint resolution or any amendment thereto unless the
                figures then contained in such joint resolution or amendment
                are mathematically consistent.
                    (3) It shall not be in order in the Senate to consider
                any amendment to any joint resolution introduced under
                subsection (d) of this section or any conference report
                thereon if such amendment or conference report would have
                the effect of decreasing any specific budget outlay
                reductions below the level of such outlay reductions
                provided in such joint resolution unless such amendment or
                conference report makes a reduction in other specific budget
                outlays at least equivalent to any increase in outlays
                provided by such amendment or conference report.
                    (4) For purposes of the application of paragraph (3),
                the level of outlays and specific budget outlay reductions
                provided in an amendment shall be determined on the basis of
                estimates made by the Committee on the Budget of the Senate.

                (i) Vote on final passage of joint resolution

                    Immediately following the conclusion of the debate on a
                joint resolution introduced under subsection (d) of this
                section, a single quorum call at the conclusion of the
                debate if requested in accordance with the rules of the
                Senate, and the disposition of any pending amendments under
                subsection (h) of this section, the vote on final passage of
                the joint resolution shall occur.

                (j) Appeal from decision of Chair

                    Appeals from the decisions of the Chair relating to the
                application of the rules of the Senate to the procedure
                relating to a joint resolution described in subsection (d)
                of this section shall be decided without debate.

                (k) Conference reports

                    In the Senate, points of order under titles III [2
                U.S.C.A. Sec. 631 et seq.] and IV [2 U.S.C.A. Sec. 651 et
                seq.] of the Congressional Budget Act of 1974 (including
                points of order under sections 302(c) [2 U.S.C.A.
                Sec. 633(c)], 303(a) [2 U.S.C.A. Sec. 634(a)], 306 [2
                U.S.C.A. Sec. 637], and 401(b)(1) [2 U.S.C.A.
                Sec. 651(b)(1)]) are applicable to a conference report on
                the joint resolution or any amendments in disagreement
                thereto.

    [[Page 506]]

                (l) Resolution from other house

                    If, before the passage by the Senate of a joint
                resolution of the Senate introduced under subsection (d) of
                this section, the Senate receives from the House of
                Representatives a joint resolution introduced under
                subsection (d) of this section, then the following
                procedures shall apply:
                                (1) The joint resolution of the House of
                            Representatives shall not be referred to a
                            committee.
                                (2) With respect to a joint resolution
                            introduced under subsection (d) of this section
                            in the Senate--

                                    (A) the procedure in the Senate shall be
                                the same as if no joint resolution had been
                                received from the House; but

                                    (B)(i) the vote on final passage shall
                                be on the joint resolution of the House if
                                it is identical to the joint resolution then
                                pending for passage in the Senate; or

                                    (ii) if the joint resolution from the
                                House is not identical to the joint
                                resolution then pending for passage in the
                                Senate and the Senate then passes the Senate
                                joint resolution, the Senate shall be
                                considered to have passed the House joint
                                resolution as amended by the text of the
                                Senate joint resolution.

                                (3) Upon disposition of the joint resolution
                            received from the House, it shall no longer be
                            in order to consider the joint resolution
                            originated in the Senate.

                (m) Senate action on House resolution

                    If the Senate receives from the House of Representatives
                a joint resolution introduced under subsection (d) of this
                section after the Senate has disposed of a Senate originated
                joint resolution which is identical to the House passed
                joint resolution, the action of the Senate with regard to
                the disposition of the Senate originated joint resolution
                shall be deemed to be the action of the Senate with regard
                to the House originated joint resolution. If it is not
                identical to the House passed joint resolution, then the
                Senate shall be considered to have passed the joint
                resolution of the House as amended by the text of the Senate
                joint resolution. (Pub.L. 99-177, Title II, Sec. 258B, as
                added Pub.L. 101-508, Title XIII, Sec. 13101(g), Nov. 5,
                1990, 104 Stat. 1388-597.)

       399.47d  Sec. 907d. Special reconciliation process

                (a) Reporting or resolutions and reconciliation bills and
                    resolutions, in the Senate

                        (1) Committee alternatives to presidential order

                    After the submission of an OMB sequestration update
                report under section 904 of this title that envisions a
                sequestration under section 902 of this title or 903 of this
                title, each standing committee of the Senate may, not later
                than October 10, submit to the Committee on the Budget of
                the Senate information of the type described in section
                632(d) of this title with respect to alternatives to the
                order envisioned by such report insofar as such order
                affects laws within the jurisdiction of the committee.

                        (2) Initial budget committee action

                    After the submission of such a report, the Committee on
                the Budget of the Senate may, not later than October 15,
                report to the Senate a resolution. The resolution may affirm
                the impact of the order envi-

    [[Page 507]]

                sioned by such report, in whole or in part. To the extent
                that any part is not affirmed, the resolution shall state
                which parts are not affirmed and shall contain instructions
                to committees of the Senate of the type referred to in
                section 641(a) of this title, sufficient to achieve at least
                the total level of deficit reduction contained in those
                sections which are not affirmed.

                        (3) Response of committees

                    Committees instructed pursuant to paragraph (2), or
                affected thereby, shall submit their responses to the Budget
                Committee no later than 10 days after the resolution
                referred to in paragraph (2) is agreed to, except that if
                only one such Committee is so instructed such Committee
                shall, by the same date, report to the Senate a
                reconciliation bill or reconciliation resolution containing
                its recommendations in response to such instructions. A
                committee shall be considered to have complied with all
                instructions to it pursuant to a resolution adopted under
                paragraph (2) if it has made recommendations with respect to
                matters within its jurisdiction which would result in a
                reduction in the deficit at least equal to the total
                reduction directed by such instructions.

                        (4) Budget committee action

                    Upon receipt of the recommendations received in response
                to a resolution referred to in paragraph (2), the Budget
                Committee shall report to the Senate a reconciliation bill
                or reconciliation resolution, or both, carrying out all such
                recommendations without any substantive revisions. In the
                event that a committee instructed in a resolution referred
                to in paragraph (2) fails to submit any recommendation (or,
                when only one committee is instructed, fails to report a
                reconciliation bill or resolution) in response to such
                instructions, the Budget Committee shall include in the
                reconciliation bill or reconciliation resolution reported
                pursuant to this subparagraph legislative language within
                the jurisdiction of the noncomplying committee to achieve
                the amount of deficit reduction directed in such
                instructions.

                        (5) Point of order

                    It shall not be in order in the Senate to consider any
                reconciliation bill or reconciliation resolution reported
                under paragraph (4) with respect to a fiscal year, any
                amendment thereto, or any conference report thereon if--
                                (A) the enactment of such bill or resolution
                            as reported;
                                (B) the adoption and enactment of such
                            amendment; or
                                (C) the enactment of such bill or resolution
                            in the form recommended in such conference
                            report,

                would cause the amount of the deficit for such fiscal year
                to exceed the maximum deficit amount for such fiscal year,
                unless the low-growth report submitted under section 904 of
                this title projects negative real economic growth for such
                fiscal year, or for each of any two consecutive quarters
                during such fiscal year.

                        (6) Treatment of certain amendments

                    In the Senate, an amendment which adds to a resolution
                reported under paragraph (2) an instruction of the type
                referred to in such paragraph shall be in order during the
                consideration of such resolution if such amendment would be
                in order but for the fact that it would be

    [[Page 508]]

                held to be non-germane on the basis that the instruction
                constitutes new matter.

                        (7) Definition

                    For purposes of paragraphs (1), (2), and (3), the term
                ``day'' shall mean any calendar day on which the Senate is
                in session.

                (b) Procedures

                        (1) In general

                    Except as provided in paragraph (2), in the Senate the
                provisions of sections 636 and 641 of this title for the
                consideration of concurrent resolutions on the budget and
                conference reports thereon shall also apply to the
                consideration of resolutions, and reconciliation bills and
                reconciliation resolutions reported under this paragraph and
                conference reports thereon.

                        (2) Limit on debate

                    Debate in the Senate on any resolution reported pursuant
                to subsection (a)(2) of this section, and all amendments
                thereto and debatable motions and appeals in connection
                therewith, shall be limited to 10 hours.

                        (3) Limitation on amendments

                    Section 636(d)(2) of this title shall apply to
                reconciliation bills and reconciliation resolutions reported
                under this subsection.

                        (4) Bills and resolutions received from the House

                    Any bill or resolution received in the Senate from the
                House, which is a companion to a reconciliation bill or
                reconciliation resolution of the Senate for the purposes of
                this subsection, shall be considered in the Senate pursuant
                to the provisions of this subsection.

                        (5) Definition

                    For purposes of this subsection, the term ``resolution''
                means a simple, joint, or concurrent resolution. (Pub. L.
                99-177, Title II, Sec. 258C, as added Pub. L. 101-508, Title
                XIII, Sec. 13101(g), Nov. 5, 1990, 104 Stat. 1388-602.)

                       Effective an Termination Dates of Section.

                    For effective and termination dates of this section by
                section 275 of Pub. L. 99-177, see Effective and Termination
                Dates notes set out under section 900 of this title.

       399.49e  Sec. 908. Modification of Presidential order

                (a) Introduction of joint resolution

                    At any time after the Director of OMB issues a report
                under section 901(c)(2) of this title for a fiscal year, but
                before the close of the tenth calendar day of session in
                that session of Congress beginning after the date of
                issuance of such report, the majority leader of either House
                of Congress may introduce a joint resolution which contains
                provisions directing the President to modify the most recent
                order issued under section 902 of this title for such fiscal
                year. After the introduction of the first such joint
                resolution in either House of Congress in any calendar year,
                then no other joint resolution introduced in such House

    [[Page 509]]

                in such calendar year shall be subject to the procedures set
                forth in this section.

                (b) Procedures for consideration of joint resolutions

                        (1) No referral to committee

                    A joint resolution introduced in the Senate or the House
                of Representatives under subsection (a) of this section
                shall not be referred to a committee of the Senate or the
                House of Representatives, as the case may be, and shall be
                placed on the appropriate calendar pending disposition of
                such joint resolution in accordance with this subsection.

                        (2) Immediate consideration

                    On or after the third calendar day (excluding Saturdays,
                Sundays, and legal holidays) beginning after a joint
                resolution is introduced under subsection (a) of this
                section, notwithstanding any rule or precedent of the
                Senate, including Rule 22 of the Standing Rules of the
                Senate, it is in order (even through a previous motion to
                the same effect has been disagreed to) for any Member of the
                respective House to move to proceed to the consideration of
                the joint resolution, and all points of order against the
                joint resolution (and against consideration of the joint
                resolution) are waived, except for points or order under
                titles III [2 U.S.C.A. Sec. 631 et seq.] or IV [2 U.S.C.A.
                Sec. 651 et seq.] of the Congressional Budget Act of 1974.
                The motion is not in order after the eighth calendar day
                (excluding Saturdays, Sundays, and legal holidays) beginning
                after a joint resolution (to which the motion applies) is
                introduced. The motion is highly privileged in the House of
                Representatives and is privileged in the Senate and is not
                debatable. The motion is not subject to amendment, or to a
                motion to postpone, or to a motion to proceed to the
                consideration of other business. A motion to reconsider the
                vote by which the motion is agreed to or disagreed to shall
                not be in order. If a motion to proceed to the consideration
                of the joint resolution is agreed to, the respective House
                shall immediately proceed to consideration of the joint
                resolution without intervening motion, order, or other
                business, and the joint resolution shall remain the
                unfinished business of the respective House until disposed
                of.

                        (3) Debate

                    (A) In the Senate, debate on a joint resolution
                introduced under subsection (a) of this section, amendment
                thereto, and all debatable motions and appeals in connection
                therewith shall be limited to not more than 10 hours, which
                shall be divided equally between the majority leader and the
                minority leader (or their designees). In the House, general
                debate on a joint resolution introduced under subsection (a)
                of this section shall be limited to not more than 4 hours
                which shall be equally divided between the majority and
                minority leaders.
                    (B) A motion to postpone, or a motion to proceed to the
                consideration of other business is not in order. A motion to
                reconsider the vote by which the joint resolution is agreed
                to or disagreed to is not in order. In the Senate, a motion
                to recommit the joint resolution is not in order. In the
                House, a motion further to limit debate is in order and not
                debatable. In the House, a motion to recommit is in order.
                    (C)(i) In the House of Representatives, an amendment and
                any amendment thereto is debatable for not to exceed 30
                minutes to be equally

    [[Page 510]]

                divided between the proponent of the amendment and a Member
                opposed thereto.
                    (ii) No amendment that is not germane or relevant to the
                provisions of the joint resolution or to the order issued
                under section 902(b)(1) of this title shall be in order in
                the Senate. In the Senate, an amendment, any amendment to an
                amendment, or any debatable motion or appeal is debatable
                for not to exceed 30 minutes to be equally divided between
                the majority leader and the minority leader (or their
                designees).
                    (iii) In the Senate, an amendment that is otherwise in
                order shall be in order notwithstanding the fact that it
                amends the joint resolution in more than one place or amends
                language previously amended. It shall not be in order in the
                Senate to vote on the question of agreeing to such a joint
                resolution or any amendment thereto unless the figures then
                contained in such a joint resolution or amendment are
                mathematically consistent.

                        (4) Vote on final passage

                    Immediately following the conclusion of the debate on a
                joint resolution introduced under subsection (a) of this
                section, a single quorum call at the conclusion of the
                debate if requested in accordance with the rules of the
                appropriate House, and the disposition of any amendments
                under paragraph (3) (except for the motion to recommit in
                the House of Representatives), the vote on final passage of
                the joint resolution shall occur.

                        (5) Appeal

                    Appeals from the decisions of the Chair relating to the
                application of the rules of the Senate or the House of
                Representatives, as the case may be, to the procedure
                relating to a joint resolution described in subsection (a)
                of this section shall be decided without debate.

                        (6) Conference reports

                    In the Senate, points of order under titles III [2
                U.S.C.A. Sec. 631 et seq.] and IV [2 U.S.C.A. Sec. 651 et
                seq.] of the Congressional Budget Act of 1974 (including
                points of order under sections 302(c) [2 U.S.C.A.
                Sec. 633(c)], 303(a) [2 U.S.C.A. Sec. 634(a)], 306 [2
                U.S.C.A. Sec. 637], and 401(b)(1) [2 U.S.C.A.
                Sec. 651(b)(1)]) are applicable to a conference report on
                the joint resolution or any amendments in disagreement
                thereto.

                        (7) Resolution from other house

                    If, before the passage by the Senate of a joint
                resolution of the Senate introduced under subsection (a) of
                this section, the Senate receives from the House of
                Representatives a joint resolution introduced under
                subsection (a), of this section, then the following
                procedures shall apply:
                                (A) The joint resolution of the House of
                            Representatives shall not be referred to a
                            committee.
                                (B) With respect to a joint resolution
                            introduced under subsection (a) of this section
                            in the Senate--

                                    (i) the procedure in the Senate shall be
                                the same as if no joint resolution had been
                                received from the House; but

                                    (ii)(I) the vote on final passage shall
                                be on the joint resolution of the House if
                                it is identical to the joint resolution then
                                pending for passage in the Senate; or

    [[Page 511]]

                                    (II) if the joint resolution from the
                                House is not identical to the joint
                                resolution then pending for passage in the
                                Senate and the Senate then passes it, the
                                Senate shall be considered to have passed
                                the joint resolution as amended by the text
                                of the Senate joint resolution.

                                (C) Upon disposition of the joint resolution
                            received from the House, it shall no longer be
                            in order to consider the resolution originated
                            in the Senate.

                        (8) Senate action on House resolution

                    If the Senate receives from the House of Representatives
                a joint resolution introduced under subsection (a) of this
                section after the Senate has disposed of a Senate originated
                resolution which is identical to the House passed joint
                resolution, the action of the Senate with regard to the
                disposition of the Senate originated joint resolution shall
                be deemed to be the action of the Senate with regard to the
                House originated joint resolution. If it is not identical to
                the House passed joint resolution, then the Senate shall be
                considered to have passed the joint resolution of the House
                as amended by the text of the Senate joint resolution. (Pub.
                L. 99-177, Title II, Sec. 258, as added Pub. L. 100-119,
                Title I, Sec. 105(a), Sept. 29, 1987, 101 Stat. 778.)

                   SUBTITLE B--JOHN C. STENNIS CENTER FOR PUBLIC SERVICE
                                  TRAINING AND DEVELOPMENT

        399.50  Sec. 1101. Congressional findings

                    The Congress makes the following findings:
                                (1) Senator John C. Stennis of the State of
                            Mississippi has served his State and country
                            with distinction for more than 60 years as a
                            public servant, including service in the United
                            States Senate for a period of 41 years.
                                (2) Senator Stennis has a distinguished
                            record as a United States Senator, including
                            service as the first Chairman of the Select
                            Committee on Ethics, Chairman of the Committee
                            on Armed Services, Chairman of the Committee on
                            Appropriations, and President pro tempore of the
                            Senate.
                                (3) Senator Stennis has long maintained a
                            special interest in and devotion to the
                            development of leadership and excellence in
                            public service.
                                (4) There is a compelling need to encourage
                            outstanding young people to pursue public
                            service on a career basis and to provide public
                            service leadership training opportunities for
                            individuals serving in State and local
                            governments and for individuals serving as
                            employees of Members of Congress.
                                (5) It would be a fitting tribute to Senator
                            Stennis and to his leadership, integrity, and
                            years of devoted public service to establish in
                            his name a center for the training and
                            development of leadership and excellence in
                            public service. (Pub. L. 100-458, Title I,
                            Sec. 112, Oct. 1, 1988, 102 Stat. 2172.)

        399.51  Sec. 1102. Definitions

                    In this subtitle:

    [[Page 512]]

                                (1) The term ``Center'' means the John C.
                            Stennis Center for Public Service Training and
                            Development established under section 1103(a).
                                (2) The term ``Board'' means the Board of
                            Trustees of the John C. Stennis Center for
                            Public Service Training and Development
                            established under section 1103(b).
                                (3) The term ``fund'' means the John C.
                            Stennis Center for Public Service Training and
                            Development Trust Fund provided for under
                            section 1105. (Pub. L. 100-458, Title I,
                            Sec. 113, Oct. 1, 1988, 102 Stat. 2172.)

        399.52  Sec. 1103. Establishment of the John C. Stennis Center for
                    Public Service Training and Development

                    (a) Establishment.--There is established in the
                legislative branch of the Government a center to be known as
                the ``John C. Stennis Center for Public Service Training and
                Development''.
                    (b) Board of Trustees.--The Center shall be subject to
                the supervision and direction of a Board of Trustees. The
                Board shall be composed of seven members, as follows:
                                (1) Two members to be appointed by the
                            majority leader of the Senate.
                                (2) One member to be appointed by the
                            minority leader of the Senate.
                                (3) Two members to be appointed by the
                            Speaker of the House of Representatives.
                                (4) One member to be appointed by the
                            minority leader of the House of Representatives.
                                (5) The Executive Director of the Center,
                            who shall serve as an ex-officio member of the
                            Board.
                    (c) Term of Office.--The term of office of each member
                of the Board appointed under paragraphs (1), (2), (3), and
                (4) of subsection (b) shall be six years, except that--
                                (1) the members first appointed under
                            paragraphs (1) and (2) shall serve, as
                            designated by the majority leader of the Senate,
                            one for a term of two years, one for a term of
                            four years, and one for a term of six years;
                                (2) the members first appointed under
                            paragraphs (3) and (4) shall serve, as
                            designated by the Speaker of the House of
                            Representatives, one for a term of two years,
                            one for a term of four years, and one for a term
                            of six years; and
                                (3) a member appointed to fill a vacancy
                            shall serve for the remainder of the term for
                            which his predecessor was appointed and shall be
                            appointed in the same manner as the original
                            appointment for that vacancy was made.
                    (d) Travel and Subsistence Pay.--Members of the Board
                (other than the Executive Director) shall serve without pay,
                but shall be entitled to reimbursement for travel,
                subsistence, and other necessary expenses incurred in the
                performance of their duties.
                    (e) Location of Center.--The Center shall be located at
                or near Starkville, Mississippi, the location of Mississippi
                State University. (Pub. L. 100-458, Title I, Sec. 114, Oct.
                1, 1988, 102 Stat. 2173.)

        399.53  Sec. 1104. Purposes and authority of the Center

                    (a) Purposes of Center.--The purposes of the Center
                shall be--

    [[Page 513]]

                                (1) to increase awareness of the importance
                            of public service, to foster among the youth of
                            the United States greater recognition and
                            understanding of the role of public service in
                            the development of the United States, and to
                            promote public service as a career choice;
                                (2) to provide training and development
                            opportunities for State and local elected
                            government officials and employees of State and
                            local governments in order to assist such
                            officials and employees to become more effective
                            and more efficient in performing their public
                            duties and develop their potential for accepting
                            increased public service opportunities; and
                                (3) to provide training and development
                            opportunities for those employees of Members of
                            the Congress who perform key roles in helping
                            Members of Congress serve the people of the
                            United States.
                    (b) Authority of Center.--The Center is authorized,
                consistent with this subtitle, to develop such programs,
                activities, and services as it considers appropriate to
                carry out the purposes of this subtitle. Such authority
                shall include the following:
                                (1) The development and implementation of
                            educational programs for secondary and post-
                            secondary schools and colleges designed--

                                    (A) to improve the attitude of students
                                toward public service;

                                    (B) to encourage students to consider
                                public service as a career goal;

                                    (C) to create a better understanding of
                                the important role that people in public
                                service have played in the growth and
                                development of the United States; and

                                    (D) to foster a sense of civic
                                responsibility among the youth of the United
                                States.

                                (2) The development and implementation of
                            programs designed--

                                    (A) to enhance skills and abilities of
                                public service employees and elected
                                officials at the State and local levels of
                                government;

                                    (B) to make such officials more
                                productive and effective in the performance
                                of their duties; and

                                    (C) to help prepare such employees and
                                officials to assume greater responsibilities
                                in the field of public service.

                                (3) The development and implementation of
                            congressional staff training programs designed
                            to equip congressional staff personnel to
                            perform their duties more effectively and
                            efficiently.
                                (4) The development and implementation of
                            media and telecommunications production
                            capabilities to assist the Center in expanding
                            the reach of its programs throughout the United
                            States.
                                (5) The establishment of library and
                            research facilities for the collection and
                            compilation of research materials for use in
                            carrying out the programs of the Center.
                    (c) Program Priorities.--The Board of Trustees shall
                determine the priority of the programs to be carried out
                under this subtitle and the amount of funds to be allocated
                for such programs. (Pub. L. 100-458, Title I, Sec. 115, Oct.
                1, 1988, 102 Stat. 2173.)

        399.54  Sec. 1105. John C. Stennis Center for Public Service
                    Development Trust Fund

                    (a) Establishment of Fund.--There is established in the
                Treasury of the United States a trust fund to be known as
                the ``John C. Stennis Center for Public Service Development
                Trust Fund''. The fund shall

    [[Page 514]]

                consist of amounts appropriated to it pursuant to section
                1110 and amounts credited to it under subsection (d).
                    (b) Investment of Fund Assets.--(1) It shall be the duty
                of the Secretary of the Treasury to invest in full the
                amounts appropriated to the fund. Such investments may be
                made only in interest bearing obligations of the United
                States or in obligations guaranteed as to both principal and
                interest by the United States. For such purpose, such
                obligations may be acquired on original issue at the issue
                price or by purchase of outstanding obligations at the
                marketplace.
                    (2) The purposes for which obligations of the United
                States may be issued under the Second Liberty Bond Act are
                hereby extended to authorize the issuance at par of special
                obligations exclusively to the fund. Such special
                obligations shall bear interest at a rate equal to the
                average rate of interest, computed as to the end of the
                calendar month next preceding the date of such issue, borne
                by all marketable interest bearing obligations of the United
                States then forming a part of the public debt, except that
                when such average rate is not a multiple of one-eighth of
                one percent, the rate of interest of such special
                obligations shall be the multiple of one-eighth of one
                percent next lower than such average rate. Such special
                obligations shall be issued only if the Secretary determines
                that the purchase of other interest bearing obligations of
                the United States, or of obligations guaranteed as to both
                principal and interest by the United States or original
                issue or at the market price, is not in the public interest.
                    (c) Authority To Sell Obligations.--Any obligation
                acquired by the fund (except special obligations issued
                exclusively to the fund) may be sold by the Secretary of the
                Treasury at the market price, and such special obligations
                may be redeemed at par plus accrued interest.
                    (d) Proceeds From Certain Transactions Credited to
                Fund.--In addition to the appropriations received pursuant
                to section 1110 of this title, the interest on, and the
                proceeds from the sale or redemption of, any obligations
                held in the fund pursuant to section 1108(a) of this title,
                shall be credited to and form a part of the fund. (Pub. L.
                100-458, Title I, Sec. 116, Oct. 1, 1988, 102 Stat. 2174;
                Pub. L. 101-520, Title III, Sec. 313(a), Nov. 5, 1990, 104
                Stat. 2282.)

        399.55  Sec. 1106. Expenditures and Audit of Trust Fund

                    (a) In General.--The Secretary of the Treasury is
                authorized to pay to the Center from the interest and
                earnings of the fund, and moneys credited to the fund
                pursuant to section 1108(a) of this title, such sums as the
                Board determines are necessary and appropriate to enable the
                Center to carry out the provisions of this chapter.
                    (b) Audit by GAO.--The activities of the Center under
                this subtitle may be audited by the General Accounting
                Office under such rules and regulations as may be prescribed
                by the Comptroller General of the United States.
                Representatives of the General Accounting Office shall have
                access to all books, accounts, records, reports, and files
                and all other papers, things, or property belonging to or in
                use by the Center, pertaining to such activities and
                necessary to facilitate the audit. (Pub. L. 100-458, Title
                I, Sec. 117, Oct. 1, 1988, 102 Stat. 2175; Pub. L. 101-520,
                Title III, Sec. 313(b), Nov. 5, 1990, 104 Stat. 2282.)

    [[Page 515]]

        399.56  Sec. 1107. Executive Director of Center

                    (a) Appointment by Board.--(1) There shall be an
                Executive Director of the Center who shall be appointed by
                the Board. The Executive Director shall be the chief
                executive officer of the Center and shall carry out the
                functions of the Center subject to the supervision and
                direction of the Board. The Executive Director shall carry
                out such other functions consistent with the provisions of
                this subtitle as the Board shall prescribe.
                    (2) The Executive Director shall not be eligible to
                serve as Chairman of the Board.
                    (b) Compensation.--The Executive Director of the Center
                shall be compensated at the rate specified for employees in
                grade GS-18 of the General Schedule under section 5332 of
                title 5, United States Code. (Pub. L. 100-458, Title I,
                Sec. 118, Oct. 1, 1988, 102 Stat. 2175.)

        399.57  Sec. 1108. Administrative provisions

                    (a) In General.--In order to carry out the provisions of
                this subtitle, the Center may--
                                (1) appoint and fix the compensation of such
                            personnel as may be necessary to carry out the
                            provisions of this subtitle, except that in no
                            case shall employees other than the Executive
                            Director be compensated at a rate to exceed the
                            maximum rate for employees in grade GS-15 of the
                            General Schedule under section 5332 of title 5,
                            United States Code;
                                (2) procure temporary and intermittent
                            services of experts and consultants as are
                            necessary to the extent authorized by section
                            3109 of title 5, United States Code, but at
                            rates not to exceed the rate specified at the
                            time of such service for grade GS-18 under
                            section 5332 of such title;
                                (3) prescribe such regulations as it
                            considers necessary governing the manner in
                            which its functions shall be carried out;
                                (4) solicit and receive money and other
                            property donated, bequeathed, or devised,
                            without condition or restriction other than it
                            be used for the purposes of the Center, and to
                            use, sell, or otherwise dispose of such property
                            for the purpose of carrying out its functions;
                                (5) accept and utilize the services of
                            voluntary and noncompensated personnel and
                            reimburse them for travel expenses, including
                            per diem, as authorized by section 5703 of title
                            5, United States Code;
                                (6) enter into contracts, grants, or other
                            arrangements, or modifications thereof, to carry
                            out the provisions of this subtitle, and such
                            contracts or modifications thereof may, with the
                            concurrence of two-thirds of the members of the
                            Board, be entered into without performance or
                            other bonds, and without regard to section 3709
                            of the Revised Statutes (41 U.S.C. 5);
                                (7) make expenditures for official reception
                            and representation expenses as well as
                            expenditures for meals, entertainment and
                            refreshments in connection with official
                            training sessions or other authorized programs
                            or activities;
                                (8) apply for, receive and use for the
                            purposes of the Center grants or other
                            assistance from Federal sources;

    [[Page 516]]

                                (9) establish, receive and use for the
                            purposes of the Center fees or other charges for
                            goods or services provided in fulfilling the
                            Center's purposes to persons not enumerated in
                            section 1104(b) of this title;
                                (10) invest, as specified in section 1105(b)
                            of this title, moneys authorized to be received
                            under this section; and
                                (11) make other necessary expenditures.
                    (b) Annual Report.--The Center shall submit to Congress
                an annual report of its operations under this subtitle.
                (Pub. L. 100-458, Title I, Sec. 119, Oct. 1, 1988, 102 Stat.
                2176; Pub. L. 101-163, Title III, Sec. 320, Nov. 21, 1989,
                103 Stat. 1068; Pub. L. 101-520, Title III, Sec. 313(c),
                Nov, 5, 1990, 104 Stat. 2282.)

                                       Cross Reference

                    Authority of the Library of Congress to provide
                financial services, see section 142j of title 2, United
                States Code (Senate Manual Section 323.5).

        399.58  Sec. 1109. Authorization for appropriations

                    There are authorized to be appropriated such sums as may
                be necessary to carry out this subtitle. (Pub. L. 100-458,
                Title I, Sec. 120, Oct. 1, 1988, 102 Stat. 2176.)

        399.59  Sec. 1110. Appropriations

                    There is appropriated to the fund the sum of $7,500,000
                to carry out this subtitle. (Oct. 1, 1988, Pub. L. 100-458,
                Sec. 111-121, 102 Stat. 2172-2176.)

                           Chapter 23--GOVERNMENT EMPLOYEE RIGHTS

        399.60  Sec. 1201. Government Employee Rights Act of 1991

                (a) Short title

                    This chapter may be cited as the ``Government Employee
                Rights Act of 1991''.

                (b) Purpose

                    The purpose of this chapter is to provide procedures to
                protect the rights of certain government employees, with
                respect to their public employment, to be free of
                discrimination on the basis of race, color, religion, sex,
                national origin, age, or disability.

                (c) Definition

                    For purposes of this subchapter, the term ``violation''
                means a practice that violates section 1202(a) of this
                title. (Pub. L. 102-166, title III, Sec. 301, Nov. 21, 1991,
                105 Stat. 1088; Pub. L. 103-283, title III, Sec. 312(f)(1),
                July 22, 1994, 108 Stat. 1446; Pub. L. 104-1, title V,
                Sec. 504(a)(1), Jan. 23, 1995, 109 Stat. 40.)

        399.61  Sec. 1202. Discriminatory practices prohibited

                (a) Practices

                    All personnel actions affecting the Presidential
                appointees described in section 1203 of this title or the
                State employees described in section 1204 of this title
                shall be made free from any discrimination based on--
                        (1) race, color, religion, sex, or national origin,
                    within the meaning of section 717 of the Civil Rights
                    Act of 1964 (42 U.S.C. 2000e-16);

    [[Page 517]]

                        (2) age, within the meaning of section 15 of the Age
                    Discrimination in Employment Act of 1967 (29 U.S.C.
                    633a); or
                        (3) disability, within the meaning of section 501 of
                    the Rehabilitation Act of 1973 (29 U.S.C. 791) and
                    sections 102 through 104 of the Americans with
                    Disabilities Act of 1990 (42 U.S.C. 12112-14).

                (b) Remedies

                    The remedies referred to in sections 1203(a)(1) and
                1204(a) of this title--
                        (1) may include, in the case of a determination that
                    a violation of subsection (a)(1) or (a)(3) of this
                    section has occurred, such remedies as would be
                    appropriate if awarded under sections 706(g), 706(k),
                    and 717(d) of the Civil Rights Act of 1964 (42 U.S.C.
                    2000e-5(g), 2000e-5(k), 2000e-16(d), and such
                    compensatory damages as would be appropriate if awarded
                    under section 1977 or sections 1977A(a) and 1977A(b)(2)
                    of the Revised Statutes (42 U.S.C. 1981 and 1981a(a) and
                    (b)(2));
                        (2) may include, in the case of a determination that
                    a violation of subsection (a)(2) of this section has
                    occurred, such remedies as would be appropriate if
                    awarded under section 15(c) of the Age Discrimination in
                    Employment Act of 1967 (29 U.S.C. 633a(c)); and
                        (3) may not include punitive damages. (Pub. L. 102-
                    166, title III, Sec. 302, Nov. 21, 1991, 105 Stat. 1088;
                    Pub. L. 104-1, title V, Sec. 504(a)(1), Jan. 23, 1995,
                    109 Stat. 40.)

                [Secs. 1203 to 1218 repealed.] (Pub. L. 104-1, title V,
                Sec. 504(a)(2), Jan. 23, 1995, 109 Stat. 41.)

        399.62  Sec. 1219. Coverage of presidential appointees

                (a) In general

                        (1) Application

                            The rights, protections, and remedies provided
                        pursuant to section 1202 of this title shall apply
                        with respect to employment of Presidential
                        appointees.

                        (2) Enforcement by administrative action

                            Any Presidential appointee may file a complaint
                        alleging a violation, not later than 180 days after
                        the occurrence of the alleged violation, with the
                        Equal Employment Opportunity Commission, or such
                        other entity as is designated by the President by
                        Executive Order, which, in accordance with the
                        principles and procedures set forth in sections 554
                        through 557 of title 5, United States Code, shall
                        determine whether a violation has occurred and shall
                        set forth its determination in a final order. If the
                        Equal Employment Opportunity Commission, or such
                        other entity as is designated by the President
                        pursuant to this section, determines that a
                        violation has occurred, the final order shall also
                        provide for appropriate relief.

                        (3) Judicial review

                                (A) In general
                                    Any party aggrieved by a final order
                                under paragraph (2) may petition for review
                                by the United States Court of Appeals for
                                the Federal Circuit.
                                (B) Law applicable
                                    Chapter 158 of title 28, United States
                                Code [28 U.S.C. 2341 et seq.], shall apply
                                to a review under this section except that
                                the Equal Employment Opportunity Commission
                                or such other

    [[Page 518]]

                                entity as the President may designate under
                                paragraph (2) shall be an ``agency'' as that
                                term is used in chapter 158 of title 28,
                                United States Code [28 U.S.C. 2341 et seq.].
                                (C) Standard of review
                                    To the extent necessary to decision and
                                when presented, the reviewing court shall
                                decide all relevant questions of law and
                                interpret constitutional and statutory
                                provisions. The court shall set aside a
                                final order under paragraph (2) if it is
                                determined that the order was--
                                        (i) arbitrary, capricious, an abuse
                                    of discretion, or otherwise not
                                    consistent with law;
                                        (ii) not made consistent with
                                    required procedures; or
                                        (iii) unsupported by substantial
                                    evidence.
                                    In making the foregoing determinations,
                                the court shall review the whole record or
                                those parts of it cited by a party, and due
                                account shall be taken of the rule of
                                prejudicial error.
                                (D) Attorney's fees
                                    If the presidential appointee is the
                                prevailing party in a proceeding under this
                                section, attorney's fees may be allowed by
                                the court in accordance with the standards
                                prescribed under section 2000e-5(k) of title
                                42.

                (b) Presidential appointee

                    For purposes of this section, the term ``Presidential
                appointee'' means any officer or employee, or an applicant
                seeking to become an officer or employee, in any unit of the
                Executive Branch, including the Executive Office of the
                President, whether appointed by the President or by any
                other appointing authority in the Executive Branch, who is
                not already entitled to bring an action under any of the
                statutes referred to in section 1202 of this title but does
                not include any individual--
                        (1) whose appointment is made by and with the advice
                    and consent of the Senate;
                        (2) who is appointed to an advisory committee, as
                    defined in section 3(2) of the Federal Advisory
                    Committee Act (5 U.S.C. App.); or
                        (3) who is a member of the uniformed services. (Pub.
                    L. 102-166, title III, Sec. 303, formerly Sec. 320,
                    renumbered Sec. 303, and amended Pub. L. 104-1, title V,
                    Sec. 504(a)(3), (4), Jan. 23, 1995, 109 Stat. 41.)

        399.63  Sec. 1220. Coverage of previously exempt State employees

                (a) Application

                    The rights, protections, and remedies provided pursuant
                to section 1202 of this title shall apply with respect to
                employment of any individual chosen or appointed, by a
                person elected to public office in any State or political
                subdivision of any State by the qualified voters thereof--
                        (1) to be a member of the elected official's
                    personal staff;
                        (2) to serve the elected official on the
                    policymaking level; or
                        (3) to serve the elected official as an immediate
                    advisor with respect to the exercise of the
                    constitutional or legal powers of the office.

                (b) Enforcement by administrative action

                        (1) In general
                            Any individual referred to in subsection (a) of
                        this section may file a complaint alleging a
                        violation, not later than 180 days after the
                        occurrence of the alleged violation, with the Equal
                        Employment

    [[Page 519]]

                        Opportunity Commission, which, in accordance with
                        the principles and procedures set forth in sections
                        554 through 557 of title 5, United States Code,
                        shall determine whether a violation has occurred and
                        shall set forth its determination in a final order.
                        If the Equal Employment Opportunity Commission
                        determines that a violation has occurred, the final
                        order shall also provide for appropriate relief.
                        (2) Referral to State and local authorities
                                (A) Application.--Section 2000e-5(d) of
                            Title 42 shall apply with respect to any
                            proceeding under this section.
                                (B) Definition.--For purposes of the
                            application described in subparagraph (A), the
                            term ``any charge filed by a member of the
                            Commission alleging an unlawful employment
                            practice'' means a complaint filed under this
                            section.

                (c) Judicial review

                    Any party aggrieved by a final order under subsection
                (b) of this section may obtain a review of such order under
                chapter 158 of title 28, United States Code [28 U.S.C. 2341
                et seq.]. For the purpose of this review, the Equal
                Employment Opportunity Commission shall be an ``agency'' as
                that term is used in chapter 158 of title 28, United States
                Code [28 U.S.C. 2341 et seq.].

                (d) Standard of review

                    To the extent necessary to decision and when presented,
                the reviewing court shall decide all relevant questions of
                law and interpret constitutional and statutory provisions.
                The court shall set aside a final order under subsection (b)
                of this section if it is determined that the order was--
                        (1) arbitrary, capricious, an abuse of discretion,
                    or otherwise not consistent with law;
                        (2) not made consistent with required procedures; or
                        (3) unsupported by substantial evidence.
                    In making the foregoing determinations, the court shall
                review the whole record or those parts of it cited by a
                party, and due account shall be taken of the rule of
                prejudicial error.

                (e) Attorney's fees

                    If the individual referred to in subsection (a) of this
                section is the prevailing party in a proceeding under this
                subsection, attorney's fees may be allowed by the court in
                accordance with the standards prescribed under section
                2000e-5(k) of title 42. (Pub. L. 102-166, title III,
                Sec. 304, formerly Sec. 321, renumbered Sec. 304, and
                amended Pub. L. 104-1, title V, Sec. 504(a)(3), (4), Jan.
                23, 1995, 109 Stat. 41.)

                [Secs. 1221 to 1224 repealed.] (Pub. L. 104-1, title V,
                Sec. 504(a)(2), Jan. 23, 1995, 109 Stat. 41.)

        399.70          Chapter 24.--CONGRESSIONAL ACCOUNTABILITY

                                   Subchapter I.--General

                Sec. 1301. Definitions

      399.70-1      Except as otherwise specifically provided in this
                chapter, as used in this chapter:

                        (1) Board

                            The term ``Board'' means the Board of Directors
                        of the Office of Compliance.

    [[Page 520]]

                        (2) Chair
                            The term ``Chair'' means the Chair of the Board
                        of Directors of the Office of Compliance.
                        (3) Covered employee
                            The term ``covered employee'' means any employee
                        of--
                                (A) the House of Representatives;
                                (B) the Senate;
                                (C) the Capitol Guide Service;
                                (D) the Capitol Police;
                                (E) the Congressional Budget Office;
                                (F) the Office of the Architect of the
                            Capitol;
                                (G) the Office of the Attending Physician;
                                (H) the Office of Compliance; or
                                (I) the Office of Technology Assessment.
                        (4) Employee
                            The term ``employee'' includes an applicant for
                        employment and a former employee.
                        (5) Employee of the Office of the Architect of the
                    Capitol
                            The term ``employee of the Office of the
                        Architect of the Capitol'' includes any employee of
                        the Office of the Architect of the Capitol, the
                        Botanic Garden, or the Senate Restaurants.
                        (6) Employee of the Capitol Police
                            The term ``employee of the Capitol Police''
                        includes any member or officer of the Capitol
                        Police.
                        (7) Employee of the House of Representatives
                            The term ``employee of the House of
                        Representatives'' includes an individual occupying a
                        position the pay for which is disbursed by the Clerk
                        of the House of Representatives, or another official
                        designated by the House of Representatives, or any
                        employment position in an entity that is paid with
                        funds derived from the clerk-hire allowance of the
                        House of Representatives but not any such individual
                        employed by any entity listed in subparagraphs (C)
                        through (I) of paragraph (3).
                        (8) Employee of the Senate
                            The term ``employee of the Senate'' includes any
                        employee whose pay is disbursed by the Secretary of
                        the Senate, but not any such individual employed by
                        any entity listed in subparagraphs (C) through (I)
                        of paragraph (3).
                        (9) Employing office
                            The term ``employing office'' means--
                                (A) the personal office of a Member of the
                            House of Representatives or of a Senator;
                                (B) a committee of the House of
                            Representatives or the Senate or a joint
                            committee;
                                (C) any other office headed by a person with
                            the final authority to appoint, hire, discharge,
                            and set the terms, conditions, or privileges of
                            the employment of an employee of the House of
                            Representatives or the Senate; or
                                (D) the Capitol Guide Board, the Capitol
                            Police Board, the Congressional Budget Office,
                            the Office of the Architect of the Capitol, the
                            Office of the Attending Physician, the Office of
                            Compliance, and the Office of Technology
                            Assessment.
                        (10) Executive Director

    [[Page 521]]

                            The term ``Executive Director'' means the
                        Executive Director of the Office of Compliance.
                        (11) General Counsel
                            The term ``General Counsel'' means the General
                        Counsel of the Office of Compliance.
                        (12) Office
                            The term ``Office'' means the Office of
                        Compliance. (Pub. L. 104-1, title I, Sec. 101, Jan.
                        23, 1995, 109 Stat. 3.)

      399.70-2  Sec. 1302. Application of laws

                (a) Laws made applicable

                    The following laws shall apply, as prescribed by this
                chapter, to the legislative branch of the Federal
                Government:
                        (1) The Fair Labor Standards Act of 1938 (29 U.S.C.
                    201 et seq.).
                        (2) Title VII of the Civil Rights Act of 1964 (42
                    U.S.C. 2000e et seq.).
                        (3) The Americans with Disabilities Act of 1990 (42
                    U.S.C. 12101 et seq.)
                        (4) The Age Discrimination in Employment Act of 1967
                    (29 U.S.C. 621 et seq.).
                        (5) The Family and Medical Leave Act of 1993 (29
                    U.S.C. 2611 et seq.).
                        (6) The Occupational Safety and Health Act of 1970
                    (29 U.S.C. 651 et seq.).
                        (7) Chapter 71 (relating to Federal service labor-
                    management relations) of title 5.
                        (8) The Employee Polygraph Protection Act of 1988
                    (29 U.S.C. 2001 et seq.).
                        (9) The Worker Adjustment and Retraining
                    Notification Act (29 U.S.C. 2101 et seq.).
                        (10) The Rehabilitation Act of 1973 (29 U.S.C. 701
                    et seq.).
                        (11) Chapter 43 (relating to veterans' employment
                    and reemployment) of title 38.
                (b) Laws which may be made applicable
                        (1) In general
                            The Board shall review provisions of Federal law
                        (including regulations) relating to (A) the terms
                        and conditions of employment (including hiring,
                        promotion, demotion, termination, salary, wages,
                        overtime compensation, benefits, work assignments or
                        reassignments, grievance and disciplinary
                        procedures, protection from discrimination in
                        personnel actions, occupational health and safety,
                        and family and medical and other leave) of
                        employees, and (B) access to public services and
                        accommodations.
                        (2) Board report
                            Beginning on December 31, 1996, and every 2
                        years thereafter, the Board shall report on (A)
                        whether or to what degree the provisions described
                        in paragraph (1) are applicable or inapplicable to
                        the legislative branch, and (B) with respect to
                        provisions inapplicable to the legislative branch,
                        whether such provisions should be made applicable to
                        the legislative branch. The presiding officers of
                        the House of Representatives and the Senate shall
                        cause each such report to be printed in the
                        Congressional Record and each such

    [[Page 522]]

                        report shall be referred to the committees of the
                        House of Representatives and the Senate with
                        jurisdiction.
                        (3) Reports of congressional committees
                            Each report accompanying any bill or joint
                        resolution relating to terms and conditions of
                        employment or access to public services or
                        accommodations reported by a committee of the House
                        of Representatives or the Senate shall--
                                (A) describe the manner in which the
                            provisions of the bill or joint resolution apply
                            to the legislative branch; or
                                (B) in the case of a provision not
                            applicable to the legislative branch, include a
                            statement of the reasons the provisions does not
                            apply.
                            On the objection of any Member, it shall not be
                        in order for the Senate or the House of
                        Representatives to consider any such bill or joint
                        resolution if the report of the committee on such
                        bill or joint resolution does not comply with the
                        provisions of this paragraph. This paragraph may be
                        waived in either House by majority vote of that
                        House. (Pub. L. 104-1, title I, Sec. 102, Jan. 23,
                        1995, 109 Stat. 5.)

        399.71       Subchapter II.--Extension of Rights and Protections

                Part A--Employment Discrimination, Family and Medical Leave,
                Fair Labor Standards, Employee Polygraph Protection, Worker
                 Adjustment and Retraining, Employment and Reemployment of
                                 Veterans, and Intimidation

      399.71-1  Sec. 1311. Rights and protections under Title VII of the
                    Civil Rights Act of 1964, the Age Discrimination in
                    Employment Act of 1967, the Rehabilitation Act of 1973,
                    and Title I of the Americans With Disabilities Act of
                    1990
                (a) Discriminatory practices prohibited
                    All personnel actions affecting covered employees shall
                be made free from any discrimination based on--
                        (1) race, color, religion, sex, or national origin,
                    within the meaning of section 703 of the Civil Rights
                    Act of 1964 (42 U.S.C. 2000e-2);
                        (2) age, within the meaning of section 15 of the Age
                    Discrimination in Employment Act of 1967 (29 U.S.C.
                    633a); or
                        (3) disability, within the meaning of section 501 of
                    the Rehabilitation Act of 1973 (29 U.S.C. 791) and
                    sections 102 through 104 of the Americans with
                    Disabilities Act of 1990 (42 U.S.C. 12112-12114).
                (b) Remedy
                        (1) Civil rights
                            The remedy for a violation of subsection (a)(1)
                        of this section shall be--
                                (A) such remedy as would be appropriate if
                            awarded under section 706(g) of the Civil Rights
                            Act of 1964 (42 U.S.C. 2000e-5(g)); and
                                (B) such compensatory damages as would be
                            appropriate if awarded under section 1977 of the
                            Revised Statutes (42 U.S.C. 1981), or as would
                            be appropriate if awarded under sections
                            1977A(a)(1), 1977A(b)(2), and, irrespective of
                            the size of the em-

    [[Page 523]]

                            ploying office, 1977A(b)(3)(D) of the Revised
                            Statutes (42 U.S.C. 1981a(a)(1), 1981a(b)(2),
                            and 1981a(b)(3)(D)).
                        (2) Age discrimination
                            The remedy for a violation of subsection (a)(2)
                        of this section shall be--
                                (A) such remedy as would be appropriate if
                            awarded under section 15(c) of the Age
                            Discrimination in Employment Act of 1967 (29
                            U.S.C. 633a(c)); and
                                (B) such liquidated damages as would be
                            appropriate if awarded under section 7(b) of
                            such Act (29 U.S.C. 626(b)).
                    In addition, the waiver provisions of section 7(f) of
                such Act (29 U.S.C. 626(f)) shall apply to covered
                employees.
                        (3) Disabilities discrimination
                            The remedy for a violation of subsection (a)(3)
                        of this section shall be--
                                (A) such remedy as would be appropriate if
                            awarded under section 505(a)(1) of the
                            Rehabilitation Act of 1973 (29 U.S.C.
                            794a(a)(1)) or section 107(a) of the Americans
                            with Disabilities Act of 1990 (42 U.S.C.
                            12117(a)); and
                                (B) such compensatory damages as would be
                            appropriate if awarded under sections
                            1977A(a)(2), 1977A(a)(3), 1977A(b)(2), and,
                            irrespective of the size of the employing
                            office, 1977A(b)(3)(D) of the Revised Statutes
                            (42 U.S.C. 1981a(a)(2), 1981a(a)(3),
                            1981a(b)(2), and 1981a(b)(3)(D)).
                (c) Omitted
                (d) Effective date
                    This section shall take effect 1 year after January 23,
                1995. (Pub. L. 104-1, title II, Sec. 201, Jan. 23, 1995, 109
                Stat. 7.)

      399.71-2  Sec. 1312. Rights and protections under the Family and
                    Medical Leave Act of 1993

                (a) Family and medical leave rights and protections provided
                        (1) In general
                            The rights and protections established by
                        sections 101 through 105 of the Family and Medical
                        Leave Act of 1993 (29 U.S.C. 2611 through 2615)
                        shall apply to covered employees.
                        (2) Definition
                            For purposes of the application described in
                        paragraph (1)--
                                (A) the term ``employer'' as used in the
                            Family and Medical Leave Act of 1993 means any
                            employing office, and
                                (B) the term ``eligible employee'' as used
                            in the Family and Medical Leave Act of 1993
                            means a covered employee who has been employed
                            in any employing office for 12 months and for at
                            least 1,250 hours of employment during the
                            previous 12 months.
                (b) Remedy
                    The remedy for a violation of subsection (a) of this
                section shall be such remedy, including liquidated damages,
                as would be appropriate if awarded under paragraph (1) of
                section 107(a) of the Family and Medical Leave Act of 1993
                (29 U.S.C. 2617(a)(1)).
                (c) Omitted.
                (d) Regulations

    [[Page 524]]

                        (1) In general
                            The Board shall, pursuant to section 1384 of
                        this title, issue regulations to implement the
                        rights and protections under this section.
                            (2) Agency regulations
                            The regulations issued under paragraph (1) shall
                        be the same as substantive regulations promulgated
                        by the Secretary of Labor to implement the statutory
                        provisions referred to in subsection (a) of this
                        section except insofar as the Board may determine,
                        for good cause shown and stated together with the
                        regulation that a modification of such regulations
                        would be more effective for the implementation of
                        the rights and protections under this section.
                (e) Effective date
                        (1) In general
                            Subsections (a) and (b) of this section shall be
                        effective 1 year after January 23, 1995.
                        (2) General Accounting Office and Library of
                    Congress
                            Subsection (c) of this section shall be
                        effective 1 year after transmission to the Congress
                        of the study under section 1371 of this title. (Pub.
                        L. 104-1, title II, Sec. 202, Jan. 23, 1995, 109
                        Stat. 9.)

      399.71-3  Sec. 1313. Rights and protections under the Fair Labor
                    Standards Act of 1938
                (a) Fair labor standards
                        (1) In general
                            The rights and protections established by
                        subsections (a)(1) and (d) of section 6, section 7,
                        and section 12(c) of the Fair Labor Standards Act of
                        1938 (29 U.S.C. 206 (a)(1) and (d), 207, 212(c))
                        shall apply to covered employees.
                        (2) Interns
                            For the purposes of this section, the term
                        ``covered employee'' does not include an intern as
                        defined in regulations under subsection (c) of this
                        section.
                        (3) Compensatory time.
                            Except as provided in regulations under
                        subsection (c)(3) of this section, covered employees
                        may not receive compensatory time in lieu of
                        overtime compensation.
                (b) Remedy
                    The remedy for a violation of subsection (a) of this
                section shall be such remedy, including liquidated damages,
                as would be appropriate if awarded under section 16(b) of
                the Fair Labor Standards Act of 1938 (29 U.S.C. 216(b)).
                (c) Regulations to implement section
                        (1) In general
                            The Board shall, pursuant to section 1384 of
                        this title, issue regulations to implement this
                        section.
                        (2) Agency regulations
                            Except as provided in paragraph (3), the
                        regulations issued under paragraph (1) shall be the
                        same substantive regulations promulgated by the
                        Secretary of Labor to implement the statutory
                        provisions referred to in subsection (a) of this
                        section except insofar as the Board may determine,
                        for good cause shown and stated together with the
                        regulation, that a modification of such regulations
                        would be more effective for the implementation of
                        the rights and protections under this section.

    [[Page 525]]

                            (3) Irregular work schedules
                            The Board shall issue regulations for covered
                        employees whose work schedules directly depend on
                        the schedule of the House of Representatives or the
                        Senate that shall be comparable to the provisions in
                        the Fair Labor Standards Act of 1938 that apply to
                        employees who have irregular work schedules.
                (d) Omitted. (Codified at 29 U.S.C. 203)
                (e) Effective date
                    Subsections (a) and (b) of this section shall be
                effective 1 year after January 23, 1995. (Pub. L. 104-1,
                title II, Sec. 203, Jan. 23, 1995, 109 Stat. 10.)

      399.71-4  Sec. 1314. Rights and protections under the Employee
                    Polygraph Protection Act of 1988
                (a) Polygraph practices prohibited
                        (1) In general
                            No employing office, irrespective of whether a
                        covered employee works in that employing office, may
                        require a covered employee to take a lie detector
                        test where such a test would be prohibited if
                        required by an employer under paragraph (1), (2), or
                        (3) of section 3 of the Employee Polygraph
                        Protection Act of 1988 (29 U.S.C. 2002 (1), (2), or
                        (3)). In addition, the waiver provisions of section
                        6(d) of such Act (29 U.S.C. 2005(d)) shall apply to
                        covered employees.
                        (2) Definitions
                            For purposes of this section, the term ``covered
                        employee'' shall include employees of the General
                        Accounting Office and the Library of Congress and
                        the term ``employing office'' shall include the
                        General Accounting Office and the Library of
                        Congress.
                        (3) Capitol Police
                            Nothing in this section shall preclude the
                        Capitol Police from using lie detector tests in
                        accordance with regulations under subsection (c) of
                        this section.
                (b) Remedy
                    The remedy for a violation of subsection (a) of this
                section shall be such remedy as would be appropriate if
                awarded under section 6(c)(1) of the Employee Polygraph
                Protection Act of 1988 (29 U.S.C. 2005(c)(1)).
                (c) Regulations to implement section
                        (1) In general
                            The Board shall, pursuant to section 1384 of
                        this title, issue regulations to implement this
                        section.
                        (2) Agency regulations
                            The regulations issued under paragraph (1) shall
                        be the same as substantive regulations promulgated
                        by the Secretary of Labor to implement the statutory
                        provisions referred to in subsections (a) and (b) of
                        this section except insofar as the Board may
                        determine, for good cause shown and stated together
                        with the regulation, that a modification of such
                        regulations would be more effective for the
                        implementation of the rights and protections under
                        this section.
                (d) Effective date
                        (1) In general
                            Except as provided in paragraph (2), subsections
                        (a) and (b) of this section shall be effective 1
                        year after January 23, 1995.
                        (2) General Accounting Office and Library of
                    Congress

    [[Page 526]]

                            This section shall be effective with respect to
                        the General Accounting Office and the Library of
                        Congress 1 year after transmission to the Congress
                        of the study under section 1371 of this title. (Pub.
                        L. 104-1, title II, Sec. 204, Jan. 23, 1995, 109
                        Stat. 10.)
      399.71-5  Sec. 1315. Rights and protections under the Worker
                    Adjustment and Retraining Notification Act
                (a) Worker adjustment and retraining notification rights
                        (1) In general
                            No employing office shall be closed or a mass
                        layoff ordered within the meaning of section 3 of
                        the Worker Adjustment and Retraining Notification
                        Act (29 U.S.C. 2102) until the end of a 60-day
                        period after the employing office serves written
                        notice of such prospective closing or layoff to
                        representatives of covered employees or, if there
                        are no representatives, to covered employees.
                        (2) Definitions
                            For purposes of this section, the term ``covered
                        employee'' shall include employees of the General
                        Accounting Office and the Library of Congress and
                        the term ``employing office'' shall include the
                        General Accounting Office and the Library of
                        Congress.
                (b) Remedy
                    The remedy for a violation of subsection (a) of this
                section shall be such remedy as would be appropriate if
                awarded under paragraphs (1), (2), and (4) of section 5(a)
                of the Worker Adjustment and Retraining Notification Act (29
                U.S.C. 2104(a) (1), (2), and (4)).
                (c) Regulations to implement section
                        (1) In general
                            The Board shall, pursuant to section 1384 of
                        this title, issue regulations to implement this
                        section.
                        (2) Agency regulations
                            The regulations issued under paragraph (1) shall
                        be the same as substantive regulations promulgated
                        by the Secretary of Labor to implement the statutory
                        provisions referred to in subsection (a) of this
                        section except insofar as the Board may determine,
                        for good cause shown and stated together with the
                        regulation, that a modification of such regulations
                        would be more effective for the implementation of
                        the rights and protections under this section.
                (d) Effective date
                        (1) In general
                            Except as provided in paragraph (2), subsections
                        (a) and (b) of this section shall be effective 1
                        year after January 23, 1995.
                        (2) General Accounting Office and Library of
                    Congress
                            This section shall be effective with respect to
                        the General Accounting Office and the Library of
                        Congress 1 year after transmission to the Congress
                        of the study under section 1371 of this title. (Pub.
                        L. 104-1, title II, Sec. 205, Jan. 23, 1995, 109
                        Stat. 11.)
      399.71-6  Sec. 1316. Rights and protections relating to veterans'
                    employment and reemployment
                (a) Employment and reemployment rights of members of the
                uniformed services
                        (1) In general
                            It shall be unlawful for an employing office
                        to--

    [[Page 527]]

                                (A) discriminate, within the meaning of
                            subsections (a) and (b) of section 4311 of title
                            38, against an eligible employee;
                                (B) deny to an eligible employee
                            reemployment rights within the meaning of
                            sections 4312 and 4313 of title 38; or
                                (C) deny to an eligible employee benefits
                            within the meaning of sections 4316, 4317, and
                            4318 of title 38.
                        (2) Definitions
                            For purposes of this section--
                                (A) the term ``eligible employee'' means a
                            covered employee performing service in the
                            uniformed services, within the meaning of
                            section 4303(13) of title 38, whose service has
                            not been terminated upon occurrence of any of
                            the events enumerated in section 4304 of title
                            38,
                                (B) the term ``covered employee'' includes
                            employees of the General Accounting Office and
                            the Library of Congress, and
                                (C) the term ``employing office'' includes
                            the General Accounting office and the Library of
                            Congress.
                (b) Remedy
                    The remedy for a violation of subsection (a) of this
                section shall be such remedy as would be appropriate if
                awarded under paragraphs (1), (2)(A), and (3) of section
                4323 (c) of title 38.
                (c) Regulations to implement section
                        (1) In general
                            The Board shall, pursuant to section 1384 of
                        this title, issue regulations to implement this
                        section.
                        (2) Agency regulations
                            The regulations issued under paragraph (1) shall
                        be the same as substantive regulations promulgated
                        by the Secretary of Labor to implement the statutory
                        provisions referred to in subsection (a) of this
                        section except to the extent that the Board may
                        determine, for good cause shown and stated together
                        with the regulation, that a modification of such
                        regulations would be more effective for the
                        implementation of the rights and protections under
                        this section.
                (d) Effective date
                        (1) In general
                            Except as provided in paragraph (2), subsections
                        (a) and (b) of this section shall be effective 1
                        year after January 23, 1994.
                        (2) General Accounting Office and Library of
                    Congress
                            This section shall be effective with respect to
                        the General Accounting Office and the Library of
                        Congress 1 year after transmission to the Congress
                        of the study under section 1371 of this title. (Pub.
                        L. 104-1, title II, Sec. 206, Jan. 23, 1995, 109
                        Stat. 12.)
      399.71-7  Sec. 1317. Prohibition of intimidation or reprisal
                (a) In general
                    It shall be unlawful for an employing office to
                intimidate, take reprisal against, or otherwise discriminate
                against, any covered employee because the covered employee
                has opposed any practice made unlawful by this chapter, or
                because the covered employee has initiated proceedings, made
                a charge, or testified, assisted, or participated in any
                manner in a hearing or other proceeding under this chapter.

    [[Page 528]]

                (b) Remedy
                    The remedy available for a violation of subsection (a)
                of this section shall be such legal or equitable remedy as
                may be appropriate to redress a violation of subsection (a)
                of this section. (Pub. L. 104-1, title II, Sec. 207, Jan.
                23, 1995, 109 Stat. 13.)

                    Part B--Public Services and Accommodations Under the
                          Americans With Disabilities Act of 1990

        399.72  Sec. 1331. Rights and protections under the Americans With
                    Disabilities Act of 1990 relating to public services and
                    accommodations; procedures for remedy of violations
                (a) Entities subject to this section
                    The requirements of this section shall apply to--
                        (1) each office of the Senate, including each office
                    of a Senator and each committee;
                        (2) each office of the House of Representatives,
                    including each office of a Member of the House of
                    Representatives and each committee;
                        (3) each joint committee of the Congress;
                        (4) the Capitol Guide Service;
                        (5) the Capitol Police;
                        (6) the Congressional Budget Office;
                        (7) the Office of the Architect of the Capitol
                    (including the Senate Restaurants and the Botanic
                    Garden);
                        (8) the Office of the Attending Physician;
                        (9) the Office of Compliance; and
                        (10) the Office of Technology Assessment.
                (b) Discrimination in public services and accommodations
                        (1) Rights and protections
                            The rights and protections against
                        discrimination in the provision of public services
                        and accommodations established by sections 201
                        through 230, 302, 303, and 309 of the Americans With
                        Disabilities Act of 1990 (42 U.S.C. 12131-12150,
                        12182, 12183, and 12189) shall apply to the entities
                        listed in subsection (a) of this section.
                        (2) Definitions
                            For purposes of the application of title II of
                        the Americans With Disabilities Act of 1990 (42
                        U.S.C. 12131 et seq.) under this section, the term
                        ``public entity'' means any entity listed in
                        subsection (a) of this section that provides public
                        services, programs, or activities.
                (c) Remedy
                    The remedy for a violation of subsection (b) of this
                section shall be such remedy as would be appropriate if
                awarded under section 203 or 308(a) of the Americans With
                Disabilities Act of 1990 (42 U.S.C. 12133, 12188(a)), except
                that, with respect to any claim of employment discrimination
                asserted by any covered employee, the exclusive remedy shall
                be under section 201 of this title.
                (d) Available procedures
                        (1) Charge filed with General Counsel
                            A qualified individual with a disability, as
                        defined in section 201(2) of the Americans With
                        Disabilities Act of 1990 (42 U.S.C. 12131(2)), who
                        alleges a violation of subsection (b) of this
                        section by an entity listed in subsection (a) of
                        this section, may file a charge against any entity
                        responsible for correcting the violation

    [[Page 529]]

                        with the General Counsel within 180 days of the
                        occurrence of the alleged violation. The General
                        Counsel shall investigate the charge.
                        (2) Mediation
                            If, upon investigation under paragraph (1), the
                        General Counsel believes that a violation of
                        subsection (b) of this section may have occurred and
                        that mediation may be helpful in resolving the
                        dispute, the General Counsel may request, but not
                        participate in, mediation under subsections (b)
                        through (d) of section 1403 of this title between
                        the charging individual and any entity responsible
                        for correcting the alleged violation.
                        (3) Complaint, hearing, Board review
                            If mediation under paragraph (2) has not
                        succeeded in resolving the dispute, and if the
                        General Counsel believes that a violation of
                        subsection (b) of this section may have occurred,
                        the General Counsel may file with the Office a
                        complaint against any entity responsible for
                        correcting the violation. The complaint shall be
                        submitted to a hearing officer for decision pursuant
                        to subsections (b) through (h) of section 1405 of
                        this title and any person who has filed a charge
                        under paragraph (1) may intervene as of right, with
                        the full rights of a party. The decision of the
                        hearing officer shall be subject to review by the
                        Board pursuant to section 1406 of this title.
                        (4) Judicial review
                            A charging individual who has intervened under
                        paragraph (3) or any respondent to the complaint, if
                        aggrieved by a final decision of the Board under
                        paragraph (3), may file a petition for review in the
                        United States Court of Appeals for the Federal
                        Circuit, pursuant to section 1407 of this title.
                        (5) Compliance date
                            If new appropriated funds are necessary to
                        comply with an order requiring correction of a
                        violation of subsection (b) of this section,
                        compliance shall take place as soon as possible, but
                        no later than the fiscal year following the end of
                        the fiscal year in which the order requiring
                        correction becomes final and not subject to further
                        review.
                (e) Regulations to implement section
                        (1) In general
                            The Board shall, pursuant to section 1384 of
                        this title, issue regulations to implement this
                        section.
                        (2) Agency regulations
                            The regulations issued under paragraph (1) shall
                        be the same as substantive regulations promulgated
                        by the Attorney General and the Secretary of
                        Transportation to implement the statutory provisions
                        referred to in subsection (b) of this section except
                        to the extent that the Board may determine, for good
                        cause shown and stated together with the regulation,
                        that a modification of such regulations would be
                        more effective for the implementation of the rights
                        and protections under this section.
                        (3) Entity responsible for correction
                            The regulations issued under paragraph (1) shall
                        include a method of identifying, for purposes of
                        this section and for categories of viola-

    [[Page 530]]

                        tions of subsection (b) of this section, the entity
                        responsible for correction of a particular
                        violation.
                (f) Periodic inspections; report to Congress; initial study
                        (1) Periodic inspections
                            On a regular basis, and at least once each
                        Congress, the General Counsel shall inspect the
                        facilities of the entities listed in subsection (a)
                        of this section to ensure compliance with subsection
                        (b) of this section.
                        (2) Report
                            On the basis of each periodic inspection, the
                        General Counsel shall, at least once every Congress,
                        prepare and submit a report--
                                (A) to the Speaker of the House of
                            Representatives, the President pro tempore of
                            the Senate, and the Office of the Architect of
                            the Capitol, or other entity responsible, for
                            correcting the violation of this section
                            uncovered by such inspection, and
                                (B) containing the results of the periodic
                            inspection, describing any steps necessary to
                            correct any violation of this section, assessing
                            any limitations in accessibility to and
                            usability by individuals with disabilities
                            associated with each violation, and the
                            estimated cost and time needed for abatement.

                        (3) Initial period for study and corrective action
                            The period from January 23, 1995 until December
                        31, 1996, shall be available to the Office of the
                        Architect of the Capitol and other entities subject
                        to this section to identify any violations of
                        subsection (b) of this section, to determine the
                        costs of compliance, and to take any necessary
                        corrective action to abate any violations. The
                        Office shall assist the Office of the Architect of
                        the Capitol and other entities listed in subsection
                        (a) of this section by arranging for inspections and
                        other technical assistance at their request. Prior
                        to July 1, 1996, the General Counsel shall conduct a
                        thorough inspection under paragraph (1) and shall
                        submit the report under paragraph (2) for the One
                        Hundred Fourth Congress.
                        (4) Detailed personnel
                            The Attorney General, the Secretary of
                        Transportation, and the Architectural and
                        Transportation Barriers Compliance Board may, on
                        request of the Executive Director, detail to the
                        Office such personnel as may be necessary to advise
                        and assist the Office in carrying out its duties
                        under this section.
                (g) Omitted. (Codified at 42 U.S.C. 12209)
                (h) Effective date
                        (1) In general
                            Subsections (b), (c), and (d) of this section
                        shall be effective on January 1, 1997.
                        (2) General Accounting Office, Government Printing
                    Office, and Library of Congress
                            Subsection (g) of this section shall be
                        effective 1 year after transmission to the Congress
                        of the study under section 1371 of this title. (Pub.
                        L. 104-1, title II, Sec. 210, Jan. 23, 1995, 109
                        Stat. 13.)
        399.73
                     Part C--Occupational Safety and Health Act of 1970

      399.73-1  Sec. 1341. Rights and protections under the Occupational
                    Safety and Health Act of 1970; procedures for remedy of
                    violations
                (a) Occupational safety and health protections

    [[Page 531]]

                        (1) In general
                            Each employing office and each covered employee
                        shall comply with the provisions of section 5 of the
                        Occupational Safety and Health Act of 1970 (29
                        U.S.C. 654).
                        (2) Definitions
                            For purposes of the application under this
                        section of chapter 15 of title 29--
                                (A) the term ``employer'' as used in such
                            chapter means an employing office;
                                (B) the term ``employee'' as used in such
                            chapter means a covered employee;
                                (C) the term ``employing office'' includes
                            the General Accounting Office, the Library of
                            Congress, and any entity listed in subsection
                            (a) of section 1331 of this title that is
                            responsible for correcting a violation of this
                            section, irrespective of whether the entity has
                            an employment relationship with any covered
                            employee in any employing office in which such a
                            violation occurs; and
                                (D) the term ``employee'' includes employees
                            of the General Accounting Office and the Library
                            of Congress.
                (b) Remedy
                    The remedy for a violation of subsection (a) of this
                section shall be an order to correct the violation,
                including such order as would be appropriate if issued under
                section 13(a) of the Occupational Safety and Health Act of
                1970 (29 U.S.C. 662(a)).
                (c) Procedures
                        (1) Requests for inspections
                            Upon written request of any employing office or
                        covered employee, the General Counsel shall exercise
                        the authorities granted to the Secretary of Labor by
                        subsections (a), (d), (e), and (f) of section 8 of
                        the Occupational Safety and Health Act of 1970 (29
                        U.S.C. 657 (a), (d), (e), and (f)) to inspect and
                        investigate places of employment under the
                        jurisdiction of employing offices.
                        (2) Citations, notices, and notifications
                            For purposes of this section, the General
                        Counsel shall exercise the authorities granted to
                        the Secretary of Labor in sections 9 and 10 of the
                        Occupational Safety and Health Act of 1970 (29
                        U.S.C. 658 and 659), to issue--
                                (A) a citation or notice to any employing
                            office responsible for correcting a violation of
                            subsection (a) of this section; or
                                (B) a notification to any employing office
                            that the General Counsel believes has failed to
                            correct a violation for which a citation has
                            been issued within the period permitted for its
                            correction.
                        (3) Hearings and review
                            If after issuing a citation or notification, the
                        General Counsel determines that a violation has not
                        been corrected, the General Counsel may file a
                        complaint with the Office against the employing
                        office named in the citation or notification. The
                        complaint shall be submitted to a hearing officer
                        for decision pursuant to subsections (b) through (h)
                        of section 1405 of this title, subject to review by
                        the Board pursuant to section 1406 of this title.
                        (4) Variance procedures
                            An employing office may request from the Board
                        an order granting a variance from a standard made
                        applicable by this section. For

    [[Page 532]]

                        the purposes of this section, the Board shall
                        exercise the authorities granted to the Secretary of
                        Labor in sections 6(b)(6) and 6(d) of the
                        Occupational Safety and Health Act of 1970 (29
                        U.S.C. 655(b)(6) and 655(d)) to act on any employing
                        office's request for a variance. The Board shall
                        refer the matter to a hearing officer pursuant to
                        subsections (b) through (h) of section 1405 of this
                        title, subject to review by the Board pursuant to
                        section 1406 of this title.
                        (5) Judicial review
                            The General Counsel or employing office
                        aggrieved by a final decision of the Board under
                        paragraph (3) or (4), may file a petition for review
                        with the United States Court of Appeals for the
                        Federal Circuit pursuant to section 1407 of this
                        title.
                        (6) Compliance date
                            If new appropriated funds are necessary to
                        correct a violation of subsection (a) of this
                        section for which a citation is issued, or to comply
                        with an order requiring correction of such a
                        violation, correction or compliance shall take place
                        as soon as possible, but not later than the end of
                        the fiscal year following the fiscal year in which
                        the citation is issued or the order requiring
                        correction becomes final and not subject to further
                        review.
                (d) Regulations to implement section
                        (1) In general
                            The Board shall, pursuant to section 1384 of
                        this title, issue regulations to implement this
                        section.
                        (2) Agency regulations
                            The regulations issued under paragraph (1) shall
                        be the same as substantive regulations promulgated
                        by the Secretary of Labor to implement the statutory
                        provisions referred to in subsection (a) of this
                        section except to the extent that the Board may
                        determine, for good cause shown and stated together
                        with the regulation, that a modification of such
                        regulations would be more effective for the
                        implementation of the rights and protections under
                        this section.
                        (3) Employing office responsible for correction
                            The regulations issued under paragraph (1) shall
                        include a method of identifying, for purposes of
                        this section and for different categories of
                        violations of subsection (a), the employing office
                        responsible for correction of a particular
                        violation.
                (e) Periodic inspections; report to Congress
                        (1) Periodic inspections
                            On a regular basis, and at least once each
                        Congress, the General Counsel, exercising the same
                        authorities of the Secretary of Labor as under
                        subsection (c)(1) of this section, shall conduct
                        periodic inspections of all facilities of the House
                        of Representatives, the Senate, the Capitol Guide
                        Service, The Capitol Police, the Congressional
                        Budget Office, the Office of the Architect of the
                        Capitol, the Office of the Attending Physician, the
                        Office of Compliance, the Office of Technology
                        Assessment, the Library of Congress, and the General
                        Accounting Office to report on compliance with
                        subsection (a) of this section.
                        (2) Report
                            On the basis of each periodic inspection, the
                        General Counsel shall prepare and submit a report--

    [[Page 533]]

                                (A) to the Speaker of the House of
                            Representatives, the President pro tempore of
                            the Senate, and the Office of the Architect of
                            the Capitol or other employing office
                            responsible for correcting the violation of this
                            section uncovered by such inspection, and
                                (B) containing the results of the periodic
                            inspection, identifying the employing office
                            responsible for correcting the violation of this
                            section uncovered by such inspection, describing
                            any steps necessary to correct any violation of
                            this section, and assessing any risks to
                            employee health and safety associated with any
                            violation.
                            (3) Action after report
                            If a report identifies any violation of this
                        section, the General Counsel shall issue a citation
                        or notice in accordance with subsection (c)(2)(A) of
                        this section.
                            (4) Detailed personnel
                            The Secretary of Labor may, on request of the
                        Executive Director, detail to the Office such
                        personnel as may be necessary to advise and assist
                        the Office in carrying out its duties under this
                        section.
                (f) Initial period for study and corrective action
                    The period from January 23, 1995 until December 31,
                1996, shall be available to the Office of the Architect of
                the Capitol and other employing offices to identify any
                violations of subsection (a) of this section, to determine
                the costs of compliance, and to take any necessary
                corrective action to abate any violations. The Office shall
                assist the Office of the Architect of the Capitol and other
                employing offices by arranging for inspections and other
                technical assistance at their request. Prior to July 1,
                1996, the General Counsel shall conduct a thorough
                inspection under subsection (e)(1) of this section and shall
                submit the report under subsection (e)(2) of this section
                for the One Hundred Fourth Congress.
                (g) Effective date
                        (1) In general
                            Except as provided in paragraph (2), subsections
                        (a), (b), (c), and (e)(3) of this section shall be
                        effective on January 1, 1997.
                        (2) General Accounting Office and Library of
                    Congress
                            This section shall be effective with respect to
                        the General Accounting Office and the Library of
                        Congress 1 year after transmission to the Congress
                        of the study under section 1371 of this title. (Pub.
                        L. 104-1, title II, Sec. 215, Jan. 23, 1995, 109
                        Stat. 16.)
        399.74
                             Part D--Labor-Management Relations

      399-74-1  Sec. 1351. Application of chapter 71 of title 5, relating to
                    Federal service labor-management relations; procedures
                    for remedy of violations
                (a) Labor-management rights
                        (1) In general
                            The rights, protections, and responsibilities
                        established under sections 7102, 7106, 7111 through
                        7117, 7119 through 7122, and 7131 of title 5, shall
                        apply to employing offices and to covered employees
                        and representatives of those employees.
                        (2) Definition
                            For purposes of the application under this
                        section of the sections referred to in paragraph
                        (1), the term ``agency'' shall be deemed to include
                        an employing office.

    [[Page 534]]

                (b) Remedy
                    The remedy for a violation of subsection (a) of this
                section shall be such remedy, including a remedy under
                section 7118(a)(7) of title 5, as would be appropriate if
                awarded by the Federal Labor Relations Authority to remedy a
                violation of any provision made applicable by subsection (a)
                of this section.
                (c) Authorities and procedures for implementation and
                enforcement
                        (1) General authorities of the Board; petitions
                            For purposes of this section and except as
                        otherwise provided in this section, the Board shall
                        exercise the authorities of the Federal Labor
                        Relations Authority under sections 7105, 7111, 7112,
                        7113, 7115, 7117, 7118, and 7122 of title 5, and of
                        the President under section 7103(b) of title 5. For
                        purposes of this section, any petition or other
                        submission that, under chapter 71 of title 5, would
                        be submitted to the Federal Labor Relations
                        Authority shall, if brought under this section, be
                        submitted to the Board. The Board shall refer any
                        matter under this paragraph to a hearing officer for
                        decision pursuant to subsections (b) through (h) of
                        section 1405 of this title, subject to review by the
                        Board pursuant to section 1406 of this title. The
                        Board may direct that the General Counsel carry out
                        the Board's investigative authorities under this
                        paragraph.
                        (2) General authorities of the General Counsel;
                    charges of unfair labor practice
                            For purposes of this section and except as
                        otherwise provided in this section, the General
                        Counsel shall exercise the authorities of the
                        General Counsel of the Federal Labor Relations
                        Authority under sections 7104 and 7118 of title 5.
                        For purposes of this section, any charge or other
                        submission that, under chapter 71 of title 5, would
                        be submitted to the General Counsel of the Federal
                        Labor Relations Authority shall, if brought under
                        this section, be submitted to the General Counsel.
                        If any person charges an employing office or a labor
                        organization with having engaged in or engaging in
                        an unfair practice and makes such charge within 180
                        days of the occurrence of the alleged unfair labor
                        practice, the General Counsel shall investigate the
                        charge and may file a complaint with the Office. The
                        complaint shall be submitted to a hearing officer
                        for decision pursuant to subsections (b) through (h)
                        of section 1405 of this title, subject to review by
                        the Board pursuant to section 1406 of this title.
                        (3) Judicial review
                            Except for matters referred to in paragraphs (1)
                        and (2) of section 7123(a) of title 5, the General
                        Counsel or the respondent to the complaint, if
                        aggrieved by a final decision of the Board under
                        paragraph (1) or (2) of this subsection, may file a
                        petition for judicial review in the United States
                        Court of Appeals for the Federal Circuit pursuant to
                        section 1407 of this title.
                        (4) Exercise of impasses panel authority; requests
                            For purposes of this section and except as
                        otherwise provided in this section, the Board shall
                        exercise the authorities of the Federal Service
                        Impasses Panel under section 7119 of title 5. For
                        purposes of this section, any request that, under
                        chapter 71 of title 5, would be presented to the
                        Federal Service Impasses Panel shall,

    [[Page 535]]

                        if made under this section, be presented to the
                        Board. At the request of the Board, the Executive
                        Director shall appoint a mediator or mediators to
                        perform the functions of the Federal Service
                        Impasses Panel under section 7119 of title 5.
                (d) Regulations to implement section
                        (1) In general
                            The Board shall, pursuant to section 1348 of
                        this title, issue regulations to implement this
                        section.
                        (2) Agency regulations
                            Except as provided in subsection (e) of this
                        section, the regulations issued under paragraph (1)
                        shall be the same as substantive regulations
                        promulgated by the Federal Labor Relations Authority
                        to implement the statutory provisions referred to in
                        subsection (a) of this section except--
                                (A) to the extent that the Board may
                            determine, for good cause shown and stated
                            together with the regulation, that a
                            modification of such regulations would be more
                            effective for the implementation of the rights
                            and protections under this section; or
                                (B) as the Board deems necessary to avoid a
                            conflict of interest or appearance of a conflict
                            of interest.
                (e) Specific regulations regarding application to certain
                offices of Congress
                        (1) Regulations required
                            The Board shall issue regulations pursuant to
                        section 1384 of this title on the manner and extent
                        to which the requirements and exemptions of chapter
                        71 of title 5, should apply to covered employees who
                        are employed in the offices listed in paragraph (2).
                        The regulations shall, to the greatest extent
                        practicable, be consistent with the provisions and
                        purposes of chapter 71 of title 5, and of this
                        chapter, and shall be the same as substantive
                        regulations issued by the Federal Labor Relations
                        Authority under such chapter, except--
                                (A) to the extent that the Board may
                            determine, for good cause shown and stated
                            together with the regulation, that a
                            modification of such regulations would be more
                            effective for the implementation of the rights
                            and protections under this section; and
                                (B) that the Board shall exclude from
                            coverage under this section any covered
                            employees who are employed in offices listed in
                            paragraph (2) if the Board determines that such
                            exclusion is required because of--
                                    (i) a conflict of interest or appearance
                                of a conflict of interest; or
                                    (ii) Congress' constitutional
                                responsibilities.
                        (2) Offices referred to
                            The offices referred to in paragraph (1)
                        include--
                                (A) the personal office of any Member of the
                            House of Representatives or of any Senator;
                                (B) a standing, select, special, permanent,
                            temporary, or other committee of the Senate or
                            House of Representatives, or a joint committee
                            of Congress;
                                (C) the Office of the Vice President (as
                            President of the Senate), the Office of the
                            President pro tempore of the Senate, the Office
                            of the Majority Leader of the Senate, the Office
                            of the Minority

    [[Page 536]]

                            Leader of the Senate, the Office of the Majority
                            Whip of the Senate, the Office of the Minority
                            Whip of the Senate, the Conference of the
                            Majority of the Senate, the Conference of the
                            Minority of the Senate, the Office of the
                            Secretary of the Conference of the Majority of
                            the Senate, the Office of the Secretary of the
                            Conference of the Minority of the Senate, the
                            Office of the Secretary for the Majority of the
                            Senate, the Office of the Secretary for the
                            Minority of the Senate, the Majority Policy
                            Committee of the Senate, the Minority Policy
                            Committee of the Senate, and the following
                            offices within the Office of the Secretary of
                            the Senate: Offices of the Parliamentarian, Bill
                            Clerk, Legislative Clerk, Journal Clerk,
                            Executive Clerk, Enrolling Clerk, Official
                            Reporters of Debate, Daily Digest, Printing
                            Services, Captioning Services, and Senate Chief
                            Counsel for Employment;
                                (D) the Office of the Speaker of the House
                            of Representatives, the Office of the Majority
                            Leader of the House of Representatives, the
                            Office of the Minority Leader of the House of
                            Representatives, the Offices of the Chief Deputy
                            Majority Whips, the Offices of the Chief Deputy
                            Minority Whips and the following offices within
                            the Office of the Clerk of the House of
                            Representatives: Offices of Legislative
                            Operations, Official Reporters of Debate,
                            Official Reporters to Committees, Printing
                            Services, and Legislative Information;
                                (E) the Office of the Legislative Counsel of
                            the Senate, the Office of the Senate Legal
                            Counsel, the Office of the Legislative Counsel
                            of the House of Representatives, the Office of
                            the General Counsel of the House of
                            Representatives, the Office of the
                            Parliamentarian of the House of Representatives,
                            and the Office of the Law Revision Counsel;
                                (F) the offices of any caucus or party
                            organization;
                                (G) the Congressional Budget Office, the
                            Office of Technology Assessment, and the Office
                            of Compliance; and
                                (H) such other offices that perform
                            comparable functions which are identified under
                            regulations of the Board.
                (f) Effective date
                        (1) In general
                            Except as provided in paragraph (2), subsections
                        (a) and (b) of this section shall be effective on
                        October 1, 1996.
                        (2) Certain offices
                            With respect to the offices listed in subsection
                        (e)(2) of this section, to the covered employees of
                        such offices, and to representatives of such
                        employees, subsections (a) and (b) of this section
                        shall be effective on the effective date of
                        regulations under subsection (e) of this section.
                        (Pub. L. 104-1, title II, Sec. 220, Jan. 23, 1995,
                        109 Stat. 19.)
        399.75
                                       Part E--General

      399.75-1  Sec. 1361. Generally applicable remedies and limitations
                (a) Attorney's fees
                    If a covered employee, with respect to any claim under
                this chapter, or a qualified person with a disability, with
                respect to any claim under section 1331 of this title, is a
                prevailing party in any proceeding under section 1405, 1406,
                1407, or 1408 of this title, the hearing officer, Board,

    [[Page 537]]

                or court, as the case may be, may award attorney's fees,
                expert fees, and any other costs as would be appropriate if
                awarded under section 706(k) of the Civil Rights Act of 1964
                (42 U.S.C. 2000e-5(k)).
                (b) Interest
                    In any proceeding under section 1405, 1406, 1407, or
                1408 of this title, the same interest to compensate for
                delay in payment shall be made available as would be
                appropriate if awarded under section 717(d) of the Civil
                Rights Act of 1964 (42 U.S.C. 2000e-16(d)).
                (c) Civil penalties and punitive damages
                    No civil penalty or punitive damages may be awarded with
                respect to any claim under this chapter.
                (d) Exclusive procedure
                        (1) In general
                            Except as provided in paragraph (2), no person
                        may commence an administrative or judicial
                        proceeding to seek a remedy for the rights and
                        protections afforded by this chapter except as
                        provided in this chapter.
                        (2) Veterans
                            A covered employee under section 1316 of this
                        title may also utilize any provisions of chapter 43
                        of title 38, that are applicable to that employee.
                (e) Scope of remedy
                    Only a covered employee who has undertaken and completed
                the procedures described in sections 1402 and 1403 of this
                title may be granted a remedy under part A of this
                subchapter.
                (f) Construction
                        (1) Definitions and exemptions
                            Except where inconsistent with definitions and
                        exemptions provided in this chapter, the definitions
                        and exemptions in the laws made applicable by this
                        chapter shall apply under this chapter.
                        (2) Size limitations
                            Notwithstanding paragraph (1), provisions in the
                        laws made applicable under this chapter (other than
                        chapter 23 of title 29) determining coverage based
                        on size, whether expressed in terms of numbers of
                        employees, amount of business transacted, or other
                        measure, shall not apply in determining coverage
                        under this chapter.
                        (3) Executive branch enforcement
                            This chapter shall not be construed to authorize
                        enforcement by the executive branch of this chapter.
                        (Pub. L. 104-1, title II, Sec. 225, Jan. 23, 1995,
                        109 Stat. 22.)
        399.76
                                        Part F--Study

      399.76-1  Sec. 1371. Study and recommendations regarding General
                    Accounting Office, Government Printing Office, and
                    Library of Congress
                (a) In general
                    The Board shall undertake a study of--
                        (1) the application of the laws listed in subsection
                    (b) of this section to--
                                (A) the General Accounting Office;
                                (B) the Government Printing Office; and
                                (C) the Library of Congress; and

    [[Page 538]]

                        (2) the regulations and procedures used by the
                    entities referred to in paragraph (1) to apply and
                    enforce such laws to themselves and their employees.
                (b) Applicable statutes
                    The study under this section shall consider the
                application of the following laws:
                        (1) Title VII of the Civil Rights Act of 1964 (42
                    U.S.C. 2000e et seq.), and related provisions of section
                    2302 of title 5.
                        (2) The Age Discrimination in Employment Act of 1967
                    (29 U.S.C. 621 et seq.), and related provisions of
                    section 2302 of title 5.
                        (3) The Americans with Disabilities Act of 1990 (42
                    U.S.C. 12101 et seq.), and related provisions of section
                    2302 of title 5.
                        (4) The Family and Medical Leave Act of 1993 (29
                    U.S.C. 2611 et seq.), and related provisions of sections
                    6381 through 6387 of title 5.
                        (5) The Fair Labor Standards Act of 1938 (29 U.S.C.
                    201 et seq.), and related provisions of sections 5541
                    through 5550a of title 5.
                        (6) The Occupational Safety and Health Act of 1970
                    (29 U.S.C. 651 et seq.), and related provisions of
                    section 7902 of title 5.
                        (7) The Rehabilitation Act of 1973 (29 U.S.C. 701 et
                    seq.).
                        (8) Chapter 71 (relating to Federal service and
                    labor-management relations) of title 5.
                        (9) The General Accounting Office Personnel Act of
                    1980 (31 U.S.C. 731 et seq.).
                        (10) The Employee Polygraph Protection Act of 1988
                    (29 U.S.C. 2001 et seq.).
                        (11) The Worker Adjustment and Retraining
                    Notification Act (29 U.S.C. 2101 et seq.).
                        (12) Chapter 43 (relating to veterans' employment
                    and reemployment) of title 38.
                (c) Contents of study and recommendations
                    The study under this section shall evaluate whether the
                rights, protections, and procedures, including
                administrative and judicial relief, applicable to the
                entities listed in paragraph (1) of subsection (a) of this
                section and their employees are comprehensive and effective
                and shall include recommendations for any improvements in
                regulations or legislation, including proposed regulatory or
                legislative language.
                (d) Deadline and delivery of study
                    Not later than December 31, 1996--
                        (1) the Board shall prepare and complete the study
                    and recommendations required under this section; and
                        (2) the Board shall transmit such study and
                    recommendations (with the Board's comments) to the head
                    of each entity considered in the study, and to the
                    Congress by delivery to the Speaker of the House of
                    Representatives and President pro tempore of the Senate
                    for referral to the appropriate committees of the House
                    of Representatives and of the Senate. (Pub. L. 104-1,
                    title II, Sec. 230, Jan. 23, 1995, 109 Stat. 23; Pub. L.
                    104-53, title III, Sec. 309 (a), (b), Nov. 19, 1995, 109
                    Stat. 538.)
        399.77
                            Subchapter III.--Office of Compliance

      399.77-1  Sec. 1381. Establishment of Office of Compliance
                (a) Establishment

    [[Page 539]]

                    There is established, as an independent office within
                the legislative branch of the Federal Government, the Office
                of Compliance.
                (b) Board of Directors
                    The Office shall have a Board of Directors. The Board
                shall consist of five individuals appointed jointly by the
                Speaker of the House of Representatives, the Majority Leader
                of the Senate, and the Minority Leaders of the House of
                Representatives and the Senate. Appointments of the first
                five members of the Board shall be completed not later than
                90 days after January 23, 1995.
                (c) Chair
                    The Chair shall be appointed from members of the Board
                jointly by the Speaker of the House of Representatives, the
                Majority Leader of the Senate, and the Minority Leaders of
                the House of Representatives and the Senate.
                (d) Board of Directors qualifications
                        (1) Specific qualifications
                            Selection and appointment of members of the
                        Board shall be without regard to political
                        affiliation and solely on the basis of fitness to
                        perform the duties of the Office. Members of the
                        Board shall have training or experience in the
                        application of the rights, protections, and remedies
                        under one or more of the laws made applicable under
                        section 1302 of this title.
                        (2) Disqualifications for appointments
                                (A) Lobbying
                                    No individual who engages in, or is
                                otherwise employed in, lobbying of the
                                Congress and who is required under chapter
                                8a of this title to register with the Clerk
                                of the House of Representatives or the
                                Secretary of the Senate shall be eligible
                                for appointment to, or service on, the
                                Board.
                                (B) Incompatible office
                                    No member of the Board appointed under
                                subsection (b) of this section may hold or
                                may have held the position of Member of the
                                House of Representatives or Senator, may
                                hold the position of officer or employee of
                                the House of Representatives, Senate, or
                                instrumentality or other entity of the
                                legislative branch, or may have held such a
                                position (other than the position of an
                                officer or employee of the General
                                Accounting Office Personnel Appeals Board,
                                an officer or employee of the Office of Fair
                                Employment Practices of the House of
                                Representatives, or officer or employee of
                                the Office of Senate Fair Employment
                                Practices) within 4 years of the date of
                                appointment.
                        (3) Vacancies
                            A vacancy on the Board shall be filled in the
                        manner in which the original appointment was made.
                (e) Term of office
                        (1) In general
                            Except as provided in paragraph (2), membership
                        on the Board shall be for 5 years. A member of the
                        Board who is appointed to a term of office of more
                        than 3 years shall only be eligible for appointment
                        for a single term of office.
                        (2) First appointment
                            Of the members first appointed to the Board--
                                (A) 1 shall have a term of office of 3
                            years,

    [[Page 540]]

                                (B) 2 shall have a term of office of 4
                            years, and
                                (C) 2 shall have a term of office of 5
                            years, 1 of whom shall be the Chair,
                as designated at the time of appointment by the persons
                specified in subsection (b) of this section.
                (f) Removal
                        (1) Authority
                            Any member of the Board may be removed from
                        office by a majority decision of the appointing
                        authorities described in subsection (b) of this
                        section, but only for--
                                (A) disability that substantially prevents
                            the member from carrying out the duties of the
                            member,
                                (B) incompetence,
                                (C) neglect of duty,
                                (D) malfeasance, including a felony or
                            conduct involving moral turpitude, or
                                (E) holding an office or employment or
                            engaging in an activity that disqualifies the
                            individual from service as a member of the Board
                            under subsection (d)(2) of this section.
                        (2) Statement of reasons for removal
                            In removing a member of the Board, the Speaker
                        of the House of Representatives and the President
                        pro tempore of the Senate shall state in writing to
                        the member of the Board being removed the specific
                        reasons for the removal.
                (g) Compensation
                        (1) Per diem
                            Each member of the Board shall be compensated at
                        a rate equal to the daily equivalent of the annual
                        rate of basic pay prescribed for level V of the
                        Executive Schedule under section 5316 of title 5,
                        for each day (including travel time) during which
                        such member is engaged in the performance of the
                        duties of the Board. The rate of pay of a member may
                        be prorated based on the portion of the day during
                        which the member is engaged in the performance of
                        Board duties.
                        (2) Travel expenses
                            Each member of the Board shall receive travel
                        expenses, including per diem in lieu of subsistence,
                        at rates authorized for employees of agencies under
                        subchapter I of chapter 57 of title 5, for each day
                        the member is engaged in the performance of duties
                        away from the home or regular place of business of
                        the member.
                (h) Duties
                    The Office shall--
                        (1) carry out a program of education for Members of
                    Congress and other employing authorities of the
                    legislative branch of the Federal Government respecting
                    the laws made applicable to them and a program to inform
                    individuals of their rights under laws applicable to the
                    legislative branch of the Federal Government;
                        (2) in carrying out the program under paragraph (1),
                    distribute the telephone number and address of the
                    Office, procedures for action under title IV, and any
                    other information appropriate for distribution,
                    distribute such information to employing offices in a
                    manner suitable for posting, provide such information to
                    new employees of employing offices, distribute such
                    information to the residences of covered employ-

    [[Page 541]]

                    ees, and conduct seminars and other activities designed
                    to educate employing offices and covered employees; and
                        (3) compile and publish statistics on the use of the
                    Office by covered employees, including the number and
                    type of contacts made with the Office, on the reason for
                    such contacts, on the number of covered employees who
                    initiated proceedings with the Office under this chapter
                    and the result of such proceedings, and on the number of
                    covered employees who filed a complaint, the basis for
                    the complaint, and the action taken on the complaint.
                (i) Congressional oversight
                    The Board and the Office shall be subject to oversight
                (except with respect to the disposition of individual cases)
                by the Committee on Rules and Administration and the
                Committee on Governmental Affairs of the Senate and the
                Committee on House Oversight of the House of
                Representatives.
                (j) Opening of Office
                    The Office shall be open for business, including receipt
                of requests for counseling under section 1402 of this title,
                not later than 1 year after January 23, 1995.
                (k) Financial disclosure reports
                    Members of the Board and officers and employees of the
                Office shall file the financial disclosure reports required
                under title I of the Ethics in Government Act of 1978 with
                the Clerk of the House of Representatives. (Pub. L. 104-1,
                title III, Sec. 301, Jan. 23, 1995, 109 Stat. 24.)
      399.77-2  Sec. 1382. Officers, staff, and other personnel
                (a) Executive Director
                        (1) Appointment and removal
                                (A) In general
                                    The Chair, subject to the approval of
                                the Board, shall appoint and may remove an
                                Executive Director. Selection and
                                appointment of the Executive Director shall
                                be without regard to political affiliation
                                and solely on the basis of fitness to
                                perform the duties of the Office. The first
                                Executive Director shall be appointed no
                                later than 90 days after the initial
                                appointment of the Board of Directors.
                                (B) Qualifications
                                    The Executive Director shall be an
                                individual with training or expertise in the
                                application of laws referred to in section
                                1302(a) of this title.
                                (C) Disqualifications
                                    The disqualifications in section
                                1381(d)(2) of this title shall apply to the
                                appointment of the Executive Director.
                        (2) Compensation
                            The Chair may fix the compensation of the
                        Executive Director. The rate of pay for the
                        Executive Director may not exceed the annual rate of
                        basic pay prescribed for level V of the Executive
                        Schedule under section 5316 of title 5.
                        (3) Term
                            The term of office of the Executive Director
                        shall be a single term of 5 years, except that the
                        first Executive Director shall have a single term of
                        7 years.

    [[Page 542]]

                        (4) Duties
                            The Executive Director shall serve as the chief
                        operating officer of the Office. Except as otherwise
                        specified in this chapter, the Executive Director
                        shall carry out all of the responsibilities of the
                        Office under this chapter.
                (b) Deputy Executive Directors
                        (1) In general
                            The Chair, subject to the approval of the Board,
                        shall appoint and may remove a Deputy Executive
                        Director for the Senate and a Deputy Executive
                        Director for the House of Representatives. Selection
                        and appointment of a Deputy Executive Director shall
                        be without regard to political affiliation and
                        solely on the basis of fitness to perform the duties
                        of the office. The disqualifications in section
                        1381(d)(2) of this title shall apply to the
                        appointment of a Deputy Executive Director.
                        (2) Term
                            The term of office of a Deputy Executive
                        Director shall be a single term of 5 years, except
                        that the first Deputy Executive Directors shall have
                        a single term of 6 years.
                        (3) Compensation
                            The Chair may fix the compensation of the Deputy
                        Executive Directors. The rate of pay for a Deputy
                        Executive Director may not exceed 96 percent of the
                        annual rate of basic pay prescribed for level V of
                        the Executive Schedule under section 5316 of title
                        5.
                        (4) Duties
                            The Deputy Executive Director for the Senate
                        shall recommend to the Board regulations under
                        section 1384(a)(2)(i) of this title, maintain the
                        regulations and all records pertaining to the
                        regulations, and shall assume such other
                        responsibilities as may be delegated by the
                        Executive Director. The Deputy Executive Director
                        for the House of Representatives shall recommend to
                        the Board the regulations under section
                        1384(a)(2)(B)(ii) of this title, maintain the
                        regulations and all records pertaining to the
                        regulations, and shall assume such other
                        responsibilities as may be delegated by the
                        Executive Director.
                (c) General Counsel
                        (1) In general
                            The Chair, subject to the approval of the Board,
                        shall appoint a General Counsel. Selection and
                        appointment of the General Counsel shall be without
                        regard to political affiliation and solely on the
                        basis of fitness to perform the duties of the
                        Office. The disqualifications in section 1381(d)(2)
                        of this title shall apply to the appointment of a
                        General Counsel.
                        (2) Compensation
                            The Chair may fix the compensation of the
                        General Counsel. The rate of pay for the General
                        Counsel may not exceed the annual rate of basic pay
                        prescribed for level V of the Executive Schedule
                        under section 5316 of title 5.
                        (3) Duties
                            The General Counsel shall--
                                (A) exercise the authorities and perform the
                            duties of the General Counsel as specified in
                            this chapter; and

    [[Page 543]]

                                (B) otherwise assist the Board and the
                            Executive Director in carrying out their duties
                            and powers, including representing the Office in
                            any judicial proceeding under this chapter.
                        (4) Attorneys in the Office of the General Counsel
                            The General Counsel shall appoint, and fix the
                        compensation of, and may remove, such additional
                        attorneys as may be necessary to enable the General
                        Counsel to perform the General Counsel's duties.
                        (5) Term
                            The term of office of the General Counsel shall
                        be a single term of 5 years.
                        (6) Removal
                                (A) Authority
                                    The General Counsel may be removed from
                                office by the Chair but only for--
                                        (i) disability that substantially
                                    prevents the General Counsel from
                                    carrying out the duties of the General
                                    Counsel,
                                        (ii) incompetence,
                                        (iii) neglect of duty,
                                        (iv) malfeasance, including a felony
                                    or conduct involving moral turpitude, or
                                        (v) holding an office or employment
                                    or engaging in an activity that
                                    disqualifies the individual from service
                                    as the General Counsel under paragraph
                                    (1).
                                (B) Statement of reasons for removal
                                    In removing the General Counsel, the
                                Speaker of the House of Representatives and
                                the President pro tempore of the Senate
                                shall state in writing to the General
                                Counsel the specific reasons for the
                                removal.
                (d) Other staff
                    The Executive Director shall appoint, and fix the
                compensation of, and may remove, such other additional
                staff, including hearing officers, but not including
                attorneys employed in the office of the General Counsel, as
                may be necessary to enable the Office to perform its duties.
                (e) Detailed personnel
                    The Executive Director may, with the prior consent of
                the department or agency of the Federal Government
                concerned, use on a reimbursable or nonreimbursable basis
                the services of personnel of any such department or agency,
                including the services of members or personnel of the
                General Accounting Office Personnel Appeals Board.
                (f) Consultants
                    In carrying out the functions of the Office, the
                Executive Director may procure the temporary (not to exceed
                1 year) or intermittent services of consultants. (Pub. L.
                104-1, title III, Sec. 302, Jan. 23, 1995, 109 Stat. 26.)
      399.77-3  Sec. 1383. Procedural rules
                (a) In general
                    The Executive Director shall, subject to the approval of
                the Board, adopt rules governing the procedures of the
                Office, including the procedures of hearing officers, which
                shall be submitted for publication in the Congressional
                Record. The rules may be amended in the same manner.

    [[Page 544]]

                (b) Procedure
                    The Executive Director shall adopt rules referred to in
                subsection (a) of this section in accordance with the
                principles and procedures set forth in section 53 of title
                5. The Executive Director shall publish a general notice of
                proposed rulemaking under section 553(b) of title 5, but,
                instead of publication of a general notice of proposed
                rulemaking in the Federal Register, the Executive Director
                shall transmit such notice to the Speaker of the House of
                Representatives and the President pro tempore of the Senate
                for publication in the Congressional Record on the first day
                on which both Houses are in session following such
                transmittal. Before adopting rules, the Executive Director
                shall provide a comment period of at least 30 days after
                publication of a general notice of proposed rulemaking. Upon
                adopting rules, the Executive Director shall transmit notice
                of such action together with a copy of such rules to the
                Speaker of the House of Representatives and the President
                pro tempore of the Senate for publication in the
                Congressional Record on the first day on which both Houses
                are in session following such transmittal. Rules shall be
                considered issued by the Executive Director as of the date
                of which they are published in the Congressional Record.
                (Pub. L. 104-1, title III, Sec. 303, Jan. 23, 1995, 109
                Stat. 28.)
      399.77-4  Sec. 1384. Substantive regulations
                (a) Regulations
                        (1) In general
                            The procedures applicable to the regulations of
                        the Board issued for the implementation of this
                        chapter, which shall include regulations the Board
                        is required to issue under subchapter II of this
                        title (including regulations on the appropriate
                        application of exemptions under the laws made
                        applicable in subchapter II of this title) are as
                        prescribed in this section.
                        (2) Rulemaking procedure
                            Such regulations of the Board--
                                (A) shall be adopted, approved, and issued
                            in accordance with subsection (b) of this
                            section; and
                                (B) shall consist of 3 separate bodies of
                            regulations, which shall apply, respectively,
                            to--
                                    (i) the Senate and employees of the
                                Senate;
                                    (ii) the House of Representatives and
                                employees of the House of Representatives;
                                and
                                    (iii) all other covered employees and
                                employing offices.
                (b) Adoption by the Board
                    The Board shall adopt the regulations referred to in
                subsection (a)(1) of this section in accordance with the
                principles and procedures set forth in section 553 of title
                5, and as provided in the following provisions of this
                subsection:
                        (1) Proposal
                            The Board shall publish a general notice of
                        proposed rulemaking under section 553(b) of title 5,
                        but, instead of publication of a general notice of
                        proposed rulemaking in the Federal Register, the
                        Board shall transmit such notice to the Speaker of
                        the House of Representatives and the President pro
                        tempore of the Senate for publication in the
                        Congressional Record on the first day on which both
                        Houses

    [[Page 545]]

                        are in session following such transmittal. Such
                        notice shall set forth the recommendations of the
                        Deputy Director for the Senate in regard to
                        regulations under subsection (a)(2)(B)(i) of this
                        section, the recommendations of the Deputy Director
                        for the House of Representatives in regard to
                        regulations under subsection (a)(2)(B)(ii) of this
                        section, and the recommendations of the Executive
                        Director for regulations under subsection
                        (a)(2)(B)(iii) of this section.
                        (2) Comment
                            Before adopting regulations, the Board shall
                        provide a comment period of at least 30 days after
                        publication of a general notice of proposed
                        rulemaking.
                        (3) Adoption
                            After considering comments, the Board shall
                        adopt regulations and shall transmit notice of such
                        action together with a copy of such regulations to
                        the Speaker of the House of Representatives and the
                        President pro tempore of the Senate for publication
                        in the Congressional Record on the first day on
                        which both Houses are in session following such
                        transmittal.
                        (4) Recommendation as to method of approval
                            The Board shall include a recommendation in the
                        general notice of proposed rulemaking and in the
                        regulations as to whether the regulations should be
                        approved by resolution of the Senate, by resolution
                        of the House of Representatives, by concurrent
                        resolution, or by joint resolution.
                (c) Approval of regulations
                        (1) In general
                            Regulations referred to in paragraph (2)(B)(i)
                        of subsection (a) of this section may be approved by
                        the Senate by resolution or by the Congress by
                        concurrent resolution or by joint resolution.
                        Regulations referred to in paragraph (2)(B)(ii) of
                        subsection (a) of this section may be approved by
                        the House of Representatives by resolution or by the
                        Congress by concurrent resolution or by joint
                        resolution. Regulations referred to in paragraph
                        (2)(B)(iii) may be approved by Congress by
                        concurrent resolution or by joint resolution.
                        (2) Referral
                            Upon receipt of a notice of adoption of
                        regulations under subsection (b)(3) of this section,
                        the presiding officers of the House of
                        Representatives and the Senate shall refer such
                        notice, together with a copy of such regulations, to
                        the appropriate committee or committees of the House
                        of Representatives and of the Senate. The purpose of
                        the referral shall be to consider whether such
                        regulations should be approved, and, if so, whether
                        such approval should be by resolution of the House
                        of Representatives or of the Senate, by concurrent
                        resolution or by joint resolution.
                        (3) Joint referral and discharge in the Senate
                            The presiding officer of the Senate may refer
                        the notice of issuance of regulations, or any
                        resolution of approval of regulations, to one
                        committee or jointly to more than one committee. If
                        a committee of the Senate acts to report a jointly
                        referred measure, any other committee of the Senate
                        must act within 30 calendar days of continuous
                        session, or be automatically discharged.

    [[Page 546]]

                        (4) One-house resolution or concurrent resolution
                            In the case of a resolution of the House of
                        Representatives or the Senate or a concurrent
                        resolution referred to in paragraph (1), the matter
                        after the resolving clause shall be the following:
                        ``The following regulations issued by the Office of
                        Compliance on __ are hereby approved:'' (the blank
                        space being appropriately filled in, and the text of
                        the regulations being set forth).
                        (5) Joint resolution
                            In the case of a joint resolution referred to in
                        paragraph (1), the matter after the resolving clause
                        shall be the following: ``The following regulations
                        issued by the Office of Compliance on __ are hereby
                        approved and shall have the force and effect of
                        law:'' (the blank space being appropriately filled
                        in, and the text of the regulations being set
                        forth).
                (d) Issuance and effective date
                        (1) Publication
                            After approval of regulations under subsection
                        (c) of this section,the Board shall submit the
                        regulations to the Speaker of the House of
                        Representatives and the President pro tempore of the
                        Senate for publication in the Congressional Record
                        on the first day on which both Houses are in session
                        following such transmittal.
                        (2) Date of issuance
                            The date of issuance of regulations shall be the
                        date on which they are published in the
                        Congressional Record under paragraph (1).
                        (3) Effective date
                            Regulations shall become effective not less than
                        60 days after the regulations are issued, except
                        that the Board may provide for an earlier effective
                        date for good cause found (within the meaning of
                        section 553(d)(3) of title 5) and published with the
                        regulation.
                (e) Amendment of regulations
                    Regulations may be amended in the same manner as is
                described in this section for the adoption, approval, and
                issuance of regulations, except that the Board may, in its
                discretion, dispense with publication of a general notice of
                proposed rulemaking of minor, technical, or urgent
                amendments that satisfy the criteria for dispensing with
                publication of such notice pursuant to section 553(b)(B) of
                title 5.
                (f) Right to petition for rulemaking
                    Any interested party may petition to the Board for the
                issuance, amendment, or repeal of a regulation.
                (g) Consultation
                    The Executive Director, the Deputy Directors, and the
                Board--
                        (1) shall consult, with regard to the development of
                    regulations, with--
                                (A) the Chair of the Administrative
                            Conference of the United States;
                                (B) the Secretary of Labor;
                                (C) the Federal Labor Relations Authority;
                            and
                                (D) the Director of the Office of Personnel
                            Management; and
                        (2) may consult with any other persons with whom
                    consultation, in the opinion of the Board, the Executive
                    Director, or Deputy Directors, may be helpful. (Pub. L.
                    104-1, title III, Sec. 304, Jan. 23, 1995, 109 Stat.
                    29.)

    [[Page 547]]

      399.77-5  Sec. 1385. Expenses
                (a) Authorization of appropriations
                    Beginning in fiscal year 1995, and for each fiscal year
                thereafter, there are authorized to be appropriated for the
                expenses of the Office such sums as may be necessary to
                carry out the functions of the Office. Until sums are first
                appropriated pursuant to the preceding sentence, but for a
                period not exceeding 12 months following January 23, 1995--
                        (1) one-half of the expenses of the Office shall be
                    paid from funds appropriated for allowances and expenses
                    of the House of Representatives, and
                        (2) one-half of the expenses of the Office shall be
                    paid from funds appropriated for allowances and expenses
                    of the Senate, upon vouchers approved by the Executive
                    Director, except that a voucher shall not be required
                    for the disbursement of salaries of employees who are
                    paid at an annual rate. The Clerk of the House of
                    Representatives and the Secretary of the Senate are
                    authorized to make arrangements for the division of
                    expenses under this subsection, including arrangements
                    for one House of Congress to reimburse the other House
                    of Congress.
                (b) Financial and administrative services
                    The Executive Director may place orders and enter into
                agreements for goods and services with the head of any
                agency, or major organizational unit within an agency, in
                the legislative or executive branch of the United States in
                the same manner and to the same extent as agencies are
                authorized under sections 1535 and 1536 of title 31, to
                place orders and enter into agreements.
                (c) Witness fees and allowances
                    Except for covered employees, witnesses before a hearing
                officer or the Board in any proceeding under this chapter
                other than rulemaking shall be paid the same fee and mileage
                allowances as are paid subpoenaed witnesses in the courts of
                the United States. Covered employees who are summoned, or
                are assigned by their employer, to testify in their official
                capacity or to produce official records in any proceeding
                under this Act shall be entitled to travel expenses under
                subchapter I and section 5751 of chapter 57 of title 5.
                (Pub. L. 104-1, title III Sec. 305, Jan. 23, 1995, 109
                State. 31.)
        399.78
                    Subchapter IV.--Administrative and Judicial Dispute-
                                   Resolution Procedures

      399.78-1  Sec. 1401. Procedure for consideration of alleged violations
                    Except as otherwise provided, the procedure for
                consideration of alleged violations of part A of subchapter
                II of this chapter consists of--
                        (1) counseling as provided in section 1402 of this
                    title;
                        (2) mediation as provided in section 1403 of this
                    title; and
                        (3) election, as provided in section 1404 of this
                    title, of either--
                                (A) a formal complaint and hearing as
                            provided in section 1405 of this title, subject
                            to Board review as provided in section 1406 of
                            this title, and judicial review in the United
                            States Court of Appeals for the Federal Circuit
                            as provided in section 1407 of this title, or
                                (B) a civil action in a district court of
                            the United States as provided in section 1408 of
                            this title.

    [[Page 548]]

                        In the case of an employee of the Office of the
                    Architect of the Capitol or of the Capitol Police, the
                    Executive Director, after receiving a request for
                    counseling under section 1402 of this title, may
                    recommend that the employee use the grievance procedures
                    of the Architect of the Capitol or the Capitol Police
                    for resolution of the employee's grievance for a
                    specific period of time, which shall not count against
                    the time available for counseling or mediation. (Pub. L.
                    104-1, title IV, Sec. 401, Jan. 23, 1995, 109 Stat. 32.)
      399.78-2  Sec. 1402. Counseling
                (a) In general
                    To commence a proceeding, a covered employee alleging a
                violation of a law made applicable under part A of
                subchapter II of this title shall request counseling by the
                Office. The Office shall provide the employee with all
                relevant information with respect to the rights of the
                employee. A request for counseling shall be made not later
                than 180 days after the date of alleged violation.
                (b) Period of counseling
                    The period for counseling shall be 30 days unless the
                employee and the Office agree to reduce the period. The
                period shall begin on the date the request for counseling is
                received.
                (c) Notification of end of counseling period
                    The Office shall notify the employee in writing when the
                counseling period has ended. (Pub. L. 104-1, title IV,
                Sec. 402, Jan. 23, 1995, 109 Stat. 32.)
      399.78-3  Sec. 1403. Mediation
                (a) Initiation
                    Not later than 15 days after receipt by the employee of
                notice of the end of the counseling period under section
                1402 of this title, but prior to and as a condition of
                making an election under section 1404 of this title, the
                covered employee who alleged a violation of a law shall file
                a request for mediation with the Office.
                (b) Process
                    Mediation under this section--
                        (1) may include the Office, the covered employee,
                    the employing office, and one or more individuals
                    appointed by the Executive Director after considering
                    recommendations by organizations composed primarily of
                    individuals experienced in adjudicating or arbitrating
                    personnel matters, and
                        (2) shall involve meetings with the parties
                    separately or jointly for the purpose of resolving the
                    dispute between the covered employee and the employing
                    office.
                (c) Mediation period
                    The mediation period shall be 30 days beginning on the
                date the request for mediation is received. The mediation
                period may be extended for additional periods at the joint
                request of the covered employee and the employing office.
                The Office shall notify in writing the covered employee and
                the employing office when the mediation period has ended.
                (d) Independence of mediation process
                    No individual, who is appointed by the Executive
                Director to mediate, may conduct or aid in a hearing
                conducted under section 1405 of this title with respect to
                the same matter or shall be subject to subpoena

    [[Page 549]]

                or any other compulsory process with respect to the same
                matter. (Pub. L. 104-1, title IV, Sec. 403, Jan. 23, 1995,
                109 Stat. 32.)
      399.78-4  Sec. 1404. Election of proceeding
                    Not later than 90 days after a covered employee receives
                notice of the end of the period of mediation, but no sooner
                than 30 days after receipt of such notification, such
                covered employee may either--
                        (1) file a complaint with the Office in accordance
                    with section 1405 of this title, or
                        (2) file a civil action in accordance with section
                    1408 of this title in the United States district court
                    for the district in which the employee is employed or
                    for the District of Columbia. (Pub. L. 104-1, title IV,
                    Sec. 404, Jan. 23, 1995, 109 Stat. 33.)
      399.78-5  Sec. 1405. Complaint and hearing
                (a) In general
                    A covered employee may, upon the completion of mediation
                under section 1403 of this title, file a complaint with the
                Office. The respondent to the complaint shall be the
                employing office--
                        (1) involved in the violation, or
                        (2) in which the violation is alleged to have
                    occurred, and about which mediation was conducted.
                (b) Dismissal
                    A hearing officer may dismiss any claim that the hearing
                officer finds to be frivolous or that fails to state a claim
                upon which relief may be granted.
                (c) Hearing officer
                        (1) Appointment
                            Upon the filing of a complaint, the Executive
                        Director shall appoint an independent hearing
                        officer to consider the compliant and render a
                        decision. No Member of the House of Representatives,
                        Senator, officer of either the House of
                        Representatives or the Senate, head of an employing
                        office, member of the Board, or covered employee may
                        be appointed to be a hearing officer. The Executive
                        Director shall select hearing officers on a
                        rotational or random basis from the lists developed
                        under paragraph (2). Nothing in this section shall
                        prevent the appointment of hearing officers as full-
                        time employees of the Office or the selection of
                        hearing officers on the basis of specialized
                        expertise needed for particular matters.
                        (2) Lists
                            The Executive Director shall develop master
                        lists, composed of--
                                (A) members of the bar of a State or the
                            District of Columbia and retired judges of the
                            United States courts who are experienced in
                            adjudicating or arbitrating the kinds of
                            personnel and other matters for which hearings
                            may be held under this, and
                                (B) individuals expert in technical matters
                            relating to accessibility and usability by
                            persons with disabilities or technical matters
                            relating to occupational safety and health.
                    In developing lists, the Executive Director shall
                consider candidates recommended by the Federal Mediation and
                Conciliation Service or the Administrative Conference of the
                United States.
                (d) Hearing
                    Unless a complaint is dismissed before a hearing, a
                hearing shall be--

    [[Page 550]]

                        (1) conducted in closed session on the record by the
                    hearing officer;
                        (2) commenced no later than 60 days after filing of
                    the complaint under subsection (a) of this section,
                    except that the Office may, for good cause, extend up to
                    an additional 30 days the time for commencing a hearing;
                    and
                        (3) conducted, except as specifically provided in
                    this chapter and to the greatest extent practicable, in
                    accordance with the principles and procedures set forth
                    in sections 554 through 557 of title 5.
                (e) Discovery
                    Reasonable prehearing discovery may be permitted at the
                discretion of the hearing officer.
                (f) Subpoenas
                        (1) In general
                            At the request of a party, a hearing officer may
                        issue subpoenas for the attendance of witnesses and
                        for the production of correspondence, books, papers,
                        documents, and other records. The attendance of
                        witnesses and the production of records may be
                        required from any place within the United States.
                        Subpoenas shall be served in the manner provided
                        under rule 45(b) of the Federal Rules of Civil
                        Procedure.
                        (2) Objections
                            If a person refuses, on the basis of relevance,
                        privilege, or other objection, to testify in
                        response to a question or to produce records in
                        connection with a proceeding before a hearing
                        officer, the hearing officer shall rule on the
                        objection. At the request of the witness or any
                        party, the hearing officer shall (or on the hearing
                        officer's own initiative, the hearing officer may)
                        refer the ruling to the Board for review.
                        (3) Enforcement
                                (A) In general
                                    If a person fails to comply with a
                                subpoena, the Board may authorize the
                                General Counsel to apply, in the name of the
                                Office, to an appropriate United States
                                district court for an order requiring that
                                person to appear before the hearing officer
                                to give testimony or produce records. The
                                application may be made within the judicial
                                district where the hearing is conducted or
                                where that person is found, resides, or
                                transacts business. Any failure to obey a
                                lawful order of the district court issued
                                pursuant to this section may be held by such
                                court to be a civil contempt thereof.
                                (B) Service of process
                                    Process in an action or contempt
                                proceeding pursuant to subparagraph (A) may
                                be served in any judicial district in which
                                the person refusing or failing to comply, or
                                threatening to refuse or not to comply,
                                resides, transacts business, or may be
                                found, and subpoenas for witnesses who are
                                required to attend such proceedings may run
                                into any other district.
                (g) Decision
                    The hearing officer shall issue a written decision as
                expeditiously as possible, but in no case more than 90 days
                after the conclusion of the hearing. The written decision
                shall be transmitted by the Office to the parties. The
                decision shall state the issues raised in the complaint,
                describe the evidence in the record, contain findings of
                fact and conclu-

    [[Page 551]]

                sions of law, contain a determination of whether a violation
                has occurred, and order such remedies as are appropriate
                pursuant to subchapter II of this title. The decision shall
                be entered in the records of the Office. If a decision is
                not appealed under section 1406 of this title to the Board,
                the decision shall be considered the final decision of the
                Office.
                (h) Precedents
                    A hearing officer who conducts a hearing under this
                section shall be guided by judicial decisions under the laws
                made applicable by section 1302 of this title and by Board
                decisions under this chapter. (Pub. L. 104-1, title IV,
                Sec. 405, Jan. 23, 1995, 109 Stat. 33.)
      399.78-6  Sec. 1406. Appeal to the Board
                (a) In general
                    Any party aggrieved by the decision of a hearing officer
                under section 1405(g) of this title may file a petition for
                review by the Board not later than 30 days after entry of
                the decision in the records of the Office.
                (b) Parties' opportunity to submit argument
                    The parties to the hearing upon which the decision of
                the hearing officer was made shall have a reasonable
                opportunity to be heard, through written submission and, in
                the discretion of the Board, through oral argument.
                (c) Standard of review
                    The Board shall set aside a decision of a hearing
                officer if the Board determines that the decision was--
                        (1) arbitrary, capricious, an abuse of discretion,
                    or otherwise not consistent with law;
                        (2) not made consistent with required procedures; or
                        (3) unsupported by substantial evidence.
                (d) Record
                    In making determinations under subsection (c) of this
                section, the Board shall review the whole record, or those
                parts of it cited by a party, and due account shall be taken
                of the rule of prejudicial error.
                (e) Decision
                    The Board shall issue a written decision setting forth
                the reasons for its decision. The decision may affirm,
                reverse, or remand to the hearing officer for further
                proceedings. A decision that does not require further
                proceedings before a hearing officer shall be entered in the
                records of the Office as a final decision. (Pub. L. 104-1,
                title IV, Sec. 402, Jan. 23, 1995, 109 Stat. 35.)
      399.78-7  Sec. 1407. Judicial review of Board decisions and
                    enforcement
                (a) Jurisdiction
                        (1) Judicial review
                            The United States Court of Appeals for the
                        Federal Circuit shall have jurisdiction over any
                        proceeding commenced by a petition of--
                                (A) a party aggrieved by a final decision of
                            the Board under section 1406(e) of this title in
                            cases arising under part A of subchapter II of
                            this title,
                                (B) a charging individual or a respondent
                            before the Board who files a petition under
                            section 1331(d)(4) of this title,
                                (C) the General Counsel or a respondent
                            before the Board who files a petition under
                            section 1341(c)(5) of this title, or

    [[Page 552]]

                                (D) the General Counsel or a respondent
                            before the Board who files a petition under
                            section 1351(c)(3) of this title.
                            The court of appeals shall have exclusive
                        jurisdiction to set aside, suspend (in whole or in
                        part), to determine the validity of, or otherwise
                        review the decision of the Board.
                        (2) Enforcement
                            The United States Court of Appeals for the
                        Federal Circuit shall have jurisdiction over any
                        petition of the General Counsel, filed in the name
                        of the Office and at the direction of the Board, to
                        enforce a final decision under section 1405(g) or
                        1406(e) of this title with respect to a violation of
                        part A, B, C, or D of subchapter II of this title.
                (b) Procedures
                        (1) Respondents
                                (A) In any proceeding commenced by a
                            petition filed under subsection (a)(1) (A) or
                            (B) of this section, or filed by a party other
                            than the General Counsel under subsection (a)(1)
                            (C) or (D) of this section, the Office shall be
                            named respondent and any party before the Board
                            may be named respondent by filing a notice of
                            election with the court within 30 days after
                            service of the petition.
                                (B) In any proceeding commenced by a
                            petition filed by the General Counsel under
                            subsection (a)(1) (C) or (D) of this section,
                            the prevailing party in the final decision
                            entered under section 1406(e) of this title
                            shall be named respondent, and any other party
                            before the Board may be named respondent by
                            filing a notice of election with the court
                            within 30 days after service of the petition.
                                (C) In any proceeding commenced by a
                            petition filed under subsection (a)(2) of this
                            section, the party under section 1405 or 1406 of
                            this title that the General Counsel determines
                            has failed to comply with a final decision under
                            section 1405(g) or 1406(e) of this title shall
                            be named respondent.
                        (2) Intervention
                            Any party that participated in the proceedings
                        before the Board under section 1406 of this title
                        and that was not made respondent under paragraph (1)
                        may intervene as of right.
                (c) Law applicable
                    Chapter 158 of title 28, shall apply to judicial review
                under paragraph (1) of subsection (a) of this section,
                except that--
                        (1) with respect to section 2344 of title 28,
                    service of a petition in any proceeding in which the
                    Office is a respondent shall be on the General Counsel
                    rather than on the Attorney General;
                        (2) the provisions of section 2348 of title 28, on
                    the authority of the Attorney General, shall not apply;
                        (3) the petition for review shall be filed not later
                    than 90 days after the entry in the Office of a final
                    decision under section 1406(e) of this title; and
                        (4) the Office shall be an ``agency'' as that term
                    is used in chapter 158 of title 28.
                (d) Standard of review
                    To the extent necessary for decision in a proceeding
                commenced under subsection (a)(1) of this section and when
                presented, the court shall

    [[Page 553]]

                decide all relevant questions of law and interpret
                constitutional and statutory provisions. The court shall set
                aside a final decision of the Board if it is determined that
                the decision was--
                        (1) arbitrary, capricious, an abuse of discretion,
                    or otherwise not consistent with law;
                        (2) not made consistent with required procedures; or
                        (3) unsupported by substantial evidence.
                (e) Record
                    In making determinations under subsection (d) of this
                section, the court shall review the whole record, or those
                parts of it cited by a party, and due account shall be taken
                of the rule of prejudicial error. (Pub. L. 104-1, title IV,
                Sec. 407, Jan. 23, 1995, 109 Stat. 35.)
      399.78-8  Sec. 1408. Civil action
                (a) Jurisdiction
                    The district courts of the United States shall have
                jurisdiction over any civil action commenced under section
                1404 of this title and this section by a covered employee
                who has completed counseling under section 1402 of this
                title and mediation under section 1403 of this title. A
                civil action may be commenced by a covered employee only to
                seek redress for a violation for which the employee has
                completed counseling and mediation.
                (b) Parties
                    The defendant shall be the employing office alleged to
                have committed the violation, or in which the violation is
                alleged to have occurred.
                (c) Jury trial
                    Any party may demand a jury trial where a jury trial
                would be available in an action against a private defendant
                under the relevant law made applicable by this chapter. In
                any case in which a violation of section 1311 of this title
                is alleged, the court shall not inform the jury of the
                maximum amount of compensatory damages available under
                section 1311(b)(1) or 1311(b)(3) of this title. (Pub. L.
                104-1, title IV, Sec. 408, Jan. 23, 1995, 109 Stat. 37.)
      399.78-9  Sec. 1409. Judicial review of regulations
                    In any proceeding brought under section 1407 or 1408 of
                this title in which the application of a regulation issued
                under this chapter is at issue, the court may review the
                validity of the regulation in accordance with the provisions
                of subparagraphs (A) through (D) of section 706(2) of title
                5, except that with respect to regulations approved by a
                joint resolution under section 1384(c) of this title, only
                the provisions of section 706(2)(B) of title 5, shall apply.
                If the court determines that the regulation is invalid, the
                court shall apply, to the extent necessary and appropriate,
                the most relevant substantive executive agency regulation
                promulgated to implement the statutory provisions with
                respect to which the invalid regulation was issued. Except
                as provided in this section, the validity of regulations
                issued under this chapter is not subject to judicial review.
                (Pub. L. 104-1, title IV, Sec. 409, Jan. 23, 1995, 109 Stat.
                37.)
     399.78-10  Sec. 1410. Other judicial review prohibited
                    Except as expressly authorized by sections 1407, 1408,
                and 1409 of this title, the compliance or noncompliance with
                the provisions of this chapter and any action taken pursuant
                to this chapter shall not be

    [[Page 554]]

                subject to judicial review. (Pub. L. 104-1, title IV,
                Sec. 410, Jan. 23, 1995, 109 Stat. 37.)
     399.78-11  Sec. 1411. Effect of failure to issue regulations
                    In any proceeding under section 1405, 1406, 1407, or
                1408 of this title, except a proceeding to enforce section
                1351 of this title with respect to offices listed under
                section 1351(e)(2) of this title, if the Board has not
                issued a regulation on a matter for which this chapter
                requires a regulation to be issued, the hearing officer,
                Board, or court, as the case may be, shall apply, to the
                extent necessary and appropriate, the most relevant
                substantive executive agency regulation promulgated to
                implement the statutory provision at issue in the
                proceeding. (Pub. L. 104-1, title IV, Sec. 411, Jan. 23,
                1995, 109 Stat. 37.)
     399.78-12  Sec. 1412. Expedited review of certain appeals
                (a) In general
                    An appeal may be taken directly to the Supreme Court of
                the United States from any interlocutory or final judgment,
                decree, or order of a court upon the constitutionality of
                any provision of this chapter.
                (b) Jurisdiction
                    The Supreme Court shall, if it has not previously ruled
                on the question, accept jurisdiction over the appeal
                referred to in subsection (a) of this section, advance the
                appeal on the docket, and expedite the appeal to the
                greatest extent possible. (Pub. L. 104-1, title IV,
                Sec. 412, Jan. 23, 1995, 109 Stat. 37.)
     399.78-13  Sec. 1413. Privileges and immunities
                    The authorization to bring judicial proceedings under
                sections 1405(f)(3), 1407, and 1408 of this title shall not
                constitute a waiver of sovereign immunity for any other
                purpose, or of the privileges of any Senator or Member of
                the House of Representatives under article I, section 6,
                clause 1, of the Constitution, or a waiver of any power of
                either the Senate or the House of Representatives under the
                Constitution, including under article I, section 5, clause
                3, or under the rules of either House relating to records
                and information within its jurisdiction. (Pub. L. 104-1,
                title IV, Sec. 413, Jan. 23, 1995, 109 Stat. 38.)
     399.78-14  Sec. 1414. Settlement of complaints
                    Any settlement entered into by the parties to a process
                described in section 1331, 1341, 1351, or 1401 of this title
                shall be in writing and not become effective unless it is
                approved by the Executive Director. Nothing in this chapter
                shall affect the power of the Senate and the House of
                Representatives, respectively, to establish rules governing
                the process by which a settlement may be entered into by
                such House or by any employing office of such House. (Pub.
                L. 104-1, title IV, Sec. 414, Jan. 23, 1995, 109 Stat. 38.)
     399.78-15  Sec. 1415. Payments
                (a) Awards and settlements
                    Except as provided in subsection (c), only funds which
                are appropriated to an account of the Office in the Treasury
                of the United States for the payment of awards and
                settlements may be used for the payment of awards and
                settlements under this Act. There are authorized to be
                appropriated for such account such sums as may be necessary
                to pay such awards and settlements. Funds in the account are
                not available

    [[Page 555]]

                for awards and settlements involving the General Accounting
                Office, the Government Printing Office, or the Library of
                Congress.
                (b) Compliance
                    Except as provided in subsection (c), there are
                authorized to be appropriated such sums as may be necessary
                for administrative, personnel, and similar expenses of
                employing offices which are needed to comply with this Act.
                (c) OSHA, accommodation, and access requirements
                    Funds to correct violations of section 201(a)(3), 210,
                or 215 of this Act may be paid only from funds appropriated
                to the employing office or entity responsible for correcting
                such violations. There are authorized to be appropriated
                such sums as may be necessary for such funds. (Pub. L. 104-
                1, title IV, Sec. 415, Jan. 23, 1995, 109 Stat. 38.)
     399.78-16  Sec. 1416. Confidentiality
                (a) Counseling
                    All counseling shall be strictly confidential, except
                that the Office and a covered employee may agree to notify
                the employing office of the allegations.
                (b) Mediation
                    All mediation shall be strictly confidential.
                (c) Hearings and deliberations
                    Except as provided in subsections (d), (e), and (f) of
                this title, all proceedings and deliberations of hearing
                officers and the Board, including any related records, shall
                be confidential. This subsection shall not apply to
                proceedings under section 1341 of this title, but shall
                apply to the deliberations of hearing officers and the Board
                under that section.
                (d) Release of records for judicial action
                    The records of hearing officers and the Board may be
                made public if required for the purpose of judicial review
                under section 1407 of this title.
                (e) Access by committees of Congress
                    At the discretion of the Executive Director, the
                Executive Director may provide to the Committee on Standards
                of Official Conduct of the House of Representatives and the
                Select Committee on Ethics of the Senate access to the
                records of the hearings and decisions of the hearing
                officers and the Board, including all written and oral
                testimony in the possession of the Office. The Executive
                Director shall not provide such access until the Executive
                Director has consulted with the individual filing the
                complaint at issue, and until a final decision has been
                entered under section 1405(g) or 1406(e) of this title.
                (f) Final decisions
                    A final decision entered under section 1405(g) or
                1406(e) of this title shall be made public if it is in favor
                of the complaining covered employee, or in favor of the
                charging party under section 1331 of this title, or if the
                decision reverses a decision of a hearing officer which had
                been in favor of the covered employee or charging party. The
                Board may make public any other decision at its discretion.
                (Pub. L. 104-1, title IV, Sec. 416, Jan. 23, 1995, 109 Stat.
                38.)

    [[Page 556]]

        399.79
                           Subchapter V.--Miscellaneous Provisions

      399.79-1  Sec. 1431. Exercise of rulemaking powers
                    The provisions of sections 1302(b)(3) and 1384(c) of
                this title are enacted--
                        (1) as an exercise of the rulemaking power of the
                    House of Representatives and the Senate, respectively,
                    and as such they shall be considered as part of the
                    rules of such House, respectively, and such rules shall
                    supersede other rules only to the extent that they are
                    inconsistent therewith; and
                        (2) with full recognition of the constitutional
                    right of either House to change such rules (so far as
                    relating to such House) at any time, in the same manner,
                    and to the same extent as in the case of any other rule
                    of each House. (Pub. L. 104-1, title V, Sec. 501, Jan.
                    23, 1995, 109 Stat. 39.)
      399.79-2  Sec. 1432. Political affiliation and place of residence
                (a) In general
                    It shall not be a violation of any provision of section
                1311 of this title to consider the--
                        (1) party affiliation;
                        (2) domicile; or
                        (3) political compatibility with the employing
                    office;
                of an employee referred to in subsection (b) of this section
                with respect to employment decisions.
                (b) Definition
                    For purposes of subsection (a) of this title, the term
                ``employee'' means--
                        (1) an employee on the staff of the leadership of
                    the House of Representatives or the leadership of the
                    Senate;
                        (2) an employee on the staff of a committee or
                    subcommittee of--
                                (A) the House of Representatives;
                                (B) the Senate; or
                                (C) a joint committee of the Congress;
                        (3) an employee on the staff of a Member of the
                    House of Representatives or on the staff of a Senator;
                        (4) an officer of the House of Representatives or
                    the Senate or a congressional employee who is elected by
                    the House of Representatives or Senate or is appointed
                    by a Member of the House of Representatives or by a
                    Senator (in addition an employee described in paragraph
                    (1), (2), or (3)); or
                        (5) an applicant for a position that is to be
                    occupied by an individual described in any of paragraphs
                    (1) through (4). (Pub. L. 104-1, title V, Sec. 502, Jan.
                    23, 1995, 109 Stat. 39.)
      399.79-3  Sec. 1433. Nondiscrimination rules of the House and Senate
                    The Select Committee on Ethics of the Senate and the
                Committee on Standards of Official Conduct of the House of
                Representatives retain full power, in accordance with the
                authority provided to them by the Senate and the House, with
                respect to the discipline of Members, officers, and
                employees for violating rules of the Senate and the House on
                nondiscrimination in employment. (Pub. L. 104-1, title V,
                Sec. 503, Jan. 23, 1995, 109 Stat. 40.)

    [[Page 557]]

      399.79-4  Sec. 1434. Judicial branch coverage study
                    The Judicial Conference of the United States shall
                prepare a report for submission by the Chief Justice of the
                United States to the Congress on the application to the
                judicial branch of the Federal Government of--
                        (1) the Fair Labor Standards Act of 1938 (29 U.S.C.
                    201 et seq.);
                        (2) title VII of the Civil Rights Act of 1964 (42
                    U.S.C. 2000e et seq.);
                        (3) the Americans with Disabilities Act of 1990 (42
                    U.S.C. 12101 et seq.);
                        (4) the Age Discrimination in Employment Act of 1967
                    (29 U.S.C. 621 et seq.);
                        (5) the Family and Medical Leave Act of 1993 (29
                    U.S.C. 2611 et seq.);
                        (6) the Occupational Safety and Health Act of 1970
                    (29 U.S.C. 651 et seq.);
                        (7) chapter 71 (relating to Federal service labor-
                    management relations) of title 5;
                        (8) the Employee Polygraph Protection Act of 1988
                    (29 U.S.C. 2001 et seq.);
                        (9) the Worker Adjustment and Retraining
                    Notification Act (29 U.S.C. 2101 et seq.);
                        (10) the Rehabilitation Act of 1973 (29 U.S.C. 701
                    et seq.); and
                        (11) chapter 43 (relating to veterans' employment
                    and reemployment) of title 38.
                    The report shall be submitted to Congress not later than
                December 31, 1996, and shall include any recommendations the
                Judicial Conference may have for legislation to provide to
                employees of the judicial branch the rights, protections,
                and procedures under the listed laws, including
                administrative and judicial relief, that are comparable to
                those available to employees of the legislative branch under
                subchapter I through IV of this chapter. (Pub. L. 104-1,
                title V, Sec. 505, Jan. 23, 1995, 109 Stat. 41.)
      399.79-5  Sec. 1435. Savings provisions.
                (a) Transition provisions for employees of the House of
                Representatives and of the Senate
                        (1) Claims arising before effective date
                            If, as of the date on which section 1311 of this
                        title takes effect, an employee of the Senate or the
                        House of Representatives has or could have requested
                        counseling under section 305 of the Government
                        Employees Rights Act of 1991 (2 U.S.C. 1205) or Rule
                        LI of the House of Representatives, including
                        counseling for alleged violations of family and
                        medical leave rights under subchapter V of chapter
                        28 of title 29, the employee may complete, or
                        initiate and complete, all procedures under chapter
                        23 of this title and Rule LI, and the provisions of
                        that chapter and Rule shall remain in effect with
                        respect to, and provide the exclusive procedures
                        for, those claims until the completion of all such
                        procedures.
                        (2) Claims arising between effective date and
                    opening of office
                            If a claim by an employee of the Senate or House
                        of Representatives arises under section 1311 or 1312
                        of this title after January

    [[Page 558]]

                        23, 1995, but before the opening of the Office for
                        receipt of requests for counseling or mediation
                        under sections 1402 and 1403 of this title, the
                        provisions of chapter 23 of this title and Rule LI
                        of the House of Representatives relating to
                        counseling and mediation shall remain in effect, and
                        the employee may complete under that chapter or Rule
                        the requirements for counseling and mediation under
                        sections 1402 and 1403 of this title. If, after
                        counseling and mediation is completed, the Office
                        has not yet opened for the filing of a timely
                        complaint under section 1405 of this title, the
                        employee may elect--
                                (A) to file a complaint under section 307 of
                            the Government Employees Rights Act of 1991 (2
                            U.S.C. 1207) or Rule LI of the House of
                            Representatives, and thereafter proceed
                            exclusively under that Act or Rule, the
                            provisions of which shall remain in effect until
                            the completion of all proceedings in relation to
                            the complaint, or
                                (B) to commence a civil action under section
                            1408 of this title.
                        (3) Section 1207a of this title
                            With respect to payments of awards and
                        settlements relating to Senate employees under
                        paragraph (1) of this subsection, section 1207a of
                        this title remains in effect.
                (b) Transition provisions for employees of the Architect of
                the Capitol
                        (1) Claims arising before effective date
                            If, as of January 23, 1995, an employee of the
                        Architect of the Capitol has or could have filed a
                        charge or complaint regarding an alleged violation
                        of section 166b-7(e)(2) of title 40, the employee
                        may complete, or initiate and complete, all
                        procedures under section 166b-7(e) title 40, the
                        provisions of which shall remain in effect with
                        respect to, and provide the exclusive procedures
                        for, that claim until the completion of all such
                        procedures.
                        (2) Claims arising between effective date and
                    opening of office
                            If a claim by an employee of the Architect of
                        the Capitol arises under section 1311 or 1312 of
                        this title after January 23, 1995, but before the
                        opening of the Office for receipt of requests for
                        counseling or mediation under sections 1402 and 1403
                        of this title, the employee may satisfy the
                        requirements for counseling and mediation by
                        exhausting the requirements prescribed by the
                        Architect of the Capitol in accordance with section
                        166b-7(e)(3) of title 40. If, after exhaustion of
                        those requirements the Office has not yet opened for
                        the filing of a timely complaint under section 1405
                        of this title, the employee may elect--
                                (A) to file a charge with the General
                            Accounting Office Personnel Appeals Board
                            pursuant to section 166b-7(e)(3) of title 40,
                            and thereafter proceed exclusively under section
                            166b-7(e) of title 40, the provisions of which
                            shall remain in effect until the completion of
                            all proceedings in relation to the charge, or
                                (B) to commence a civil action under section
                            1408 of this title.
                (c) Transition provision relating to matters other than
                employment under section 12209 of title 42
                    With respect to matters other than employment under
                section 12209 of title 42, the rights, protections,
                remedies, and procedures of section 12209 of title 42 shall
                remain in effect until section 1331 of this title

    [[Page 559]]

                takes effect with respect to each of the entities covered by
                section 12209 of this title. (Pub. L. 104-1, title V,
                Sec. 506, Jan. 23, 1995, 109 Stat. 42.)
      399.79-6  Sec. 1436. Use of frequent flyer miles
                (a) Limitation on the use of travel awards
                    Notwithstanding any other provision of law, or any rule,
                regulation, or other authority, any travel award that
                accrues by reason of official travel of a Member, officer,
                or employee of the Senate shall be considered the property
                of the office for which the travel was performed and may not
                be converted to personal use.
                (b) Regulations
                    The Committee on Rules and Administration of the Senate
                shall have authority to prescribe regulations to carry out
                this section.
                (c) Definitions
                    As used in this section--
                        (1) the term ``travel award'' means any frequent
                    flyer, free, or discounted travel, or other travel
                    benefit, whether awarded by coupon, membership, or
                    otherwise; and
                        (2) the term ``official travel'' means travel
                    engaged in the course of official business of the
                    Senate. (Pub. L. 104-1, title V, Sec. 507, Jan. 23,
                    1995, 109 Stat. 44.)
      399.79-7  Sec. 1437. Sense of Senate regarding adoption of simplified
                    and streamlined acquisition procedures for Senate
                    acquisitions
                    It is the sense of the Senate that the Committee on
                Rules and Administration of the Senate should review the
                rules applicable to purchases by Senate offices to determine
                whether they are consistent with the acquisition
                simplification and streamlining laws enacted in chapter 4 of
                title 41. (Pub. L. 104-1, title V, Sec. 508, Jan. 23, 1995,
                109 Stat. 44.)
      399.79-8  Sec. 1438. Severability
                    If any provision of this chapter or the application of
                such provision to any person or circumstance is held to be
                invalid, the remainder of this chapter and the application
                of the provisions of the remainder to any person or
                circumstance shall not be affected thereby. (Pub. L. 104-1,
                title V, Sec. 509, Jan. 23, 1995, 109 Stat. 44.)
        399.80
                            Chapter 25.--UNFUNDED MANDATES REFORM

      399.80-1  Sec. 1501. Purposes
                    The purposes of this chapter are--
                        (1) to strengthen the partnership between the
                    Federal Government and State, local, and tribal
                    governments;
                        (2) to end the imposition, in the absence of full
                    consideration by Congress, of Federal mandates on State,
                    local, and tribal governments without adequate Federal
                    funding, in a manner that may displace other essential
                    State, local, and tribal governmental priorities;
                        (3) to assist Congress in its consideration of
                    proposed legislation establishing or revising Federal
                    programs containing Federal mandates affecting State,
                    local, and tribal governments, and the private sector
                    by--
                                (A) providing for the development of
                            information about the nature and size of
                            mandates in proposed legislation; and

    [[Page 560]]

                                (B) establishing a mechanism to bring such
                            information to the attention of the Senate and
                            the House of Representatives before the Senate
                            and the House of Representatives vote on
                            proposed legislation;
                        (4) to promote informed and deliberate decisions by
                    Congress on the appropriateness of Federal mandates in
                    any particular instance;
                        (5) to require that Congress consider whether to
                    provide funding to assist State, local, and tribal
                    governments in complying with Federal mandates, to
                    require analyses of the impact of private sector
                    mandates, and through the dissemination of that
                    information provide informed and deliberate decisions by
                    Congress and Federal agencies and retain competitive
                    balance between the public and private sectors;
                        (6) to establish a point-of-order vote on the
                    consideration in the Senate and House of Representatives
                    of legislation containing significant Federal
                    intergovernmental mandates without providing adequate
                    funding to comply with such mandates;
                        (7) to assist Federal agencies in their
                    consideration of proposed regulations affecting State,
                    local, and tribal governments, by--
                                (A) requiring that Federal agencies develop
                            a process to enable the elected and other
                            officials of State, local, and tribal
                            governments to provide input when Federal
                            agencies are developing regulations; and
                                (B) requiring that Federal agencies prepare
                            and consider estimates of the budgetary impact
                            of regulations containing Federal mandates upon
                            State, local, and tribal governments and the
                            private sector before adopting such regulations,
                            and ensuring that small governments are given
                            special consideration in that process; and
                        (8) to begin consideration of the effect of
                    previously imposed Federal mandates, including the
                    impact on State, local, and tribal governments of
                    Federal court interpretations of Federal statutes and
                    regulations that impose Federal intergovernmental
                    mandates. (Pub. L. 104-4, Sec. 2, Mar. 22, 1995, 109
                    Stat. 48.)
      399.80-2  Sec. 1502. Definitions
                    For purposes of this chapter--
                        (1) except as provided in section 1555 of this
                    title, the terms defined under section 658 of this title
                    shall have the meanings as so defined; and
                        (2) the term ``Director'' means the Director of the
                    Congressional Budget Office. (Pub. L. 104-4, Sec. 3,
                    Mar. 22, 1995, 109 Stat. 49.)
      399.80-3  Sec. 1503. Exclusions
                    This chapter shall not apply to any provision in a bill,
                joint resolution, amendment, motion, or conference report
                before Congress and any provision in a proposed or final
                Federal regulation that--
                        (1) enforces constitutional rights of individuals;
                        (2) establishes or enforces any statutory rights
                    that prohibit discrimination on the basis of race,
                    color, religion, sex, national origin, age, handicap, or
                    disability;
                        (3) requires compliance with accounting and auditing
                    procedures with respect to grants or other money or
                    property provided by the Federal Government;

    [[Page 561]]

                        (4) provide for emergency assistance or relief at
                    the request of any State, local, or tribal government or
                    any official of a State, local, or tribal government;
                        (5) is necessary for the national security or the
                    ratification or implementation of international treaty
                    obligations;
                        (6) the President designates as emergency
                    legislation and that the Congress so designates in
                    statute; or
                        (7) relates to the old-age, survivors, and
                    disability insurance program under subchapter II of
                    chapter 7 of title 42 (including taxes imposed by
                    sections 3101(a) and 3111(a) of title 26 (relating to
                    old-age, survivors, and disability insurance)). (Pub. L.
                    104-4, Sec. 4, Mar. 22, 1995, 109 Stat. 49.)
      399.80-4  Sec. 1504. Agency assistance
                    Each agency shall provide to the Director such
                information and assistance as the Director may reasonably
                request to assist the Director in carrying out this chapter.
                (Pub. L. 104-4, Sec. 5, Mar. 22, 1995, 109 Stat. 50.)
        399.81
                    Subchapter I.--Legislative Accountability and Reform

      399.81-1  Sec. 1511. Cost of regulations
                (a) Sense of the Congress
                    It is the sense of the Congress that Federal agencies
                should review and evaluate planned regulations to ensure
                that the cost estimates provided by the Congressional Budget
                Office will be carefully considered as regulations are
                promulgated.
                (b) Statement of cost
                    At the request of a committee chairman or ranking
                minority member, the Director shall, to the extent
                practicable, prepare a comparison between--
                        (1) an estimate by the relevant agency, prepared
                    under section 1532 of this title, of the costs of
                    regulations implementing an Act containing a Federal
                    mandate; and
                        (2) the cost estimate prepared by the Congressional
                    Budget Office for such Act when it was enacted by the
                    Congress.
                (c) Cooperation of Office of Management and Budget
                    At the request of the Director of the Congressional
                Budget Office, the Director of the Office of Management and
                Budget shall provide data and cost estimates for regulations
                implementing an Act containing a Federal mandate covered by
                part B of subchapter II of chapter 17a of this title. (Pub.
                L. 104-4, title I, Sec. 103, Mar. 22, 1995, 109 Stat. 62.)
                Effective Date
                    Section 110 of Pub. L. 104-4 provided that: ``This title
                [enacting this subchapter and part B of subchapter II of
                chapter 17a of this title, and amending sections 602, 632,
                653 of this title] shall take effect on January 1, 1996 or
                on the date 90 days after appropriations are made available
                as authorized under section 109, whichever is earlier and
                shall apply to legislation considered on and after such
                date.''
      399.81-2  Sec. 1512. Consideration for Federal funding
                    Nothing in this chapter shall preclude a State, local,
                or tribal government that already complies with all or part
                of the Federal intergovern-

    [[Page 562]]

                mental mandates included in the bill, joint resolution,
                amendment, motion, or conference report from consideration
                for Federal funding under section 658c(a)(2) of this title
                for the cost of the mandate, including the costs the State,
                local, or tribal government is currently paying and any
                additional costs necessary to meet the mandate. (Pub. L.
                104-4, title I, Sec. 105, Mar. 22, 1995, 109 Stat. 62)
      399.81-3  Sec. 1513. Impact on local governments
                (a) Findings
                    The Senate finds that--
                        (1) the Congress should be concerned about shifting
                    costs from Federal to State and local authorities and
                    should be equally concerned about the growing tendency
                    of States to shift costs to local governments;
                        (2) cost shifting from States to local governments
                    has, in many instances, forced local governments to
                    raise property taxes or curtail sometimes essential
                    services; and
                        (3) increases in local property taxes and cuts in
                    essential services threaten the ability of many citizens
                    to attain and maintain the American dream of owning a
                    home in a safe, secure community.
                (b) Sense of the Senate
                    It is the sense of the Senate that--
                        (1) the Federal Government should not shift certain
                    costs to the State, and States should end the practice
                    of shifting costs to local governments, which forces
                    many local governments to increase property taxes;
                        (2) States should end the imposition, in the absence
                    of full consideration by their legislatures, of State
                    issued mandates on local governments without adequate
                    State funding, in a manner that may displace other
                    essential government priorities; and
                        (3) one primary objective of this chapter and other
                    efforts to change the relationship among Federal, State,
                    and local governments should be to reduce taxes and
                    spending at all levels and to end the practice of
                    shifting costs from one level of government to another
                    with little or no benefit to taxpayers. (Pub. L. 104-4,
                    title I, Sec. 106, Mar. 22, 1995, 109 Stat. 63.)
      399.81-4  Sec. 1514. Enforcement in the House of Representatives
                (a) Motions to strike in the Committee of the Whole
                    Clause 5 of rule XXIII of the Rules of the House of
                Representatives is amended by adding at the end the
                following:
                    ``(c) In the consideration of any measure for amendment
                in the Committee of the Whole containing and Federal mandate
                the direct costs of which exceed the threshold in section
                424(a)(1) of the Unfunded Mandate Reform Act of 1995, it
                shall always be in order, unless specifically waived by
                terms of a rule governing consideration of that measure, to
                move to strike such Federal mandate from the portion of the
                bill then open to amendment.''.
                (b) Committee on Rules Reports on Waived Points of Order
                        The Committee on Rules shall include in the report
                    required by clause 1(d) of rule XI (relating to its
                    activities during the Congress) of the Rules of the
                    House of Representatives a separate item identifying all
                    waivers of points of order relating to Federal mandates,
                    listed

    [[Page 563]]

                    by bill or joint resolution number and the subject
                    matter of that measure. (Pub. L. 104-4, title I,
                    Sec. 107, Mar. 22, 1995, 109 Stat. 63.)
      399.81-5  Sec. 1515. Exercise of rulemaking powers
                    The provisions of part B of subchapter IV of chapter 17a
                of this title and 1514 of this title are enacted by
                Congress--
                        (1) as an exercise of the rulemaking power of the
                    Senate and the House of Representatives, respectively,
                    and as such they shall be considered as part of the
                    rules of such House, respectively, and such rules shall
                    supersede other rules only to the extent that they are
                    inconsistent therewith; and
                        (2) with full recognition of the constitutional
                    right of either House to change such rules (so far as
                    relating to such House) at any time, in the same manner,
                    and to the same extent as in the case of any other rule
                    of each House. (Pub. L. 104-4, title I, Sec. 108, Mar.
                    22, 1995, 109 Stat. 63.)
      399.81-6  Sec. 1516. Authorization of appropriations
                    There are authorized to be appropriated to the
                Congressional Budget Office $4,500,000 for each of the
                fiscal years 1996, 1997, 1998, 1999, 2000, 2001, and 2002 to
                carry out the provisions of this subchapter.
                (Pub. L. 104-4, title I, Sec. 109, Mar. 22, 1995, 109 Stat.
                64.)
        399.83
                    Subchapter II.--Regulatory Accountability and Reform

      399.83-1  Sec. 1531. Regulatory process
                    Each agency shall, unless otherwise prohibited by law,
                assess the effects of Federal regulatory actions on State,
                local, and tribal governments, and the private sector (other
                than to the extent that such regulations incorporate
                requirements specifically set forth in law). (Pub. L. 104-4,
                title II, Sec. 201, Mar. 22, 1995, 109 Stat. 64.)
      399.83-2  Sec. 1532. Statements to accompany significant regulatory
                    actions
                (a) In general
                    Unless otherwise prohibited by law, before promulgating
                any general notice of proposed rulemaking that is likely to
                result in promulgation of any rule that includes any Federal
                mandate that may result in the expenditure by State, local,
                and tribal governments, in the aggregate, or by the private
                sector, of $100,000,000 or more (adjusted annually for
                inflation) in any 1 year, and before promulgating any final
                rule for which a general notice of proposed rulemaking was
                published, the agency shall prepare a written statement
                containing--
                        (1) an identification of the provision of Federal
                    law under which the rule is being promulgated;
                        (2) a qualitative and quantitative assessment of the
                    anticipated costs and benefits of the Federal mandate,
                    including the costs and benefits to State, local, and
                    tribal governments or the private sector, as well as the
                    effect of the Federal mandate of health, safety, and the
                    natural environment and such an assessment shall
                    include--
                                (A) an analysis of the extent to which such
                            costs to State, local, and tribal governments
                            may be paid with Federal financial assistance
                            (or otherwise paid for by the Federal
                            Government); and
                                (B) the extent to which there are available
                            Federal resources to carry out the
                            intergovernmental mandate;

    [[Page 564]]

                        (3) estimates by the agency, if and to the extent
                    that the agency determines that accurate estimates are
                    reasonably feasible, of--
                                (A) the future compliance costs of the
                            Federal mandate; and
                                (B) any disproportionate budgetary effects
                            of the Federal mandate upon any particular
                            regions of the nation or particular State,
                            local, or tribal governments, urban or rural or
                            other types of communities, or particular
                            segments of the private sector;
                        (4) estimates by the agency of the effect on the
                    national economy, such as the effect on productivity,
                    economic growth, full employment, creation of productive
                    jobs, and international competitiveness of United States
                    goods and services, if and to the extent that the agency
                    in its sole discretion determines that accurate
                    estimates are reasonably feasible and that such effect
                    is relevant and material; and
                        (5)(A) a description of the extent of the agency's
                    prior consultation with elected representatives (under
                    section 1534 of this title) of the affected State,
                    local, and tribal governments;
                        (B) a summary of the comments and concerns that were
                    presented by State, local, or tribal governments either
                    orally or in writing to the agency; and
                        (C) a summary of the agency's evaluation of those
                    comments and concerns.
                (b) Promulgation
                    In promulgating a general notice of proposed rulemaking
                or a final rule for which a statement under subsection (a)
                of this section is required, the agency shall include in the
                promulgation a summary of the information contained in the
                statement.
                (c) Preparation in conjunction with other statement
                    Any agency may prepare any statement required under
                subsection (a) of this section in conjunction with or as
                part of any other statement or analysis, provided that the
                statement or analysis satisfies the provisions of subsection
                (a) of this section. (Pub. L. 104-4, title II, Sec. 202,
                Mar. 22, 1995, 109 Stat. 64.)
      399.83-3  Sec. 1533. Small government agency plan
                (a) Effects on small governments
                    Before establishing any regulatory requirements that
                might significantly or uniquely affect small governments,
                agencies shall have developed a plan under which the agency
                shall--
                        (1) provide notice of the requirements to
                    potentially affected small governments, if any;
                        (2) enable officials of affected small governments
                    to provide meaningful and timely input in the
                    development of regulatory proposals containing
                    significant Federal intergovernmental mandates; and
                        (3) inform, educate, and advise small governments on
                    compliance with the requirements.
                (b) Authorization of appropriations
                    There are authorized to be appropriated to each agency
                to carry out the provisions of this section and for no other
                purpose, such sums as are necessary. (Pub. L. 104-4, title
                II, Sec. 203, Mar. 22, 1995, 109 Stat. 65.)
      399.83-4  Sec. 1534. State, local, and tribal government input
                (a) In general

    [[Page 565]]

                    Each agency shall, to the extent permitted in law,
                develop an effective process to permit elected officers of
                State, local, and tribal governments (or their designated
                employees with authority to act on their behalf) to provide
                meaningful and timely input in the development of regulatory
                proposals containing significant Federal intergovernmental
                mandates.
                (b) Meetings between State, local, tribal and Federal
                officers
                    The Federal Advisory Committee Act (5 U.S.C. App.) shall
                not apply to actions in support of intergovernmental
                communications where--
                        (1) meetings are held exclusively between Federal
                    officials and elected officers of State, local, and
                    tribal governments (or their designated employees with
                    authority to act on their behalf) acting in their
                    official capacities; and
                        (2) such meetings are solely for the purposes of
                    exchanging views, information, or advice relating to the
                    management or implementation of Federal programs
                    established pursuant to public law that explicitly or
                    inherently share intergovernmental responsibilities or
                    administration.
                (c) Implementing guidelines
                    No later than 6 months after March 22, 1995, the
                President shall issue guidelines and instructions to Federal
                agencies for appropriate implementation of subsections (a)
                and (b) of this section consistent with applicable laws and
                regulations. (Pub. L. 104-4, title II, Sec. 204, Mar. 22,
                1995, 109 Stat. 65.)
      399.83-5  Sec. 1535. Least burdensome option or explanation required
                (a) In general
                    Except as provided in subsection (b) of this section,
                before promulgating any rule for which a written statement
                is required under section 1532 of this title, the agency
                shall identify and consider a reasonable number of
                regulatory alternatives and from those alternatives select
                the least costly, most cost-effective or least burdensome
                alternative that achieves the objectives of the rule, for--
                        (1) State, local, and tribal governments, in the
                    case of a rule containing a Federal intergovernmental
                    mandate; and
                        (2) the private sector, in the case of a rule
                    containing a Federal private sector mandate.
                (b) Exception
                    The provisions of subsection (a) of this section shall
                apply unless--
                        (1) the head of the affected agency publishes with
                    the final rule an explanation of why the least costly,
                    most cost-effective or least burdensome method of
                    achieving the objectives of the rule was not adopted; or
                        (2) the provisions are inconsistent with law.
                (c) OMB certification
                    No later than 1 year after March 22, 1995, the Director
                of the Office of Management and Budget shall certify to
                Congress, with a written explanation, agency compliance with
                this section and include in that certification agencies and
                rulemakings that fail to adequately comply with this
                section. (Pub. L. 104-4, title II, Sec. 205, Mar. 22, 1995,
                109 Stat. 66.)
      399.83-6  Sec. 1536. Assistance to the Congressional Budget Office
                    The Director of the Office of Management and Budget
                shall--

    [[Page 566]]

                        (1) collect from agencies the statements prepared
                    under section 1532 of this title; and
                        (2) periodically forward copies of such statements
                    to the Director of the Congressional Budget Office on a
                    reasonably timely basis after promulgation of the
                    general notice of proposed rulemaking or of the final
                    rule for which the statement was prepared. (Pub. L. 104-
                    4, title II, Sec. 206, Mar. 22, 1995, 109 Stat. 66.)
      399.83-7  Sec. 1537. Pilot program on small government flexibility
                (a) In general
                    The Director of the Office of Management and Budget, in
                consultation with Federal agencies, shall establish pilot
                programs in at least two agencies to test innovative, and
                more flexible regulatory approaches that--
                        (1) reduce reporting and compliance burdens on small
                    governments; and
                        (2) meet overall statutory goals and objectives.
                (b) Program focus
                    The pilot programs shall focus on rules in effect or
                proposed rules, or a combination thereof. (Pub. L. 104-4,
                title II, Sec. 207, Mar. 22, 1995, 109 Stat. 67.)
      399.83-8  Sec. 1538. Annual statements to Congress on agency
                    compliance
                    No later than 1 year after March 22, 1995 and annually
                thereafter, the Director of the Office of Management and
                Budget shall submit to the Congress, including the Committee
                on Governmental Affairs of the Senate and the Committee on
                Government Reform and Oversight of the House of
                Representatives, a written report detailing compliance by
                each agency during the preceding reporting period with the
                requirements of this subchapter. (Pub. L. 104-4, title II,
                Sec. 208, Mar. 22, 1995, 109 Stat. 67.)
        399.85
                         Subchapter III.--Review of Federal Mandates

      399.85-1  Sec. 1551. Baseline study of costs and benefits
                (a) In general
                    No later than 18 months after March 22, 1995, the
                Advisory Commission on Intergovernmental Relations
                (hereafter in this title referred to as the ``Advisory
                Commission''), in consultation with the Director, shall
                complete a study to examine the measurement and definition
                issues involved in calculating the total costs and benefits
                to State, local, and tribal governments of compliance with
                Federal law.
                (b) Considerations
                    The study required by this sections shall consider--
                        (1) the feasibility of measuring indirect costs and
                    benefits as well as direct costs and benefits of the
                    Federal, State, local, and tribal relationship; and
                        (2) how to measure both the direct and indirect
                    benefits of Federal financial assistance and tax
                    benefits to State, local, and tribal governments. (Pub.
                    L. 104-4, title III, Sec. 301, Mar. 22, 1995, 109 Stat.
                    67.)

    [[Page 567]]

      399.85-2  Sec. 1552. Report on Federal mandates by Advisory Commission
                    on Intergovernmental Relations
                (a) In general
                    The Advisory Commission on Intergovernmental Relations
                shall in accordance with this section--
                        (1) investigate and review the role of Federal
                    mandates in intergovernmental relations and their impact
                    on State, local, tribal, and Federal government
                    objectives and responsibilities, and their impact on the
                    competitive balance between State, local, and tribal
                    governments, and the private sector and consider views
                    of and the impact on working men and women on those same
                    matters;
                        (2) investigate and review the role of unfunded
                    State mandates imposed on local governments;
                        (3) make recommendations to the President and the
                    Congress regarding--
                                (A) allowing flexibility for State, local,
                            and tribal governments in complying with
                            specific Federal mandates for which terms of
                            compliance are unnecessarily rigid or complex;
                                (B) reconciling any two or more Federal
                            mandates which impose contradictory or
                            inconsistent requirements;
                                (C) terminating Federal mandates which are
                            duplicative, obsolete, or lacking in practical
                            utility;
                                (D) suspending, on a temporary basis,
                            Federal mandates which are not vital to public
                            health and safety and which compound the fiscal
                            difficulties of State, local, and tribal
                            governments, including recommendations for
                            triggering such suspension;
                                (E) consolidating or simplifying Federal
                            mandates, or the planning or reporting
                            requirements of such mandates, in order to
                            reduce duplication and facilitate compliance by
                            State, local, and tribal governments with those
                            mandates;
                                (F) establishing common Federal definitions
                            or standards to be used by State, local, and
                            tribal governments in complying with Federal
                            mandates that use different definitions or
                            standards for the same terms or principles; and
                                (G)(i) the mitigation of negative impacts on
                            the private sector that may result from
                            relieving State, local, and tribal governments
                            from Federal mandates (if and to the extent that
                            such negative impacts exist on the private
                            sector); and
                                (ii) the feasibility of applying relief from
                            Federal mandates in the same manner and to the
                            same extent to private sector entities as such
                            relief is applied to State, local, and tribal
                            governments; and
                        (4) identify and consider in each recommendation
                    made under paragraph (3), to the extent practicable--
                                (A) the specific Federal mandates to which
                            the recommendation applies, including
                            requirements of the departments, agencies, and
                            other entities of the Federal Government that
                            State, local, and tribal governments utilize
                            metric systems of measurement; and
                                (B) any negative impact on the private
                            sector that may result from implementation of
                            the recommendation.

    [[Page 568]]

                (b) Criteria
                        (1) In general
                            The Commission shall establish criteria for
                        making recommendations under subsection (a) of this
                        section.
                        (2) Issuance of proposed criteria
                            The Commission shall issue proposed criteria
                        under this subsection no later than 60 days after
                        March 22, 1995, and thereafter provide a period of
                        30 days for submission by the public of comments on
                        the proposed criteria.
                        (3) Final criteria
                            No later than 45 days after the date of issuance
                        of proposed criteria, the Commission shall--
                                (A) consider comments on the proposed
                            criteria received under paragraph (2);
                                (B) adopt and incorporate in final criteria
                            any recommendations submitted in those comments
                            that the Commission determines will aid the
                            Commission in carrying out its duties under this
                            section; and
                                (C) issue final criteria under this
                            subsection.
                (c) Preliminary report
                        (1) In general
                            No later than 9 months after March 22, 1995, the
                        Commission shall--
                                (A) prepare and publish a preliminary report
                            on its activities under this subchapter,
                            including preliminary recommendations pursuant
                            to subsection (a) of this section;
                                (B) publish in the Federal Register a notice
                            of availability of the preliminary report; and
                                (C) provide copies of the preliminary report
                            to the public upon request.
                        (2) Public hearings
                            The Commission shall hold public hearings on the
                        preliminary recommendations contained in the
                        preliminary report of the Commission under this
                        subsection.
                (d) Final report
                    No later than 3 months after the date of the publication
                of the preliminary report under subsection (c) of this
                section, the Commission shall submit to the Congress,
                including the Committee on Government Reform and Oversight
                of the House of Representatives, the Committee on
                Governmental Affairs of the Senate, the Committee on the
                Budget of the Senate, and the Committee on the Budget of the
                House of Representatives, and to the President a final
                report on the findings, conclusions, and recommendations of
                the Commission under this section.
                (e) Priority to mandates that are subject of judicial
                proceedings
                    In carrying out this section, the Advisory Commission
                shall give the highest priority to immediately
                investigating, reviewing, and making recommendations
                regarding Federal mandates that are the subject of judicial
                proceedings between the United States and a State, local, or
                tribal government.
                (f) Definition
                    For purposes of this section the term ``State mandate''
                means any provision in a State statute or regulation that
                imposes an enforceable duty on local governments, the
                private sector, or individuals, including

    [[Page 569]]

                a condition of State assistance or a duty arising from
                participation in a voluntary State program. (Pub. L. 104-4,
                title III, Sec. 302, Mar. 22, 1995, 109 Stat. 67.)
      399.85-3  Sec. 1553. Special authorities of Advisory Commission
                (a) Experts and consultants
                    For purposes of carrying out this subchapter, the
                Advisory Commission may procure temporary and intermittent
                services of experts or consultants under section 3109(b) of
                title 5.
                (b) Detail of staff of Federal agencies
                    Upon request of the Executive Director of the Advisory
                Commission, the head of any Federal department or agency may
                detail, on a reimbursable basis, any of the personnel of
                that department or agency to the Advisory Commission to
                assist it in carrying out this subchapter.
                (c) Administrative support services
                    Upon the request of the Advisory Commission, the
                Administrator of General Services shall provide to the
                Advisory Commission, on a reimbursable basis, the
                administrative support services necessary for the Advisory
                Commission to carry out its duties under this subchapter.
                (d) Contract authority
                    The Advisory Commission may, subject to appropriate,
                contract with and compensate government and private persons
                (including agencies) for property and services used to carry
                out its duties under this subchapter. (Pub. L. 104-4, title
                III, Sec. 303, Mar. 22, 1995, 109 Stat. 69.)
      399.85-4  Sec. 1554. Annual report to Congress regarding Federal court
                    rulings
                    No later than 4 months after March 22, 1995, and no
                later than March 15 of each year thereafter, the Advisory
                Commission on Intergovernmental Relations shall submit to
                the Congress, including the Committee on Government Reform
                and Oversight of the House of Representatives and the
                Committee on Governmental Affairs of the Senate, and to the
                President a report describing any Federal court case to
                which a State, local, or tribal government was a party in
                the preceding calendar year that required such State, local,
                or tribal government to undertake responsibilities or
                activities, beyond those such government would otherwise
                have undertaken, to comply with Federal statutes and
                regulations. (Pub. L. 104-4, title III, Sec. 304, Mar. 22,
                1995, 109 Stat. 70.)
      399.85-5  Sec. 1555. Definition
                    Notwithstanding section 1502 of this title, for purposes
                of this subchapter the term ``Federal mandate'' means any
                provision in statute or regulation or any Federal court
                ruling that imposes an enforceable duty upon State, local,
                or tribal governments including a condition of Federal
                assistance or a duty arising from participation in a
                voluntary Federal program. (Pub. L. 104-4, title III,
                Sec. 305, Mar. 22, 1995, 109 Stat. 70.)
      399.85-6  Sec. 1556. Authorization of appropriations
                    There are authorized to be appropriated to the Advisory
                Commission to carry out section 1551 and section 1552 of
                this title, $500,000 for each of fiscal years 1995 and 1996.
                (Pub. L. 104-4, title III, Sec. 306, Mar. 22, 1995, 109
                Stat. 70.)

    [[Page 570]]

        399.87
                               Subchapter IV.--Judicial Review

      399.87-1  Sec. 1571. Judicial review
                (a) Agency statements on significant regulatory actions
                        (1) In general
                            Compliance or noncompliance by any agency with
                        the provisions of sections 1532 and 1533(a) (1) and
                        (2) of this title shall be subject to judicial
                        review only in accordance with this section.
                        (2) Limited review of agency compliance or
                    noncompliance
                                (A) Agency compliance or noncompliance with
                            the provisions of sections 1532 and 1533(a) (1)
                            and (2) of this title shall be subject to
                            judicial review only under section 706(1) of
                            title 5, and only as provided under subparagraph
                            (B).
                                (B) If an agency fails to prepare the
                            written statement (including the preparation of
                            the estimates, analyses, statements, or
                            descriptions) under section 1532 of this title
                            or the written plan under section 1533(a) (1)
                            and (2) of this title, a court may compel the
                            agency to prepare such written statement.
                        (3) Review of agency rules
                            In any judicial review under any other Federal
                        law of an agency rule for which a written statement
                        or plan is required under sections 1532 and 1533(a)
                        (1) and (2) of this title, the inadequacy or failure
                        to prepare such statement (including the inadequacy
                        or failure to prepare any estimate, analysis,
                        statement or description) or written plan shall not
                        be used as a basis for staying, enjoining,
                        invalidating or otherwise affecting such agency
                        rule.
                        (4) Certain information as part of record
                            Any information generated under sections 1532
                        and 1533(a) (1) and (2) of this title that is part
                        of the rulemaking record for judicial review under
                        the provisions of any other Federal law may be
                        considered as part of the record for judicial review
                        conducted under such other provisions of Federal
                        law.
                        (5) Application of other Federal law
                            For any petition under paragraph (2) the
                        provisions of such other Federal law shall control
                        all other matters, such as exhaustion of
                        administrative remedies, the time for and manner of
                        seeking review and venue, except that if such other
                        Federal law does not provide a limitation on the
                        time for filing a petition for judicial review that
                        is less than 180 days, such limitation shall be 180
                        days after a final rule is promulgated by the
                        appropriate agency.
                        (6) Effective date
                            This subsection shall take effect on October 1,
                        1995, and shall apply only to any agency rule for
                        which a general notice of proposed rulemaking is
                        promulgated on or after such date.
                (b) Judicial review and rule of construction
                    Except as provided in subsection (a) of this section
                        (1) any estimate, analysis, statement, description
                    or report prepared under this chapter, and any
                    compliance or noncompliance with the provisions of this
                    chapter, and any determination concerning the
                    applicability of the provisions of this chapter shall
                    not be subject to judicial review; and
                        (2) no provision of this chapter shall be construed
                    to create any right or benefit, substantive or
                    procedural, enforceable by any person

    [[Page 571]]

                    in any administrative or judicial action. (Pub. L. 104-
                    4, title IV, Sec. 401, Mar. 22, 1995, 109 Stat. 70.)
        399.90
                       Chapter 26.--DISCLOSURE OF LOBBYING ACTIVITIES

      399.90-1  Sec. 1601. Findings
                    The Congress finds that--
                        (1) responsible representative Government requires
                    public awareness of the efforts of paid lobbyists to
                    influence the public decisionmaking process in both the
                    legislative and executive branches of the Federal
                    Government;
                        (2) existing lobbying disclosure statutes have been
                    ineffective because of unclear statutory language, weak
                    administrative and enforcement provisions, and an
                    absence of clear guidance as to who is required to
                    register and what they are required to disclose; and
                        (3) the effective public disclosure of the identity
                    and extent of the efforts of paid lobbyists to influence
                    Federal officials in the conduct of Government actions
                    will increase public confidence in the integrity of
                    Government. (Pub. L. 104-65, Sec. 2, Dec. 19, 1995, 109
                    Stat. 691.)
      399.90-2  Sec. 1602. Definitions
                    As used in this chapter:
                        (1) Agency
                            The term ``agency'' has the meaning given that
                        term in section 551(1) of title 5.
                        (2) Client
                            The term ``client'' means any person or entity
                        that employs or retains another person for financial
                        or other compensation to conduct lobbying activities
                        on behalf of that person or entity. A person or
                        entity whose employees act as lobbyists on its own
                        behalf is both a client and an employer of such
                        employees. In the case of a coalition or association
                        that employs or retains other persons to conduct
                        lobbying activities, the client is the coalition or
                        association and not its individual members.
                        (3) Covered executive branch official
                            The term ``covered executive branch official''
                        means--
                                (A) the President;
                                (B) the Vice President;
                                (C) any officer or employee, or any other
                            individual functioning in the capacity of such
                            an officer or employee, in the Executive Office
                            of the President;
                                (D) any officer or employee serving in a
                            position in level I, II, III, IV, or V of the
                            Executive Schedule, as designated by statute or
                            Executive order;
                                (E) any member of the uniformed services
                            whose pay grade is at or above O-7 under section
                            201 of title 37; and
                                (F) any officer or employee serving in a
                            position of a confidential, policy-determining,
                            policy-making, or policy-advocating character
                            described in section 7511(b)(2) of title 5.
                        (4) Covered legislative branch official
                            The term ``covered legislative branch official''
                        means--
                                (A) a Member of Congress;
                                (B) an elected officer of either House of
                            Congress;

    [[Page 572]]

                                (C) any employee of, or any other individual
                            functioning in the capacity of an employee of--
                                    (i) a Member of Congress;
                                    (ii) a committee of either House of
                                Congress;
                                    (iii) the leadership staff of the House
                                of Representatives or the leadership staff
                                of the Senate;
                                    (iv) a joint committee of Congress; and
                                    (v) a working group or caucus organized
                                to provide legislative services or other
                                assistance to Members of Congress; and
                                (D) any other legislative branch employee
                            serving in a position described under section
                            109(13) of the Ethics in Government Act of 1978
                            (5 U.S.C. App.).
                        (5) Employee
                            The term ``employee'' means any individual who
                        is an officer, employee, partner, director, or
                        proprietor of a person or entity, but does not
                        include--
                                (A) independent contractors; or
                                (B) volunteers who receive no financial or
                            other compensation from the person or entity for
                            their services.
                        (6) Foreign entity
                            The term ``foreign entity'' means a foreign
                        principal (as defined in section 1(b) of the Foreign
                        Agents Registration Act of 1938 (22 U.S.C. 611(b)).
                        (7) Lobbying activities
                            The term ``lobbying activities'' means lobbying
                        contacts and efforts in support of such contacts,
                        including preparation and planning activities,
                        research and other background work that is intended,
                        at the time it is performed, for use in contacts,
                        and coordination with the lobbying activities of
                        others.
                        (8) Lobbying contact
                                (A) Definition
                                    The term ``lobbying contact'' means any
                                oral or written communication (including an
                                electronic communication) to a covered
                                executive branch official or a covered
                                legislative branch official that is made on
                                behalf of a client with regard to--
                                        (i) the formulation, modification,
                                    or adoption of Federal legislation
                                    (including legislative proposals);
                                        (ii) the formulation, modification,
                                    or adoption of a Federal rule,
                                    regulation, Executive order, or any
                                    other program, policy, or position of
                                    the United States Government;
                                        (iii) the administration or
                                    execution of a Federal program or policy
                                    (including the negotiation, award, or
                                    administration of a Federal contract,
                                    grant, loan, permit, or license); or
                                        (iv) the nomination or confirmation
                                    of a person for a position subject to
                                    confirmation by the Senate.
                                (B) Exceptions
                                    The term ``lobbying contact'' does not
                                include a communication that is--
                                        (i) made by a public official acting
                                    in the public official's official
                                    capacity;
                                        (ii) made by a representative of a
                                    media organization if the purpose of the
                                    communication is gathering and
                                    disseminating news and information to
                                    the public;

    [[Page 573]]

                                        (iii) made in a speech, article,
                                    publication or other material that is
                                    distributed and made available to the
                                    public, or through radio, television,
                                    cable television, or other medium of
                                    mass communication;
                                        (iv) made on behalf of a government
                                    of a foreign country or a foreign
                                    political party and disclosed under the
                                    Foreign Agents Registration Act of 1938
                                    (22 U.S.C. 611 et seq.);
                                        (v) a request for a meeting, a
                                    request for the status of an action, or
                                    any other similar administrative
                                    request, if the request does not include
                                    an attempt to influence a covered
                                    executive branch official or a covered
                                    legislative branch official;
                                        (vi) made in the course of
                                    participation in an advisory committee
                                    subject to the Federal Advisory
                                    Committee Act;
                                        (vii) testimony given before a
                                    committee, subcommittee, or task force
                                    of the Congress, or submitted for
                                    inclusion in the public record of a
                                    hearing conducted by such committee,
                                    subcommittee, or task force;
                                        (viii) information provided in
                                    writing in response to an oral or
                                    written request by a covered executive
                                    branch official or a covered legislative
                                    branch official for specific
                                    information;
                                        (ix) required by subpoena, civil
                                    investigative demand, or otherwise
                                    compelled by statute, regulation, or
                                    other action of the Congress or an
                                    agency;
                                        (x) made in response to a notice in
                                    the Federal Register, Commerce Business
                                    Daily, or other similar publication
                                    soliciting communications from the
                                    public and directed to the agency
                                    official specifically designated in the
                                    notice to receive such communications;
                                        (xi) not possible to report without
                                    disclosing information, the unauthorized
                                    disclosure of which is prohibited by
                                    law;
                                        (xii) made to an official in an
                                    agency with regard to--
                                            (I) a judicial proceeding or a
                                        criminal or civil law enforcement
                                        inquiry, investigation, or
                                        proceeding; or
                                            (II) a filing or proceeding that
                                        the Government is specifically
                                        required by statute or regulation to
                                        maintain or conduct on a
                                        confidential basis, if that agency
                                        is charged with responsibility for
                                        such proceeding, inquiry,
                                        investigation, or filing;
                                        (xiii) made in compliance with
                                    written agency procedures regarding an
                                    adjudication conducted by the agency
                                    under section 554 of title 5, or
                                    substantially similar provisions;
                                        (xiv) a written comment filed in the
                                    course of a public proceeding or any
                                    other communication that is made on the
                                    record in a public proceeding;
                                        (xv) a petition for agency action
                                    made in writing and required to be a
                                    matter of public record pursuant to
                                    established agency procedures;
                                        (xvi) made on behalf of an
                                    individual with regard to that
                                    individual's benefits, employment, or
                                    other personal matters involving only
                                    that individual, except that this clause
                                    does not apply to any communication
                                    with--
                                            (I) a covered executive branch
                                        official, or

    [[Page 574]]

                                            (II) a covered legislative
                                        branch official (other than the
                                        individual's elected Members of
                                        Congress or employees who work under
                                        such Members' direct supervision),
                                with respect to the formulation,
                                modification, or adoption of private
                                legislation for the relief of that
                                individual;
                                        (xvii) a disclosure by an individual
                                    that is protected under the amendments
                                    made by the Whistleblower Protection Act
                                    of 1989 [5 U.S.C. 1201 et seq.], under
                                    the Inspector General Act of 1978 [12
                                    U.S.C. 1811 et seq.], or under another
                                    provision of law;
                                        (xviii) made by--
                                            (I) a church, its integrated
                                        auxiliary, or a convention or
                                        association of churches that is
                                        exempt from filing a Federal income
                                        tax return under paragraph 2(A)(i)
                                        of section 6033(a) of the Internal
                                        Revenue Code of 1986 [26 U.S.C.
                                        6033(a)], or
                                            (II) a religious order that is
                                        exempt from filing a Federal income
                                        tax return under paragraph
                                        (2)(A)(iii) of such section 6033(a);
                                        and
                                        (xix) between--
                                            (I) officials of a self-
                                        regulatory organization (as defined
                                        in section 3(a)(26) of the
                                        Securities Exchange Act [15 U.S.C.
                                        78c(a)(26)]) that is registered with
                                        or established by the Securities and
                                        Exchange Commission as required by
                                        that Act or a similar organization
                                        that is designated by or registered
                                        with the Commodities Future Trading
                                        Commission as provided under the
                                        Commodity Exchange Act [7 U.S.C. 1
                                        et seq.]; and
                                            (II) the Securities and Exchange
                                        Commission or the Commodities Future
                                        Trading Commission, respectively;
                                relating to the regulatory responsibilities
                                of such organization under that Act.
                        (9) Lobbying firm
                            The term ``lobbying firm'' means a person or
                        entity that has one or more employees who are
                        lobbyists on behalf of a client other than that
                        person or entity. The term also includes a self-
                        employed individual who is a lobbyist.
                        (10) Lobbyist
                            The term ``lobbyist'' means any individual who
                        is employed or retained by a client for financial or
                        other compensation for services that include more
                        than one lobbying contact, other than an individual
                        whose lobbying activities constitute less than 20
                        percent of the time engaged in the services provided
                        by such individual to that client over a 6-month
                        period.
                        (11) Media organization
                            The term ``media organization'' means a person
                        or entity engaged in disseminating information to
                        the general public through a newspaper, magazine,
                        other publication, radio, television, cable
                        television, or other medium of mass communication.
                        (12) Member of Congress
                            The term ``Member of Congress'' means a Senator
                        or a Representative in, or Delegate or Resident
                        Commissioner to, the Congress.
                        (13) Organization

    [[Page 575]]

                            The term ``organization'' means a person or
                        entity other than an individual.
                        (14) Person or entity
                            The term ``person or entity'' means any
                        individual, corporation, company, foundation,
                        association, labor organization, firm, partnership,
                        society, joint stock company, group of
                        organizations, or State or local government.
                        (15) Public official
                            The term ``public official'' means any elected
                        official, appointed official, or employee of--
                                (A) a Federal, State, or local unit of
                            government in the United States other than--
                                    (i) a college or university;
                                    (ii) a government-sponsored enterprise
                                (as defined in section 3(8) of the
                                Congressional Budget and Impoundment Control
                                Act of 1974 [2 U.S.C. 622(8)]);
                                    (iii) a public utility that provides
                                gas, electricity, water, or communications;
                                    (iv) a guaranty agency (as defined in
                                section 435(j) of the Higher Education Act
                                of 1965 (20 U.S.C. 1085(j))), including any
                                affiliate of such an agency; or
                                    (v) an agency of any State functioning
                                as a student loan secondary market pursuant
                                to section 435(d)(1)(F) of the Higher
                                Education Act of 1965 (20 U.S.C.
                                1085(d)(1)(F));
                                (B) a Government corporation (as defined in
                            section 9101 of title 31);
                                (C) an organization of State or local
                            elected or appointed officials other than
                            officials of an entity described in clause (i),
                            (ii), (iii), (iv), or (v) of subparagraph (A);
                                (D) an Indian tribe (as defined in section
                            4(e) of the Indian Self-Determination and
                            Education Assistance Act (25 U.S.C. 450b(e));
                                (E) a national or State political party or
                            any organizational unit thereof; or
                                (F) a national, regional, or local unit of
                            any foreign government.
                        (16) State
                            The term ``State'' means each of the several
                        States, the District of Columbia, and any
                        commonwealth, territory, or possession of the United
                        States. (Pub. L. 104-65, Sec. 3, Dec. 19, 1995, 109
                        Stat. 691.)
      399.90-3  Sec. 1603. Registration of lobbyists
                (a) Registration
                        (1) General rule
                            No later than 45 days after a lobbyist first
                        makes a lobbying contact or is employed or retained
                        to make a lobbying contact, whichever is earlier,
                        such lobbyist (or, as provided under paragraph (2),
                        the organization employing such lobbyist), shall
                        register with the Secretary of the Senate and the
                        Clerk of the House of Representatives.
                        (2) Employer filing
                            Any organization that has one or more employees
                        who are lobbyists shall file a single registration
                        under this section on behalf of

    [[Page 576]]

                        such employees for each client on whose behalf the
                        employees act as lobbyists.
                        (3) Exemption
                                (A) General rule
                                    Notwithstanding paragraphs (1) and (2),
                                a person or entity whose--
                                        (i) total income for matters related
                                    to lobbying activities on behalf of a
                                    particular client (in the case of a
                                    lobbying firm) does not exceed and is
                                    not expected to exceed $5,000; or
                                        (ii) total expenses in connection
                                    with lobbying activities (in the case of
                                    an organization whose employees engage
                                    in lobbying activities on its own
                                    behalf) do not exceed or are not
                                    expected to exceed $20,000,
                                (as estimated under section 5) in the
                                semiannual period described in section
                                1604(a) of this title during which the
                                registration would be made is not required
                                to register under subsection (a) of this
                                title with respect to such client.
                                (B) Adjustment
                                    The dollar amounts in subparagraph (A)
                                shall be adjusted--
                                    (i) on January 1, 1997, to reflect
                                changes in the Consumer Price Index (as
                                determined by the Secretary of Labor) since
                                December 19, 1995; and
                                    (ii) on January 1 of each fourth year
                                occurring after January 1, 1997, to reflect
                                changes in the Consumer Price Index (as
                                determined by the Secretary of Labor) during
                                the preceding 4-year period,
                                rounded to the nearest $500.
                (b) Contents of registration
                    Each registration under this section shall contain----
                        (1) the name, address, business telephone number,
                    and principal place of business of the registrant, and a
                    general description of its business or activities;
                        (2) the name, address, and principal place of
                    business of the activities (if different from paragraph
                    (1));
                        (3) the name, address, and principal place of
                    business of any organization, other than the client,
                    that--
                            (A) contributes more than $10,000 toward the
                        lobbying activities of the registrant in a
                        semiannual period described in section 1604(a) of
                        this title; and
                            (B) in whole or in major part plans, supervises,
                        or controls such lobbying activities.
                        (4) the name, address, principal place of business,
                    amount of any contribution of more than $10,000 to the
                    lobbying activities of the registrant, and approximate
                    percentage of equitable ownership in the client (if any)
                    of any foreign entity that--
                            (A) holds at least 20 percent equitable
                        ownership in the client or any organization
                        identified under paragraph (3);
                            (B) directly or indirectly, in whole or in major
                        part, plans, supervises, controls, directs,
                        finances, or subsidizes the activities of the client
                        or any organization identified under paragraph (3);
                        or

    [[Page 577]]

                            (C) is an affiliate of the client or any
                        organization identified under paragraph (3) and has
                        a direct interest in the outcome of the lobbying
                        activity;
                        (5) a statement of--
                            (A) the general issue areas in which the
                        registrant expects to engage in lobbying activities
                        on behalf of the client; and
                            (B) to the extent practicable, specific issues
                        that have (as of the date of the registration)
                        already been addressed or are likely to be addressed
                        in lobbying activities; and
                        (6) the name of each employee of the registrant who
                    has acted or whom the registrant expects to act as a
                    lobbyist on behalf of the client and, if any such
                    employee has served as a covered executive branch
                    official or a covered legislative branch official in the
                    2 years before the date on which such employee first
                    acted (after December 19, 1995) as a lobbyist on behalf
                    of the client, the position in which such employee
                    served.
                (c) Guidelines for registration
                        (1) Multiple clients
                            In the case of a registrant making lobbying
                        contacts on behalf or more than one client, a
                        separate registration under this section shall be
                        filed for each such client.
                        (2) Multiple contacts
                            A registrant who makes more than one lobbying
                        contact for the same client shall file a single
                        registration covering all such lobbying contacts.
                (d) Termination of registration
                    A registrant who after registration--
                        (1) is no longer employed or retained by a client to
                    conduct lobbying activities; and
                        (2) does not anticipate any additional lobbying
                    activities for such client,
                may so notify the Secretary of the Senate and the Clerk of
                the House of Representatives and terminate its registration.
                (Pub. L. 104-65, Sec. 4, Dec. 19, 1995, 109 Stat. 696.)
      399.90-4  Sec. 1604. Reports by registered lobbyists
                (a) Semiannual report
                    No later than 45 days after the end of the semiannual
                period beginning on the first day of each January and the
                first day of July of each year in which a registrant is
                registered under section 4, each registrant shall file a
                report with the Secretary of the Senate and the Clerk of the
                House of Representatives on its lobbying activities during
                such semiannual period. A separate report shall be filed for
                each client of the registrant.
                (b) Contents of report
                    Each semiannual report filed under subsection (a) of
                this section shall contain--
                        (1) the name of the registrant, the name of the
                    client, and any changes or updates to the information
                    provided in the initial registration;
                        (2) for each general issue are in which the
                    registrant engaged in lobbing activities on behalf of
                    the client during the semiannual filing period--

    [[Page 578]]

                                (A) a list of the specific issues upon which
                            a lobbyist employed by the registrant engaged in
                            lobbying activities, including, to the maximum
                            extent practicable, a list of bill numbers and
                            references to specific executive branch actions;
                                (B) a statement of the Houses of Congress
                            and the Federal agencies contacted by lobbyists
                            employed by the registrant on behalf of the
                            client;
                                (C) a list of the employees of the
                            registrant who acted as lobbyists on behalf of
                            the client; and
                                (D) a description of the interest, if any,
                            of any foreign entity identified under section
                            1603(b)(4) of this title in the specific issues
                            listed under subparagraph (A);
                        (3) in the case of lobbying firm, a good faith
                    estimate of the total amount of all income from the
                    client (including any payments to the registrant by any
                    other person for lobbying activities on behalf of the
                    client) during the semiannual period, other than income
                    for matters that are unrelated to lobbying activities;
                    and
                        (4) in the case of a registrant engaged in lobbying
                    activities on its own behalf, a good faith estimate of
                    the total expenses that the registrant and its employees
                    incurred in connection with lobbying activities during
                    the semiannual filing period.
                (c) Estimates of income or expenses
                    For purposes of this section, estimates of income or
                expenses shall be made as follows:
                        (1) Estimates of amounts in excess of $10,000 shall
                    be rounded to the nearest $20,000.
                        (2) In the event income or expenses do not exceed
                    $10,000, the registrant shall include a statement that
                    income or expenses totaled less than $10,000 for the
                    reporting period.
                        (3) A registrant that reports lobbying expenditures
                    pursuant to section 6033(b)(8) of title 26 may satisfy
                    the requirement to report income or expenses by filing
                    with the Secretary of the Senate and the Clerk of the
                    House of Representatives a copy of the form filed in
                    accordance with section 6033(b)(8) of title 26. (Pub. L.
                    104-65, Sec. 5, Dec. 19, 1995, 109 Stat. 697.)
      399.90-5  Sec. 1605. Disclosure and enforcement
                    The Secretary of the Senate and the Clerk of the House
                of Representatives shall--
                        (1) provide guidance and assistance on the
                    registration and reporting requirements of this chapter
                    and develop common standards, rules, and procedures for
                    compliance with this chapter;
                        (2) review, and, where necessary, verify and inquire
                    to ensure the accuracy, completeness, and timeliness of
                    registration and reports;
                        (3) develop filing, coding, and cross-indexing
                    systems to carry out the purpose of this chapter,
                    including--
                                (A) a publicly available list of all
                            registered lobbyists, lobbying firms, and their
                            clients; and
                                (B) computerized systems designed to
                            minimize the burden of filing and maximize
                            public access to materials filed under this
                            chapter;
                        (4) make available for public inspection and copying
                    at reasonable times the registrations and reports filed
                    under this chapter;

    [[Page 579]]

                        (5) retain registrations for a period of at least 6
                    years after they are terminated and reports for a period
                    of at least 6 years after they are filed;
                        (6) compile and summarize, with respect to each
                    semiannual period, the information contained in
                    registrations and reports filed with respect to such
                    period in a clear and complete manner;
                        (7) notify any lobbyist or lobbying firm in writing
                    that may be in noncompliance with this Act; and
                        (8) notify the United States Attorney for the
                    District of Columbia that a lobbyist or lobbying firm
                    may be in noncompliance with this chapter, if the
                    registrant has been notified in writing and has failed
                    to provide an appropriate response within 60 days after
                    notice was given under paragraph (7). (Pub. L. 104-65,
                    Sec. 6, Dec. 19, 1995, 109 Stat. 698.)
      399.90-6  Sec. 1606. Penalties
                    Whoever knowingly fails to--
                        (1) remedy a defective filing within 60 days after
                    notice of such a defect by the Secretary of the Senate
                    or the Clerk of the House of Representatives; or
                        (2) comply with any other provision of this chapter;
                    shall, upon proof of such knowing violation by a
                preponderance of the evidence, be subject to a civil fine of
                not more than $50,000, depending on the extent and gravity
                of the violation. (Pub. L. 104-65, Sec. 7, Dec. 19, 1995,
                109 Stat. 699.)
      399.90-7  Sec. 1607. Rules of construction
                (a) Constitutional rights
                    Nothing in this chapter shall be construed to prohibit
                or interfere with--
                        (1) the right to petition the Government for the
                    redress of grievances;
                        (2) the right to express a personal opinion; or
                        (3) the right of association,
                                protected by the first amendment to the
                                Constitution.
                (b) Prohibition of activities
                    Nothing in this chapter shall be construed to prohibit,
                or to authorize any court to prohibit, lobbying activities
                or lobbying contacts by any person or entity, regardless of
                whether such person or entity is in compliance with the
                requirements of this chapter.
                (c) Audit and investigations
                    Nothing in this chapter shall be construed to grant
                general audit or investigative authority to the Secretary of
                the Senate or the Clerk of the House of Representatives.
                (Pub. L. 104-65, Sec. 8, Dec. 19, 1995, 109 Stat. 699.)
      399.90-8  Sec. 1608. Severability
                    If any provision of this chapter, or the application
                thereof, is held invalid, the validity of the remainder of
                this chapter and the application of such provision to other
                persons and circumstances shall not be affected thereby.
                (Pub. L. 104-65, Sec. 13, Dec. 19, 1995, 109 Stat. 701.)
      399.90-9  Sec. 1609. Identification of clients and covered officials
                (a) Oral lobbying contacts

    [[Page 580]]

                    Any person or entity that makes an oral lobbying contact
                with a covered legislative branch official or a covered
                executive branch official shall, on the request of the
                official at the time of the lobbying contact--
                        (1) state whether the person or entity is registered
                    under this chapter and identify the client on whose
                    behalf the lobbying contact is made; and
                        (2) state whether such client is a foreign entity
                    and identify any foreign entity required to be disclosed
                    under section 1603(b)(4) of this title that has a direct
                    interest in the outcome of the lobbying activity.
                (b) Written lobbying contacts
                    Any person or entity registered under this chapter that
                makes a written lobbying contact (including an electronic
                communication) with a covered legislative branch official or
                a covered executive branch official shall--
                        (1) if the client on whose behalf the lobbying
                    contact was made is a foreign entity, identify such
                    client, state that that client is considered a foreign
                    entity under this chapter, and state whether the person
                    making the lobbying contact is registered on behalf of
                    that client under section 1603 of this title; and
                        (2) identify any other foreign entity identified
                    pursuant to section 1603(b)(4) this title that has a
                    direct interest in the outcome of the lobbying activity.
                (c) Identification as covered official
                    Upon request by a person or entity making a lobbying
                contact, the individual who is contacted or the office
                employing that individual shall indicate whether or not the
                individual is a covered legislative branch official or a
                covered executive branch official. (Pub. L. 104-65, Sec. 14,
                Dec. 19, 1995, 109 Stat. 702.)
     399.90-10  Sec. 1610. Estimates based on tax reporting system
                (a) Entities covered by section 6033(b) of the Internal
                Revenue Code of 1986
                    A registrant that is required to report and does report
                lobbying expenditures pursuant to section 6033(b)(8) of
                title 26 may--
                        (1) make a good faith estimate (by category of
                    dollar value) of applicable amounts that would be
                    required to be disclosed under such section for the
                    appropriate semiannual period to meet the requirements
                    of sections 1603(a)(3) and 1604(b)(4) of this title; and
                        (2) in lieu of using the definition of ``lobbying
                    activities'' in section 1602(7) of this title, consider
                    as lobbying activities only those activities that are
                    influencing legislation as defined in section 4911(d) of
                    title 26.
                (b) Entities covered by section 162(e) of the Internal
                Revenue Code of 1986
                    A registrant that is subject to section 162(e) of title
                26 may--
                        (1) make a good faith estimate (by category of
                    dollar value) of applicable amounts that would not be
                    deductible pursuant to such section for the appropriate
                    semiannual period to meet the requirements of sections
                    1603(a)(3) and 1604(b)(4) of this title; and
                        (2) in lieu of using the definition of ``lobbying
                    activities'' in section 1602(7) of this title, consider
                    as lobbying activities only those activities, the costs
                    of which are not deductible pursuant to section 162(e)
                    of title 26.
                (c) Disclosure of estimate

    [[Page 581]]

                    Any registrant that elects to make estimates required by
                this chapter under the procedures authorized by subsection
                (a) or (b) of this section for reporting or threshold
                purposes shall--
                        (1) inform the Secretary of the Senate and the Clerk
                    of the House of Representatives that the registrant has
                    elected to make its estimates under such procedures; and
                        (2) make all such estimates, in a given calendar
                    year, under such procedures.
                (d) Study
                    Not later than March 31, 1997, the Comptroller General
                of the United States shall review reporting by registrants
                under subsections (a) and (b) of this section and report to
                the Congress--
                        (1) the differences between the definition of
                    ``lobbying activities'' in section 1602(7) of this title
                    and the definitions of ``lobbying expenditures'',
                    ``influencing legislation'', and related terms in
                    sections 162(e) and 4911 of title 26, as each are
                    implemented by regulations;
                        (2) the impact that any such differences may have on
                    filing and reporting under this chapter pursuant to this
                    subsection; and
                        (3) any changes to this chapter or to the
                    appropriate sections of title 26 that the Comptroller
                    General may recommend to harmonize the definitions.
                    (Pub. L. 104-65, Sec. 15, Dec. 19, 1995, 109 Stat. 703.)
     399.90-11  Sec. 1611. Exempt organizations
                    An organization described in section 501(c)(4) of title
                26 which engages in lobbying activities shall not be
                eligible for the receipt of Federal funds constituting an
                award, grant, or loan. (Pub. L. 104-65, Sec. 18, Dec. 19,
                1995, 109 Stat. 703; Pub. L. 104-99, Sec. 129, Jan. 26,
                1996, 110 Stat. 34.)
     399.90-12  Sec. 1612. Sense of the Senate that lobbying expenses should
                    remain nondeductible
                (a) Findings
                    The Senate finds that ordinary Americans generally are
                not allowed to deduct the costs of communicating with their
                elected representatives.
                (b) Sense of the Senate
                    It is the sense of the Senate that lobbying expenses
                should not be tax deductible. (Pub. L. 104-65, Sec. 23, Dec.
                19, 1995, 109 Stat. 705.)